H.B. 408 - School Board Referendum Amendments

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Bill

School Board Referendum Amendments
Number: H.B. 408 (2025GS)
Sponsor: Rep. Shipp, Rex P.
Final action: House/ filed 3/7/2025
Outcome: Failed / filed without passage
Summary

This bill amends provisions related to local referendums.
What it does

This bill:
defines terms;
subject to certain exceptions, establishes a process for voters who are residents of a school district to hold a local referendum on any legislative action taken by the local school board, including the local school board's decision to increase a tax or impose a new tax; and
makes technical and conforming changes.
Every vote on this bill

2/19/2025House Comm - Favorable Recommendation
House Government Operations Committee
7-3-3not eligible / no record
2/25/2025House/ substituted
House 3rd Reading Calendar for House bills
0-0-75not eligible / no record
2/25/2025House/ passed 3rd reading
Senate Secretary
40-33-2YEA
3/3/2025Senate Comm - Motion to Recommend Failed
Senate Government Operations and Political Subdivisions Committee
3-4-0not eligible / no record
Bill text

introduced version · official source
58
10-9a-103
10-9a-509
17-27a-103
17-27a-508
20A-4-301
20A-7-101
20A-7-102
20A-7-401.3
20A-7-401.5
20A-7-402
20A-7-405
20A-7-601
20A-7-602.5
20A-7-602.7
20A-7-603
20A-7-604
20A-7-607
20A-7-608
20A-7-609
20A-7-609.5
20A-7-610
20A-7-611
20A-7-613
20A-7-614
63G-30-102
School Board Referendum Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rex P. Shipp
Senate Sponsor: Brady Brammer
LONG TITLE
General Description:
This bill amends provisions related to local referendums. 
Highlighted Provisions:
This bill:
defines terms;
subject to certain exceptions, establishes a process for voters who are residents of a 
school district to hold a local referendum on any legislative action taken by the local 
school board, including the local school board's decision to increase a tax or impose a 
new tax; 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 2024, Chapter 464
10-9a-509
, as last amended by Laws of Utah 2024, Chapter 415
17-27a-103
, as last amended by Laws of Utah 2024, Chapter 464
17-27a-508
, as last amended by Laws of Utah 2024, Chapter 415
20A-4-301
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 3
20A-7-101
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 3
20A-7-102
, as last amended by Laws of Utah 1994, Chapter 272
20A-7-401.3
, as last amended by Laws of Utah 2024, Chapter 438
20A-7-401.5
, as last amended by Laws of Utah 2023, Chapter 116
20A-7-402
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 3
20A-7-405
, as enacted by Laws of Utah 2019, Chapter 203
20A-7-601
, as last amended by Laws of Utah 2024, Chapters 427, 438
20A-7-602.5
, as last amended by Laws of Utah 2024, Chapter 442
20A-7-602.7
, as last amended by Laws of Utah 2024, Chapter 438
20A-7-603
, as last amended by Laws of Utah 2024, Chapter 442
20A-7-604
, as last amended by Laws of Utah 2024, Chapters 438, 442
20A-7-607
, as last amended by Laws of Utah 2023, Chapters 107, 116
20A-7-608
, as last amended by Laws of Utah 2024, Chapter 442
20A-7-609
, as last amended by Laws of Utah 2023, Chapter 107
20A-7-609.5
, as last amended by Laws of Utah 2020, Chapter 31
20A-7-610
, as last amended by Laws of Utah 2023, Chapter 107
20A-7-611
, as last amended by Laws of Utah 2023, Chapter 107
20A-7-613
, as last amended by Laws of Utah 2023, Chapter 116
20A-7-614
, as last amended by Laws of Utah 2024, Chapter 442
63G-30-102
, as enacted by Laws of Utah 2023, Chapter 435
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, special district, special service district 
under Title 17D, Chapter 1, Special Service District Act, school district, interlocal 
cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, 
specified public utility, property owner, property owners association, or the Department 
of Transportation, if:
(a)
the entity's services or facilities are likely to require expansion or significant 
modification because of an intended use of land;
(b)
the entity has filed with the municipality a copy of the entity's general or long-range 
plan; or
(c)
the entity has filed with the municipality a request for notice during the same 
calendar year and before the municipality provides notice to an affected entity in 
compliance with a requirement imposed under this chapter.
(4)
"Affected owner" means the owner of real property that is:
(a)
a single project;
(b)
the subject of a land use approval that sponsors of a referendum timely challenged in 
accordance with Subsection 
20A-7-601
(6)
20A-7-601(7)
; and
(c)
determined to be legally referable under Section 
20A-7-602.8
.
(5)
"Appeal authority" means the person, board, commission, agency, or other body 
designated by ordinance to decide an appeal of a decision of a land use application or a 
variance.
(6)
"Billboard" means a freestanding ground sign located on industrial, commercial, or 
residential property if the sign is designed or intended to direct attention to a business, 
product, or service that is not sold, offered, or existing on the property where the sign is 
located.
(7)
(a)
"Charter school" means:
(i)
an operating charter school;
(ii)
a charter school applicant that a charter school authorizer approves in accordance 
with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
(iii)
an entity that is working on behalf of a charter school or approved charter 
applicant to develop or construct a charter school building.
(b)
"Charter school" does not include a therapeutic school.
(8)
"Conditional use" means a land use that, because of the unique characteristics or 
potential impact of the land use on the municipality, surrounding neighbors, or adjacent 
land uses, may not be compatible in some areas or may be compatible only if certain 
conditions are required that mitigate or eliminate the detrimental impacts.
(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)
"Development agreement" means a written agreement or amendment to a written 
agreement between a municipality and one or more parties that regulates or controls 
the use or development of a specific area of land.
(b)
"Development agreement" does not include an improvement completion assurance.
(13)
(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.
(14)
"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 (14)(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 
(14)(a)(i); and
(B)
used in support of the purposes of a building described in Subsection 
(14)(a)(i); or
(ii)
a therapeutic school.
(15)
"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.
(16)
"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.
(17)
"General plan" means a document that a municipality adopts that sets forth general 
guidelines for proposed future development of the land within the municipality.
(18)
"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.
(19)
"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.
(20)
"Home-based microschool" means the same as that term is defined in Section 
53G-6-201
.
(21)
"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.
(22)
"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.
(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 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.
(25)
"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.
(26)
"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.
(27)
"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.
(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)
"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.
(30)
"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.
(31)
"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.
(32)
"Land use decision" means an administrative decision of a land use authority or appeal 
authority regarding:
(a)
a land use permit; or
(b)
a land use application.
(33)
"Land use permit" means a permit issued by a land use authority.
(34)
"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.
(35)
"Legislative body" means the municipal council.
(36)
"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.
(37)
"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.
(38)
(a)
"Lot line adjustment" means a relocation of a lot line boundary between 
adjoining lots or between a lot and adjoining parcels in accordance with Section 
10-9a-608
:
(i)
whether or not the lots are located in the same subdivision; and
(ii)
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 or a subdivision amendment.
(c)
"Lot line adjustment" does not include a boundary line adjustment made by the 
Department of Transportation.
(39)
"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
.
(40)
"Micro-education entity" means the same as that term is defined in Section 
53G-6-201
.
(41)
"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.
(42)
"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.
(43)
"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.
(44)
"Noncomplying structure" means a structure that:
(a)
legally existed before the structure's current land use designation; and
(b)
because of one or more subsequent land use ordinance changes, does not conform to 
the setback, height restrictions, or other regulations, excluding those regulations, 
which govern the use of land.
(45)
"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.
(46)
"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.
(47)
"Parcel" means any real property that is not a lot.
(48)
(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 
10-9a-524
, if no additional parcel is created 
and:
(i)
none of the property identified in the agreement is a lot; 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.
(c)
"Parcel boundary adjustment" does not include a boundary line adjustment made by 
the Department of Transportation.
(49)
"Person" means an individual, corporation, partnership, organization, association, trust, 
governmental agency, or any other legal entity.
(50)
"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.
(51)
"Plat" means an instrument subdividing property into lots as depicted on a map or 
other graphical representation of lands that a licensed professional land surveyor makes 
and prepares in accordance with Section 
10-9a-603
 or 
57-8-13
.
(52)
"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.
(53)
"Public agency" means:
(a)
the federal government;
(b)
the state;
(c)
a county, municipality, school district, special district, special service district, or 
other political subdivision of the state; or
(d)
a charter school.
(54)
"Public hearing" means a hearing at which members of the public are provided a 
reasonable opportunity to comment on the subject of the hearing.
(55)
"Public meeting" means a meeting that is required to be open to the public under Title 
52, Chapter 4, Open and Public Meetings Act.
(56)
"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.
(57)
"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.
(58)
"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
.
(59)
"Residential facility for persons with a disability" means a residence:
(a)
in which more than one person with a disability resides; and
(b)
which is licensed or certified by the Department of Health and Human Services 
under:
(i)
Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or
(ii)
Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
(60)
"Residential roadway" means a public local residential road that:
(a)
will serve primarily to provide access to adjacent primarily residential areas and 
property;
(b)
is designed to accommodate minimal traffic volumes or vehicular traffic;
(c)
is not identified as a supplementary to a collector or other higher system classified 
street in an approved municipal street or transportation master plan;
(d)
has a posted speed limit of 25 miles per hour or less;
(e)
does not have higher traffic volumes resulting from connecting previously separated 
areas of the municipal road network;
(f)
cannot have a primary access, but can have a secondary access, and does not abut lots 
intended for high volume traffic or community centers, including schools, recreation 
centers, sports complexes, or libraries; and
(g)
primarily serves traffic within a neighborhood or limited residential area and is not 
necessarily continuous through several residential areas.
(61)
"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.
(62)
"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.
(63)
"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.
(64)
"Special district" means an entity under Title 17B, Limited Purpose Local Government 
Entities - Special Districts, and any other governmental or quasi-governmental entity 
that is not a county, municipality, school district, or the state.
(65)
"Specified public agency" means:
(a)
the state;
(b)
a school district; or
(c)
a charter school.
(66)
"Specified public utility" means an electrical corporation, gas corporation, or telephone 
corporation, as those terms are defined in Section 
54-2-1
.
(67)
"State" includes any department, division, or agency of the state.
(68)
(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 (68)(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)
a boundary line agreement recorded with the county recorder's office between 
owners of adjoining parcels adjusting the mutual boundary in accordance with 
Section 
10-9a-524
 if no new parcel is created;
(iii)
a recorded document, executed by the owner of record:
(A)
revising the legal descriptions of multiple parcels into one legal description 
encompassing all such parcels; or
(B)
joining a lot to a parcel;
(iv)
a boundary line agreement between owners of adjoining subdivided properties 
adjusting the mutual lot line boundary in accordance with Sections 
10-9a-524
 and 
10-9a-608
 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 of land by deed or other instrument if the deed or other 
instrument states in writing that the division:
(A)
is in anticipation of future land use approvals on the parcel or parcels;
(B)
does not confer any land use approvals; and
(C)
has not been approved by the land use authority;
(vi)
a parcel boundary adjustment;
(vii)
a lot line adjustment;
(viii)
a road, street, or highway dedication plat;
(ix)
a deed or easement for a road, street, or highway purpose; or
(x)
any other division of land authorized by law.
(69)
(a)
"Subdivision amendment" means an amendment to a recorded subdivision in 
accordance with Section 
10-9a-608
 that:
(i)
vacates all or a portion of the subdivision;
(ii)
alters the outside boundary of the subdivision;
(iii)
changes the number of lots within the subdivision;
(iv)
alters a public right-of-way, a public easement, or public infrastructure within the 
subdivision; or
(v)
alters a common area or other common amenity within the subdivision.
(b)
"Subdivision amendment" does not include a lot line adjustment, between a single lot 
and an adjoining lot or parcel, that alters the outside boundary of the subdivision.
(70)
"Substantial evidence" means evidence that:
(a)
is beyond a scintilla; and
(b)
a reasonable mind would accept as adequate to support a conclusion.
(71)
"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.
(72)
"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.
(73)
"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.
(74)
"Unincorporated" means the area outside of the incorporated area of a city or town.
(75)
"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
.
(76)
"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)
(A)
the proceedings have not resulted in an enactment that prohibits approval 
of the application as submitted; or
(B)
during the 12 months prior to the municipality processing the application, or 
multiple applications of the same type, are impaired or prohibited under the 
terms of a temporary land use regulation adopted under Section 
10-9a-504
.
(c)
A land use application is considered submitted and complete when the applicant 
provides the application in a form that complies with the requirements of applicable 
ordinances and pays all applicable fees.
(d)
A subsequent incorporation of a municipality or a petition that proposes the 
incorporation of a municipality does not affect a land use application approved by a 
county in accordance with Section 
17-27a-508
.
(e)
Unless a phasing sequence is required in an executed development agreement, a 
municipality shall, without regard to any other separate and distinct land use 
application, accept and process a complete land use application.
(f)
The continuing validity of an approval of a land use application is conditioned upon 
the applicant proceeding after approval to implement the approval with reasonable 
diligence.
(g)
A municipality may not impose on an applicant who has submitted a complete 
application a requirement that is not expressed in:
(i)
this chapter;
(ii)
a municipal ordinance in effect on the date that the applicant submits a complete 
application, subject to Subsection 
10-9a-509
(1)(a)(ii); or
(iii)
a municipal specification for public improvements applicable to a subdivision or 
development that is in effect on the date that the applicant submits an application.
(h)
A municipality may not impose on a holder of an issued land use permit or a final, 
unexpired subdivision plat a requirement that is not expressed:
(i)
in a land use permit;
(ii)
on the subdivision plat;
(iii)
in a document on which the land use permit or subdivision plat is based;
(iv)
in the written record evidencing approval of the land use permit or subdivision 
plat;
(v)
in this chapter;
(vi)
in a municipal ordinance; or
(vii)
in a municipal specification for residential roadways in effect at the time a 
residential subdivision was approved.
(i)
Except as provided in Subsection (1)(j) or (k), a municipality may not withhold 
issuance of a certificate of occupancy or acceptance of subdivision improvements 
because of an applicant's failure to comply with a requirement that is not expressed:
(i)
in the building permit or subdivision plat, documents on which the building permit 
or subdivision plat is based, or the written record evidencing approval of the land 
use permit or subdivision plat; or
(ii)
in this chapter or the municipality's ordinances.
(j)
A municipality may not unreasonably withhold issuance of a certificate of occupancy 
where an applicant has met all requirements essential for the public health, public 
safety, and general welfare of the occupants, in accordance with this chapter, unless:
(i)
the applicant and the municipality have agreed in a written document to the 
withholding of a certificate of occupancy; or
(ii)
the applicant has not provided a financial assurance for required and uncompleted 
public landscaping improvements or infrastructure improvements in accordance 
with an applicable ordinance that the legislative body adopts under this chapter.
(k)
A municipality may not conduct a final inspection required before issuing a 
certificate of occupancy for a residential unit that is within the boundary of an 
infrastructure financing district, as defined in Section 
17B-1-102
, until the applicant 
for the certificate of occupancy provides adequate proof to the municipality that any 
lien on the unit arising from the infrastructure financing district's assessment against 
the unit under Title 11, Chapter 42, Assessment Area Act, has been released after 
payment in full of the infrastructure financing district's assessment against that unit.
(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
(6)
20A-7-601(7)
, the project's affected owner may rescind 
the project's land use approval by delivering a written notice:
(i)
to the local clerk as defined in Section 
20A-7-101
; and
(ii)
no later than seven days after the day on which a petition for a referendum is 
determined sufficient under Subsection 
20A-7-607
(5).
(b)
Upon delivery of a written notice described in Subsection (5)(a) the following are 
rescinded and are of no further force or effect:
(i)
the relevant land use approval; and
(ii)
any land use regulation enacted specifically in relation to the land use approval.
(6)
(a)
After issuance of a building permit, a municipality may not:
(i)
change or add to the requirements expressed in the building permit, unless the 
change or addition is:
(A)
requested by the building permit holder; or
(B)
necessary to comply with an applicable state building code; or
(ii)
revoke the building permit or take action that has the effect of revoking the 
building permit.
(b)
Subsection (6)(a) does not prevent a municipality from issuing a building permit that 
contains an expiration date defined in the building permit.
Section 3, Section 
17-27a-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, special district, special service district 
under Title 17D, Chapter 1, Special Service District Act, school district, interlocal 
cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, 
specified property owner, property owner's association, public utility, or the Department 
of Transportation, if:
(a)
the entity's services or facilities are likely to require expansion or significant 
modification because of an intended use of land;
(b)
the entity has filed with the county a copy of the entity's general or long-range plan; 
or
(c)
the entity has filed with the county a request for notice during the same calendar year 
and before the county provides notice to an affected entity in compliance with a 
requirement imposed under this chapter.
(4)
"Affected owner" means the owner of real property that is:
(a)
a single project;
(b)
the subject of a land use approval that sponsors of a referendum timely challenged in 
accordance with Subsection 
20A-7-601
(6)
20A-7-601(7)
; and
(c)
determined to be legally referable under Section 
20A-7-602.8
.
(5)
"Appeal authority" means the person, board, commission, agency, or other body 
designated by ordinance to decide an appeal of a decision of a land use application or a 
variance.
(6)
"Billboard" means a freestanding ground sign located on industrial, commercial, or 
residential property if the sign is designed or intended to direct attention to a business, 
product, or service that is not sold, offered, or existing on the property where the sign is 
located.
(7)
(a)
"Charter school" means:
(i)
an operating charter school;
(ii)
a charter school applicant that a charter school authorizer approves in accordance 
with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
(iii)
an entity that is working on behalf of a charter school or approved charter 
applicant to develop or construct a charter school building.
(b)
"Charter school" does not include a therapeutic school.
(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 the unique characteristics or 
potential impact of the land use on the county, surrounding neighbors, or adjacent land 
uses, may not be compatible in some areas or may be compatible only if certain 
conditions are required that mitigate or eliminate the detrimental impacts.
(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)
"Development agreement" means a written agreement or amendment to a written 
agreement between a county and one or more parties that regulates or controls the use 
or development of a specific area of land.
(b)
"Development agreement" does not include an improvement completion assurance.
(15)
(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.
(16)
"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 (16)(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 
(16)(a)(i); and
(B)
used in support of the purposes of a building described in Subsection 
(16)(a)(i); or
(ii)
a therapeutic school.
(17)
"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.
(18)
"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.
(19)
"Gas corporation" has the same meaning as defined in Section 
54-2-1
.
(20)
"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.
(21)
"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.
(22)
"Home-based microschool" means the same as that term is defined in Section 
53G-6-201
.
(23)
"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.
(24)
"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.
(25)
"Impact fee" means a payment of money imposed under Title 11, Chapter 36a, Impact 
Fees Act.
(26)
"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.
(27)
"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.
(28)
"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.
(29)
"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.
(30)
"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.
(31)
"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.
(32)
"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.
(33)
"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.
(34)
"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.
(35)
"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.
(36)
"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.
(37)
"Land use permit" means a permit issued by a land use authority.
(38)
"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.
(39)
"Legislative body" means the county legislative body, or for a county that has adopted 
an alternative form of government, the body exercising legislative powers.
(40)
"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.
(41)
(a)
"Lot line adjustment" means a relocation of a lot line boundary between 
adjoining lots or between a lot and adjoining parcels in accordance with Section 
17-27a-608
:
(i)
whether or not the lots are located in the same subdivision; and
(ii)
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 or a subdivision amendment.
(c)
"Lot line adjustment" does not include a boundary line adjustment made by the 
Department of Transportation.
(42)
"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
.
(43)
"Micro-education entity" means the same as that term is defined in Section 
53G-6-201
.
(44)
"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.
(45)
"Mountainous planning district" means an area designated by a county legislative body 
in accordance with Section 
17-27a-901
.
(46)
"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.
(47)
"Noncomplying structure" means a structure that:
(a)
legally existed before the structure's current land use designation; and
(b)
because of one or more subsequent land use ordinance changes, does not conform to 
the setback, height restrictions, or other regulations, excluding those regulations that 
govern the use of land.
(48)
"Nonconforming use" means a use of land that:
(a)
legally existed before the current land use designation;
(b)
has been maintained continuously since the time the land use ordinance regulation 
governing the land changed; and
(c)
because of one or more subsequent land use ordinance changes, does not conform to 
the regulations that now govern the use of the land.
(49)
"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.
(50)
"Parcel" means any real property that is not a lot.
(51)
(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 
17-27a-523
, if no additional parcel is created 
and:
(i)
none of the property identified in the agreement is a lot; 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.
(c)
"Parcel boundary adjustment" does not include a boundary line adjustment made by 
the Department of Transportation.
(52)
"Person" means an individual, corporation, partnership, organization, association, trust, 
governmental agency, or any other legal entity.
(53)
"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.
(54)
"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.
(55)
"Plat" means an instrument subdividing property into lots as depicted on a map or 
other graphical representation of lands that a licensed professional land surveyor makes 
and prepares in accordance with Section 
17-27a-603
 or 
57-8-13
.
(56)
"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.
(57)
"Public agency" means:
(a)
the federal government;
(b)
the state;
(c)
a county, municipality, school district, special district, special service district, or 
other political subdivision of the state; or
(d)
a charter school.
(58)
"Public hearing" means a hearing at which members of the public are provided a 
reasonable opportunity to comment on the subject of the hearing.
(59)
"Public meeting" means a meeting that is required to be open to the public under Title 
52, Chapter 4, Open and Public Meetings Act.
(60)
"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.
(61)
"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.
(62)
"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
.
(63)
"Residential facility for persons with a disability" means a residence:
(a)
in which more than one person with a disability resides; and
(b)
which is licensed or certified by the Department of Health and Human Services 
under:
(i)
Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or
(ii)
Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
(64)
"Residential roadway" means a public local residential road that:
(a)
will serve primarily to provide access to adjacent primarily residential areas and 
property;
(b)
is designed to accommodate minimal traffic volumes or vehicular traffic;
(c)
is not identified as a supplementary to a collector or other higher system classified 
street in an approved municipal street or transportation master plan;
(d)
has a posted speed limit of 25 miles per hour or less;
(e)
does not have higher traffic volumes resulting from connecting previously separated 
areas of the municipal road network;
(f)
cannot have a primary access, but can have a secondary access, and does not abut lots 
intended for high volume traffic or community centers, including schools, recreation 
centers, sports complexes, or libraries; and
(g)
primarily serves traffic within a neighborhood or limited residential area and is not 
necessarily continuous through several residential areas.
(65)
"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.
(66)
"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.
(67)
"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.
(68)
"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.
(69)
(a)
"Special district" means an entity under Title 17B, Limited Purpose Local 
Government Entities - Special Districts.
(b)
"Special district" includes a governmental or quasi-governmental entity that is not a 
county, municipality, school district, or the state.
(70)
"Specified public agency" means:
(a)
the state;
(b)
a school district; or
(c)
a charter school.
(71)
"Specified public utility" means an electrical corporation, gas corporation, or telephone 
corporation, as those terms are defined in Section 
54-2-1
.
(72)
"State" includes any department, division, or agency of the state.
(73)
(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 (73)(c), divisions of land for residential and 
nonresidential uses, including land used or to be used for commercial, agricultural, 
and industrial purposes.
(c)
"Subdivision" does not include:
(i)
a bona fide division or partition of agricultural land for agricultural purposes;
(ii)
a boundary line agreement recorded with the county recorder's office between 
owners of adjoining parcels adjusting the mutual boundary in accordance with 
Section 
17-27a-523
 if no new lot is created;
(iii)
a recorded document, executed by the owner of record:
(A)
revising the legal descriptions of multiple parcels into one legal description 
encompassing all such parcels; or
(B)
joining a lot to a parcel;
(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)
a boundary line agreement between owners of adjoining subdivided properties 
adjusting the mutual lot line boundary in accordance with Sections 
17-27a-523
and 
17-27a-608
 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 of land by deed or other instrument if the deed or other 
instrument states in writing that the division:
(A)
is in anticipation of future land use approvals on the parcel or parcels;
(B)
does not confer any land use approvals; and
(C)
has not been approved by the land use authority;
(vii)
a parcel boundary adjustment;
(viii)
a lot line adjustment;
(ix)
a road, street, or highway dedication plat;
(x)
a deed or easement for a road, street, or highway purpose; or
(xi)
any other division of land authorized by law.
(74)
(a)
"Subdivision amendment" means an amendment to a recorded subdivision in 
accordance with Section 
17-27a-608
 that:
(i)
vacates all or a portion of the subdivision;
(ii)
alters the outside boundary of the subdivision;
(iii)
changes the number of lots within the subdivision;
(iv)
alters a public right-of-way, a public easement, or public infrastructure within the 
subdivision; or
(v)
alters a common area or other common amenity within the subdivision.
(b)
"Subdivision amendment" does not include a lot line adjustment, between a single lot 
and an adjoining lot or parcel, that alters the outside boundary of the subdivision.
(75)
"Substantial evidence" means evidence that:
(a)
is beyond a scintilla; and
(b)
a reasonable mind would accept as adequate to support a conclusion.
(76)
"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.
(77)
"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.
(78)
"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.
(79)
"Unincorporated" means the area outside of the incorporated area of a municipality.
(80)
"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
.
(81)
"Zoning map" means a map, adopted as part of a land use ordinance, that depicts land 
use zones, overlays, or districts.
Section 4, Section 
17-27a-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)
(A)
the proceedings have not resulted in an enactment that prohibits approval 
of the application as submitted; or
(B)
during the 12 months prior to the county processing the application or 
multiple applications of the same type, the application is impaired or prohibited 
under the terms of a temporary land use regulation adopted under Section 
17-27a-504
.
(c)
A land use application is considered submitted and complete when the applicant 
provides the application in a form that complies with the requirements of applicable 
ordinances and pays all applicable fees.
(d)
Unless a phasing sequence is required in an executed development agreement, a 
county shall, without regard to any other separate and distinct land use application, 
accept and process a complete land use application.
(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 county may not impose on an applicant who has submitted a complete application 
a requirement that is not expressed in:
(i)
this chapter;
(ii)
a county ordinance in effect on the date that the applicant submits a complete 
application, subject to Subsection (1)(a)(ii); or
(iii)
a county specification for public improvements applicable to a subdivision or 
development that is in effect on the date that the applicant submits an application.
(g)
A county may not impose on a holder of an issued land use permit or a final, 
unexpired subdivision plat a requirement that is not expressed:
(i)
in a land use permit;
(ii)
on the subdivision plat;
(iii)
in a document on which the land use permit or subdivision plat is based;
(iv)
in the written record evidencing approval of the land use permit or subdivision 
plat;
(v)
in this chapter;
(vi)
in a county ordinance; or
(vii)
in a county specification for residential roadways in effect at the time a 
residential subdivision was approved.
(h)
Except as provided in Subsection (1)(i) or (j), a county may not withhold issuance of 
a certificate of occupancy or acceptance of subdivision improvements because of an 
applicant's failure to comply with a requirement that is not expressed:
(i)
in the building permit or subdivision plat, documents on which the building permit 
or subdivision plat is based, or the written record evidencing approval of the 
building permit or subdivision plat; or
(ii)
in this chapter or the county's ordinances.
(i)
A county may not unreasonably withhold issuance of a certificate of occupancy 
where an applicant has met all requirements essential for the public health, public 
safety, and general welfare of the occupants, in accordance with this chapter, unless:
(i)
the applicant and the county have agreed in a written document to the withholding 
of a certificate of occupancy; or
(ii)
the applicant has not provided a financial assurance for required and uncompleted 
public landscaping improvements or infrastructure improvements in accordance 
with an applicable ordinance that the legislative body adopts under this chapter.
(j)
A county may not conduct a final inspection required before issuing a certificate of 
occupancy for a residential unit that is within the boundary of an infrastructure 
financing district, as defined in Section 
17B-1-102
, until the applicant for the 
certificate of occupancy provides adequate proof to the county that any lien on the 
unit arising from the infrastructure financing district's assessment against the unit 
under Title 11, Chapter 42, Assessment Area Act, has been released after payment in 
full of the infrastructure financing district's assessment against that unit.
(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
(6)
20A-7-601(7)
, the project's affected owner may rescind 
the project's land use approval by delivering a written notice:
(i)
to the local clerk as defined in Section 
20A-7-101
; and
(ii)
no later than seven days after the day on which a petition for a referendum is 
determined sufficient under Subsection 
20A-7-607(4)
.
(b)
Upon delivery of a written notice described in Subsection(5)(a) the following are 
rescinded and are of no further force or effect:
(i)
the relevant land use approval; and
(ii)
any land use regulation enacted specifically in relation to the land use approval.
(6)
(a)
After issuance of a building permit, a county may not:
(i)
change or add to the requirements expressed in the building permit, unless the 
change or addition is:
(A)
requested by the building permit holder; or
(B)
necessary to comply with an applicable state building code; or
(ii)
revoke the building permit or take action that has the effect of revoking the 
building permit.
(b)
Subsection (6)(a) does not prevent a county from issuing a building permit that 
contains an expiration date defined in the building permit.
Section 5, Section 
20A-4-301
 is amended to read:
20A-4-301. Board of canvassers.
(1)
(a)
Each county legislative body is the board of county canvassers for:
(i)
the county; and
(ii)
each special district whose election is conducted by the county if:
(A)
the election relates to the creation of the special district;
(B)
the county legislative body serves as the governing body of the special 
district; or
(C)
there is no duly constituted governing body of the special district.
(b)
The board of county canvassers shall meet to canvass the returns at the usual place of 
meeting of the county legislative body, at a date and time determined by the county 
clerk that is no sooner than seven days after the election and no later than 14 days 
after the election.
(c)
If one or more of the county legislative body fails to attend the meeting of the board 
of county canvassers, the remaining members shall replace the absent member by 
appointing in the order named:
(i)
the county treasurer;
(ii)
the county assessor; or
(iii)
the county sheriff.
(d)
Attendance of the number of persons equal to a simple majority of the county 
legislative body, but not less than three persons, shall constitute a quorum for 
conducting the canvass.
(e)
The county clerk is the clerk of the board of county canvassers.
(2)
(a)
The mayor and the municipal legislative body are the board of municipal 
canvassers for the municipality.
(b)
The board of municipal canvassers shall meet to canvass the returns at the usual 
place of meeting of the municipal legislative body:
(i)
for canvassing of returns from a municipal general election, no sooner than seven 
days after the election and no later than 14 days after the election; or
(ii)
for canvassing of returns from a municipal primary election, no sooner than seven 
days after the election and no later than 14 days after the election.
(c)
Attendance of a simple majority of the municipal legislative body shall constitute a 
quorum for conducting the canvass.
(3)
(a)
The legislative body of the entity authorizing a bond election is the board of 
canvassers for each bond election.
(b)
The board of canvassers for the bond election shall comply with the canvassing 
procedures and requirements of Section 
11-14-207
.
(c)
Attendance of a simple majority of the legislative body of the entity authorizing a 
bond election shall constitute a quorum for conducting the canvass.
(4)
(a)
If a board of trustees or an administrative control board is the governing body of a 
special district, the board of trustees or the administrative control board is the board 
of special district canvassers for the special district.
(b)
The board of special district canvassers shall meet to canvass the returns at the usual 
place of meeting for the board of trustees or the administrative control board, as 
applicable, at a date and time determined by the special district clerk that is no sooner 
than seven days after the day of the election and no later than 14 days after the day of 
the election.
(c)
Attendance of a simple majority of the board of trustees or the administrative control 
board is a quorum for conducting the canvass.
(5)
(a)
The local school board of a school district is the board of school district 
canvassers for a referendum election under Subsection 
20A-7-102(4)
.
(b)
The board of school district canvassers shall meet to canvass the returns at the usual 
place of meeting of the local school board no sooner than seven days after the 
election and no later than 14 days after the election.
(c)
Attendance of a simple majority of the local school board shall constitute a quorum 
for conducting the canvass.
(5)
(6)
In relation to an election for the creation of a new school district under Section 
53G-3-301.1
, 
53G-3-301.3
, or 
53G-3-301.4
, or in relation to an election of members of a 
local school board for a new school district or a reorganized new school district under 
Section 
53G-3-302
, the board of canvassers is:
(a)
if the voters permitted to vote in the election are all residents of the same 
municipality, the mayor and the municipal legislative body;
(b)
if the voters permitted to vote in the election are not all residents of the same 
municipality, but are all residents of the same county, the county legislative body; or
(c)
if the voters permitted to vote in the election are not all residents of the same 
municipality and are not all residents of the same county, the county legislative body 
of the county where the majority of the voters permitted to vote in the election are 
residents.
Section 6, 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); 
or
(c)
for a town, the town council
.
; or
(d)
for a school district, the person appointed business administrator under Section 
53G-4-302
.
(3)
"Certified" means that the county clerk has acknowledged a signature as being the 
signature of a registered voter.
(4)
"Circulation" means the process of submitting an initiative petition or a referendum 
petition to legal voters for their signature.
(5)
"Electronic initiative process" means:
(a)
as it relates to a statewide initiative, the process, described in Sections 
20A-7-215
and 
20A-21-201
, for gathering signatures; or
(b)
as it relates to a local initiative, the process, described in Sections 
20A-7-514
 and 
20A-21-201
, for gathering signatures.
(6)
"Electronic referendum process" means:
(a)
as it relates to a statewide referendum, the process, described in Sections 
20A-7-313
and 
20A-21-201
, for gathering signatures; or
(b)
as it relates to a local referendum, the process, described in Sections 
20A-7-614
 and 
20A-21-201
, for gathering signatures.
(7)
"Eligible voter" means a legal voter who resides in the jurisdiction of the county, city, or 
town that is holding an election on a ballot proposition.
(8)
"Final fiscal impact statement" means a financial statement prepared after voters 
approve an initiative that contains the information required by Subsection 
20A-7-202.5
(2) or 
20A-7-502.5
(2).
(9)
"Initial fiscal impact statement" means a financial statement prepared under Section 
20A-7-202.5
 after the filing of a statewide initiative application.
(10)
"Initial fiscal impact and legal statement" means a financial and legal statement 
prepared under Section 
20A-7-502.5
 or 
20A-7-602.5
 for a local initiative or a local 
referendum.
(11)
"Initiative" means a new law proposed for adoption by the public as provided in this 
chapter.
(12)
"Initiative application" means:
(a)
for a statewide initiative, an application described in Subsection 
20A-7-202
(2) that 
includes all the information, statements, documents, and notarized signatures 
required under Subsection 
20A-7-202
(2); or
(b)
for a local initiative, an application described in Subsection 
20A-7-502
(2) that 
includes all the information, statements, documents, and notarized signatures 
required under Subsection 
20A-7-502
(2).
(13)
"Initiative packet" means a copy of the initiative petition, a copy of the proposed law, 
and the signature sheets, all of which have been bound together as a unit.
(14)
"Initiative petition":
(a)
as it relates to a statewide initiative, using the manual initiative process:
(i)
means the form described in Subsection 
20A-7-203
(2)(a), petitioning for 
submission of the initiative to the Legislature or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in 
Subsection 
20A-7-203
(2)(b);
(b)
as it relates to a statewide initiative, using the electronic initiative process:
(i)
means the form described in Subsections 
20A-7-215
(2) and (3), petitioning for 
submission of the initiative to the Legislature or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in 
Subsection 
20A-7-215
(5)(b);
(c)
as it relates to a local initiative, using the manual initiative process:
(i)
means the form described in Subsection 
20A-7-503
(2)(a), petitioning for 
submission of the initiative to the legislative body or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in 
Subsection 
20A-7-503
(2)(b); or
(d)
as it relates to a local initiative, using the electronic initiative process:
(i)
means the form described in Subsection 
20A-7-514
(2)(a), petitioning for 
submission of the initiative to the legislative body or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in 
Subsection 
20A-7-514
(4)(a).
(15)
(a)
"Land use law" means a law of general applicability, enacted based on the 
weighing of broad, competing policy considerations, that relates to the use of land, 
including 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
, or local 
school district attorney
 in whose jurisdiction a local initiative or referendum petition is 
circulated.
(20)
"Local clerk" means
:
(a)
the county clerk, city recorder, or town clerk in whose jurisdiction a local initiative 
or referendum petition is circulated
.
; or
(b)
for a referendum petition under Subsection 
20A-7-102(4)
, the business administrator 
or superintendent of the school district in which the referendum petition is circulated.
(21)
(a)
"Local law" includes:
(i)
an ordinance;
(ii)
a resolution;
(iii)
a land use law;
(iv)
a land use regulation, as defined in Section 
10-9a-103
; 
or
(v)
a local tax law;
(vi)
any legislative action of a local school board, other than a legislative action that:
(A)
increases a tax or levy or imposes a new tax or levy; or
(B)
otherwise imposes a payment obligation on property; or
(v)
(vii)
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)
(a)
"Local legislative body" means the legislative body of a county, city, or town.
(b)
"Local legislative body" does not include the local school board of a school district.
(23)
"Local obligation law" means a local law passed by the local legislative body 
regarding a bond that was approved by a majority of qualified voters in an election.
(24)
"Local school board" means a board elected under Chapter 14, Part 2, Election of 
Members of Local Boards of Education.
(24)
(25)
(a)
"Local tax law" means a law, passed by a 
political subdivision
county, 
city, or town
 with an annual or biannual calendar fiscal year, that increases a tax or 
imposes a new tax.
(b)
"Local tax law" does not include a local school tax law.
(26)
(a)
"Local school tax law" means a law passed by a local school board that increases 
a tax or levy or imposes a new tax or levy.
(b)
"Local school tax law" includes:
(i)
a board local levy under Section 
53F-8-302
;
(ii)
a capital local levy under Section 
53F-8-303
;
(iii)
a judgment levy imposed by a local school board under Section 
59-2-1330
; or
(iv)
any other tax or levy that is within a local school board's discretion to impose.
(c)
"Local school tax law" does not include a law passed by a local school board that 
increases a tax or levy or imposes a new tax or levy, if the increased tax or levy or 
new tax or levy:
(i)
relates to a voted local levy under Section 
53F-8-301
, or to the issuance of a bond 
that was approved by a majority of the qualified voters within a school district; or
(ii)
is required to be imposed by state law or rule, or is otherwise not within a local 
school board's discretion to impose.
(25)
(27)
"Manual initiative process" means the process for gathering signatures for an 
initiative using paper signature packets that a signer physically signs.
(26)
(28)
"Manual referendum process" means the process for gathering signatures for a 
referendum using paper signature packets that a signer physically signs.
(27)
(29)
(a)
"Measure" means a proposed constitutional amendment, an initiative, or 
referendum.
(b)
"Measure" does not include a ballot proposition for the creation of a new school 
district under Section 
53G-3-301.1
, 
53G-3-301.3
, or 
53G-3-301.4
.
(28)
(30)
"Presiding officers" means the president of the Senate and the speaker of the 
House of Representatives.
(29)
(31)
"Referendum" means a process by which a law passed by the 
Legislature or by a 
local legislative body
Legislature, a local legislative body, or a local school board
 is 
submitted or referred to the voters for their approval or rejection.
(30)
(32)
"Referendum application" means:
(a)
for a statewide referendum, an application described in Subsection 
20A-7-302
(2) that 
includes all the information, statements, documents, and notarized signatures 
required under Subsection 
20A-7-302
(2); or
(b)
for a local referendum, an application described in Subsection 
20A-7-602
(2) that 
includes all the information, statements, documents, and notarized signatures 
required under Subsection 
20A-7-602
(2).
(31)
(33)
"Referendum packet" means a copy of the referendum petition, a copy of the law 
being submitted or referred to the voters for their approval or rejection, and the signature 
sheets, all of which have been bound together as a unit.
(32)
(34)
"Referendum petition" means:
(a)
as it relates to a statewide referendum, using the manual referendum process, the 
form described in Subsection 
20A-7-303
(2)(a), petitioning for submission of a law 
passed by the Legislature to legal voters for their approval or rejection;
(b)
as it relates to a statewide referendum, using the electronic referendum process, the 
form described in Subsection 
20A-7-313
(2), petitioning for submission of a law 
passed by the Legislature to legal voters for their approval or rejection;
(c)
as it relates to a local referendum, using the manual referendum process, the form 
described in Subsection 
20A-7-603
(2)(a), petitioning for submission of a local law 
or 
a local school tax law 
to legal voters for their approval or rejection; or
(d)
as it relates to a local referendum, using the electronic referendum process, the form 
described in Subsection 
20A-7-614
(2), petitioning for submission of a local law 
or a 
local school tax law 
to legal voters for their approval or rejection.
(33)
(35)
"Signature":
(a)
for a statewide initiative:
(i)
as it relates to the electronic initiative process, means an electronic signature 
collected under Section 
20A-7-215
 and Subsection 
20A-21-201
(6)(c); or
(ii)
as it relates to the manual initiative process:
(A)
means a holographic signature collected physically on a signature sheet 
described in Section 
20A-7-203
;
(B)
as it relates to an individual who, due to a qualifying disability under the 
Americans with Disabilities Act, is unable to fill out the signature sheet or to 
sign the voter's name consistently, the initials "AV," indicating that the voter's 
identity will be verified by an alternate verification process described in 
Section 
20A-7-106
; and
(C)
does not include an electronic signature;
(b)
for a statewide referendum:
(i)
as it relates to the electronic referendum process, means an electronic signature 
collected under Section 
20A-7-313
 and Subsection 
20A-21-201
(6)(c); or
(ii)
as it relates to the manual referendum process:
(A)
means a holographic signature collected physically on a signature sheet 
described in Section 
20A-7-303
;
(B)
as it relates to an individual who, due to a qualifying disability under the 
Americans with Disabilities Act, is unable to fill out the signature sheet or to 
sign the voter's name consistently, the initials "AV," indicating that the voter's 
identity will be verified by an alternate verification process described in 
Section 
20A-7-106
; and
(C)
does not include an electronic signature;
(c)
for a local initiative:
(i)
as it relates to the electronic initiative process, means an electronic signature 
collected under Section 
20A-7-514
 and Subsection 
20A-21-201
(6)(c); or
(ii)
as it relates to the manual initiative process:
(A)
means a holographic signature collected physically on a signature sheet 
described in Section 
20A-7-503
;
(B)
as it relates to an individual who, due to a qualifying disability under the 
Americans with Disabilities Act, is unable to fill out the signature sheet or to 
sign the voter's name consistently, the initials "AV," indicating that the voter's 
identity will be verified by an alternate verification process described in 
Section 
20A-7-106
; and
(C)
does not include an electronic signature; or
(d)
for a local referendum:
(i)
as it relates to the electronic referendum process, means an electronic signature 
collected under Section 
20A-7-614
 and Subsection 
20A-21-201
(6)(c); or
(ii)
as it relates to the manual referendum process:
(A)
means a holographic signature collected physically on a signature sheet 
described in Section 
20A-7-603
;
(B)
as it relates to an individual who, due to a qualifying disability under the 
Americans with Disabilities Act, is unable to fill out the signature sheet or to 
sign the voter's name consistently, the initials "AV," indicating that the voter's 
identity will be verified by an alternate verification process described in 
Section 
20A-7-106
; and
(C)
does not include an electronic signature.
(34)
(36)
"Signature sheets" means sheets in the form required by this chapter that are used 
under the manual initiative process or the manual referendum process to collect 
signatures in support of an initiative or referendum.
(35)
(37)
"Special local ballot proposition" means a local ballot proposition that is not a 
standard local ballot proposition.
(36)
(38)
"Sponsors" means the legal voters who support the initiative or referendum and 
who sign the initiative application or referendum application.
(37)
(39)
(a)
"Standard local ballot proposition" means a local ballot proposition for an 
initiative or a referendum.
(b)
"Standard local ballot proposition" does not include a property tax referendum 
described in Section 
20A-7-613
.
(38)
(40)
"Tax percentage difference" means the difference between the tax rate proposed 
by an initiative or an initiative petition and the current tax rate.
(39)
(41)
"Tax percentage increase" means a number calculated by dividing the tax 
percentage difference by the current tax rate and rounding the result to the nearest 
thousandth.
(40)
(42)
"Verified" means acknowledged by the person circulating the petition as required 
in Section 
20A-7-105
.
Section 7, Section 
20A-7-102
 is amended to read:
20A-7-102. Initiatives and referenda authorized -- Restrictions.
By following the procedures and requirements of this chapter, Utah voters may, subject 
to the restrictions of 
Utah Constitution, 
Article VI, 
Sec. 1, Utah Constitution
Section 1,
 and 
this chapter:
(1)
initiate any desired legislation and cause it to be submitted to:
(a)
the Legislature or to a vote of the people for approval or rejection if it is a proposed 
state law; or
(b)
a local legislative body or to a vote of the people if it is a local law;
(2)
require any law passed by the Legislature, except those laws passed by a two-thirds vote 
of the members elected to each house of the Legislature, to be referred to the voters for 
their approval or rejection before the law takes effect; 
and
(3)
require any 
law or ordinance
local law
 passed by a local legislative body to be referred 
to the voters for their approval or rejection before the law takes effect
.
; or
(4)
require any local law or local school tax law passed by a local school board to be 
referred to the voters for their approval or rejection before the local law or local school 
tax law takes effect, unless the local school board is comprised of:
(a)
five members and four members or more voted in favor of the local law or local 
school tax law;
(b)
seven members and five members or more voted in favor of the local law or local 
school tax law; or
(c)
nine members and seven members or more voted in favor of the local law or local 
school tax law.
Section 8, Section 
20A-7-401.3
 is amended to read:
20A-7-401.3. Voter participation areas.
(1)
(a)
Except as provided in Subsection (2):
(i)
a city of the first or second class or a county of the first or second class shall, no 
later than January 1, 2020, again on January 1, 2022, and January 1 each 10 years 
after 2022, divide the city or county into eight contiguous and compact voter 
participation areas of substantially equal population; and
(ii)
a city of the third or fourth class or a county of the third or fourth class shall, no 
later than January 1, 2020, again on January 1, 2022, and January 1 each 10 years 
after 2022, divide the city or county into four contiguous and compact voter 
participation areas of substantially equal population.
(b)
A city or county shall use the voter participation areas described in Subsection (1)(a) 
or (2)(b) for the purpose described in Sections 
20A-7-501
 and 
20A-7-601
.
(2)
(a)
This section does not apply to a county of the fifth or sixth class, a city of the fifth 
class, 
or a town
a town, or a school district
.
(b)
A city or county that has established council districts that are not at-large districts 
may, regardless of the number of council districts that are not at-large districts, use 
the council districts as voter participation areas under this section.
Section 9, 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
county, municipality, or school district
 to 
which the petition relates; and
(B)
the 
county or municipality
county, municipality, or school district
 to which 
the application relates may submit a written argument in favor of, or against, 
the proposed initiative or referendum to the 
county's or municipality's
county's, municipality's, or school district's
 election officer.
(ii)
If a 
county or municipality
county, municipality, or school district
 submits more 
than one written argument under Subsection 
(1)(a)(i)(B)
, the election officer shall 
select one of the written arguments, giving preference to a written argument 
submitted by a member of a local legislative body 
or a local school board, as 
applicable, 
if a majority of the local legislative body 
or the local school board 
supports the written argument.
(b)
Within one business day after the day on which an election officer receives an 
argument under Subsection 
(1)(a)(i)(A)
, the election officer shall provide a copy of 
the argument to the 
county or municipality
county, municipality, or school district
described in Subsection 
(1)(a)(i)(B)
 or 
(1)(a)(ii)
, as applicable.
(c)
Within one business day after the date on which an election officer receives an 
argument under Subsection 
(1)(a)(i)(B)
, the election officer shall provide a copy of 
the argument to the first three sponsors of the proposed initiative or referendum 
described in Subsection 
(1)(a)(i)(A)
.
(d)
The sponsors of the proposed initiative or referendum may submit a revised version 
of the written argument described in Subsection 
(1)(a)(i)(A)
 to the election officer of 
the 
county or municipality
county, municipality, or school district
 to which the 
petition relates within 20 days after the day on which the eligible voter files an 
application to circulate an initiative petition under Section 
20A-7-502
 or an 
application to circulate a referendum petition under Section 
20A-7-602
.
(e)
The author of a written argument described in Subsection 
(1)(a)(i)(B)
 submitted by a 
county or municipality
county, municipality, or school district
 may submit a revised 
version of the written argument to the 
county's or municipality's
county's, 
municipality's, or school district'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 
63A-16-601
, and the home page of the municipality's 
website, if the municipality has a website, until:
(A)
if the sponsors of the proposed initiative or referendum or an agent of the 
sponsors do not timely deliver any verified initiative packets or any verified 
referendum packets under Section 
20A-7-105
, the day after the date of the 
deadline for delivery of the verified initiative packets or verified referendum 
packets;
(B)
the local clerk determines, under Section 
20A-7-507
 or 
20A-7-607
, that the 
number of signatures necessary to qualify the proposed initiative or referendum 
for placement on the ballot is insufficient and the determination is not timely 
appealed or is upheld after appeal; or
(C)
the day after the date of the election at which the proposed initiative or 
referendum appears on the ballot; and
(b)
if the municipality regularly mails a newsletter, utility bill, or other material to the 
municipality's residents, including an Internet 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 
63A-16-601
, and the home page of the county's website, until:
(i)
if the sponsors of the proposed initiative or referendum or an agent of the sponsors 
do not timely deliver any verified initiative packets or any verified referendum 
packets under Section 
20A-7-105
, the day after the date of the deadline for 
delivery of the verified initiative packets or verified referendum packets;
(ii)
the local clerk determines, under Section 
20A-7-507
 or 
20A-7-607
, that the 
number of signatures necessary to qualify the proposed initiative or referendum 
for placement on the ballot is insufficient and the determination is not timely 
appealed or is upheld after appeal; or
(iii)
the day after the date of the election at which the proposed initiative or 
referendum appears on the ballot.
(7)
An election officer for a school district shall, within the later of 10 days after the day on 
which the school district or a court determines that the proposed referendum is legally 
referable to voters, or, if the election officer modifies an argument under Subsection 
(2)(c), three 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 school district for whom the school district has an email address, unless the 
individual has indicated that the school district is prohibited from using the 
individual's email address for that purpose;
(b)
by posting the proposition information pamphlet on the Utah Public Notice Website, 
created in Section 
63A-16-601
, and the home page of the school district's website, if 
the school district has a website, until:
(i)
if the sponsors of the proposed referendum or an agent of the sponsors do not 
timely deliver any verified referendum packets under Section 
20A-7-105
, the day 
after the date of the deadline for delivery of the verified referendum packets;
(ii)
the local clerk determines, under Section 
20A-7-607
, that the number of 
signatures necessary to qualify the proposed referendum for placement on the 
ballot is insufficient and the determination is not timely appealed or is upheld after 
appeal; or
(iii)
the day after the date of the election at which the proposed referendum appears 
on the ballot; and
(c)
if the school district regularly mails a newsletter or other material to the school 
district's residents, including an Internet address, where a resident may view the 
proposition information pamphlet, in the next mailing, for which the school district 
has not begun preparation, that falls on or after the later of:
(i)
10 days after the day on which the school district or a court determines that the 
proposed referendum is legally referable to voters; or
(ii)
if the election officer modifies an argument under Subsection (2)(c), three days 
after the day on which the election officer and the person that submitted the 
argument agree on the modification.
Section 10, Section 
20A-7-402
 is amended to read:
20A-7-402. Local voter information pamphlet -- Notice -- Contents -- 
Limitations -- Preparation -- Statement on front cover.
(1)
(a)
The 
county or municipality
county, municipality, or school district
 that is subject 
to a ballot proposition shall prepare a local voter information pamphlet that complies 
with the requirements of this part.
(b)
Each county or municipality that contains all or part of a proposed new school 
district or a reorganized new school district that will appear on a regular general 
election ballot under Section 
53G-3-301.1
, 
53G-3-301.3
, or 
53G-3-301.4
 shall 
prepare a local voter information pamphlet that complies with the requirements of 
this part.
(2)
(a)
Within the time requirements described in Subsection (2)(c)(i), a municipality 
described in Subsection (1) shall provide a notice that complies with the requirements 
of Subsection (2)(c)(ii) to the municipality's residents by publishing the notice for the 
municipality, as a class A notice under Section 
63G-30-102
, for the time period set 
under Subsection (2)(c)(i)
A county, municipality, or school district described in 
Subsection (1) shall provide a notice that complies with the requirements of 
Subsection (2)(b)(ii) to the county's, municipality's, or school district's residents by 
publishing the notice for the county, municipality, or school district, as a class A 
notice under Section 
63G-30-102
, for the time period set under Subsection (2)(b)(i)
.
(b)
A county described in Subsection (1) shall publish a notice that complies with the 
requirements of Subsection (2)(c)(ii) for the county, as a class A notice under Section 
63G-30-102
.
(c)
(b)
A municipality or county that publishes a notice under Subsection (2)(a) or (b)
A county, municipality, or school district that publishes a notice under Subsection 
(2)(a)
 shall:
(i)
publish the notice:
(A)
not less than 90 days before the date of the election at which a special local 
ballot proposition will be voted upon; or
(B)
if the requirements of Subsection 
(2)(c)(i)(A)
(2)(b)(i)(A)
 cannot be met, as 
soon as practicable after the special local ballot proposition is approved to be 
voted upon in an election; and
(ii)
ensure that the notice contains:
(A)
the ballot title for the special local ballot proposition;
(B)
instructions on how to file a request under Subsection 
(2)(d)
(2)(c)
; and
(C)
the deadline described in Subsection 
(2)(d)
(2)(c)
.
(d)
(c)
Except as provided in Subsection (13), to prepare a written argument for or 
against a special local ballot proposition, an eligible voter shall file a request with the 
election officer before 5 p.m. no later than 64 days before the day of the election at 
which the special local ballot proposition is to be voted on.
(e)
(d)
If more than one eligible voter requests the opportunity to prepare a written 
argument for or against a special local ballot proposition, the election officer shall 
make the final designation in accordance with the following order of priority:
(i)
sponsors have priority in preparing an argument regarding a special local ballot 
proposition; and
(ii)
members of the local legislative body 
or the local school board 
have priority over 
others if a majority of the local legislative body 
or the local school board 
supports 
the written argument.
(f)
(e)
Except as provided in Subsection (13), the election officer shall grant a request 
described in Subsection 
(2)(d) or (e)
(2)(c) or (d)
 no later than 60 days before the 
day of the election at which the ballot proposition is to be voted on.
(g)
(f)
(i)
A sponsor of a special local ballot proposition may prepare a written 
argument in favor of the special local ballot proposition.
(ii)
Subject to Subsection 
(2)(e)
(2)(d)
, an eligible voter opposed to the special local 
ballot proposition who submits a request under Subsection 
(2)(d)
(2)(c)
 may 
prepare a written argument against the special local ballot proposition.
(h)
(g)
An eligible voter who submits a written argument under this section in relation 
to a special local ballot proposition shall:
(i)
ensure that the written argument does not exceed 500 words in length, not 
counting the information described in Subsection 
(2)(h)(ii)
(2)(g)(ii)
 or (iv);
(ii)
list, at the end of the argument, at least one, but no more than five, names as 
sponsors;
(iii)
except as provided in Subsection (13), submit the written argument to the 
election officer before 5 p.m. no later than 55 days before the election day on 
which the ballot proposition will be submitted to the voters;
(iv)
list in the argument, immediately after the eligible voter's name, the eligible 
voter's residential address; and
(v)
submit with the written argument the eligible voter's name, residential address, 
postal address, email address if available, and phone number.
(i)
(h)
An election officer shall refuse to accept and publish an argument submitted 
after the deadline described in Subsection 
(2)(h)(iii)
(2)(g)(iii)
.
(3)
(a)
An election officer who timely receives the written arguments in favor of and 
against a special local ballot proposition shall, within one business day after the day 
on which the election office receives both written arguments, send, via mail or email:
(i)
a copy of the written argument in favor of the special local ballot proposition to 
the eligible voter who submitted the written argument against the special local 
ballot proposition; and
(ii)
a copy of the written argument against the special local ballot proposition to the 
eligible voter who submitted the written argument in favor of the special local 
ballot proposition.
(b)
The eligible voter who submitted a timely written argument in favor of the special 
local ballot proposition:
(i)
may submit to the election officer a written rebuttal argument of the written 
argument against the special local ballot proposition;
(ii)
shall ensure that the written rebuttal argument does not exceed 250 words in 
length, not counting the information described in Subsection 
(2)(h)(ii)
(2)(g)(ii)
or (iv); and
(iii)
except as provided in Subsection (13), shall submit the written rebuttal argument 
before 5 p.m. no later than 45 days before the election day on which the special 
local ballot proposition will be submitted to the voters.
(c)
The eligible voter who submitted a timely written argument against the special local 
ballot proposition:
(i)
may submit to the election officer a written rebuttal argument of the written 
argument in favor of the special local ballot proposition;
(ii)
shall ensure that the written rebuttal argument does not exceed 250 words in 
length, not counting the information described in Subsection 
(2)(h)(ii)
(2)(g)(ii)
or (iv); and
(iii)
except as provided in Subsection (13), shall submit the written rebuttal argument 
before 5 p.m. no later than 45 days before the election day on which the special 
local ballot proposition will be submitted to the voters.
(d)
An election officer shall refuse to accept and publish a written rebuttal argument in 
relation to a special local ballot proposition that is submitted after the deadline 
described in Subsection (3)(b)(iii) or (3)(c)(iii).
(4)
(a)
Except as provided in Subsection (4)(b), in relation to a special local ballot 
proposition:
(i)
an eligible voter may not modify a written argument or a written rebuttal argument 
after the eligible voter submits the written argument or written rebuttal argument 
to the election officer; and
(ii)
a person other than the eligible voter described in Subsection (4)(a)(i) may not 
modify a written argument or a written rebuttal argument.
(b)
The election officer, and the eligible voter who submits a written argument or written 
rebuttal argument in relation to a special local ballot proposition, may jointly agree to 
modify a written argument or written rebuttal argument in order to:
(i)
correct factual, grammatical, or spelling errors; and
(ii)
reduce the number of words to come into compliance with the requirements of 
this section.
(c)
An election officer shall refuse to accept and publish a written argument or written 
rebuttal argument in relation to a special local ballot proposition if the eligible voter 
who submits the written argument or written rebuttal argument fails to negotiate, in 
good faith, to modify the written argument or written rebuttal argument in accordance 
with Subsection (4)(b).
(5)
In relation to a special local ballot proposition, an election officer may designate another 
eligible voter to take the place of an eligible voter described in this section if the original 
eligible voter is, due to injury, illness, death, or another circumstance, unable to continue 
to fulfill the duties of an eligible voter described in this section.
(6)
Sponsors whose written argument in favor of a standard local ballot proposition is 
included in a proposition information pamphlet under Section 
20A-7-401.5
:
(a)
may, if a written argument against the standard local ballot proposition is included in 
the proposition information pamphlet, submit a written rebuttal argument to the 
election officer;
(b)
shall ensure that the written rebuttal argument does not exceed 250 words in length; 
and
(c)
shall submit the written rebuttal argument no later than 45 days before the election 
day on which the standard local ballot proposition will be submitted to the voters.
(7)
(a)
A 
county or municipality
county, municipality, or school district
 that submitted a 
written argument against a standard local ballot proposition that is included in a 
proposition information pamphlet under Section 
20A-7-401.5
:
(i)
may, if a written argument in favor of the standard local ballot proposition is 
included in the proposition information pamphlet, submit a written rebuttal 
argument to the election officer;
(ii)
shall ensure that the written rebuttal argument does not exceed 250 words in 
length; and
(iii)
shall submit the written rebuttal argument no later than 45 days before the 
election day on which the ballot proposition will be submitted to the voters.
(b)
If a 
county or municipality
county, municipality, or school district
 submits more 
than one written rebuttal argument under Subsection (7)(a)(i), the election officer 
shall select one of the written rebuttal arguments, giving preference to a written 
rebuttal argument submitted by a member of a local legislative body
 or a local school 
board
.
(8)
(a)
An election officer shall refuse to accept and publish a written rebuttal argument 
that is submitted after the deadline described in Subsection (6)(c) or (7)(a)(iii).
(b)
Before an election officer publishes a local voter information pamphlet under this 
section, a written rebuttal argument is a draft for purposes of Title 63G, Chapter 2, 
Government Records Access and Management Act.
(c)
An election officer who receives a written rebuttal argument described in this section 
may not, before publishing the local voter information pamphlet described in this 
section, disclose the written rebuttal argument, or any information contained in the 
written rebuttal argument, to any person who may in any way be involved in 
preparing an opposing rebuttal argument.
(9)
(a)
Except as provided in Subsection (9)(b), a person may not modify a written 
rebuttal argument after the written rebuttal argument is submitted to the election 
officer.
(b)
The election officer, and the person who submits a written rebuttal argument, may 
jointly agree to modify a written rebuttal argument in order to:
(i)
correct factual, grammatical, or spelling errors; or
(ii)
reduce the number of words to come into compliance with the requirements of 
this section.
(c)
An election officer shall refuse to accept and publish a written rebuttal argument if 
the person who submits the written rebuttal argument:
(i)
fails to negotiate, in good faith, to modify the written rebuttal argument in 
accordance with Subsection (9)(b); or
(ii)
does not timely submit the written rebuttal argument to the election officer.
(d)
An election officer shall make a good faith effort to negotiate a modification 
described in Subsection (9)(b) in an expedited manner.
(10)
An election officer may designate another person to take the place of a person who 
submits a written rebuttal argument in relation to a standard local ballot proposition if 
the person is, due to injury, illness, death, or another circumstance, unable to continue to 
fulfill the person's duties.
(11)
(a)
The local voter information pamphlet shall include a copy of the initial fiscal 
impact estimate and the legal impact statement prepared for each initiative under 
Section 
20A-7-502.5
.
(b)
If the initiative proposes a tax increase, the local voter information pamphlet shall include 
the following statement in bold type:
"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax 
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent 
increase in the current tax rate."
(12)
(a)
In preparing the local voter information pamphlet, the election officer shall:
(i)
ensure that the written arguments are printed on the same sheet of paper upon 
which the ballot proposition is also printed;
(ii)
ensure that the following statement is printed on the front cover or the heading of the first 
page of the printed written arguments:
"The arguments for or against a ballot proposition are the opinions of the authors.";
(iii)
pay for the printing and binding of the local voter information pamphlet; and
(iv)
not less than 15 days before, but not more than 45 days before, the election at 
which the ballot proposition will be voted on, distribute, by mail or carrier, to each 
registered voter entitled to vote on the ballot proposition:
(A)
a voter information pamphlet; or
(B)
the notice described in Subsection (12)(c).
(b)
(i)
If the language of the ballot proposition exceeds 500 words in length, the 
election officer may summarize the ballot proposition in 500 words or less.
(ii)
The summary shall state where a complete copy of the ballot proposition is 
available for public review.
(c)
(i)
The election officer may distribute a notice printed on a postage prepaid, 
preaddressed return form that a person may use to request delivery of a voter 
information pamphlet by mail.
(ii)
The notice described in Subsection (12)(c)(i) shall include:
(A)
the address of the Statewide Electronic Voter Information Website authorized 
by Section 
20A-7-801
; and
(B)
the phone number a voter may call to request delivery of a voter information 
pamphlet by mail or carrier.
(13)
For 2024 only, in relation to an election that will appear on the regular general election 
ballot to create a new school district under Section 
53G-3-301.1
, 
53G-3-301.3
, or 
53G-3-301.4
, if the notice described in Subsection (2)(b) is published less than 72 days 
before the day of the election:
(a)
the deadline to file a request described in Subsection 
(2)(d)
(2)(c)
 is before 5 p.m. 
no later than five business days after the notice is published;
(b)
the deadline to grant a request under Subsection 
(2)(f)
(2)(e)
 is no later than seven 
business days after the notice is published;
(c)
the deadline to submit the written argument to the election officer under Subsection 
(2)(h)(iii)
(2)(g)(iii)
 is before 5 p.m. no later than 12 business days after the notice is 
published; and
(d)
the deadline to submit the written rebuttal argument under Subsection (3)(b)(iii) or 
(c)(iii) is no later than 17 business days after the notice is published.
Section 11, Section 
20A-7-405
 is amended to read:
20A-7-405. Public meeting.
(1)
A 
county or municipality
county, municipality, or school district
 may not discuss a 
proposed initiative, an initiative, a proposed referendum, or a referendum at a public 
meeting unless the 
county or municipality
county, municipality, or school district
complies with the requirements of this section.
(2)
The legislative body of a 
county or municipality
county, municipality, or school district
may hold a public meeting to discuss a proposed initiative, an initiative, a proposed 
referendum, or a referendum if the legislative body:
(a)
allows equal time, within a reasonable limit, for presentations on both sides of the 
proposed initiative, initiative, proposed referendum, or referendum;
(b)
provides interested parties an opportunity to present oral testimony within reasonable 
time limits; and
(c)
holds the public meeting:
(i)
during the legislative body's normal meeting time; or
(ii)
for a meeting time other than the legislative body's normal meeting time, 
beginning at or after 6 p.m.
(3)
This section does not prohibit a working group meeting from being held before 6 p.m.
Section 12, Section 
20A-7-601
 is amended to read:
20A-7-601. Referenda -- General signature requirements -- Signature 
requirements for land use laws, subjurisdictional laws, and transit area land use laws -- 
Time requirements.
(1)
As used in this section:
(a)
"Number of active voters" means the number of active voters in the county, city, 
or 
town
town, or school district
 on the immediately preceding January 1.
(b)
"Qualifying county" means a county that has created a small public transit district, as 
defined in Section 
17B-2a-802
, on or before January 1, 2022.
(c)
"Qualifying transit area" means:
(i)
a station area, as defined in Section 
10-9a-403.1
, for which the municipality with 
jurisdiction over the station area has satisfied the requirements of Subsection 
10-9a-403.1
(2)(a)(i), as demonstrated by the adoption of a station area plan or 
resolution under Subsection 
10-9a-403.1
(2); or
(ii)
a housing and transit reinvestment zone, as defined in Section 
63N-3-602
, created 
within a qualifying county.
(d)
"Subjurisdiction" means an area comprised of all precincts and subprecincts in the 
jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
(e)
(i)
"Subjurisdictional law" means a local law or local obligation law passed by a 
local legislative body that imposes a tax or other payment obligation on property 
in an area that does not include all precincts and subprecincts under the 
jurisdiction of the county, city, or town.
(ii)
"Subjurisdictional law" does not include a land use law.
(f)
"Transit area land use law" means a land use law that relates to the use of land within 
a qualifying transit area.
(g)
"Voter participation area" means an area described in Subsection 
20A-7-401.3
(1)(a) 
or (2)(b).
(2)
Except as provided in Subsections (3) through (5), an eligible voter seeking to have a 
local law passed by the local legislative body submitted to a vote of the people shall, 
after filing a referendum application, obtain legal signatures equal to:
(a)
for a county of the first class:
(i)
7.75% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 
7.75% of the number of active voters in at least 
75% of the county's voter participation areas;
(b)
for a city of the first class:
(i)
7.5% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 
7.5% of the number of active voters in at least 
75% of the city's voter participation areas;
(c)
for a county of the second class:
(i)
8% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 
8% of the number of active voters in at least 75% 
of the county's voter participation areas;
(d)
for a city of the second class:
(i)
8.25% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 
8.25% of the number of active voters in at least 
75% of the city's voter participation areas;
(e)
for a county of the third class:
(i)
9.5% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 
9.5% of the number of active voters in at least 
75% of the county's voter participation areas;
(f)
for a city of the third class:
(i)
10% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 
10% of the number of active voters in at least 
75% of the city's voter participation areas;
(g)
for a county of the fourth class:
(i)
11.5% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 
11.5% of the number of active voters in at least 
75% of the county's voter participation areas;
(h)
for a city of the fourth class:
(i)
11.5% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 
11.5% of the number of active voters in at least 
75% of the city's voter participation areas;
(i)
for a city of the fifth class or a county of the fifth class, 25% of the number of active 
voters in the city or county; or
(j)
for a town or a county of the sixth class, 35% of the number of active voters in the 
town or county.
(3)
Except as provided in Subsection (4) or (5), an eligible voter seeking to have a land use 
law or local obligation law passed by the local legislative body submitted to a vote of the 
people shall, after filing a referendum application, obtain legal signatures equal to:
(a)
for a county of the first, second, third, or fourth class:
(i)
16% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 
16% of the number of active voters in at least 
75% of the county's voter participation areas;
(b)
for a county of the fifth or sixth class:
(i)
16% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 
16% of the number of active voters in at least 
75% of the county's voter participation areas;
(c)
for a city of the first class:
(i)
15% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 
15% of the number of active voters in at least 
75% of the city's voter participation areas;
(d)
for or a city of the second class:
(i)
16% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 
16% of the number of active voters in at least 
75% of the city's voter participation areas;
(e)
for a city of the third class:
(i)
27.5% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 
27.5% of the number of active voters in at least 
75% of the city's voter participation areas;
(f)
for a city of the fourth class:
(i)
29% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 
29% of the number of active voters in at least 
75% of the city's voter participation areas;
(g)
for a city of the fifth class, 35% of the number of active voters in the city; or
(h)
for a town, 40% of the number of active voters in the town.
(4)
A person seeking to have a subjurisdictional law passed by the local legislative body 
submitted to a vote of the people shall, after filing a referendum application, obtain legal 
signatures of the residents in the subjurisdiction equal to:
(a)
10% of the number of active voters in the subjurisdiction if the number of active 
voters exceeds 25,000;
(b)
12-1/2
12.5
% of the number of active voters in the subjurisdiction if the number of 
active voters does not exceed 25,000 but is more than 10,000;
(c)
15% of the number of active voters in the subjurisdiction if the number of active 
voters does not exceed 10,000 but is more than 2,500;
(d)
20% of the number of active voters in the subjurisdiction if the number of active 
voters does not exceed 2,500 but is more than 500;
(e)
25% of the number of active voters in the subjurisdiction if the number of active 
voters does not exceed 500 but is more than 250; 
and
or
(f)
30% of the number of active voters in the subjurisdiction if the number of active 
voters does not exceed 250.
(5)
An eligible voter seeking to have a transit area land use law passed by the local 
legislative body submitted to a vote of the people shall, after filing a referendum 
application, obtain legal signatures equal to:
(a)
for a county:
(i)
20% of the number of active voters in the county; and
(ii)
21% of the number of active voters in at least 75% of the county's voter 
participation areas;
(b)
for a city of the first class:
(i)
20% of the number of active voters in the city; and
(ii)
20% of the number of active voters in at least 75% of the city's voter participation 
areas;
(c)
for a city of the second class:
(i)
20% of the number of active voters in the city; and
(ii)
21% of the number of active voters in at least 75% of the city's voter participation 
areas;
(d)
for a city of the third class:
(i)
34% of the number of active voters in the city; and
(ii)
34% of the number of active voters in at least 75% of the city's voter participation 
areas;
(e)
for a city of the fourth class:
(i)
36% of the number of active voters in the city; and
(ii)
36% of the number of active voters in at least 75% of the city's voter participation 
areas; or
(f)
for a city of the fifth class or a town, 40% of the number of active voters in the city or 
town.
(6)
An eligible voter seeking to have a local law or local school tax law passed by the local 
school board of a school district submitted to a vote of the people shall, after filing a 
referendum application, obtain legal signatures equal to:
(a)
10% of the number of active voters in the school district if the number of active 
voters exceeds 25,000;
(b)
12.5% of the number of active voters in the school district if the number of active 
voters does not exceed 25,000 but is more than 10,000;
(c)
15% of the number of active voters in the school district if the number of active 
voters does not exceed 10,000 but is more than 2,500;
(d)
20% of the number of active voters in the school district if the number of active 
voters does not exceed 2,500 but is more than 500;
(e)
25% of the number of active voters in the school district if the number of active 
voters does not exceed 500 but is more than 250; or
(f)
30% of the number of active voters in the school district if the number of active 
voters does not exceed 250.
(6)
(7)
Sponsors of any referendum petition challenging, under Subsection (2), (3), (4), 
or 
(5)
(5), or (6)
, any local law 
or local school tax law 
passed by a local legislative body 
or 
a local school board, as applicable, 
shall file the application before 5 p.m. within five 
days after the day on which the local law 
or local school tax law 
was passed.
(7)
(8)
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 13, Section 
20A-7-602.5
 is amended to read:
20A-7-602.5. Initial fiscal and legal impact statement -- Preparation of statement.
(1)
Within three business days after the day on which the local clerk receives a referendum 
application, the local clerk shall submit a copy of the referendum application to the 
county, city, or town's
county's, city's, town's, or school district's
 budget officer.
(2)
(a)
The budget officer, together with legal counsel, shall prepare an unbiased, good 
faith initial fiscal and legal impact statement for repealing the law the referendum 
proposes to repeal that contains:
(i)
a dollar amount representing the total estimated fiscal impact of repealing the law;
(ii)
if repealing the law would increase or decrease taxes, a dollar amount 
representing the total estimated increase or decrease for each type of tax that 
would be impacted by the law's repeal and a dollar amount representing the total 
estimated increase or decrease in taxes that would result from the law's repeal;
(iii)
if repealing the law would result in the issuance or a change in the status of 
bonds, notes, or other debt instruments, a dollar amount representing the total 
estimated increase or decrease in public debt that would result;
(iv)
a listing of all sources of funding for the estimated costs that would be associated 
with the law's repeal, showing each source of funding and the percentage of total 
funding that would be provided from each source;
(v)
a dollar amount representing the estimated costs or savings, if any, to state and 
local government entities if the law were repealed;
(vi)
the legal impacts that would result from repealing the law, including:
(A)
any significant effects on a person's vested property rights;
(B)
any significant effects on other laws or ordinances;
(C)
any significant legal liability the city, county, or town may incur; and
(D)
any other significant legal impact as determined by the budget officer and the 
legal counsel; and
(vii)
a concise explanation, not exceeding 100 words, of the information described in 
this Subsection (2)(a) and of the estimated fiscal impact, if any, if the law were 
repealed.
(b)
(i)
If repealing the law would have no fiscal impact, the local budget officer shall include a 
summary statement in the initial fiscal impact and legal statement in substantially the 
following form:
"The (title of the local budget officer) estimates that repealing the law this referendum 
proposes to repeal would have no significant fiscal impact and would not result in either an 
increase or decrease in taxes or debt."
(ii)
If repealing the law is estimated to have a fiscal impact, the local budget officer 
shall include a summary statement in the initial fiscal and legal impact statement 
describing the fiscal impact.
(iii)
If the estimated fiscal impact of repealing the law is highly variable or is 
otherwise difficult to reasonably express in a summary statement, the local budget 
officer may include in the summary statement a brief explanation that identifies 
those factors impacting the variability or difficulty of the estimate.
(3)
Within 20 calendar days after the day on which the local clerk submits a copy of the 
application under Subsection (1), the budget officer shall:
(a)
send a copy of the initial fiscal impact and legal statement to the local clerk's office; 
and
(b)
send a copy of the initial fiscal impact and legal statement to the first three sponsors 
named in the referendum application.
Section 14, Section 
20A-7-602.7
 is amended to read:
20A-7-602.7. Referability to voters of a local school tax law or a local law other 
than a land use law.
(1)
Within 20 days after the day on which an eligible voter files a referendum application 
under Section 
20A-7-602
 for a 
local school tax law, or a 
local law other than a land use 
law, counsel for the 
county, city, or town
county, city, town, or school district
 to which 
the referendum pertains shall:
(a)
review the referendum application to determine whether the proposed referendum is 
legally referable to voters; and
(b)
notify the first three sponsors, in writing, whether the proposed referendum is:
(i)
legally referable to voters; or
(ii)
rejected as not legally referable to voters.
(2)
For a 
local school tax law, or a 
local law other than a land use law, a proposed 
referendum is legally referable to voters unless:
(a)
the proposed referendum challenges an action that is administrative, rather than 
legislative, in nature;
(b)
the proposed referendum challenges more than one law passed by the local 
legislative body
 or the local school board
; or
(c)
the referendum application was not timely filed or does not comply with the 
requirements of this part.
(3)
After the end of the 20-day period described in Subsection (1), a 
county, city, or town 
may not, for a local law other than a land use law
county, city, town, or school district 
may not, for a local school tax law, or a local law other than a land use law
:
(a)
reject a proposed referendum as not legally referable to voters; or
(b)
except as provided in Subsection (4), challenge, in a legal action or otherwise, a 
proposed referendum on the grounds that the proposed referendum is not legally 
referable to voters.
(4)
(a)
If, under Subsection (1)(b)(ii), a 
county, city, or town
county, city, town, or 
school district
 rejects a proposed referendum concerning a 
local school tax law, or a 
local law other than a land use law, a sponsor of the proposed referendum may, 
within 10 days after the day on which a sponsor is notified under Subsection (1)(b), 
challenge or appeal the decision to:
(i)
the Supreme Court, by means of an extraordinary writ, if possible; or
(ii)
a district court, if the sponsor is prohibited from pursuing an extraordinary writ 
under Subsection (4)(a)(i).
(b)
Failure of a sponsor to timely challenge or appeal a rejection under Subsection (4)(a) 
terminates the referendum.
(5)
If, on a challenge or appeal, the court determines that the proposed referendum 
described in Subsection (4) is legally referable to voters, the local clerk shall comply 
with Subsection 
20A-7-604
(3), or give the sponsors access to the website defined in 
Section 
20A-21-101
, within five days after the day on which the determination, and any 
challenge or appeal of the determination, is final.
Section 15, Section 
20A-7-603
 is amended to read:
20A-7-603. Manual referendum process -- Form of referendum petition and 
signature sheet.
(1)
This section applies only to the manual referendum process.
(2)
(a)
Each proposed referendum petition shall be printed in substantially the following form:
"REFERENDUM PETITION To the Honorable ____, County Clerk/City 
Recorder/Town Clerk
/Business Administrator/Superintendent
:
We, the undersigned citizens of Utah, respectfully order that (description of 
the 
local 
law 
or local school tax law, 
or portion of 
the 
local law 
or local school tax law 
being 
challenged), passed by the ____ be referred to the voters for their approval or rejection at the 
regular/municipal general election to be held on __________(month\day\year);
Each signer says:
I have personally signed this referendum petition or, if I am an individual with a 
qualifying disability, I have signed this referendum petition by directing the signature gatherer 
to enter the initials "AV" as my signature;
The date next to my signature correctly reflects the date that I actually signed the 
petition;
I have personally read the entire statement included with this packet;
I am registered to vote in Utah; and
My residence and post office address are written correctly after my name."
(b)
The sponsors of a referendum or an agent of the sponsors shall attach a copy of the 
law that is the subject of the referendum to each referendum petition.
(3)
Each referendum signature sheet shall:
(a)
be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
(b)
be ruled with a horizontal line three-fourths inch from the top, with the space above 
that line blank for the purpose of binding;
(c)
include the title of the referendum printed below the horizontal line, in at least 
14-point type;
(d)
include a table immediately below the title of the referendum, and beginning .5 inch 
from the left side of the paper, as follows:
(i)
the first column shall be .5 inch wide and include three rows;
(ii)
the first row of the first column shall be .85 inch tall and contain the words "For 
Office Use Only" in 10-point type;
(iii)
the second row of the first column shall be .35 inch tall;
(iv)
the third row of the first column shall be .5 inch tall;
(v)
the second column shall be 2.75 inches wide;
(vi)
the first row of the second column shall be .35 inch tall and contain the words 
"Registered Voter's Printed Name (must be legible to be counted)" in 10-point 
type;
(vii)
the second row of the second column shall be .5 inch tall;
(viii)
the third row of the second column shall be .35 inch tall and contain the words 
"Street Address, City, Zip Code" in 10-point type;
(ix)
the fourth row of the second column shall be .5 inch tall;
(x)
the third column shall be 2.75 inches wide;
(xi)
the first row of the third column shall be .35 inch tall and contain the words 
"Signature of Registered Voter" in 10-point type;
(xii)
the second row of the third column shall be .5 inch tall;
(xiii)
the third row of the third column shall be .35 inch tall and contain the words 
"Email Address (optional, to receive additional information)" in 10-point type;
(xiv)
the fourth row of the third column shall be .5 inch tall;
(xv)
the fourth column shall be one inch wide;
(xvi)
the first row of the fourth column shall be .35 inch tall and contain the words 
"Date Signed" in 10-point type;
(xvii)
the second row of the fourth column shall be .5 inch tall;
(xviii)
the third row of the fourth column shall be .35 inch tall and contain the words 
"Birth Date or Age (optional)" in 10-point type;
(xix)
the fourth row of the third column shall be .5 inch tall; and
(xx)
the fifth row of the entire table shall be the width of the entire table, .4 inch tall, 
and contain the following words, "By signing this referendum petition, you are 
stating that you have read and understand the law that this referendum petition 
seeks to overturn." in 12-point type;
(e)
the table described in Subsection (3)(d) shall be repeated, leaving sufficient room at 
the bottom of the sheet or the information described in Subsection (3)(f); and
(f)
at the bottom of the sheet, include the word "Warning," in 12-point, bold type, followed by 
the following statement in not less than eight-point type:
"It is a class A misdemeanor for an individual to sign a referendum petition with a name 
other than the individual's own name, or to knowingly sign the individual's name more than 
once for the same referendum petition, or to sign a referendum petition when the individual 
knows that the individual is not a registered voter.
Birth date or age information is not required, but it may be used to verify your identity 
with voter registration records. If you choose not to provide it, your signature may not be 
verified as a valid signature if you change your address before petition signatures are verified 
or if the information you provide does not match your voter registration records."
(4)
The final page of each referendum packet shall contain the following printed or typed 
statement:
"Verification of signature collector
State of Utah, County of ____
I, _______________, of ____, hereby state, under penalty of perjury, that:
I am at least 18 years old;
All the names that appear in this packet were signed by individuals who professed to be 
the individuals whose names appear in it, and each of the individuals signed the individual's 
name on it in my presence or, in the case of an individual with a qualifying disability, I have 
signed this referendum petition on the individual's behalf, at the direction of the individual and 
in the individual's presence, by entering the initials "AV" as the individual's signature;
 I certify that, for each individual whose signature is represented in this referendum 
packet by the initials "AV":
 I obtained the individual's voluntary direction or consent to sign the referendum 
petition on the individual's behalf;
 I do not believe, or have reason to believe, that the individual lacked the mental 
capacity to give direction or consent;
 I do not believe, or have reason to believe, that the individual did not 
understand the purpose or nature of my signing the referendum petition on the individual's 
behalf;
 I did not intentionally or knowingly deceive the individual into directing me to, 
or consenting for me to, sign the referendum petition on the individual's behalf; and
 I did not intentionally or knowingly enter false information on the signature 
sheet;
I did not knowingly make a misrepresentation of fact concerning the law this petition 
seeks to overturn; and
I believe that each individual's name, post office address, and residence is written 
correctly, that each signer has read the law that the referendum seeks to overturn, and that each 
signer is registered to vote in Utah.
________________________________________________________________________
(Name) 
(Residence Address)
 (Date)
The correct date of signature appears next to each individual's name.
I have not paid or given anything of value to any individual who signed this referendum 
packet to encourage that individual to sign it.
_____________________________________________________________________
(Name) 
(Residence Address)
 (Date)".
(5)
If the forms described in this section are substantially followed, the referendum 
petitions are sufficient, notwithstanding clerical and merely technical errors.
Section 16, Section 
20A-7-604
 is amended to read:
20A-7-604. Manual referendum process -- Circulation requirements -- Local 
clerk to provide sponsors with materials.
(1)
This section applies only to the manual referendum process.
(2)
In order to obtain the necessary number of signatures required by this part, the sponsors 
or an agent of the sponsors shall, after the sponsors receive the documents described in 
Subsections (3) and 
20A-7-401.5
(4)(b), circulate referendum packets that meet the form 
requirements of this part.
(3)
Within five days after the day on which a county, city, town, 
school district, 
or court 
determines, in accordance with Section 
20A-7-602.7
, that a proposed referendum is 
legally referable to voters, the local clerk shall provide the sponsors with:
(a)
a copy of the referendum petition;
(b)
a signature sheet; and
(c)
a copy of the proposition information pamphlet provided to the sponsors under 
Subsection 
20A-7-401.5
(4)(b).
(4)
The sponsors of the referendum petition shall:
(a)
arrange and pay for the printing of all documents that are part of the referendum 
packets; and
(b)
ensure that the referendum packets and the documents described in Subsection (4)(a) 
meet the form requirements of this section.
(5)
(a)
The sponsors or an agent of the sponsors may prepare the referendum packets for 
circulation by creating multiple referendum packets.
(b)
The sponsors or an agent of the sponsors shall create referendum packets by binding 
a copy of the referendum petition with the text of the law that is the subject of the 
referendum and no more than 50 signature sheets together at the top in a manner that 
the referendum packets may be conveniently opened for signing.
(c)
A referendum packet is not required to have a uniform number of signature sheets.
(d)
The sponsors or an agent of the sponsors shall include, with each packet, a copy of 
the proposition information pamphlet provided to the sponsors under Subsection 
20A-7-401.5
(4)(b).
(6)
(a)
The sponsors or an agent of the sponsors shall, before gathering signatures:
(i)
contact the county clerk to receive a range of numbers that the sponsors may use 
to number referendum packets;
(ii)
sign an agreement with the local clerk, specifying the range of numbers that the 
sponsor will use to number the referendum packets; and
(iii)
number each referendum packet, sequentially, within the range of numbers 
provided by the county clerk, starting with the lowest number in the range.
(b)
The sponsors or an agent of the sponsors may not:
(i)
number a referendum packet in a manner not directed by the county clerk; or
(ii)
circulate or submit a referendum packet that is not numbered in the manner 
directed by the county clerk.
Section 17, 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 law that is conducted entirely by mail
if the referendum 
petition relates to a local tax law or local school tax law that is conducted entirely 
by mail
, certifying, printing, or mailing the ballot title and numbers of that 
referendum under Section 
20A-7-609.5
.
(6)
A referendum petition determined to be sufficient in accordance with this section is 
qualified for the ballot.
(7)
(a)
Except as provided in Subsection 
(7)(b)
 or 
(c)
, if a referendum relates to 
legislative action taken after April 15, the election officer may not place the 
referendum on an election ballot until a primary election, a general election, or a 
special election the following year.
(b)
The election officer may place a referendum described in Subsection 
(7)(a)
 on the 
ballot for a special, primary, or general election held during the year that the 
legislative action was taken if the following agree, in writing, on a timeline to place 
the referendum on that ballot:
(i)
the local clerk;
(ii)
the county clerk; and
(iii)
the attorney for the 
county or municipality
county, municipality, or school 
district
 that took the legislative action.
(c)
For a referendum on a land use law, if, before August 30, the local clerk or a court 
determines that the total number of certified names equals or exceeds the number of 
signatures required in Section 
20A-7-601
, the election officer shall place the 
referendum on the election ballot for:
(i)
the next general election; or
(ii)
another election, if the following agree, in writing, on a timeline to place the 
referendum on that ballot:
(A)
the affected owners, as defined in Section 
10-9a-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 18, Section 
20A-7-608
 is amended to read:
20A-7-608. Short title and summary of referendum -- Duties of local clerk and 
local attorney.
(1)
Upon receipt of a referendum petition, the local clerk shall deliver a copy of the 
referendum petition and the law to which the referendum relates to the local attorney.
(2)
The local attorney shall:
(a)
entitle each 
county or municipal
county, municipal, or school district
 referendum 
that qualifies for the ballot "Proposition Number __" and give the referendum a 
number assigned in accordance with Section 
20A-6-107
;
(b)
prepare for the referendum:
(i)
an impartial short title, not exceeding 25 words, that generally describes the 
subject of the law to which the referendum relates; and
(ii)
an impartial summary of the contents of the law to which the referendum relates, 
not exceeding 125 words;
(c)
file the proposed short title, summary, and the numbered referendum title with the 
local clerk within 20 days after the day on which an eligible voter submits the 
referendum petition to the local clerk; and
(d)
promptly provide notice of the filing of the proposed short title and summary to:
(i)
the sponsors of the petition; and
(ii)
the local legislative body 
or the local school board 
for the jurisdiction where the 
referendum petition was circulated.
(3)
(a)
The short title and summary may be distinct from the title of the law that is the 
subject of the referendum petition.
(b)
In preparing a short title, the local attorney shall, to the best of the local attorney's 
ability, give a true and impartial description of the subject of the referendum.
(c)
In preparing a summary, the local attorney shall, to the best of the local attorney's 
ability, give a true and impartial summary of the contents of the referendum.
(d)
The short title and summary may not intentionally be an argument, or likely to create 
prejudice, for or against the referendum.
(4)
(a)
Within five calendar days after the day on which the local attorney files a 
proposed short title and summary under Subsection (2)(c), the local legislative body 
or local school board 
for the jurisdiction where the referendum petition was 
circulated and the sponsors of the referendum petition may file written comments in 
response to the proposed short title and summary with the local clerk.
(b)
Within five calendar days after the last date to submit written comments under 
Subsection (4)(a), the local attorney shall:
(i)
review any written comments filed in accordance with Subsection (4)(a);
(ii)
prepare a final short title and summary that meets the requirements of Subsection 
(3); and
(iii)
return the referendum petition and file the short title and summary with the local 
clerk.
(c)
Subject to Subsection (6), for each 
county or municipal
county, municipal, or school 
district
 referendum, the following shall be printed on the official ballot:
(i)
the short title; and
(ii)
except as provided in Subsection (4)(d):
(A)
the summary;
(B)
a copy of the ordinance, resolution, or written description of the local law
 or 
local school tax law
; and
(C)
a link to a location on the election officer's website where a voter may review 
additional information relating to each referendum, including the information 
described in Subsection 
20A-7-602
(2) and the arguments relating to the 
referendum that are included in the local voter information pamphlet.
(d)
Unless the information described in Subsection (4)(c)(ii) is printed on the official 
ballot, the election officer shall include with the ballot a separate ballot proposition 
insert that includes the short title and summary for each referendum on the ballot and 
a link to a location on the election officer's website where a voter may review the 
additional information described in Subsection (4)(c)(ii)(C).
(e)
Unless the information described in Subsection 
20A-7-508
(4)(c)(ii) for all initiatives 
on the ballot, and the information described in Subsection (4)(c)(ii) for all referenda 
on the ballot, is printed on the ballot, the ballot shall include the following statement 
at the beginning of the portion of the ballot that includes ballot measures, "The ballot 
proposition sheet included with this ballot contains an impartial summary of each 
initiative and referendum on this ballot, unless the summary is printed directly on the 
ballot."
(5)
Immediately after the local attorney files a copy of the short title and summary with the 
local clerk, the local clerk shall send a copy of the short title and summary to the 
sponsors of the referendum petition and the local legislative body 
or the local school 
board 
for the jurisdiction where the referendum petition was circulated.
(6)
(a)
If the short title or summary provided by the local attorney is unsatisfactory or 
does not comply with the requirements of this section, the decision of the local 
attorney may be appealed to the appropriate court by:
(i)
at least three sponsors of the referendum petition; or
(ii)
a majority of the local legislative body 
or the local school board 
for the 
jurisdiction where the referendum petition was circulated.
(b)
The court:
(i)
shall examine the short title and summary and consider the arguments; and
(ii)
enter an order consistent with the requirements of this section.
(c)
The local clerk shall include the short title and summary in the ballot or ballot 
proposition insert, as required by this section.
Section 19, Section 
20A-7-609
 is amended to read:
20A-7-609. Form of ballot -- Manner of voting.
(1)
The local clerk shall ensure that the number and ballot title are presented upon the 
official ballot with, immediately adjacent to them, the words "For" and "Against," each 
word presented with an adjacent square in which the elector may indicate the elector's 
vote.
(2)
(a)
Except as provided in Subsection 
(2)(c)(i)
(2)(d)(i)
 or Section 
20A-7-609.5
, and 
unless the county legislative body calls a special election, the county clerk shall 
ensure that 
a 
county referenda that 
have
has
 qualified for the ballot 
appear
appears
on the next regular general election ballot.
(b)
Except as provided in Subsection 
(2)(c)(ii)
(2)(d)(ii)
 or Section 
20A-7-609.5
, and 
unless the municipal legislative body calls a special election, the municipal recorder 
or clerk shall ensure that 
a 
municipal referenda that 
have
has
 qualified for the ballot 
appear
appears
 on the next regular municipal election ballot.
(c)
Except as provided in Subsection (2)(d)(iii) or Section 
20A-7-609.5
, and unless the 
local school board calls a special election, the business administrator or 
superintendent shall ensure that a school district referenda that has qualified for the 
ballot appears on the next regular general election ballot.
(c)
(i)
Except as provided in Section 
20A-7-609.5
,
(d)
(i)
if
If
 a local law passes after January 30 of the year in which there is a regular 
general election, the county clerk shall ensure that a county referendum that has 
qualified for the ballot appears on the ballot at the second regular general election 
immediately following the passage of the local law unless the county legislative 
body calls a special election.
(ii)
Except as provided in Section 
20A-7-609.5
, if 
If 
a local law passes after January 
30 of the year in which there is a municipal general election, the municipal 
recorder or clerk shall ensure that a municipal referendum that has qualified for 
the ballot appears on the ballot at the second municipal general election 
immediately following the passage of the local law unless the municipal 
legislative body calls a special election.
(iii)
If a local law or local school tax law passes after January 30 of the year in which 
there is a regular general election, the business administrator or superintendent 
shall ensure that a school district referendum that has qualified for the ballot 
appears on the ballot at the second regular general election immediately following 
passage of the local law or local school tax law unless the local school board calls 
a special election.
(3)
(a)
(i)
A voter desiring to vote in favor of the law that is the subject of the 
referendum shall mark the square adjacent to the word "For."
(ii)
The law that is the subject of the referendum is effective if a majority of voters 
mark "For."
(b)
(i)
A voter desiring to vote against the law that is the subject of the referendum 
shall mark the square following the word "Against."
(ii)
The law that is the subject of the referendum is not effective if a majority of 
voters mark "Against."
Section 20, Section 
20A-7-609.5
 is amended to read:
20A-7-609.5. Election on referendum challenging a local tax law or local school 
tax law conducted entirely by mail.
(1)
An election officer may administer an election on a referendum challenging a local tax 
law 
or local school tax law 
entirely by mail.
(2)
For purposes of an election conducted under this section, the election officer shall:
(a)
designate as the election day the 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 
or 
school district 
to which the local tax law 
or local school tax law 
applies:
(i)
a manual ballot;
(ii)
a statement that there will be no polling place for the election;
(iii)
a statement specifying the election day described in Subsection 
(2)(a)
;
(iv)
a 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 
or 
school district 
before the election; or
(ii)
obtain the signature of each voter within the voting precinct 
or school district 
from the county clerk; and
(b)
maintain the signatures on file in the election officer's office.
(4)
(a)
Upon receiving a returned manual ballot under this section, the election officer 
shall compare the signature on each return envelope with the voter's signature that is 
maintained on file and verify that the signatures are the same.
(b)
If the election officer questions the authenticity of the signature on the return 
envelope, the election officer shall immediately contact the voter to verify the 
signature.
(c)
If there is not a signature on the return envelope or if the election officer determines 
that the signature on the return envelope does not match the voter's signature that is 
maintained on file, the election officer shall:
(i)
disqualify the ballot; and
(ii)
notify the voter of the disqualification and the reason for the disqualification.
Section 21, Section 
20A-7-610
 is amended to read:
20A-7-610. Return and canvass -- Conflicting measures -- Law effective on 
proclamation.
(1)
The votes on the law that is the subject of the referendum petition shall be counted, 
canvassed, and delivered as provided in 
Title 20A, Chapter 4, Part 3, Canvassing 
Returns
Chapter 4, Part 3, Canvassing Returns
.
(2)
After the local board of canvassers completes the canvass, the local clerk shall certify to 
the local legislative body 
or the local school board 
the vote for and against the law that 
is the subject of the referendum petition.
(3)
(a)
The local legislative body 
or the local school board 
shall immediately issue a 
proclamation that:
(i)
gives the total number of votes cast in the local jurisdiction for and against each 
law that is the subject of a referendum petition; and
(ii)
in accordance with Section 
20A-7-611
, declares those laws that are the subject of 
a referendum petition that are approved by majority vote to be in full force and 
effect as the law of the local jurisdiction.
(b)
When the local legislative body 
or the local school board 
determines that two laws, 
or that parts of two laws approved by the people at the same election are entirely in 
conflict, the local legislative body shall proclaim to be law the law that received the 
greatest number of affirmative votes, regardless of the difference in the majorities 
which those approved laws received.
(4)
(a)
Within 10 days after the day on which the local legislative body 
or the local 
school board 
issues the proclamation described in Subsection 
(3)
, any qualified voter 
residing in the jurisdiction for a law that is declared by the local legislative body to 
be superseded by another law approved at the same election may bring an action in 
the appropriate court to review the decision.
(b)
The court shall:
(i)
consider the matter and decide whether the approved laws are entirely in conflict; 
and
(ii)
issue an order, consistent with the court's decision, to the local legislative body
 or 
the local school board
.
(5)
Within 10 days after the day on which the court enters an order under Subsection 
(4)(b)(ii)
, the local legislative body 
or the local school board 
shall:
(a)
proclaim as law all those laws approved by the people that the court determines are 
not in conflict; and
(b)
of all those laws approved by the people as law that the court determines to be in 
conflict, proclaim as law the one that receives the greatest number of affirmative 
votes, regardless of the difference in majorities.
Section 22, Section 
20A-7-611
 is amended to read:
20A-7-611. Temporary stay -- Effective date -- Effect of repeal by local 
legislative body or local school board.
(1)
Any law submitted to the people by referendum petition that is rejected by the voters at 
any election is repealed as of the date of the election.
(2)
If, at the time during the process described in Subsection 
20A-7-607(2)
, the local clerk 
determines that, at that point in time, an adequate number of signatures are certified to 
comply with the signature requirements, the local clerk shall:
(a)
issue an order temporarily staying the law from going into effect; and
(b)
continue the process of certifying signatures and removing signatures as required by 
this part.
(3)
The temporary stay described in Subsection 
(2)
 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 referendum petition insufficient, five days after the day 
on which the local clerk declares the referendum petition insufficient; or
(b)
if the local clerk declares the referendum petition sufficient, the day on which the 
local legislative body issues the proclamation described in Section 
20A-7-610
.
(4)
A law submitted to the people by referendum that is approved by the voters at an 
election takes effect the later of:
(a)
five days after the date of the official proclamation of the vote by the local legislative 
body; or
(b)
the effective date specified in the approved law.
(5)
If, after the local clerk issues a temporary stay order under Subsection 
(2)(a)
, the local 
clerk declares the referendum petition insufficient, the law that is the subject of the 
referendum petition takes effect the later of:
(a)
five days after the day on which the local clerk declares the petition insufficient; or
(b)
the effective date specified in the proposed law.
(6)
(a)
A law approved by the people under this part is not subject to veto.
(b)
The local legislative body 
or the local school board 
may amend any laws approved 
by the people under this part after the people approve the law.
(7)
If the local legislative body 
or the local school board 
repeals a law challenged by 
referendum petition under this part, the referendum petition is void and no further action 
on the referendum petition is required.
Section 23, Section 
20A-7-613
 is amended to read:
20A-7-613. Property tax referendum petition.
(1)
As used in this section
,
:
(a)
 "certified tax rate"
"Certified tax rate"
 means the same as that term is defined in 
Section 
59-2-924
.
(b)
"Taxing entity" means a county, city, town, or school district with the authority to 
levy a tax on property.
(2)
Except as provided in this section, the requirements of this part apply to a referendum 
petition challenging a taxing entity's legislative body's vote to impose a tax rate that 
exceeds the certified tax rate.
(3)
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)
20A-7-609(2)(d)
, a referendum that 
qualifies for the ballot under this section shall appear on the ballot for the earlier of the 
next regular general election or the next municipal general election unless a special 
election is called.
(8)
The election officer shall mail manual ballots on a referendum under this section the 
later of:
(a)
the time provided in Section 
20A-3a-202
 or 
20A-16-403
; or
(b)
the time that ballots are prepared for mailing under this section.
(9)
Section 
20A-7-402
 does not apply to a referendum described in this section.
(10)
(a)
If a majority of voters does not vote against imposing the tax at a rate calculated 
to generate the increased revenue budgeted, adopted, and approved by the taxing 
entity's legislative body:
(i)
the certified tax rate for the fiscal year during which the referendum petition is 
filed is its most recent certified tax rate; and
(ii)
the proposed increased revenues for purposes of establishing the certified tax rate 
for the fiscal year after the fiscal year described in Subsection 
(10)(a)(i)
 are the 
proposed increased revenues budgeted, adopted, and approved by the taxing 
entity's legislative body before the filing of the referendum petition.
(b)
If a majority of voters votes against imposing a tax at the rate established by the vote 
of the taxing entity's legislative body, the certified tax rate for the taxing entity is the 
taxing entity's most recent certified tax rate.
(c)
If the tax rate is set in accordance with Subsection 
(10)(a)(ii)
, a taxing entity is not 
required to comply with the notice and public hearing requirements of Section 
59-2-919
 if the taxing entity complies with those notice and public hearing 
requirements before the referendum petition is filed.
(11)
The ballot title shall, at a minimum, include in substantially this form the following: 
"Shall the [name of the taxing entity] be authorized to levy a tax rate in the amount 
sufficient to generate an increased property tax revenue of [amount] for fiscal year [year] 
as budgeted, adopted, and approved by the [name of the taxing entity].".
(12)
A taxing entity shall pay the county the costs incurred by the county that are directly 
related to meeting the requirements of this section and that the county would not have 
incurred but for compliance with this section.
(13)
(a)
An election officer shall include on a ballot a referendum that has not yet 
qualified for placement on the ballot, if:
(i)
sponsors file an application for a referendum described in this section;
(ii)
the ballot will be used for the election for which the sponsors are attempting to 
qualify the referendum; and
(iii)
the deadline for qualifying the referendum for placement on the ballot occurs 
after the day on which the ballot will be printed.
(b)
If an election officer includes on a ballot a referendum described in Subsection 
(13)(a)
, the ballot title shall comply with Subsection 
(11)
.
(c)
If an election officer includes on a ballot a referendum described in Subsection 
(13)(a)
 that does not qualify for placement on the ballot, the election officer shall 
inform the voters by any practicable method that the referendum has not qualified for 
the ballot and that votes cast in relation to the referendum will not be counted.
Section 24, Section 
20A-7-614
 is amended to read:
20A-7-614. Electronic referendum process -- Form of referendum petition -- 
Circulation requirements -- Signature collection.
(1)
This section applies only to the electronic referendum process.
(2)
(a)
The first screen presented on the approved device shall include the following statement:
"This REFERENDUM PETITION is addressed to the Honorable ____, County 
Clerk/City Recorder/Town Clerk
/Business Administrator/Superintendent
:
The citizens of Utah who sign this petition respectfully order that (description of 
the 
local law 
or local school tax law, 
or portion of 
the 
local law 
or local school tax law 
being 
challenged), passed by the ____ be referred to the voters for their approval or rejection at the 
regular/municipal general election to be held on __________(month\day\year)."
(b)
An individual may not advance to the second screen until the individual clicks a link 
at the bottom of the first screen stating, "By clicking here, I attest that I have read and 
understand the information presented on this screen."
(3)
(a)
The second screen presented on the approved device shall include the entire text 
of the law that is the subject of the referendum petition.
(b)
An individual may not advance to the third screen until the individual clicks a link at 
the bottom of the second screen stating, "By clicking here, I attest that I have read 
and understand the entire text of the law that is the subject of the referendum 
petition."
(4)
(a)
The third screen presented on the approved device shall include a statement 
indicating whether persons gathering signatures for the referendum petition may be 
paid for gathering signatures.
(b)
An individual may not advance to the fourth screen until the individual clicks a link 
at the bottom of the third screen stating, "By clicking here, I attest that I have read 
and understand the information presented on this screen."
(5)
The fourth screen presented on the approved device shall include the following statement, 
followed by links where the individual may click "yes" or "no":
"I have personally read the entirety of each statement presented on this device;
I am personally signing this referendum petition;
I am registered to vote in Utah; and
All information I enter on this device, including my residence and post office address, is 
accurate.
It is a class A misdemeanor for an individual to sign a referendum petition with a name 
other than the individual's own name, or to knowingly sign the individual's name more than 
once for the same referendum petition, or to sign a referendum petition when the individual 
knows that the individual is not a registered voter.
Do you wish to continue and sign this referendum petition?"
(6)
(a)
If the individual clicks "no" in response to the question described in Subsection 
(5), the next screen shall include the following statement, "Thank you for your time. 
Please return this device to the signature-gatherer."
(b)
If the individual clicks "yes" in response to the question described in Subsection (5), 
the website, or the application that accesses the website, shall take the 
signature-gatherer and the individual signing the referendum petition through the 
signature process described in Section 
20A-21-201
.
Section 25, Section 
63G-30-102
 is amended to read:
63G-30-102. Public notice classifications and requirements.
(1)
A public body or a government official that is required to provide a class A notice:
(a)
shall publish the public notice on the Utah Public Notice Website;
(b)
shall publish the public notice on the public body's or government official's official 
website, if the public body or government official:
(i)
maintains an official website; and
(ii)
has an annual operating budget of $250,000 or more; and
(c)
except as provided in Subsection 
(4)
, and subject to Subsection 
(5)
, post the public 
notice in connection with the affected area as follows:
(i)
if the affected area is a municipality with a population of less than 2,000, in a 
public location in or near the affected area that is reasonably likely to be seen by 
residents of the affected area;
(ii)
if the affected area is a proposed municipality with a population of less than 
2,000, in a public location in or near the affected area that is reasonably likely to 
be seen by residents of the affected area;
(iii)
if the affected area is an area other than an area described in Subsections 
(1)(c)(i)
, 
(1)(c)(ii), or (1)(c)(iv) through (viii), in a public location in or near the affected 
area that is reasonably likely to be seen by:
(A)
residents of the affected area; or
(B)
if there are no residents within the affected area, individuals who pass through 
or near the affected area;
(iv)
if the affected area is a county, in a public location within the county that is 
reasonably likely to be seen by residents of the county;
(v)
if the affected area is a municipality with a population of 2,000 or more, or a 
proposed municipality with a population of 2,000 or more, in a public location 
within the municipality or proposed municipality that is reasonably likely to be 
seen by residents of the municipality or proposed municipality;
(vi)
if the affected area is a public street, on or adjacent to the public street;
(vii)
if the affected area is an easement:
(A)
on or adjacent to the easement; or
(B)
in a public location that is reasonably likely to be seen by persons who are 
likely to be impacted by the easement; 
or
(viii)
if the affected area is an interlocal entity, within, or as applicable near, each 
jurisdiction that is part of the interlocal entity, in accordance with the provisions 
of this Subsection 
(1)
 that apply to that jurisdiction
.
; or
(ix)
if the affected area is a school district, in a public location within the school 
district that is reasonably likely to be seen by residents of the school district.
(2)
Subject to Subsection 
(5)
, a public body or a government official that is required to 
provide a class B notice shall:
(a)
comply with the requirements described in Subsection 
(1)
 for a class A notice;
(b)
if a statute, county ordinance, or municipal ordinance requires that the notice be 
provided for a designated geographic area, mail or otherwise deliver the public notice 
or a notice summary statement to each residence within, and, in accordance with 
Subsection 
(3)
, to each owner of real property located within, the designated 
geographic area; and
(c)
if a statute, county ordinance, or municipal ordinance requires that the notice be 
provided to one or more designated persons or real property owners, mail or 
otherwise deliver the public notice or a notice summary statement, in accordance 
with Subsection 
(3)
, to each designated person and real property owner.
(3)
When providing notice to a real property owner under Subsection 
(2)(b)
 or 
(c)
, the 
public body or government official shall:
(a)
use the current residential or business address of the real property owner;
(b)
if the public body or government official is not reasonably able to obtain the address 
described in Subsection 
(3)(a)
, use the last known address of the real property owner 
that the public body or government official is able to obtain via a reasonable inquiry 
into public records; or
(c)
if the public body or government official is not reasonably able to obtain an address 
described in Subsection 
(3)(a)
 or 
(b)
, post the notice on the real property.
(4)
A government official, a public body, or any other body that is required to post notice 
under Subsection 
(1)
 is not required to comply with Subsection 
(1)(c)
 if:
(a)
the affected area is the state;
(b)
the body is a specified body, as defined in Section 
52-4-103
;
(c)
the public body is the Legislature or a public body within the state legislative branch; 
or
(d)
the government official is required to post the notice on behalf of a body described in 
Subsection 
(4)(b)
 or 
(c)
.
(5)
If a statute, ordinance, or rule requires a public body or government official to provide 
notice for a period of time:
(a)
in relation to posting the notice on the Utah Public Notice Website, the requirement 
is not violated due to temporary technological issues that interrupt the posting, unless 
the posting is interrupted for more than 25% of the required posting time;
(b)
in relation to posting the notice in a physical location, the requirement is fulfilled if:
(i)
the notice is posted at or, except to the extent prohibited by law, before the 
beginning of the period of time;
(ii)
the public body or government official does not remove the posting before the 
end of the period of time; and
(iii)
until the end of the period of time, the public body or government official:
(A)
periodically verifies that the notice remains in place; and
(B)
replaces the notice within a reasonable time after discovering that the notice 
has been removed or damaged; and
(c)
in relation to mailing, sending, or otherwise delivering notice to a person, the mailing 
is made at or, except to the extent prohibited by law, before, the beginning of the 
period of time.
Section 26. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-4-25 10:04 AM