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H.B. 65
1
SPECIAL AND LOCAL DISTRICTS
2
AMENDMENTS
3
2007 GENERAL SESSION
4
STATE OF UTAH
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Chief Sponsor: Brad L. Dee
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Senate Sponsor:
____________
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8
LONG TITLE
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General Description:
10
This bill modifies provisions relating to special districts and local districts.
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Highlighted Provisions:
12
This bill:
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. substantially rewrites, reorganizes, and renumbers provisions related to independent
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special districts and dependent special districts known as county improvement
15
districts and municipal improvement districts;
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. consolidates and standardizes provisions relating to district authority, including
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taxing, bonding, and eminent domain authority, district boards of trustees, actions
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contesting a district resolution or other action, local district validation proceedings,
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and other matters, and repeals redundant or inconsistent provisions;
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. changes terminology applicable to entities previously known as independent special
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districts, except special service districts, so that they will be known as local
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districts;
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. changes terminology applicable to what have previously been known as county
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improvement districts and municipal improvement districts so that they will be
25
known as assessment areas;
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. expands the entities that are authorized to designate assessment areas from counties
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and municipalities to include local districts and special service districts;
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. authorizes the creation of a new type of limited purposes local government entity
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known as a basic local district and provides for its authority and the makeup of its
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board of trustees;
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. authorizes the creation of a local district by another local district whose boundaries
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completely encompass the proposed local district if the proposed local district is
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being created to provide one or more components of the same service that the
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initiating local district is authorized to provide;
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. extends eminent domain authority to cemetery maintenance districts and
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standardizes language related to the eminent domain authority of all local districts
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that have eminent domain authority;
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. authorizes local districts to acquire, lease, or construct and operate electrical
39
generation, transmission, and distribution facilities if the facilities are to harness
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energy that results inherently from the district's operations, the primary purpose of
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the facilities is incidental to the district's primary operations, and the operation of
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the facilities will not hinder or interfere with the district's primary operations;
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. modifies the types of services that local districts may provide;
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. eliminates a redundant provision regarding the circumstances under which a local
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district is conclusively presumed to be incorporated;
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. modifies a provision prohibiting board of trustees members from being employed by
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the local district;
48
. authorizes a local district's board of trustees to determine the district's fiscal year;
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. authorizes local districts to combine a notice and hearing related to the district's
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budget with the notice and hearing on a proposed fee increase;
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. authorizes local districts to charge on a single bill for multiple commodities,
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services, or facilities the district provides and to suspend furnishing the commodity,
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service, or facility for a customer's failure to pay;
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. authorizes local districts to certify delinquent fees or charges to the county treasurer
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and so that they become a lien on the customer's property;
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. increases the debt limit of a former regional service area from 5% to 12% of the
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taxable value of taxable property in the service area;
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. increases the debt limit of a cemetery maintenance district from .0001 to .004 of the
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taxable value of taxable property in the district;
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. increases the debt limit of a mosquito abatement district from .0001 to .0004 of the
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taxable value of taxable property in the district;
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. modifies the calculation of the debt limit of a drainage district from $1.50 per acre
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to .002 of the taxable value of taxable property in the district;
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. modifies a provision relating to fire protection districts boards of trustees;
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. authorizes mosquito abatement districts to establish a reserve fund for extraordinary
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abatement measures;
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. authorizes local districts to allow another political subdivision to use surplus
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capacity or have an ownership interest in district facilities for monetary,
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nonmonetary, or no consideration;
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. authorizes local districts to allow another political subdivision or a public or private
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property owner to use the surface of land on which the district has a right-of-way,
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for monetary, nonmonetary, or no consideration;
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. modifies provisions relating to the board of trustees of a metropolitan water district;
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. modifies the area within which a mosquito abatement district may provide service;
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. eliminates a public transit district provision relating to labor dispute arbitration;
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. transforms a former regional service area into a service area and makes the former
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regional service area subject to provisions applicable to service area;
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. rewrites and consolidates provisions relating to different classes of water
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conservancy district assessments;
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. authorizes a local government entity to finance operation and maintenance costs of
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improvements through an assessment area;
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. authorizes a local government entity to add additional property to a designated
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assessment area under certain circumstances;
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. authorizes a local government entity to issue bond anticipation notes with respect to
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anticipated bonds secured by property in an assessment area;
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. authorizes the levy of assessments in an assessment area by zones;
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. modifies provisions related to a board of equalization with respect to assessments
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levied in an assessment area;
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. authorizes a local government entity to designate a trustee for purposes of
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foreclosing a lien after a delinquency;
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. modifies provisions relating to a guaranty fund and reserve fund for paying
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obligations relating to an assessment area;
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. allows property owners to waive requirements applicable to the designation of an
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assessment area and the levying of an assessment in an assessment area; and
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. makes technical and conforming changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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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
&