Welcome to The Senate Site

Tuesday, February 26, 2008

The Unintended Consequences of 2007’s H.B. 466

Senator Dennis E. Stowell
Utah State Senator, District 28

Senator Kevin VanTassell
Utah State Senator, District 26

Last year’s H.B. 466 had a variety of unintended, and unpleasant, consequences. Senator Stowell blogged about the issue this past December. Thanks to everyone who responded! We wanted to further update everyone on what the Utah Senate is doing to remedy the current situation.

The goal is to put citizens back in the decision-making process.

S.B. 25 recently passed in the Senate and is now on its way through the process in the House. Click here for a flow chart that explains the new process to incorporate a town under S.B. 25.

The process begins with a petition to incorporate. The petition must:
  • Be signed by legal property owners whose property covers more than 50% of the land area and that is more than 50% of the assessed land value;
  • Be signed by 10% of the registered voters in number, on the date of the petition, equal to at least a majority of those who voted in the last gubernatorial election;
  • Consist of a contiguous area of unincorporated county land;
  • Consist of a population greater than 100 but less than 1000; and
  • Have at least five sponsors, which collectively may not own more than 40% of the land.
  • The petition’s signatures are verified by the County Clerk, and if approved, the petition then passes to the County Legislative Body (“CLB”).
The CLB holds a public hearing to decide whether a feasibility study is required, and if required, the CLB holds a second public hearing on its results. If not required, or if the feasibility study reveals that revenues do NOT exceed costs by more than 10%, the CLB MUST approve incorporation. Pending an election, the prospective town becomes incorporated. If the feasibility study reveals that revenues exceed costs by more than 10%, then the CLB MAY deny, approve, or approve (with sponsor approval) subject to certain conditions or altered boundaries.

9 Comments:

Blogger Voice of Utah said...

While they're at it, how about taking steps to lessen the unintended consequences of legislation? This isn't the first time our legislature has gone, "Oops."

2/26/2008 6:11 PM  
Anonymous Anonymous said...

We need Buttars out of the legislature. He is embarrassing himself and those he represents. I hope Valentine didn't condone this letter:

http://www.deseretnews.com/article/1,5143,695256729,00.html

This is just another reason why Buttars is wrong for Utah!

It is a shame that the Senate (leadership) has had to waste so much of their valuable time this session worrying about the unhinged behavior of Buttars. Something should be done.

2/27/2008 7:52 AM  
Anonymous Anonymous said...

I think SB 25 is step in the right direction. But what about the pending incorporations? Is the Senate going to uphold the rights of the few high dollar developers or protect the citizens of Utah. Either way, it likely to end up in court. It's time to make the new law retroactive and stop trampling on the citizens rights. Amend SB 25 to require pending incorporations to follow the revised law. Or at the very least let the effected residents elect their own council members.

Ryan Taylor
Wasatch County

2/28/2008 12:39 PM  
Blogger Boyd said...

All due respect. YOU ALL SCREWED UP ON THIS ONE. HB466 is nothing short of a legal dictatorship. Where in the constitution does it say we can be taxed WITHOUT representation? To allow the developer to run the town for the first two years goes against everything this country was foundeded on. Then to not completely undo this evil law you created you will sit back and watch developers rule the citizens who you should be supporting. Many of you have admitted that you screwed up on this one, you should do the right thing and undo what you have done. This is UN constitutional.

Boyd Thaxton
Daniel, UT

2/28/2008 7:29 PM  
Anonymous Brandon said...

I'm with Boyd. There is no reason the "unintended consequences" of HB 466 should be allowed to proceed. The law is being amended because it is seriously flawed. Don't just fix the flaws, make it so that there is NO possible way the effects of this mistake are allowed to continue threatening people's security.
Also, I am pleased with the efforts of the citizens of Daniel. The fight is not over but we have proven that when good people band together to fight for what is right, great things can be accomplished. It is an honor to be a part of this neighborhood and I am proud to call these people my friends.
Brandon Phelps
Daniel, UT

2/28/2008 9:07 PM  
Blogger Jim said...

I am a resident of Powderville and feel that I was broadsided by the Utah House and Senate bus. They carelessly hit me with HB-466and left the scene of the accident hoping that I have enough insurance to pay for the damage. It is their accident, why do I have to pay to regain my constitutional rights to vote for incorporation and my first town council. I am spending a good portain of my day researching, writing and it looks s like my neighbors an I will have to spend our own money hiring constitutional lawyers to regain our rights. Wouldn't it be the right thing to fess up to their msitake and pay for the damage leaving the innocent unharmed. Speaker Curtis, do the right thing and allowed the retroactive clause stay in the the bill to fix your mistake. You were driving the bus that hit me and my neighbors so take responsibility and pay for the damage.

2/28/2008 9:55 PM  
Anonymous Anonymous said...

I am a resident of Daniel and I'm mad as heck. Because of the "unintended consequences" of HB466 I am personally being sued by this developer, our domestic water company is being sued by this developer, our town is being sued by this developer and our county is being sued by this developer. The town, county and water company have already spend tens of thousands of dollars in legal fees fighting these "unintended consequences" and now private citizens are going to have to raid their retirement accounts to keep from begin bankrupted by the results of these "unintended consequences". Shame on you.

The citizens of Utah have contacted you, their elected representatives, and pleaded to have HB466 fixed so these developers can't continue to rape and pillage and what do you do? You hem, you haw, you drag your feet and make statements like "the law is what it is and we can't change the rules in the middle of the ballgame" (M Brown R Coalville) and "If we did something stupid [last year], it's unfortunate. But people have relied on what we've had done." (G Curtis R - Salt Lake). What about changing the rules in the middle of our game / life? What about people that elected you and pay your salary who are relying on you to fix this mess. Shame on you.

There are single mothers and widows in Wasatch County that are being savaged by these "unintended consequences".

The good citizens of this state are calling on their elected representatives to step up and right these wrongs.

Stop the insanity.

2/29/2008 1:11 PM  
Anonymous Anonymous said...

Jon Jacobsmeyer, East Center creek
Being the newcomer on the block after fleeing the graft and corruption of California I marvel at the decline in ethics of the State of Utah. It used to have a reputation for honesty and integrity but having been introduced to SB466 I can see politians are the same all over. To give a developer the power to start his own town, appoint his own mayor and city council and then possibly use the "right of eminent domain" to punish those who opposed him seems a little on the far left side of the plate. I hope those of you who still have scruples will see the flaw in this thinking and do the right thing. Soon there won't be any old timers in the Heber Valley, just a lot of rich lawyers.

3/01/2008 9:56 AM  
Anonymous Anonymous said...

Well it seems that I have no voice in my own town. I have no civil rights and apparantly the constitution no longer applies. ( Taxation without Representation under HB 466 the officials are not elected therefore taxation imposed is without representation) Not only that, these developers can set their own standards and a new bill is being sponsored this session ( by Mr. Ivory aka Ivory Homes ) that there will be no liability for shoddy workmanship. So if I have a grundle of money, I should start my own town, build homes with 1/5 of today's building standards, make my millions, and then leave and let my new citizens and unfortunate home buyers deal with the consequences. Thank you Speaker of the House Mr. Curtis for stalling all attempts to correct HB 466 ( SB25 and HB 164) I stand to make a fortune and probably you do too since I am sure your firm is representing these developers. God Bless America!

3/02/2008 8:48 PM  

Post a Comment

<< Home

    Senate Site Feed

Home | Profiles | Archive | Links | Official Information | About | Contact | Government 2.0 Lab | Back to Top
© 2008. All rights reserved. Designed by Jeremy Wright & His Brother-In-Law