Bill Summary – FastDemocracy

Enrolled Copy                                                                           H.B. 68
                                  PETITION AMENDMENTS
                                      2023 GENERAL SESSION
                                          STATE OF UTAH
                             Chief Sponsor: Judy Weeks Rohner
                                Senate Sponsor: Chris H. Wilson
 Cosponsors:                         Brett Garner Raymond P. Ward
 Cheryl K. Acton Marsha Judkins Christine F. Watkins
 Gay Lynn Bennion Rosemary T. Lesser
 Kera Birkeland Angela Romero Jefferson S. Burton
10
 LONG TITLE
 General Description:
        This bill consolidates and amends provisions relating to multiple types of petitions.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < merges into a single part in the Election Code provisions relating to the process of
 gathering signatures for, and removing signatures from, multiple types of petitions;
 and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides a coordination clause.
 Utah Code Sections Affected:
 AMENDS:
        10-2-601, as last amended by Laws of Utah 1993, Chapter 227
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     10-2-701, as enacted by Laws of Utah 1981, Chapter 55
     10-2a-208, as last amended by Laws of Utah 2019, Chapter 165
     10-2a-209, as last amended by Laws of Utah 2019, Chapter 165
     17-2-102, as enacted by Laws of Utah 2009, Chapter 350
     17-2-103, as renumbered and amended by Laws of Utah 2009, Chapter 350
     17-2-202, as enacted by Laws of Utah 2009, Chapter 350
     17-2-203, as renumbered and amended by Laws of Utah 2009, Chapter 350
     17-3-1, as last amended by Laws of Utah 2011, Chapter 297
     17-11-2, as last amended by Laws of Utah 2011, Chapter 297
     17-52a-303, as last amended by Laws of Utah 2020, Chapter 47
     17-52a-505, as renumbered and amended by Laws of Utah 2018, Chapter 68
     17B-1-205, as last amended by Laws of Utah 2011, Chapter 68
     17B-1-209, as last amended by Laws of Utah 2011, Chapter 68
     17B-1-506, as last amended by Laws of Utah 2011, Chapter 297
     17B-1-507, as renumbered and amended by Laws of Utah 2007, Chapter 329
     17B-1-1301, as renumbered and amended by Laws of Utah 2007, Chapter 329
     17B-1-1305, as renumbered and amended by Laws of Utah 2007, Chapter 329
     17D-2-502, as enacted by Laws of Utah 2008, Chapter 360
     20A-7-101, as last amended by Laws of Utah 2022, Chapters 288, 325
     20A-7-206.1, as enacted by Laws of Utah 2021, Chapter 140
     20A-7-207, as last amended by Laws of Utah 2022, Chapter 325
     20A-7-208, as last amended by Laws of Utah 2019, Chapter 275
     20A-7-213, as last amended by Laws of Utah 2022, Chapter 325
     20A-7-216, as enacted by Laws of Utah 2022, Chapter 325
     20A-7-307, as last amended by Laws of Utah 2022, Chapters 274, 325
     20A-7-314, as enacted by Laws of Utah 2022, Chapter 325
     20A-7-401.5, as last amended by Laws of Utah 2021, Chapters 84, 140 and 345
     20A-7-507, as last amended by Laws of Utah 2022, Chapter 325
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      Enrolled Copy                                                                      H.B. 68
       20A-7-515, as enacted by Laws of Utah 2022, Chapter 325
       20A-7-607, as last amended by Laws of Utah 2022, Chapters 274, 325
       20A-7-613, as last amended by Laws of Utah 2022, Chapter 325
       20A-7-615, as enacted by Laws of Utah 2022, Chapter 325
       20A-8-103, as last amended by Laws of Utah 2019, Chapter 255
       20A-9-203, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
       20A-9-403, as last amended by Laws of Utah 2022, Chapter 325
       20A-9-404, as last amended by Laws of Utah 2019, Chapters 142, 255 and last
 amended by Coordination Clause, Laws of Utah 2019, Chapter 142
       20A-9-408, as last amended by Laws of Utah 2022, Chapters 13, 325
       20A-9-502, as last amended by Laws of Utah 2022, Chapter 13
       20A-11-802, as last amended by Laws of Utah 2019, Chapter 116
       20A-15-103, as last amended by Laws of Utah 2019, Chapter 255
       20A-21-201, as enacted by Laws of Utah 2022, Chapter 325
       53G-3-301, as last amended by Laws of Utah 2019, Chapter 293
       53G-3-401, as last amended by Laws of Utah 2019, Chapter 293
       53G-3-501, as last amended by Laws of Utah 2019, Chapter 293
       73-10d-4, as last amended by Laws of Utah 2005, Chapter 105
 ENACTS:
       20A-1-1001, Utah Code Annotated 1953
       20A-1-1002, Utah Code Annotated 1953
       20A-1-1003, Utah Code Annotated 1953
       20A-7-105, Utah Code Annotated 1953
 REPEALS:
       20A-7-205, as last amended by Laws of Utah 2022, Chapter 325
       20A-7-206, as last amended by Laws of Utah 2022, Chapter 325
       20A-7-206.3, as last amended by Laws of Utah 2022, Chapter 325
       20A-7-305, as last amended by Laws of Utah 2022, Chapter 325
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        H.B. 68                                                                        Enrolled Copy
        20A-7-306, as last amended by Laws of Utah 2022, Chapter 325
        20A-7-306.3, as last amended by Laws of Utah 2022, Chapter 325
        20A-7-505, as last amended by Laws of Utah 2022, Chapter 325
        20A-7-506, as last amended by Laws of Utah 2022, Chapter 325
        20A-7-506.3, as last amended by Laws of Utah 2022, Chapter 325
        20A-7-605, as last amended by Laws of Utah 2022, Chapter 325
        20A-7-606, as last amended by Laws of Utah 2022, Chapter 325
        20A-7-606.3, as last amended by Laws of Utah 2022, Chapter 325
 Utah Code Sections Affected by Coordination Clause:
        10-2a-208, as last amended by Laws of Utah 2019, Chapter 165
        20A-1-1003, Utah Code Annotated 1953
        20A-7-307, as last amended by Laws of Utah 2022, Chapters 274 and 325
 96
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 10-2-601 is amended to read:
        10-2-601. Consolidation of two or more municipalities -- Certification of petition
 signatures -- Removal of signature.
        (1) The process for consolidating municipalities shall begin by filing with the county
 legislative bodies of the respective counties in which the municipalities are located:
        [(1)] (a) resolutions passed by the governing bodies of the municipalities which state
 their intention and desire to form a consolidated municipality; or
        [(2)] (b) petitions signed by at least 10% of the registered voters in each of the
 municipalities to be included with the boundaries of the consolidated municipality.
        (2) (a) Within three business days after the day on which a county legislative body
 receives a petition under Subsection (1)(b), the county legislative body shall provide the
 petition to the county clerk.
        (b) Within 14 days after the day on which a county clerk receives a petition from the
 county legislative body under Subsection (2)(a), the county clerk shall:
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        Enrolled Copy                                                                              H.B. 68
        (i) use the procedures described in Section 20A-1-1002 to determine whether the
 petition satisfies the requirements of Subsection (1)(b);
        (ii) certify on the petition whether each name is that of a registered voter in one of the
 municipalities to be included within the boundaries of the consolidated municipality; and
        (iii) deliver the certified petition to the county legislative body.
        (3) (a) A voter who signs a petition under this section may have the voter's signature
 removed from the petition by, no later than three business days after the day on which the
 county legislative body provides the petition to the county clerk, submitting to the county clerk
 a statement requesting that the voter's signature be removed.
        (b) A statement described in Subsection (3)(a) shall comply with the requirements
 described in Subsection 20A-1-1003(2).
        (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to
 determine whether to remove an individual's signature from a petition after receiving a timely,
 valid statement requesting removal of the signature.
        Section 2. Section 10-2-701 is amended to read:
        10-2-701. Petition for disincorporation -- Validity -- Certification of petition
 signatures -- Removal of signature -- District court order for election.
        (1) Disincorporation of a municipality shall be initiated upon petition.
        (2) The petition shall bear signatures equal in number to 25% of all votes cast from the
 municipality at the last congressional election.
        (3) No signature is valid, for purposes of this section, unless it is that of a registered
 voter who is a resident of the municipality proposed for disincorporation.
        (4) The petition containing the specified number of signatures shall be filed with the
 county clerk for validation by that officer.
        (5) Within 21 days after the day on which the county clerk receives a petition, the
 county clerk shall:
        (a) use the procedures described in Section 20A-1-1002 to determine whether the
 petition satisfies the requirements of Subsection (2); and
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        H.B. 68                                                                           Enrolled Copy
        (b) certify on the petition whether each name is that of a registered voter from the
 municipality.
        (6) (a) A voter who signs a petition under this section may have the voter's signature
 removed from the petition by, no later than three business days after the day on which the
 petition is filed with the county clerk, submitting to the county clerk a statement requesting that
 the voter's signature be removed.
        (b) A statement described in Subsection (6)(a) shall comply with the requirements
 described in Subsection 20A-1-1003(2).
        (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to
 determine whether to remove an individual's signature from a petition after receiving a timely,
 valid statement requesting removal of the signature.
        (7) If the county clerk finds the petition valid, the clerk shall file the original with the
 district court and furnish a copy to the governing body of the municipality.
        (8) The district court, upon determining that the petition comports with Section
 10-2-701.5 and that it does not offend Section 10-2-710 and is otherwise complete, shall order
 that the question of dissolution be placed before the voters of the municipality.
        Section 3. Section 10-2a-208 is amended to read:
        10-2a-208. Incorporation petition -- Requirements and form -- Removal of
 signature.
        (1) At any time within one year after the day on which the lieutenant governor
 completes the public hearings described in Section 10-2a-207, individuals within the proposed
 municipality may proceed with the incorporation process by circulating and submitting to the
 lieutenant governor an incorporation petition that, to be certified under Subsection
 10-2a-209(1)(b)(i), is required to be signed by:
        (a) 10% of all registered voters within the area proposed to be incorporated as a
 municipality, as of the date the petition is filed;
        (b) if the petition proposes the incorporation of a city, and subject to Subsection [(4)]
 (5), 10% of all registered voters within 90% of the voting precincts within the area proposed to
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        Enrolled Copy                                                                               H.B. 68
 be incorporated as a city, as of the date the petition is filed; and
         (c) the owners of private real property that:
         (i) is located within the proposed municipality;
         (ii) covers at least 10% of the total private land area within the proposed municipality;
 and
         (iii) is equal in value to at least 7% of the value of all private real property within the
 proposed municipality.
         (2) The petition sponsors shall ensure that the petition:
         (a) includes the typed or printed name and current residence address of each voter that
 signs the petition;
         (b) describes the area proposed to be incorporated as a municipality, as described in the
 feasibility study request or modified request that complies with Subsection 10-2a-205(6)(a);
         (c) states the proposed name for the proposed municipality;
         (d) designates five signers of the petition as petition sponsors, one of whom is
 designated as the contact sponsor, with the mailing address and telephone number of each;
         (e) if the sponsors propose the incorporation of a city, states that the signers of the
 petition appoint the sponsors, if the incorporation measure passes, to represent the signers in:
         (i) selecting the number of commission or council members the new city will have; and
         (ii) drawing district boundaries for the election of council members, if the voters
 decide to elect council members by district;
         (f) is accompanied by and circulated with an accurate plat or map, prepared by a
 licensed surveyor, showing the boundaries of the proposed municipality; and
         (g) substantially complies with and is circulated in the following form:
         "PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
 municipality)
         To the Honorable Lieutenant Governor:
         We, the undersigned registered voters within the area described in this petition,
 respectfully petition the lieutenant governor to direct the county legislative body to submit to
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        H.B. 68                                                                          Enrolled Copy
 the registered voters residing within the area described in this petition, at the next regular
 general election, the question of whether the area should incorporate as a municipality. Each of
 the undersigned affirms that each has personally signed this petition and is a registered voter
 who resides within the described area, and that the current residence address of each is
 correctly written after the signer's name. The area proposed to be incorporated as a
 municipality is described as follows: (insert an accurate description of the area proposed to be
 incorporated)."
        (3) A valid signature on a request described in Section 10-2a-202 or a modified request
 described in Section 10-2a-206 may not be used toward fulfilling the signature requirement
 described in Subsection (1):
        (a) if the request notified the signer in conspicuous language that the signature, unless
 withdrawn, would also be used for a petition for incorporation under this section; and
        (b) unless the signer files with the lieutenant governor a written withdrawal of the
 signature before the petition is filed under this section with the lieutenant governor.
        (4) (a) A voter who signs an incorporation petition may have the voter's signature
 removed from the petition by, no later than three business days after the day on which the
 petition is submitted to the lieutenant governor, submitting to the lieutenant governor a
 statement requesting that the voter's signature be removed.
        (b) A statement described in Subsection (4)(a) shall comply with the requirements
 described in Subsection 20A-1-1003(2).
        (c) The lieutenant governor shall use the procedures described in Subsection
 20A-1-1003(3) to determine whether to remove an individual's signature from a petition after
 receiving a timely, valid statement requesting removal of the signature.
        [(4)] (5) (a) A signature does not qualify under Subsection (1)(b) if the signature is
 gathered from a voting precinct that:
        (i) except in a proposed municipality that will be a city of the fifth class, is not located
 entirely within the boundaries of a proposed city; or
        (ii) includes less than 50 registered voters.
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        Enrolled Copy                                                                             H.B. 68
         (b) A voting precinct that is not located entirely within the boundaries of the proposed
 city does not qualify as a voting precinct under Subsection (1)(b).
         Section 4. Section 10-2a-209 is amended to read:
         10-2a-209. Processing of petition by lieutenant governor -- Certification or
 rejection -- Petition modification.
         (1) Within 45 days after the day on which an incorporation petition is filed under
 Section 10-2a-208, the lieutenant governor shall:
         (a) (i) use the procedures described in Section 20A-1-1002 to determine whether a
 signer is a registered voter; and
         (ii) with the assistance of other county officers of the county in which the incorporation
 is proposed, and from whom the lieutenant governor re