H.B. 65

1

SPECIAL AND LOCAL DISTRICTS
2 AMENDMENTS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Brad L. Dee
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to special districts and local districts.
11 Highlighted Provisions:
12 This bill:
13 . substantially rewrites, reorganizes, and renumbers provisions related to independent
14 special districts and dependent special districts known as county improvement
15 districts and municipal improvement districts;
16 . consolidates and standardizes provisions relating to district authority, including
17 taxing, bonding, and eminent domain authority, district boards of trustees, actions
18 contesting a district resolution or other action, local district validation proceedings,
19 and other matters, and repeals redundant or inconsistent provisions;
20 . changes terminology applicable to entities previously known as independent special
21 districts, except special service districts, so that they will be known as local
22 districts;
23 . changes terminology applicable to what have previously been known as county
24 improvement districts and municipal improvement districts so that they will be
25 known as assessment areas;
26 . expands the entities that are authorized to designate assessment areas from counties
27 and municipalities to include local districts and special service districts;

28 . authorizes the creation of a new type of limited purposes local government entity
29 known as a basic local district and provides for its authority and the makeup of its
30 board of trustees;
31 . authorizes the creation of a local district by another local district whose boundaries
32 completely encompass the proposed local district if the proposed local district is
33 being created to provide one or more components of the same service that the
34 initiating local district is authorized to provide;
35 . extends eminent domain authority to cemetery maintenance districts and
36 standardizes language related to the eminent domain authority of all local districts
37 that have eminent domain authority;
38 . authorizes local districts to acquire, lease, or construct and operate electrical
39 generation, transmission, and distribution facilities if the facilities are to harness
40 energy that results inherently from the district's operations, the primary purpose of
41 the facilities is incidental to the district's primary operations, and the operation of
42 the facilities will not hinder or interfere with the district's primary operations;
43 . modifies the types of services that local districts may provide;
44 . eliminates a redundant provision regarding the circumstances under which a local
45 district is conclusively presumed to be incorporated;
46 . modifies a provision prohibiting board of trustees members from being employed by
47 the local district;
48 . authorizes a local district's board of trustees to determine the district's fiscal year;
49 . authorizes local districts to combine a notice and hearing related to the district's
50 budget with the notice and hearing on a proposed fee increase;
51 . authorizes local districts to charge on a single bill for multiple commodities,
52 services, or facilities the district provides and to suspend furnishing the commodity,
53 service, or facility for a customer's failure to pay;
54 . authorizes local districts to certify delinquent fees or charges to the county treasurer
55 and so that they become a lien on the customer's property;
56 . increases the debt limit of a former regional service area from 5% to 12% of the
57 taxable value of taxable property in the service area;
58 . increases the debt limit of a cemetery maintenance district from .0001 to .004 of the

59 taxable value of taxable property in the district;
60 . increases the debt limit of a mosquito abatement district from .0001 to .0004 of the
61 taxable value of taxable property in the district;
62 . modifies the calculation of the debt limit of a drainage district from $1.50 per acre
63 to .002 of the taxable value of taxable property in the district;
64 . modifies a provision relating to fire protection districts boards of trustees;
65 . authorizes mosquito abatement districts to establish a reserve fund for extraordinary
66 abatement measures;
67 . authorizes local districts to allow another political subdivision to use surplus
68 capacity or have an ownership interest in district facilities for monetary,
69 nonmonetary, or no consideration;
70 . authorizes local districts to allow another political subdivision or a public or private
71 property owner to use the surface of land on which the district has a right-of-way,
72 for monetary, nonmonetary, or no consideration;
73 . modifies provisions relating to the board of trustees of a metropolitan water district;
74 . modifies the area within which a mosquito abatement district may provide service;
75 . eliminates a public transit district provision relating to labor dispute arbitration;
76 . transforms a former regional service area into a service area and makes the former
77 regional service area subject to provisions applicable to service area;
78 . rewrites and consolidates provisions relating to different classes of water
79 conservancy district assessments;
80 . authorizes a local government entity to finance operation and maintenance costs of
81 improvements through an assessment area;
82 . authorizes a local government entity to add additional property to a designated
83 assessment area under certain circumstances;
84 . authorizes a local government entity to issue bond anticipation notes with respect to
85 anticipated bonds secured by property in an assessment area;
86 . authorizes the levy of assessments in an assessment area by zones;
87 . modifies provisions related to a board of equalization with respect to assessments
88 levied in an assessment area;
89 . authorizes a local government entity to designate a trustee for purposes of

90 foreclosing a lien after a delinquency;
91 . modifies provisions relating to a guaranty fund and reserve fund for paying
92 obligations relating to an assessment area;
93 . allows property owners to waive requirements applicable to the designation of an
94 assessment area and the levying of an assessment in an assessment area; and
95 . makes technical and conforming changes.
96 Monies Appropriated in this Bill:
97 None
98 Other Special Clauses:
99 None
100 Utah Code Sections Affected:
101 AMENDS:
102 8-5-5, as last amended by Chapter 123, Laws of Utah 2002
103 10-1-117, as last amended by Chapter 233, Laws of Utah 2005
104 10-2-101, as last amended by Chapter 3, Laws of Utah 1997, Second Special Session
105 10-2-106, as last amended by Chapter 105, Laws of Utah 1999
106 10-2-401, as last amended by Chapter 206, Laws of Utah 2001
107 10-2-403, as last amended by Chapter 259, Laws of Utah 2004
108 10-2-406, as last amended by Chapters 211 and 257, Laws of Utah 2003
109 10-2-412, as last amended by Chapter 206, Laws of Utah 2001
110 10-2-413, as last amended by Chapter 206, Laws of Utah 2001
111 10-2-414, as last amended by Chapter 211, Laws of Utah 2003
112 10-2-418, as last amended by Chapter 227, Laws of Utah 2003
113 10-2-419, as last amended by Chapter 233, Laws of Utah 2005
114 10-2-425, as last amended by Chapter 233, Laws of Utah 2005
115 10-2-428, as enacted by Chapter 227, Laws of Utah 2003
116 10-5-119, as last amended by Chapter 30, Laws of Utah 1992
117 10-6-131, as enacted by Chapter 26, Laws of Utah 1979
118 10-7-14.2, as last amended by Chapter 30, Laws of Utah 1992
119 10-9a-103, as last amended by Chapters 14, 163, 240, 257 and 289, Laws of Utah 2006
120 10-9a-305, as last amended by Chapter 364, Laws of Utah 2006

121 11-2-1, as last amended by Chapter 9, Laws of Utah 1980
122 11-13-103, as last amended by Chapter 21, Laws of Utah 2003
123 11-14-102, as last amended by Chapter 83, Laws of Utah 2006
124 11-14a-1, as enacted by Chapter 266, Laws of Utah 1995
125 11-27-2, as last amended by Chapter 359, Laws of Utah 2006
126 11-30-2, as enacted by Chapter 197, Laws of Utah 1987
127 11-31-2, as last amended by Chapter 12, Laws of Utah 2001
128 11-34-1, as enacted by Chapter 200, Laws of Utah 1987
129 11-36-102, as last amended by Chapter 257, Laws of Utah 2006
130 11-36-201, as last amended by Chapter 240, Laws of Utah 2006
131 11-36-202, as last amended by Chapters 240 and 257, Laws of Utah 2006
132 11-36-501, as last amended by Chapter 71, Laws of Utah 2005
133 11-39-101, as last amended by Chapter 94, Laws of Utah 2004
134 11-39-107, as last amended by Chapter 25, Laws of Utah 2005
135 11-40-101, as last amended by Chapter 90, Laws of Utah 2004
136 14-1-18, as last amended by Chapter 25, Laws of Utah 2005
137 15-7-2, as enacted by Chapter 62, Laws of Utah 1983
138 17-23-17, as last amended by Chapter 155, Laws of Utah 2004
139 17-27a-103, as last amended by Chapters 14, 163, 240, 257 and 289, Laws of Utah
140 2006
141 17-27a-305, as last amended by Chapter 364, Laws of Utah 2006
142 17-35b-302, as last amended by Chapter 133, Laws of Utah 2000
143 17-35b-303, as enacted by Chapter 369, Laws of Utah 1998
144 17-36-9, as last amended by Chapter 300, Laws of Utah 1999
145 17-36-29, as last amended by Chapter 212, Laws of Utah 1996
146 17-41-101, as last amended by Chapter 194, Laws of Utah 2006
147 17-43-201, as last amended by Chapters 2 and 71, Laws of Utah 2005
148 17-43-301, as last amended by Chapter 71, Laws of Utah 2005
149 17-50-103, as enacted by Chapter 185, Laws of Utah 2000
150 17-52-403, as last amended by Chapter 241, Laws of Utah 2001
151 17A-2-1314, as last amended by Chapter 259, Laws of Utah 2003

152 17A-2-1315, as last amended by Chapter 105, Laws of Utah 2005
153 17A-2-1326, as last amended by Chapter 83, Laws of Utah 2006
154 17A-2-1330, as renumbered and amended by Chapter 186, Laws of Utah 1990
155 17C-1-102, as last amended by Chapter 254 and renumbered and amended by Chapter
156 359, Laws of Utah 2006
157 19-3-301, as last amended by Chapter 148, Laws of Utah 2005
158 19-4-111, as last amended by Chapter 185, Laws of Utah 2003
159 19-6-502, as renumbered and amended by Chapter 112, Laws of Utah 1991
160 20A-1-102, as last amended by Chapters 16, 264 and 326, Laws of Utah 2006
161 20A-1-201.5, as last amended by Chapter 355, Laws of Utah 2006
162 20A-1-202, as last amended by Chapter 241, Laws of Utah 2000
163 20A-1-512, as last amended by Chapter 108, Laws of Utah 1994
164 20A-2-101, as last amended by Chapter 266, Laws of Utah 1998
165 20A-3-101, as last amended by Chapter 177, Laws of Utah 2002
166 20A-3-102, as enacted by Chapter 1, Laws of Utah 1993
167 20A-3-501, as last amended by Chapter 127, Laws of Utah 2003
168 20A-4-301, as last amended by Chapter 355, Laws of Utah 2006
169 20A-4-304, as last amended by Chapters 326 and 355, Laws of Utah 2006
170 20A-4-305, as last amended by Chapter 24, Laws of Utah 1997
171 20A-4-401, as last amended by Chapter 105, Laws of Utah 2005
172 20A-5-101, as last amended by Chapter 249, Laws of Utah 2003
173 20A-5-201, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
174 20A-5-302, as last amended by Chapter 5, Laws of Utah 2005, First Special Session
175 20A-5-400.5, as last amended by Chapter 105, Laws of Utah 2005
176 20A-5-401, as last amended by Chapters 264 and 326, Laws of Utah 2006
177 20A-5-403, as last amended by Chapter 326, Laws of Utah 2006
178 20A-5-407, as last amended by Chapter 21, Laws of Utah 1994
179 20A-5-602, as last amended by Chapter 40, Laws of Utah 1998
180 20A-9-101, as last amended by Chapter 24, Laws of Utah 1997
181 20A-9-503, as last amended by Chapter 45, Laws of Utah 1999
182 20A-11-1202, as last amended by Chapter 142, Laws of Utah 2004

183 26-8a-405.1, as last amended by Chapter 60, Laws of Utah 2006
184 32A-2-103, as last amended by Chapter 152, Laws of Utah 2005
185 32A-3-106, as last amended by Chapter 152, Laws of Utah 2005
186 32A-4-106, as last amended by Chapter 268, Laws of Utah 2004
187 32A-4-307, as last amended by Chapter 268, Laws of Utah 2004
188 32A-5-107, as last amended by Chapter 268, Laws of Utah 2004
189 34-30-14, as enacted by Chapter 72, Laws of Utah 1995
190 34-32-1.1, as last amended by Chapter 220, Laws of Utah 2004
191 34-41-101, as enacted by Chapter 18, Laws of Utah 1994
192 36-12-13, as last amended by Chapter 55, Laws of Utah 1998
193 49-11-102, as last amended by Chapter 116, Laws of Utah 2005
194 51-4-2, as last amended by Chapters 10 and 215, Laws of Utah 1997
195 52-4-203, as renumbered and amended by Chapter 14 and last amended by Chapters
196 263 and 265, Laws of Utah 2006
197 53-3-207, as last amended by Chapter 20, Laws of Utah 2005
198 53-7-104, as last amended by Chapter 25, Laws of Utah 2001
199 53-10-605, as last amended by Chapter 169, Laws of Utah 2005
200 53-13-103, as last amended by Chapter 347, Laws of Utah 2006
201 53A-2-123, as last amended by Chapter 169, Laws of Utah 2005
202 53B-16-104, as enacted by Chapter 21, Laws of Utah 2000
203 54-3-28, as last amended by Chapter 169, Laws of Utah 2005
204 54-8c-1, as last amended by Chapter 30, Laws of Utah 1992
205 54-14-103, as enacted by Chapter 197, Laws of Utah 1997
206 57-8-27, as last amended by Chapter 265, Laws of Utah 2003
207 59-2-102, as last amended by Chapters 223 and 249, Laws of Utah 2006
208 59-2-511, as last amended by Chapter 254, Laws of Utah 2005
209 59-2-912, as last amended by Chapter 227, Laws of Utah 1993
210 59-2-924, as last amended by Chapters 26, 105 and 359, Laws of Utah 2006
211 59-2-1101, as last amended by Chapter 19, Laws of Utah 2005
212 59-12-501, as last amended by Chapter 253, Laws of Utah 2006
213 59-12-502, as last amended by Chapters 253 and 329, Laws of Utah 2006

214 59-12-1001, as last amended by Chapter 253, Laws of Utah 2006
215 59-12-1502, as enacted by Chapter 282, Laws of Utah 2003
216 59-12-1503, as last amended by Chapter 253, Laws of Utah 2006
217 59-12-1703, as enacted by Chapter 1, Laws of Utah 2006, Fourth Special Session
218 63-2-103, as last amended by Chapters 2, 261 and 300, Laws of Utah 2006
219 63-6-1 (Effective 07/01/07), as last amended by Chapter 357, Laws of Utah 2006
220 63-30d-102, as enacted by Chapter 267, Laws of Utah 2004
221 63-30d-401, as enacted by Chapter 267, Laws of Utah 2004
222 63-38-3.3, as last amended by Chapter 66, Laws of Utah 2005
223 63-38d-102, as enacted by Chapter 16, Laws of Utah 2003
224 63-38d-601, as enacted by Chapter 298, Laws of Utah 2005
225 63-38f-2002, as enacted by Chapter 151, Laws of Utah 2005
226 63-51-2, as last amended by Chapter 12, Laws of Utah 1994
227 63-56-102, as renumbered and amended by Chapter 25, Laws of Utah 2005
228 63-56-201, as renumbered and amended by Chapter 25, Laws of Utah 2005
229 63-90a-1, as enacted by Chapter 91, Laws of Utah 1994
230 63-90b-102, as enacted by Chapter 99, Laws of Utah 2005
231 63-91-102, as last amended by Chapter 293, Laws of Utah 1996
232 63-93-102, as enacted by Chapter 256, Laws of Utah 1997
233 63-96-102, as enacted by Chapter 341, Laws of Utah 1998
234 63A-9-401, as last amended by Chapter 34, Laws of Utah 2004
235 63C-7-103, as enacted by Chapter 136, Laws of Utah 1997
236 63D-2-102, as enacted by Chapter 175, Laws of Utah 2004
237 63E-1-102, as last amended by Chapter 46, Laws of Utah 2006
238 63F-1-507, as last amended by Chapter 359, Laws of Utah 2006
239 67-1a-6.5, as last amended by Chapter 359, Laws of Utah 2006
240 67-3-1, as last amended by Chapter 71, Laws of Utah 2005
241 67-11-2, as last amended by Chapter 92, Laws of Utah 1987
242 67-21-2, as last amended by Chapter 189, Laws of Utah 1989
243 71-8-1, as last amended by Chapter 134, Laws of Utah 2000
244 71-10-1, as last amended by Chapter 134, Laws of Utah 2000

245 72-1-208, as renumbered and amended by Chapter 270, Laws of Utah 1998
246 72-1-303, as last amended by Chapter 336, Laws of Utah 2004
247 72-2-201, as renumbered and amended by Chapter 270, Laws of Utah 1998
248 72-10-601, as enacted by Chapter 137, Laws of Utah 2006
249 73-1-4, as last amended by Chapter 99, Laws of Utah 2003
250 73-2-1, as last amended by Chapter 165, Laws of Utah 2005
251 73-5-15, as enacted by Chapter 193, Laws of Utah 2006
252 73-10-1, as last amended by Chapter 10, Laws of Utah 1997
253 73-10-21, as last amended by Chapter 30, Laws of Utah 1992
254 73-10-32, as last amended by Chapter 43, Laws of Utah 2004
255 76-10-1503, as last amended by Chapter 151, Laws of Utah 1998
256 78-27-63, as last amended by Chapter 304, Laws of Utah 2006
257 ENACTS:
258 11-42-101, Utah Code Annotated 1953
259 11-42-102, Utah Code Annotated 1953
260 11-42-103, Utah Code Annotated 1953
261 11-42-104, Utah Code Annotated 1953
262 11-42-105, Utah Code Annotated 1953
263 11-42-106, Utah Code Annotated 1953
264 11-42-107, Utah Code Annotated 1953
265 11-42-108, Utah Code Annotated 1953
266 11-42-109, Utah Code Annotated 1953
267 11-42-201, Utah Code Annotated 1953
268 11-42-202, Utah Code Annotated 1953
269 11-42-203, Utah Code Annotated 1953
270 11-42-204, Utah Code Annotated 1953
271 11-42-205, Utah Code Annotated 1953
272 11-42-206, Utah Code Annotated 1953
273 11-42-301, Utah Code Annotated 1953
274 11-42-302, Utah Code Annotated 1953
275 11-42-401, Utah Code Annotated 1953

276 11-42-402, Utah Code Annotated 1953
277 11-42-403, Utah Code Annotated 1953
278 11-42-404, Utah Code Annotated 1953
279 11-42-405, Utah Code Annotated 1953
280 11-42-406, Utah Code Annotated 1953
281 11-42-407, Utah Code Annotated 1953
282 11-42-408, Utah Code Annotated 1953
283 11-42-409, Utah Code Annotated 1953
284 11-42-410, Utah Code Annotated 1953
285 11-42-411, Utah Code Annotated 1953
286 11-42-412, Utah Code Annotated 1953
287 11-42-413, Utah Code Annotated 1953
288 11-42-414, Utah Code Annotated 1953
289 11-42-415, Utah Code Annotated 1953
290 11-42-416, Utah Code Annotated 1953
291 11-42-501, Utah Code Annotated 1953
292 11-42-502, Utah Code Annotated 1953
293 11-42-503, Utah Code Annotated 1953
294 11-42-504, Utah Code Annotated 1953
295 11-42-505, Utah Code Annotated 1953
296 11-42-506, Utah Code Annotated 1953
297 11-42-507, Utah Code Annotated 1953
298 11-42-601, Utah Code Annotated 1953
299 11-42-602, Utah Code Annotated 1953
300 11-42-603, Utah Code Annotated 1953
301 11-42-604, Utah Code Annotated 1953
302 11-42-605, Utah Code Annotated 1953
303 11-42-606, Utah Code Annotated 1953
304 11-42-607, Utah Code Annotated 1953
305 11-42-608, Utah Code Annotated 1953
306 11-42-701, Utah Code Annotated 1953

307 11-42-702, Utah Code Annotated 1953
308 11-42-703, Utah Code Annotated 1953
309 11-42-704, Utah Code Annotated 1953
310 11-42-705, Utah Code Annotated 1953
311 11-42-706, Utah Code Annotated 1953
312 17B-1-101, Utah Code Annotated 1953
313 17B-1-103, Utah Code Annotated 1953
314 17B-1-112, Utah Code Annotated 1953
315 17B-1-114, Utah Code Annotated 1953
316 17B-1-115, Utah Code Annotated 1953
317 17B-1-116, Utah Code Annotated 1953
318 17B-1-117, Utah Code Annotated 1953
319 17B-1-308, Utah Code Annotated 1953
320 17B-1-313, Utah Code Annotated 1953
321 17B-1-501, Utah Code Annotated 1953
322 17B-1-623, Utah Code Annotated 1953
323 17B-1-901, Utah Code Annotated 1953
324 17B-1-1001, Utah Code Annotated 1953
325 17B-1-1002, Utah Code Annotated 1953
326 17B-1-1101, Utah Code Annotated 1953
327 17B-1-1102, Utah Code Annotated 1953
328 17B-1-1103, Utah Code Annotated 1953
329 17B-1-1104, Utah Code Annotated 1953
330 17B-1-1105, Utah Code Annotated 1953
331 17B-1-1106, Utah Code Annotated 1953
332 17B-1-1107, Utah Code Annotated 1953
333 17B-1-1201, Utah Code Annotated 1953
334 17B-1-1202, Utah Code Annotated 1953
335 17B-1-1203, Utah Code Annotated 1953
336 17B-1-1204, Utah Code Annotated 1953
337 17B-1-1205, Utah Code Annotated 1953

338 17B-1-1206, Utah Code Annotated 1953
339 17B-1-1207, Utah Code Annotated 1953
340 17B-1-1401, Utah Code Annotated 1953
341 17B-1-1402, Utah Code Annotated 1953
342 17B-2a-101, Utah Code Annotated 1953
343 17B-2a-102, Utah Code Annotated 1953
344 17B-2a-103, Utah Code Annotated 1953
345 17B-2a-104, Utah Code Annotated 1953
346 17B-2a-105, Utah Code Annotated 1953
347 17B-2a-106, Utah Code Annotated 1953
348 17B-2a-107, Utah Code Annotated 1953
349 17B-2a-201, Utah Code Annotated 1953
350 17B-2a-202, Utah Code Annotated 1953
351 17B-2a-203, Utah Code Annotated 1953
352 17B-2a-204, Utah Code Annotated 1953
353 17B-2a-205, Utah Code Annotated 1953
354 17B-2a-206, Utah Code Annotated 1953
355 17B-2a-207, Utah Code Annotated 1953
356 17B-2a-208, Utah Code Annotated 1953
357 17B-2a-209, Utah Code Annotated 1953
358 17B-2a-210, Utah Code Annotated 1953
359 17B-2a-211, Utah Code Annotated 1953
360 17B-2a-301, Utah Code Annotated 1953
361 17B-2a-302, Utah Code Annotated 1953
362 17B-2a-303, Utah Code Annotated 1953
363 17B-2a-304, Utah Code Annotated 1953
364 17B-2a-305, Utah Code Annotated 1953
365 17B-2a-306, Utah Code Annotated 1953
366 17B-2a-401, Utah Code Annotated 1953
367 17B-2a-402, Utah Code Annotated 1953
368 17B-2a-404, Utah Code Annotated 1953

369 17B-2a-405, Utah Code Annotated 1953
370 17B-2a-501, Utah Code Annotated 1953
371 17B-2a-502, Utah Code Annotated 1953
372 17B-2a-503, Utah Code Annotated 1953
373 17B-2a-504, Utah Code Annotated 1953
374 17B-2a-505, Utah Code Annotated 1953
375 17B-2a-506, Utah Code Annotated 1953
376 17B-2a-507, Utah Code Annotated 1953
377 17B-2a-508, Utah Code Annotated 1953
378 17B-2a-509, Utah Code Annotated 1953
379 17B-2a-510, Utah Code Annotated 1953
380 17B-2a-511, Utah Code Annotated 1953
381 17B-2a-512, Utah Code Annotated 1953
382 17B-2a-513, Utah Code Annotated 1953
383 17B-2a-514, Utah Code Annotated 1953
384 17B-2a-515, Utah Code Annotated 1953
385 17B-2a-516, Utah Code Annotated 1953
386 17B-2a-601, Utah Code Annotated 1953
387 17B-2a-602, Utah Code Annotated 1953
388 17B-2a-603, Utah Code Annotated 1953
389 17B-2a-604, Utah Code Annotated 1953
390 17B-2a-605, Utah Code Annotated 1953
391 17B-2a-606, Utah Code Annotated 1953
392 17B-2a-607, Utah Code Annotated 1953
393 17B-2a-701, Utah Code Annotated 1953
394 17B-2a-702, Utah Code Annotated 1953
395 17B-2a-703, Utah Code Annotated 1953
396 17B-2a-704, Utah Code Annotated 1953
&