Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 454 (2025GS)

Sponsor

Rep. Peterson, Karen M.

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• prohibits a city from imposing a fee on the general public for broadband or public safety service, with exceptions;
• prohibits a town from imposing a fee on the general public for public safety service, with exceptions;
• authorizes a municipality or county to impose a transportation utility fee if the municipality or county complies with certain requirements;
• establishes a process and requirements for a municipality or county to impose a transportation utility fee;
• provides that property owned by a religious organization may, under certain circumstances, be exempt from a transportation utility fee;
• provides a process to hold a referendum on the imposition of a transportation utility fee or an increase to an existing transportation utility fee; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

10
10-1-406
10-5-133
10-6-134.3
10-6-134.5
20A-7-101
20A-7-607
20A-7-609.5
20A-7-613
Local Government Fees Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen M. Peterson
Senate Sponsor: Brady Brammer
LONG TITLE
General Description:
This bill modifies and enacts provisions related to municipal fees.
Highlighted Provisions:
This bill:
defines terms;
prohibits a city from imposing a fee on the general public for broadband or public safety 
service, with exceptions;
prohibits a town from imposing a fee on the general public for public safety service, with 
exceptions;
authorizes a city to impose a transportation utility fee if the city complies with certain 
requirements;
establishes a process and requirements for a city to impose a transportation utility fee; 
provides a process to hold a referendum on the imposition of a transportation utility fee or 
an increase to an existing transportation utility fee; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-1-406
, as enacted by Laws of Utah 2003, Chapter 253
20A-7-101
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 3
20A-7-607
, as last amended by Laws of Utah 2023, Chapters 107, 116
20A-7-609.5
, as last amended by Laws of Utah 2020, Chapter 31
20A-7-613
, as last amended by Laws of Utah 2023, Chapter 116
ENACTS:
10-5-133
, Utah Code Annotated 1953
10-6-134.3
, Utah Code Annotated 1953
10-6-134.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
10-1-406
 is amended to read:
10-1-406. Limitation of other telecommunications taxes or fees.
(1)
As used in this section:
(a)
"Broadband" means facilities and services used to make high-capacity, high-speed 
Internet service available to users.
(b)
"General fee" means the same as that term is defined in Section 
10-6-134.3
.
(2)
(a)
Except as provided in Subsection 
(2)(b)
, a city may not impose a general fee for 
broadband.
(b)
(i)
Subject to Subsection 
(2)(b)(ii)
, a city that, before May 7, 2025, imposes a 
general fee for broadband shall repeal the general fee no later than July 1, 2026.
(ii)
(A)
A city that, before May 7, 2025, issues a bond secured by revenue from a 
general fee for broadband shall repeal the general fee within 60 days after the 
bond is paid.
(B)
A city that, before May 7, 2025, imposes a general fee to pay for a bond the 
city issued before January 1, 2025, to pay for broadband shall repeal the 
general fee within 60 days after the bond is paid.
(3)
Subject to the other provisions of this section, a municipality may not levy or collect a 
telecommunications tax or fee on a person except for a telecommunications tax or fee 
imposed by the municipality:
(a)
on a telecommunications provider to recover the management costs of the 
municipality caused by the activities of the telecommunications provider in the 
right-of-way of a municipality if the telecommunications tax or fee:
(i)
is imposed in accordance with Section 
72-7-102
; and
(ii)
is not related to:
(A)
a municipality's loss of use of a highway as a result of the activities of the 
telecommunications provider in a right-of-way; or
(B)
increased deterioration of a highway as a result of the activities of the 
telecommunications provider in a right-of-way; or
(b)
on a person that:
(i)
is not subject to a municipal telecommunications license tax under this part; and
(ii)
locates telecommunications facilities, as defined in Section 
72-7-108
, in the 
municipality.
(2)
(4)
Subsection 
(1)(a)
(3)(a)
 may not be interpreted as exempting a 
telecommunications provider from complying with any ordinance:
(a)
related to excavation, construction, or installation of a telecommunications facility; 
and
(b)
that addresses the safety and quality standards of the municipality for excavation, 
construction, or installation.
(3)
(5)
A telecommunications tax or fee imposed under Subsection 
(1)(b)
(3)(b)
 shall be 
imposed:
(a)
by ordinance; and
(b)
on a competitively neutral basis.
Section 2, Section 
10-5-133
 is enacted to read:
10-5-133. General fee for public safety service prohibited -- Exception.
(1)
As used in this section:
(a)
(i)
"General fee" means a fee imposed generally on the public at large or on a 
segment of the public.
(ii)
"General fee" does not include:
(A)
a fee that a town charges an identifiable user of a town-provided service or a 
town facility to cover the town's cost of the user's use of the service or facility; 
or
(B)
a registration or similar fee that a town charges a participant in an activity or 
program sponsored by the town to offset the town's administrative cost of 
sponsoring the activity or program.
(b)
"Public safety service" means law enforcement service, fire protection service, 911 
ambulance or paramedic service, or emergency service.
(2)
Except as provided in Subsection 
(3)
, a town may not impose a general fee for a public 
safety service.
(3)
A town may impose a general fee for a public safety service if:
(a)
(i)
the fee is imposed before January 1, 2025;
(ii)
the fee is to generate revenue to pay for the town's obligation under an agreement 
with one or more other political subdivisions for a public safety service provided 
to the town; and
(iii)
after January 1, 2025, the fee is reauthorized by a vote of the town council at 
least every three years; or
(b)
the public safety service is volunteer public safety service.
(4)
A town that, before May 7, 2025, imposes a general fee for a public safety service that 
is prohibited under Subsection 
(2)
 shall repeal the general fee no later than July 1, 2026.
Section 3, Section 
10-6-134.3
 is enacted to read:
10-6-134.3. General fee for public safety service prohibited -- Exception.
(1)
As used in this section:
(a)
(i)
"General fee" means a fee imposed generally on the public at large or on a 
segment of the public.
(ii)
"General fee" does not include:
(A)
a fee that a city charges an identifiable user of a city-provided service or a city 
facility to cover the city's cost of the user's use of the service or facility; or
(B)
a registration or similar fee that a city charges a participant in an activity or 
program sponsored by the city to offset the city's administrative cost of 
sponsoring the activity or program.
(b)
"Public safety service" means law enforcement service, fire protection service, 911 
ambulance or paramedic service, or emergency service.
(2)
Except as provided in Subsection 
(3)
, a city may not impose a general fee for a public 
safety service.
(3)
A city of the third, fourth, or fifth class may impose a general fee for a public safety 
service if:
(a)
(i)
the fee is imposed before January 1, 2025;
(ii)
the fee is to generate revenue to pay for the city's obligation under an agreement 
with one or more other political subdivisions for a public safety service provided 
to the city; and
(iii)
after January 1, 2025, the fee is reauthorized by a vote of the city council at least 
every three years; or
(b)
the public safety service is volunteer public safety service.
(4)
A city that, before May 7, 2025, imposes a general fee for a public safety service that is 
prohibited under Subsection 
(2)
 shall repeal the general fee no later than July 1, 2026.
Section 4, Section 
10-6-134.5
 is enacted to read:
10-6-134.5. Transportation utility fee.
(1)
As used in this section:
(a)
"Transportation facility" means any of the items listed in Subsection 
59-12-2212.2(1)
as purposes for which revenue from a local option sales and use tax under Section 
59-12-2212.2
 may be expended.
(b)
"Transportation fund" means a fund described in and established under Subsection 
(8).
(c)
"Transportation utility fee" means a fee imposed to generate revenue to pay for costs 
associated with developing, constructing, maintaining, operating, repairing, 
upgrading, or replacing a transportation facility.
(d)
"User segment" means a segment of the city's population based on a classification 
established under Subsection 
(7)
.
(2)
(a)
A city may impose and collect a transportation utility fee:
(i)
if the city establishes a reasonable relationship between:
(A)
the amount of the transportation utility fee; and
(B)
the services provided to, the benefits received by, or the need created by those 
who pay the transportation utility fee; and
(ii)
only as provided in this section.
(b)
A city may impose a transportation utility fee to provide funding for any number of 
transportation facilities but may not have more than a single transportation utility fee 
in effect at a time.
(c)
(i)
A person's ownership of property within the city may not alone be a basis for 
imposing a transportation utility fee on the person.
(ii)
The size of a parcel of real property may not alone be a basis for the amount of a 
transportation utility fee imposed on the owner of the parcel.
(3)
To impose or increase a transportation utility fee, a municipality shall:
(a)
conduct a study as provided in Subsection 
(4)
;
(b)
follow the process described in Subsection 
(5)
; and
(c)
adopt an ordinance imposing or increasing a transportation utility fee, as provided in 
Subsection 
(6)
.
(4)
(a)
A city may not impose or increase a transportation utility fee unless the city first 
conducts a study as described in this Subsection 
(4)
.
(b)
A study under Subsection 
(4)(a)
 shall:
(i)
determine and provide a reasonable estimate of the need for a new transportation 
facility or for maintaining, operating, repairing, upgrading, or replacing an 
existing transportation facility;
(ii)
identify and provide a reasonable estimate of existing funding sources that could 
be used to pay for a new transportation facility or for maintaining, operating, 
repairing, upgrading, or replacing an existing transportation facility;
(iii)
explain and provide a reasonable calculation showing how existing city funding 
sources are inadequate to cover the cost of constructing a new transportation 
facility or maintaining, operating, repairing, upgrading, or replacing an existing 
transportation facility;
(iv)
determine whether the proposed transportation utility fee is reasonably related to:
(A)
the services provided to those who pay the transportation utility fee;
(B)
the benefits received by persons who pay the transportation utility fee; or
(C)
the need created by those who pay the transportation utility fee;
(v)
explain the reasonable relationship determined under Subsection 
(4)(a)(iv)
; and
(vi)
determine whether there is a reasonable basis for different rates within a 
proposed transportation utility fee based on different levels of services provided 
to, benefit received by, or need created by those who pay the transportation utility 
fee, as described in Subsection 
(7)
, and, if so, explain the basis for the proposed 
different rates.
(c)
A city that conducts a study under Subsection 
(4)(a)
 shall post a copy of the study on 
the city's website, if the city has a website.
(5)
(a)
Subject to Subsection 
(5)(b)
, before adopting an ordinance imposing or increasing 
a transportation utility fee, the governing body shall comply with the notice and 
public hearing requirements established in Sections 
10-6-113
 and 
10-6-114
.
(b)
(i)
The governing body of a city that proposes to impose or increase a 
transportation utility fee shall, in addition to the notice required under Section 
10-6-113
, provide notice of the proposed fee and the public hearing:
(A)
in a notice with the city's monthly utility bill, if the city mails or emails 
residents a monthly utility bill; or
(B)
through another primary means of communicating with residents, if the city 
does not provide residents a monthly utility bill.
(ii)
The public hearing required for a proposal to impose or increase a transportation 
utility fee may be held in conjunction with a budget hearing under Section 
10-6-114
 but shall be separate and distinct from the budget hearing.
(6)
(a)
A transportation utility fee may be imposed or increased only by an ordinance 
adopted by the city's governing body.
(b)
(i)
Subject to Subsection 
(6)(b)(ii)
, the governing body may adopt an ordinance 
imposing or increasing a transportation utility fee at the same meeting in which 
the public body adopts the city budget.
(ii)
The governing body vote on the imposition or increase of a transportation utility 
fee shall be separate from the governing body vote on the city budget or any other 
item.
(c)
The amount of a transportation utility fee for the city's population or for any user 
segment shall be reasonably related to the services provided to, benefits received by, 
or need created by those within the city's population or user segment who pay the 
transportation utility fee, as determined in the study under Subsection 
(4)
.
(d)
(i)
Revenue from a transportation utility fee may not supplant existing general 
fund appropriations that the city has budgeted for transportation facilities as of the 
date the transportation utility fee becomes effective.
(ii)
The limitation under Subsection 
(6)(d)(i)
 does not apply to a designated 
transportation facilities capital or reserve account established before the effective 
date of a transportation utility fee under this section.
(7)
(a)
A city shall establish different rates within a transportation utility fee for different 
classifications of users of a transportation facility if the rates and classifications have 
a reasonable basis.
(b)
The different types of classifications of users of a transportation facility under 
Subsection 
(7)(a)
 shall include, at a minimum:
(i)
residential users;
(ii)
commercial users; and
(iii)
house of worship users, where a property typically generates use of a 
transportation facility on three or fewer days of the week.
(c)
(i)
A reasonable basis under Subsection 
(7)(a)
 may include:
(A)
different levels of benefit received by users of a transportation utility fee;
(B)
different impacts on or usage of transportation facilities by those who pay the 
transportation utility fee;
(C)
a difference in the cost of providing a transportation facility to different 
classifications of users;
(D)
a difference in levels of risk to the operation of a transportation facility for 
different classifications of users;
(E)
differing contributions that different classifications of users make, separate 
from a transportation utility fee, to the cost of constructing, maintaining, or 
operating a transportation facility; and
(F)
distinguishable differences in the needs or conditions of different 
classifications of users based on economic, public policy, or other identifiable 
elements.
(ii)
A reasonable basis under Subsection 
(7)(a)
 does not include:
(A)
whether a user resides inside or outside the city boundary; or
(B)
a consideration of the age of development within areas with the same zoning 
designation.
(8)
(a)
A city that imposes a transportation utility fee shall establish a fund as provided in 
this Subsection 
(8)
.
(b)
A city shall deposit into the transportation fund all revenue from a transportation 
utility fee.
(c)
A city may not:
(i)
deposit into or commingle with a transportation fund any money from any other 
source; or
(ii)
use money in a transportation fund for any purpose other than to pay for the cost 
of:
(A)
the development or construction of a new transportation facility;
(B)
upgrading or replacing an existing transportation facility;
(C)
the maintenance, operation, or repair of an existing transportation facility; or
(D)
reasonable administrative costs associated with the transportation fund or with 
activities described in Subsections (8)(c)(ii)(A), (B), and (C).
(d)
Notwithstanding Sections 
10-6-124
, 
10-6-125
, and 
10-6-135.5
, a city may not 
transfer money in a transportation fund to any other fund or to a separate account.
(9)
(a)
A city that imposes a transportation utility fee shall conduct an annual review of 
the transportation utility fee as provided in this Subsection 
(9)
 and prepare a written 
report of the annual review.
(b)
In an annual review under Subsection 
(9)(a)
, the governing body shall:
(i)
review the balance of the transportation fund;
(ii)
review the current amount of the transportation utility fee;
(iii)
demonstrate that there is still a reasonable relationship between the amount of the 
transportation utility fee and the transportation services provided to, benefits 
received by, or need created by those who pay the fee;
(iv)
consider other possible revenue sources that the city could use for transportation 
facilities instead of a transportation utility fee;
(v)
ensure that Subsection 
(6)(d)
 is being complied with; and
(vi)
demonstrate that revenue from the transportation utility fee continues to be 
needed to provide a transportation facility that the city could not otherwise 
provide from other existing revenue sources.
(c)
(i)
A city shall submit a copy of the written report under Subsection 
(9)(a)
 to the 
state auditor.
(ii)
A city may fulfill the requirement of Subsection 
(9)(c)(i)
 by submitted the written 
report as part of the city's annual financial reports submitted to the state auditor 
under Section 
10-6-150
.
(10)
(a)
A transportation utility fee imposed under this section expires 10 years after the 
effective date of the ordinance imposing the transportation utility fee.
(b)
The 10-year period described in Subsection 
(10)(a)
 begins again with any subsequent 
adoption of any ordinance imposing a transportation utility fee after the initial 
adoption of an ordinance imposing a transportation utility fee.
(11)
An ordinance imposing a transportation utility fee is subject to local referendum as 
provided in 
Title 20A, Chapter 7, Part 6
, Local Referenda - Procedures.
(12)
A city that, before May 7, 2025, imposes a fee to pay for a transportation facility shall, 
no later than July 1, 2026:
(a)
ensure that requirements of this section have been complied with for the fee that the 
city imposes; or
(b)
repeal the fee.
Section 5, 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.
(3)
"Certified" means that the county clerk has acknowledged a signature as being the 
signature of a registered voter.
(4)
"Circulation" means the process of submitting an initiative petition or a referendum 
petition to legal voters for their signature.
(5)
"Electronic initiative process" means:
(a)
as it relates to a statewide initiative, the process, described in Sections 
20A-7-215
and 
20A-21-201
, for gathering signatures; or
(b)
as it relates to a local initiative, the process, described in Sections 
20A-7-514
 and 
20A-21-201
, for gathering signatures.
(6)
"Electronic referendum process" means:
(a)
as it relates to a statewide referendum, the process, described in Sections 
20A-7-313
and 
20A-21-201
, for gathering signatures; or
(b)
as it relates to a local referendum, the process, described in Sections 
20A-7-614
 and 
20A-21-201
, for gathering signatures.
(7)
"Eligible voter" means a legal voter who resides in the jurisdiction of the county, city, or 
town that is holding an election on a ballot proposition.
(8)
"Final fiscal impact statement" means a financial statement prepared after voters 
approve an initiative that contains the information required by Subsection 
20A-7-202.5
(2) or 
20A-7-502.5
(2).
(9)
"Initial fiscal impact statement" means a financial statement prepared under Section 
20A-7-202.5
 after the filing of a statewide initiative application.
(10)
"Initial fiscal impact and legal statement" means a financial and legal statement 
prepared under Section 
20A-7-502.5
 or 
20A-7-602.5
 for a local initiative or a local 
referendum.
(11)
"Initiative" means a new law proposed for adoption by the public as provided in this 
chapter.
(12)
"Initiative application" means:
(a)
for a statewide initiative, an application described in Subsection 
20A-7-202
(2) that 
includes all the information, statements, documents, and notarized signatures 
required under Subsection 
20A-7-202
(2); or
(b)
for a local initiative, an application described in Subsection 
20A-7-502
(2) that 
includes all the information, statements, documents, and notarized signatures 
required under Subsection 
20A-7-502
(2).
(13)
"Initiative packet" means a copy of the initiative petition, a copy of the proposed law, 
and the signature sheets, all of which have been bound together as a unit.
(14)
"Initiative petition":
(a)
as it relates to a statewide initiative, using the manual initiative process:
(i)
means the form described in Subsection 
20A-7-203
(2)(a), petitioning for 
submission of the initiative to the Legislature or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in 
Subsection 
20A-7-203
(2)(b);
(b)
as it relates to a statewide initiative, using the electronic initiative process:
(i)
means the form described in Subsections 
20A-7-215
(2) and (3), petitioning for 
submission of the initiative to the Legislature or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in 
Subsection 
20A-7-215
(5)(b);
(c)
as it relates to a local initiative, using the manual initiative process:
(i)
means the form described in Subsection 
20A-7-503
(2)(a), petitioning for 
submission of the initiative to the legislative body or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in 
Subsection 
20A-7-503
(2)(b); or
(d)
as it relates to a local initiative, using the electronic initiative process:
(i)
means the form described in Subsection 
20A-7-514
(2)(a), petitioning for 
submission of the initiative to the legislative body or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in 
Subsection 
20A-7-514
(4)(a).
(15)
(a)
"Land use law" means a law of general applicability, enacted based on the 
weighing of broad, competing policy considerations, that relates to the use of land, 
including land use regulation, a general plan, a land use development code, an 
annexation ordinance, the rezoning of a single property or multiple properties, or a 
comprehensive zoning ordinance or resolution.
(b)
"Land use law" does not include a land use decision, as defined in Section 
10-9a-103
or 
17-27a-103
.
(16)
"Legal signatures" means the number of signatures of legal voters that:
(a)
meet the numerical requirements of this chapter; and
(b)
have been obtained, certified, and verified as provided in this chapter.
(17)
"Legal voter" means an individual who is registered to vote in Utah.
(18)
"Legally referable to voters" means:
(a)
for a proposed local initiative, that the proposed local initiative is legally referable to 
voters under Section 
20A-7-502.7
; or
(b)
for a proposed local referendum, that the proposed local referendum is legally 
referable to voters under Section 
20A-7-602.7
.
(19)
"Local attorney" means the county attorney, city attorney, or town attorney in whose 
jurisdiction a local initiative or referendum petition is circulated.
(20)
"Local clerk" means the county clerk, city recorder, or town clerk in whose jurisdiction 
a local initiative or referendum petition is circulated.
(21)
"Local fiscal law" means a local tax law or a local transportation fee law.
(21)
(22)
(a)
"Local law" includes:
(i)
an ordinance;
(ii)
a resolution;
(iii)
a land use law;
(iv)
a land use regulation, as defined in Section 
10-9a-103
; or
(v)
other legislative action of a local legislative body.
(b)
"Local law" does not include a land use decision, as defined in Section 
10-9a-103
.
(22)
(23)
"Local legislative body" means the legislative body of a county, city, or town.
(23)
(24)
"Local obligation law" means a local law passed by the local legislative body 
regarding a bond that was approved by a majority of qualified voters in an election.
(24)
(25)
"Local tax law" means a law, passed by a political subdivision with an annual or 
biannual calendar fiscal year, that increases a tax or imposes a new tax.
(26)
"Local transportation fee law" means an ordinance adopted under Section 
10-66-134.5
imposing or increasing a transportation utility fee, as defined in Section 
10-6-134.5
.
(25)
(27)
"Manual initiative process" means the process for gathering signatures for an 
initiative using paper signature packets that a signer physically signs.
(26)
(28)
"Manual referendum process" means the process for gathering signatures for a 
referendum using paper signature packets that a signer physically signs.
(27)
(29)
(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 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 to 
legal voters for their approval or rejection; or
(d)
as it relates to a local referendum, using the electronic referendum process, the form 
described in Subsection 
20A-7-614
(2), petitioning for submission of a local law to 
legal voters for their approval or rejection.
(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 6, Section 
20A-7-607
 is amended to read:
20A-7-607. Evaluation by the local clerk -- Determination of election for vote on 
referendum.
(1)
In relation to the manual referendum process, when the local clerk receives a 
referendum packet from a county clerk, the local clerk shall record the number of the 
referendum packet received.
(2)
The county clerk shall:
(a)
in relation to the manual referendum process:
(i)
post the names, voter identification numbers, and dates of signatures described in 
Subsection 
20A-7-105(6)(a)(iii)
 on the lieutenant governor's website, in a 
conspicuous location designated by the lieutenant governor, for at least 45 days; 
and
(ii)
update on the local clerk's website the number of signatures certified as of the 
date of the update; or
(b)
in relation to the electronic referendum process:
(i)
post the names, voter identification numbers, and dates of signatures described in 
Subsection 
20A-7-616(3)
 on the lieutenant governor's website, in a conspicuous 
location designated by the lieutenant governor, for at least 45 days; and
(ii)
update on the lieutenant governor's website the number of signatures certified as 
of the date of the update.
(3)
The local clerk:
(a)
shall, except as provided in Subsection 
(3)(b)
, declare the referendum petition to be 
sufficient or insufficient:
(i)
in relation to the manual referendum process, no later than 111 days after the day 
of the deadline, described in Subsection 
20A-7-105(5)(a)(iv)
, to submit a 
referendum packet to the county clerk; or
(ii)
in relation to the electronic referendum process, no later than 111 days after the 
day of the deadline, described in Subsection 
20A-7-616(2)
, to collect a signature; 
or
(b)
may declare the referendum petition to be insufficient before the day described in 
Subsection 
(3)(a)
 if:
(i)
in relation to the manual referendum process, the total of all valid signatures on 
timely and lawfully submitted referendum packets that have been certified by the 
county clerk, plus the number of signatures on timely and lawfully submitted 
referendum packets that have not yet been evaluated for certification, is less than 
the number of names required under Section 
20A-7-601
;
(ii)
in relation to the electronic referendum process, the total of all timely and 
lawfully submitted valid signatures that have been certified by the county clerks, 
plus the number of timely and lawfully submitted valid signatures received under 
Subsection 
20A-21-201(6)(b)
 that have not yet been evaluated for certification, is 
less than the number of names required under Section 
20A-7-601
; or
(iii)
a requirement of this part has not been met.
(4)
(a)
If the total number of names certified under Subsection 
(3)
 equals or exceeds the 
number of names required under Section 
20A-7-601
, and the requirements of this 
part are met, the local clerk shall mark upon the front of the referendum petition the 
word "sufficient."
(b)
If the total number of names certified under Subsection 
(3)
 does not equal or exceed 
the number of names required under Section 
20A-7-601
 or a requirement of this part 
is not met, the local clerk shall mark upon the front of the referendum petition the 
word "insufficient."
(c)
The local clerk shall immediately notify any one of the sponsors of the local clerk's 
finding.
(d)
After a referendum petition is declared insufficient, a person may not submit 
additional signatures to qualify the referendum for the ballot.
(5)
(a)
If the local clerk refuses to declare a referendum petition sufficient, any voter 
may, no later than 10 days after the day on which the local clerk declares the 
referendum petition insufficient, apply to the appropriate court for an order finding 
the referendum petition legally sufficient.
(b)
If the court determines that the referendum petition is legally sufficient, the local 
clerk shall mark the referendum petition "sufficient" and consider the declaration of 
sufficiency effective as of the date on which the referendum petition should have 
been declared sufficient by the local clerk's office.
(c)
If the court determines that a referendum petition filed is not legally sufficient, the 
court may enjoin the local clerk and all other officers from:
(i)
certifying or printing the ballot title and numbers of that referendum on the official 
ballot for the next election; or
(ii)
as it relates to a local 
tax
fiscal
 law that is conducted entirely by mail, certifying, 
printing, or mailing the ballot title and numbers of that referendum under Section 
20A-7-609.5
.
(6)
A referendum petition determined to be sufficient in accordance with this section is 
qualified for the ballot.
(7)
(a)
Except as provided in Subsection 
(7)(b)
 or 
(c)
, if a referendum relates to 
legislative action taken after April 15, the election officer may not place the 
referendum on an election ballot until a primary election, a general election, or a 
special election the following year.
(b)
The election officer may place a referendum described in Subsection 
(7)(a)
 on the 
ballot for a special, primary, or general election held during the year that the 
legislative action was taken if the following agree, in writing, on a timeline to place 
the referendum on that ballot:
(i)
the local clerk;
(ii)
the county clerk; and
(iii)
the attorney for the county or municipality that took the legislative action.
(c)
For a referendum on a land use law, if, before August 30, the local clerk or a court 
determines that the total number of certified names equals or exceeds the number of 
signatures required in Section 
20A-7-601
, the election officer shall place the 
referendum on the election ballot for:
(i)
the next general election; or
(ii)
another election, if the following agree, in writing, on a timeline to place the 
referendum on that ballot:
(A)
the affected owners, as defined in Section 
10-9a-103
 or 
17-27a-103
, as 
applicable;
(B)
the local clerk;
(C)
the county clerk; and
(D)
the attorney for the county or municipality that took the legislative action.
Section 7, Section 
20A-7-609.5
 is amended to read:
20A-7-609.5. Election on referendum challenging local fiscal law conducted 
entirely by mail.
(1)
An election officer may administer an election on a referendum challenging a local 
tax
fiscal
 law entirely by mail.
(2)
For purposes of an election conducted under this section, the election officer shall:
(a)
designate as the election day the day that is 30 days after the day on which the 
election officer complies with Subsection 
(2)(b)
; and
(b)
within 30 days after the day on which the referendum described in Subsection 
(1)
qualifies for the ballot, mail to each registered voter within the voting precincts to 
which the local 
tax
fiscal
 law applies:
(i)
a manual ballot;
(ii)
a statement that there will be no polling place for the election;
(iii)
a statement specifying the election day described in Subsection 
(2)(a)
;
(iv)
a business reply mail envelope;
(v)
instructions for returning the ballot that include an express notice about any 
relevant deadlines that the voter must meet in order for the voter's vote to be 
counted;
(vi)
a warning, on a separate page of colored paper in boldface print, indicating that if 
the voter fails to follow the instructions included with the manual ballot, the voter 
will be unable to vote in that election because there will be no polling place for the 
election; and
(vii)
(A)
a copy of the proposition information pamphlet relating to the referendum 
if a proposition information pamphlet relating to the referendum was published 
under Section 
20A-7-401.5
; or
(B)
a website address where an individual may view a copy of the proposition 
information pamphlet described in Subsection 
(2)(b)(vii)(A)
.
(3)
An election officer who administers an election under this section shall:
(a)
(i)
obtain, in person, the signatures of each voter within that voting precinct before 
the election; or
(ii)
obtain the signature of each voter within the voting precinct from the county 
clerk; and
(b)
maintain the signatures on file in the election officer's office.
(4)
(a)
Upon receiving a returned manual ballot under this section, the election officer 
shall compare the signature on each return envelope with the voter's signature that is 
maintained on file and verify that the signatures are the same.
(b)
If the election officer questions the authenticity of the signature on the return 
envelope, the election officer shall immediately contact the voter to verify the 
signature.
(c)
If there is not a signature on the return envelope or if the election officer determines 
that the signature on the return envelope does not match the voter's signature that is 
maintained on file, the election officer shall:
(i)
disqualify the ballot; and
(ii)
notify the voter of the disqualification and the reason for the disqualification.
Section 8, Section 
20A-7-613
 is amended to read:
20A-7-613. Property tax or local fiscal law referendum petition.
(1)
As used in this section, "certified tax rate" means the same as that term is defined in 
Section 
59-2-924
.
(2)
Except as provided in this section, the requirements of this part apply to a referendum 
petition challenging a taxing entity's legislative body's vote
:
(a)
to impose a tax rate that exceeds the certified tax rate
.
; or
(b)
to impose a transportation utility fee, or increase an existing transportation utility fee, 
under Section 
10-6-134.5
.
(3)
Notwithstanding Subsection 
20A-7-105(5)(a)(iv)
, the sponsors or an agent of the 
sponsors shall deliver a signed and verified referendum packet to the county clerk of the 
county in which the packet was circulated before 5 p.m. no later than the earlier of:
(a)
30 days after the day on which the first individual signs the packet; or
(b)
40 days after the day on which the local clerk complies with Subsection 
20A-7-604(3)
.
(4)
Notwithstanding Subsections 
20A-7-105(6)(a)
 and 
(9)
, the county clerk shall take the 
actions required in Subsections 
20A-7-105(6)(a)
 and 
(9)
 within 10 working days after 
the day on which the county clerk receives the signed and verified referendum packet as 
described in Subsection 
(3)
.
(5)
The local clerk shall take the actions required by Section 
20A-7-607
 within two 
working days after:
(a)
in relation to the manual referendum process, the day on which the local clerk 
receives the referendum packets from the county clerk; or
(b)
in relation to the electronic referendum process, the deadline described in Subsection 
20A-7-616(2)
.
(6)
Notwithstanding Subsection 
20A-7-608(2)
, the local attorney shall prepare the ballot 
title within two working days after the day on which the referendum petition is declared 
sufficient for submission to a vote of the people.
(7)
Notwithstanding Subsection 
20A-7-609(2)(c)
, a referendum that qualifies for the ballot 
under this section shall appear on the ballot for the earlier of the next regular general 
election or the next municipal general election unless a special election is called.
(8)
The election officer shall mail manual ballots on a referendum under this section the 
later of:
(a)
the time provided in Section 
20A-3a-202
 or 
20A-16-403
; or
(b)
the time that ballots are prepared for mailing under this section.
(9)
Section 
20A-7-402
 does not apply to a referendum described in this section.
(10)
(a)
(i)
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)
(A)
the certified tax rate for the fiscal year during which the referendum 
petition is filed is its most recent certified tax rate; and
(ii)
(B)
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)
(A)
 are the proposed increased revenues budgeted, adopted, and approved by 
the taxing entity's legislative body before the filing of the referendum petition.
(b)
(ii)
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)
(iii)
If the tax rate is set in accordance with Subsection 
(10)(a)(ii)
(10)(a)(i)(B)
, 
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.
(b)
(i)
If a majority of voters does not vote against imposing a transportation utility 
fee, or increasing an existing transportation utility fee, the imposition of the 
transportation utility fee or the increase to an existing transportation utility fee is 
valid.
(ii)
If a majority of voters votes against imposing a transportation utility fee, or 
increasing an existing transportation utility fee, the taxing entity's legislative body 
shall repeal the imposition of the transportation utility fee or the increase to the 
existing transportation utility fee, as applicable.
(11)
The ballot title shall, at a minimum, include in substantially this form the following: 
(a)
for a referendum challenging a taxing entity's legislative body's vote to impose a tax 
rate that exceeds the certified tax rate: 
"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]."
.
; or
(b)
for a referendum challenging a taxing entity's legislative body's vote to impose or 
increase a transportation utility fee under Section 
10-6-134.5
: "Shall the [name of the 
taxing entity] be authorized to impose a transportation utility fee in amounts 
sufficient to generate [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 9. 
Effective date.
This bill takes effect on 
May 7, 2025
.
2-7-25 4:31 PM