Bill Summary – FastDemocracy

Enrolled Copy                                                                          H.B. 218
                             BALLOT MEASURE AMENDMENTS
                                       2022 GENERAL SESSION
                                            STATE OF UTAH
                              Chief Sponsor: Jordan D. Teuscher
                               Senate Sponsor: Jerry W. Stevenson
 6
 LONG TITLE
 General Description:
         This bill amends provisions relating to ballot measures.
 Highlighted Provisions:
         This bill:
         < defines terms;
         < modifies provisions relating to a ballot title for a constitutional amendment;
         < establishes a process for the electronic collection of signatures, in the presence of a
 signature gatherer using an approved device, as follows:
             C   for a statewide referendum, or a petition seeking the nomination of a registered
 political party; or
             C   for a local initiative or a local referendum;
         < limits eligible signatures on a petition to registered voters;
         < modifies criminal provisions in relation to eligibility to sign a petition;
         < provides for the security of signatures and information collected in relation to
 signatures; and
         < makes technical and conforming changes.
 Money Appropriated in this Bill:
         None
 Other Special Clauses:
         This bill provides a special effective date.
 Utah Code Sections Affected:
      H.B. 218
                                                                               Enrolled Copy
 AMENDS:
       10-9a-509, as last amended by Laws of Utah 2021, Chapters 140 and 385
       11-14-301, as last amended by Laws of Utah 2021, Chapter 140
       17-27a-508, as last amended by Laws of Utah 2021, Chapters 140 and 385
       20A-1-306, as last amended by Laws of Utah 2019, Chapter 24
       20A-1-609, as last amended by Laws of Utah 2021, Chapters 140 and 418
       20A-7-101, as last amended by Laws of Utah 2021, Chapter 80
       20A-7-103, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
       20A-7-203, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
 amended by Coordination Clause, Laws of Utah 2021, Chapter 418
       20A-7-204, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
 amended by Coordination Clause, Laws of Utah 2021, Chapter 418
       20A-7-205, as last amended by Laws of Utah 2021, Chapter 140
       20A-7-206, as last amended by Laws of Utah 2021, Chapters 140 and 418
       20A-7-206.3, as last amended by Laws of Utah 2019, Chapter 210
       20A-7-207, as last amended by Laws of Utah 2021, Chapter 140
       20A-7-213, as last amended by Laws of Utah 2019, Chapter 210
       20A-7-303, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
 amended by Coordination Clause, Laws of Utah 2021, Chapter 418
       20A-7-304, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
 amended by Coordination Clause, Laws of Utah 2021, Chapter 418
       20A-7-304.5, as enacted by Laws of Utah 2021, Chapter 418
       20A-7-305, as last amended by Laws of Utah 2021, Chapter 140
       20A-7-306, as last amended by Laws of Utah 2021, Chapters 140 and 418
       20A-7-306.3, as last amended by Laws of Utah 2021, Chapter 140
       20A-7-307, as last amended by Laws of Utah 2021, Chapter 140
       20A-7-312, as last amended by Laws of Utah 2019, Chapter 210
                                                -2-
      Enrolled Copy                                                                      H.B. 218
       20A-7-502.6, as enacted by Laws of Utah 2021, Chapter 418
       20A-7-502.7, as last amended by Laws of Utah 2021, Chapter 418
       20A-7-503, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
 amended by Coordination Clause, Laws of Utah 2021, Chapter 418
       20A-7-504, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
 amended by Coordination Clause, Laws of Utah 2021, Chapter 418
       20A-7-505, as last amended by Laws of Utah 2021, Chapter 140
       20A-7-506, as last amended by Laws of Utah 2021, Chapters 140 and 418
       20A-7-506.3, as last amended by Laws of Utah 2021, Chapter 140
       20A-7-507, as last amended by Laws of Utah 2021, Chapter 140
       20A-7-512, as last amended by Laws of Utah 2019, Chapter 203
       20A-7-602.7, as last amended by Laws of Utah 2021, Chapter 418
       20A-7-602.8, as last amended by Laws of Utah 2021, Chapter 418
       20A-7-603, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
 amended by Coordination Clause, Laws of Utah 2021, Chapter 418
       20A-7-604, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
 amended by Coordination Clause, Laws of Utah 2021, Chapter 418
       20A-7-604.5, as enacted by Laws of Utah 2021, Chapter 418
       20A-7-605, as last amended by Laws of Utah 2021, Chapter 140
       20A-7-606, as last amended by Laws of Utah 2021, Chapters 140 and 418
       20A-7-606.3, as last amended by Laws of Utah 2021, Chapter 140
       20A-7-607, as last amended by Laws of Utah 2021, Chapters 80 and 140
       20A-7-611, as last amended by Laws of Utah 2021, Chapter 140
       20A-7-612, as last amended by Laws of Utah 2019, Chapter 203
       20A-7-613, as last amended by Laws of Utah 2021, Chapter 140
       20A-9-101, as last amended by Laws of Utah 2020, Chapter 344
       20A-9-403, as last amended by Laws of Utah 2020, Chapter 22
                                                -3-
        H.B. 218
                                                                                        Enrolled Copy
        20A-9-405, as last amended by Laws of Utah 2018, Chapter 281
        20A-9-408, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
 ENACTS:
        20A-7-215, Utah Code Annotated 1953
        20A-7-216, Utah Code Annotated 1953
        20A-7-217, Utah Code Annotated 1953
        20A-7-313, Utah Code Annotated 1953
        20A-7-314, Utah Code Annotated 1953
        20A-7-315, Utah Code Annotated 1953
        20A-7-514, Utah Code Annotated 1953
        20A-7-515, Utah Code Annotated 1953
        20A-7-516, Utah Code Annotated 1953
        20A-7-614, Utah Code Annotated 1953
        20A-7-615, Utah Code Annotated 1953
        20A-7-616, Utah Code Annotated 1953
        20A-21-101, Utah Code Annotated 1953
        20A-21-201, Utah Code Annotated 1953
100
 Be it enacted by the Legislature of the state of Utah:
        Section 1. 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
                                                      -4-
        Enrolled Copy                                                                           H.B. 218
         (B) applicable to the application or to the information shown on the application.
         (ii) An applicant is entitled to approval of a land use application if the application
 conforms to the requirements of the applicable land use regulations, land use decisions, and
 development standards in effect when the applicant submits a complete application and pays
 application fees, unless:
         (A) the land use authority, on the record, formally finds that a compelling,
 countervailing public interest would be jeopardized by approving the application and specifies
 the compelling, countervailing public interest in writing; or
         (B) in the manner provided by local ordinance and before the applicant submits the
 application, the municipality formally initiates proceedings to amend the municipality's land
 use regulations in a manner that would prohibit approval of the application as submitted.
         (b) The municipality shall process an application without regard to proceedings the
 municipality initiated to amend the municipality's ordinances as described in Subsection
 (1)(a)(ii)(B) if:
         (i) 180 days have passed since the municipality initiated the proceedings; and
         (ii) the proceedings have not resulted in an enactment that prohibits approval of the
 application as submitted.
         (c) A land use application is considered submitted and complete when the applicant
 provides the application in a form that complies with the requirements of applicable ordinances
 and pays all applicable fees.
         (d) A subsequent incorporation of a municipality or a petition that proposes the
 incorporation of a municipality does not affect a land use application approved by a county in
 accordance with Section 17-27a-508.
         (e) The continuing validity of an approval of a land use application is conditioned upon
 the applicant proceeding after approval to implement the approval with reasonable diligence.
         (f) A municipality may not impose on an applicant who has submitted a complete
 application a requirement that is not expressed in:
                                                       -5-
        H.B. 218
                                                                                       Enrolled Copy
         (i) this chapter;
         (ii) a municipal ordinance; or
         (iii) a municipal specification for public improvements applicable to a subdivision or
 development that is in effect on the date that the applicant submits an application.
         (g) A municipality may not impose on a holder of an issued land use permit or a final,
 unexpired subdivision plat a requirement that is not expressed:
         (i) in a land use permit;
         (ii) on the subdivision plat;
         (iii) in a document on which the land use permit or subdivision plat is based;
         (iv) in the written record evidencing approval of the land use permit or subdivision
 plat;
         (v) in this chapter; or
         (vi) in a municipal ordinance.
         (h) Except as provided in Subsection (1)(i), a municipality may not withhold issuance
 of a certificate of occupancy or acceptance of subdivision improvements because of an
 applicant's failure to comply with a requirement that is not expressed:
         (i) in the building permit or subdivision plat, documents on which the building permit
 or subdivision plat is based, or the written record evidencing approval of the land use permit or
 subdivision plat; or
         (ii) in this chapter or the municipality's ordinances.
         (i) A municipality may not unreasonably withhold issuance of a certificate of
 occupancy where an applicant has met all requirements essential for the public health, public
 safety, and general welfare of the occupants, in accordance with this chapter, unless:
         (i) the applicant and the municipality have agreed in a written document to the
 withholding of a certificate of occupancy; or
         (ii) the applicant has not provided a financial assurance for required and uncompleted
 landscaping or infrastructure improvements in accordance with an applicable ordinance that the
                                                       -6-
        Enrolled Copy                                                                            H.B. 218
 legislative body adopts under this chapter.
        (2) A municipality is bound by the terms and standards of applicable land use
 regulations and shall comply with mandatory provisions of those regulations.
        (3) A municipality may not, as a condition of land use application approval, require a
 person filing a land use application to obtain documentation regarding a school district's
 willingness, capacity, or ability to serve the development proposed in the land use application.
        (4) (a) Except as provided in Subsection (4)(b), for a period of 10 years after the day on
 which a subdivision plat is recorded, a municipality may not impose on a building permit
 applicant for a single-family dwelling located within the subdivision any land use regulation
 that is enacted within 10 years after the day on which the subdivision plat is recorded.
        (b) Subsection (4)(a) does not apply to any changes in the requirements of the
 applicable building code, health code, or fire code, or other similar regulations.
        (5) 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.
        (6) (a) If sponsors of a referendum timely challenge a project in accordance with
 Subsection 20A-7-601(5), 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)] 20A-7-607(5).
        (b) Upon delivery of a written notice described in Subsection (6)(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.
                                                         -7-
        H.B. 218
                                                                                          Enrolled Copy
          Section 2. Section 11-14-301 is amended to read:
          11-14-301. Issuance of bonds by governing body -- Computation of indebtedness
 under constitutional and statutory limitations.
          (1) If the governing body has declared the bond proposition to have carried and no
 contest has been filed, or if a contest has been filed and favorably terminated, the governing
 body may proceed to issue the bonds voted at the election.
          (2) (a) It is not necessary that all of the bonds be issued at one time, but, except as
 otherwise provided in this Subsection (2), bonds approved by the voters may not be issued
 more than 10 years after the day on which the election is held.
          (b) The 10-year period described in Subsection (2)(a) is tolled if, at any time during the
 10-year period:
          (i) an application for a referendum petition is filed with a local clerk, in accordance
 with Section 20A-7-602, with respect to the local obligation law relating to the bonds; or
          (ii) the bonds are challenged in a court of law or an administrative proceeding in
 relation to:
          (A) the legality or validity of the bonds, or the election or proceedings authorizing the
 bonds;
          (B) the authority of the local political subdivision to issue the bonds;
          (C) the provisions made for the security or payment of the bonds; or
          (D) any other issue that materially and adversely affects the marketability of the bonds,
 as determined by the individual or body that holds the executive powers of the local political
 subdivision.
          (c) For a bond described in this section that is approved by voters on or after May 8,
 2002, but before May 14, 2019, a tolling period described in Subsection (2)(b)(i) ends on the
 later of the day on which:
          (i) the local clerk determines that the petition is insufficient, in accordance with
 Subsection [20A-7-607(2)(e)] 20A-7-607(3)(d), unless an application, described in Subsection
                                                        -8-
        Enrolled Copy                                                                            H.B. 218
 [20A-7-607(3)(a)] 20A-7-607(4)(a), is made to a court;
        (ii) a court determines, under Subsection [20A-7-607(3)(c)] 20A-7-607(4)(c), that the
 petition for the referendum is not legally sufficient; or
        (iii) for a referendum petition that is sufficient, the governing body declares, as
 provided by law, the results of the referendum election on the local obligation law.
        (d) For a bond described in this section that was approved by voters on or after May
 14, 2019, a tolling period described in Subsection (2)(b)(i) ends:
        (i) if a county, city, town, metro township, or court determines, under Section
 20A-7-602.7, that the proposed referendum is not legally referable to voters, the later of:
        (A) the day on which the county, city, town, or metro township provides the notice
 described in Subsection 20A-7-602.7(1)(b)(ii); or
        (B) if a sponsor appeals, under Subsection 20A-7-602.7(4), the day on which a court
 decision that the proposed referendum is not legally referable to voters becomes final; or
        (ii) if a county, city, town, metro township, or court determines, under Section
 20A-7-602.7, that the proposed referendum is legally referable to voters, the later of:
        (A) the