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S.B. 111 Enrolled
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REVISOR'S STATUTE
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2008 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: John W. Hickman
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House Sponsor:
Stephen H. Urquhart
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LONG TITLE
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General Description:
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This bill modifies parts of the Utah Code to make technical corrections including
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eliminating references to repealed provisions, making minor wording changes, updating
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cross references, and correcting numbering.
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Highlighted Provisions:
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This bill:
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. modifies parts of the Utah Code to make technical corrections including eliminating
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references to repealed provisions, making minor wording changes, updating cross
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references, and correcting numbering.
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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
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Utah Code Sections Affected:
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AMENDS:
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10-3-818, as last amended by Laws of Utah 1997, Chapter 10
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11-13-103, as last amended by Laws of Utah 2007, Chapter 329
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11-42-411, as enacted by Laws of Utah 2007, Chapter 329
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11-42-605, as enacted by Laws of Utah 2007, Chapter 329
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13-21-2, as last amended by Laws of Utah 2007, Chapter 61
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13-43-206, as enacted by Laws of Utah 2006, Chapter 258
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16-4-102, as enacted by Laws of Utah 2007, Chapter 367
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16-6a-1702, as enacted by Laws of Utah 2000, Chapter 300
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17-27a-103, as last amended by Laws of Utah 2007, Chapters 188, 199, and 329
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17-27a-301, as renumbered and amended by Laws of Utah 2005, Chapter 254
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17-27a-306, as last amended by Laws of Utah 2006, Chapter 78
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17-27a-307, as renumbered and amended by Laws of Utah 2005, Chapter 254
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17-27a-603, as last amended by Laws of Utah 2007, Chapters 160 and 188
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17-52-201, as last amended by Laws of Utah 2001, Chapter 241
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17-53-216, as renumbered and amended by Laws of Utah 2000, Chapter 133
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19-2-103, as last amended by Laws of Utah 2002, Chapter 176
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19-4-103, as last amended by Laws of Utah 2002, Chapter 176
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19-5-103, as last amended by Laws of Utah 2002, Chapter 176
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19-6-108.3, as enacted by Laws of Utah 2007, Chapter 72
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31A-22-605.5, as last amended by Laws of Utah 2003, Chapter 8
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31A-22-723, as last amended by Laws of Utah 2005, Chapter 78
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31A-28-114, as last amended by Laws of Utah 2007, Chapter 309
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31A-28-222, as last amended by Laws of Utah 2002, Chapter 308
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34A-2-103, as last amended by Laws of Utah 2006, Chapter 295
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41-8-1, as last amended by Laws of Utah 2006, Chapter 201
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41-10-1, Utah Code Annotated 1953
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49-11-701, as renumbered and amended by Laws of Utah 2002, Chapter 250
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53-2-402, as enacted by Laws of Utah 2007, Chapter 328
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53-2-403, as enacted by Laws of Utah 2007, Chapter 328
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53-3-202, as last amended by Laws of Utah 2006, Chapter 201
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53-3-204, as last amended by Laws of Utah 2006, Chapters 46, 201, and 293
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53-3-227, as last amended by Laws of Utah 2007, Chapter 261
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53-5-711, as last amended by Laws of Utah 1998, Chapter 13
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53A-1-408, as enacted by Laws of Utah 2002, Chapter 259
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53A-11-910, as enacted by Laws of Utah 2007, Chapter 161
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53A-17a-131.16, as repealed and reenacted by Laws of Utah 2002, Chapter 258
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53A-29-103, as enacted by Laws of Utah 1996, Chapter 73
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53B-2-107, as enacted by Laws of Utah 2002, Chapter 315
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54-7-12.9, as enacted by Laws of Utah 2006, Chapter 221
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57-1-5, as last amended by Laws of Utah 2006, Chapter 236
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57-1-21, as last amended by Laws of Utah 2004, Chapter 177
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57-1-21.5, as last amended by Laws of Utah 2002, Chapter 209
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58-1-501.5, as enacted by Laws of Utah 2007, Chapter 162
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58-37-5.5, as last amended by Laws of Utah 2003, Chapter 33
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58-67-302.5, as enacted by Laws of Utah 2002, Chapter 73
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58-72-301, as repealed and reenacted by Laws of Utah 1998, Chapter 26
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58-72-501, as last amended by Laws of Utah 2007, Chapter 90
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59-2-405.2, as last amended by Laws of Utah 2006, Fifth Special Session, Chapter 3
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59-7-116, as enacted by Laws of Utah 1993, Chapters 169 and 300
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61-1-30, as last amended by Laws of Utah 1983, Chapter 284
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62A-4a-207, as last amended by Laws of Utah 2006, Chapter 14
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63-34-6, as last amended by Laws of Utah 1998, Chapter 282
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63-38c-103, as last amended by Laws of Utah 2007, Chapters 122, 206, and 328
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63-55-253, as last amended by Laws of Utah 2007, Chapter 386
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63-55b-153, as last amended by Laws of Utah 2007, Chapter 216
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63-55b-163, as last amended by Laws of Utah 2007, Chapter 306
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63-63a-8, as last amended by Laws of Utah 2007, Chapter 326
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63-97-201, as last amended by Laws of Utah 2005, Chapter 275
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63A-5-222, as last amended by Laws of Utah 2000, Chapter 231
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63B-6-502, as last amended by Laws of Utah 2001, Chapter 321
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73-10f-1, as enacted by Laws of Utah 1990, Chapter 206
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73-12a-1, Utah Code Annotated 1953
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76-7-317.2, as enacted by Laws of Utah 1991, Chapter 288
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78-3-21, as last amended by Laws of Utah 2003, Chapters 51 and 332
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78-23-4, as enacted by Laws of Utah 1981, Chapter 111
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78-30-8, as last amended by Laws of Utah 2007, Chapter 196
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78-43-8, Utah Code Annotated 1953
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REPEALS:
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30-3-38, as last amended by Laws of Utah 2004, Chapter 352
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53-2-102.5, as last amended by Laws of Utah 2007, Chapters 245 and 328
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
10-3-818
is amended to read:
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10-3-818. Salaries in municipalities.
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(1) The elective and statutory officers of municipalities shall receive such compensation
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for their services as the governing body may fix by ordinance adopting compensation or
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compensation schedules enacted after public hearing.
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(2) Upon its own motion the governing body may review or consider the compensation
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of any officer or officers of the municipality or a salary schedule applicable to any officer or
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officers of the city for the purpose of determining whether or not it should be adopted, changed,
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or amended. In the event that the governing body decides that the compensation or
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compensation schedules should be adopted, changed, or amended, it shall set a time and place
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for a public hearing at which all interested persons shall be given an opportunity to be heard.
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(3) Notice of the time, place, and purpose of the meeting shall be published at least
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seven days prior thereto by publication at least once in a newspaper published in the county
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within which the municipality is situated and generally circulated in the municipality. If there is
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no such newspaper then notice shall be given by posting this notice in three public places in the
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municipality.
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(4) After the conclusion of the public hearing, the governing body may enact an
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ordinance fixing, changing, or amending the compensation of any elective or appointive officer
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of the municipality or adopting a compensation schedule applicable to any officer or officers.
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(5) Any ordinance enacted before [Chapter 48,] Laws of Utah 1977, Chapter 48, by a
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municipality establishing a salary or compensation schedule for its elective or appointive officers
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and any salary fixed prior to [Chapter 48,] Laws of Utah 1977, Chapter 48, shall remain
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effective until the municipality has enacted an ordinance pursuant to the provisions of this
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chapter.
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(6) The compensation of all municipal officers shall be paid at least monthly out of the
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municipal treasury provided that municipalities having 1,000 or fewer population may by
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ordinance provide for the payment of its statutory officers less frequently. None of the
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provisions of this chapter shall be considered as limiting or restricting the authority to any
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municipality that has adopted or does adopt a charter pursuant to Utah Constitution, Article XI,
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Section 5, to determine the salaries of its elective and appointive officers or employees.
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Section 2.
Section
11-13-103
is amended to read:
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11-13-103. Definitions.
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As used in this chapter:
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(1) "Additional project capacity" means electric generating capacity provided by a
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generating unit that first produces electricity on or after May 6, 2002 and that is constructed or
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installed at or adjacent to the site of a project that first produced electricity before May 6, 2002,
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regardless of whether:
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(a) the owners of the new generating unit are the same as or different from the owner of
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the project; and
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(b) the purchasers of electricity from the new generating unit are the same as or
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different from the purchasers of electricity from the project.
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(2) "Board" means the Permanent Community Impact Fund Board created by Section
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9-4-304
, and its successors.
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(3) "Candidate" means one or more of:
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(a) the state;
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(b) a county, municipality, school district, local district, special service district, or other
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political subdivision of the state; and
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(c) a prosecution district.
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(4) "Commercial project entity" means a project entity, defined in Subsection (12), that:
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(a) has no taxing authority; and
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(b) is not supported in whole or in part by and does not expend or disburse tax
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revenues.
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(5) "Direct impacts" means an increase in the need for public facilities or services that is
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attributable to the project or facilities providing additional project capacity, except impacts
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resulting from the construction or operation of a facility that is:
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(a) owned by an owner other than the owner of the project or of the facilities providing
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additional project capacity; and
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(b) used to furnish fuel, construction, or operation materials for use in the project.
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(6) "Electric interlocal entity" means an interlocal entity described in Subsection
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11-13-203
(3).
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(7) "Energy services interlocal entity" means an interlocal entity that is described in
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Subsection
11-13-203
(4).
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(8) (a) "Estimated electric requirements," when used with respect to a qualified energy
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services interlocal entity, includes any of the following that meets the requirements of
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Subsection (8)(b):
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(i) generation capacity;
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(ii) generation output; or
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(iii) an electric energy production facility.
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(b) An item listed in Subsection (8)(a) is included in "estimated electric requirements" if
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it is needed by the qualified energy services interlocal entity to perform the qualified energy
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services interlocal entity's contractual or legal obligations to any of its members.
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(9) "Interlocal entity" means:
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(a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal
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entity; or
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(b) a separate legal or administrative entity created under Section
11-13-205
.
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(10) "Out-of-state public agency" means a public agency as defined in Subsection
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(13)(c), (d), or (e).
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(11) (a) "Project":
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(i) means an electric generation and transmission facility owned by a Utah interlocal
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entity or an electric interlocal entity; and
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(ii) includes fuel or fuel transportation facilities and water facilities owned by that Utah
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interlocal entity or electric interlocal entity and required for the generation and transmission
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facility.
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(b) "Project" includes a project entity's ownership interest in:
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(i) facilities that provide additional project capacity; and
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(ii) additional generating, transmission, fuel, fuel transportation, water, or other
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facilities added to a project.
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(12) "Project entity" means a Utah interlocal entity or an electric interlocal entity that
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owns a project.
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(13) "Public agency" means:
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(a) a city, town, county, school district, local district, special service district, or other
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political subdivision of the state;
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(b) the state or any department, division, or agency of the state;
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(c) any agency of the United States;
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(d) any political subdivision or agency of another state or the District of Columbia
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including any interlocal cooperation or joint powers agency formed under the authority of the
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law of the other state or the District of Columbia; and
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(e) any Indian tribe, band, nation, or other organized group or community which is
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recognized as eligible for the special programs and services provided by the United States to
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Indians because of their status as Indians.
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(14) "Qualified energy services interlocal entity" means an energy services interlocal
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entity that at the time that the energy services interlocal entity acquires its interest in facilities
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providing additional project capacity has at least five members that are Utah public agencies.
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(15) "Utah interlocal entity":
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(a) means an interlocal entity described in Subsection
11-13-203
(2); and
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(b) includes a separate legal or administrative entity created under [Chapter 47,] Laws
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of Utah 1977, Chapter 47, Section 3, as amended.
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(16) "Utah public agency" means a public agency under Subsection (13)(a) or (b).
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Section 3.
Section
11-42-411
is amended to read:
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11-42-411. Installment payment of assessments.
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(1) (a) In an assessment resolution or ordinance, the governing body may, subject to
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Subsection (1)(b), provide that some or all of the assessment be paid in installments over a
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period not to exceed 20 years from the effective date of the resolution or ordinance.
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(b) If an assessment resolution or ordinance provides that some or all of the assessment
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be paid in installments for a period exceeding ten years from the effective date of the resolution
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or ordinance, the governing body:
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(i) shall make a determination that:
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(A) the improvement for which the assessment is made has a reasonable useful life for
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the full period during which installments are to be paid; or
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(B) it would be in the best interests of the local entity and the property owners for
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installments to be paid for more than ten years; and
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(ii) may provide in the resolution or ordinance that no assessment is payable during
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some or all of the period ending three years after the effective date of the resolution or
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ordinance.
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(2) An assessment resolution or ordinance that provides for the assessment to be paid in
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installments may provide that the unpaid balance be paid over the period of time that
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installments are payable:
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(a) in substantially equal installments of principal; or
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(b) in substantially equal installments of principal and interest.
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(3) (a) Each assessment resolution or ordinance that provides for the assessment to be
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paid in installments shall, subject to Subsections (3)(b) and (c), provide that the unpaid balance
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of the assessment bear interest at a fixed rate, variable rate, or a combination of fixed and
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variable rates, as determined by the governing body, from the effective date of the resolution or
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ordinance or another date specified in the resolution or ordinance.
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(b) If the assessment is for operation and maintenance costs or for the costs of
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economic promotion activities:
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(i) a local entity may charge interest only from the date each installment is due; and
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(ii) the first installment of an assessment shall be due 15 days after the effective date of
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the assessment resolution or ordinance.
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(c) If an assessment resolution or ordinance provides for the unpaid balance of the
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assessment to bear interest at a variable rate, the assessment resolution or ordinance shall
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specify:
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(i) the basis upon which the rate is to be determined from time to time;
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(ii) the manner in which and schedule upon which the rate is to be adjusted; and
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(iii) a maximum rate that the assessment may bear.
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(4) Interest payable on assessments may include:
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(a) interest on assessment bonds;
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(b) ongoing local entity costs incurred for administration of the assessment area; and
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(c) any costs incurred with respect to:
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(i) securing a letter of credit or other instrument to secure payment or repurchase of
245
bonds; or
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(ii) retaining a marketing agent or an indexing agent.
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(5) Interest imposed in an assessment resolution or ordinance shall be paid in addition
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to the amount of each installment annually or at more frequent intervals as provided in the
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assessment resolution or ordinance.
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(6) (a) Except for an assessment for operation and maintenance costs or for the costs of
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economic promotion activities, a property owner may pay some or all of the entire assessment
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without interest if paid within 25 days after the assessment resolution or ordinance takes effect.
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(b) After the 25-day period stated in Subsection (6)(a), a property owner may at any
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time prepay some or all of the assessment levied against the owner's property.
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(c) A local entity may require a prepayment of an installment to include:
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(i) an amount equal to the interest that would accrue on the assessment to the next date
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on which interest is payable on bonds issued in anticipation of the collection of the assessment;
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and
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(ii) the amount necessary, in the governing body's opinion or the opinion of the officer
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designated by the governing body, to assure the availability of money to pay:
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(A) interest that becomes due and payable on those bonds; and
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(B) any premiums that become payable on bonds that are called in order to use the
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money from the prepaid assessment installment.
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Section 4.
Section
11-42-605
is amended to read:
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11-42-605. Local entity may authorize the issuance of assessment bonds -- Limit
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on amount of bonds -- Features of assessment bonds.
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(1) After the 25-day prepayment period under Subsection
11-42-411
(6) has passed or,
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if the 25-day prepayment period is waived under Section
11-42-104
, after the assessment
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resolution or ordinance takes effect, a local entity may authorize the issuance of bonds to pay
270
the costs of improvements in an assessment area, and other related costs, against the funds that
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the local entity will receive because of an assessment in an assessment area.
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(2) The aggregate principal amount of bonds authorized under Subsection (1) may not
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exceed the unpaid balance of assessments at the end of the 25-day prepayment period under
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Subsection
11-42-411
[(5)](6).
275
(3) Assessment bonds issued under this section:
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(a) are fully negotiable for all purposes;
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(b) shall mature at a time that does not exceed the period that installments of
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assessments in the assessment area are due and payable, plus one year;
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(c) shall bear interest at the lowest rate or rates reasonably obtainable;
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(d) may not be dated earlier than the effective date of the assessment ordinance;
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(e) shall be payable at the place, shall be in the form, and shall be sold in the manner and
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with the details that are provided in the resolution authorizing the issuance of the bonds;
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(f) shall be issued, as the governing body determines:
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(i) in bearer form, with or without interest coupons attached; or
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(ii) in registered form as provided in Title 15, Chapter 7, Registered Public Obligations
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Act; and
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(g) provide that interest be paid semiannually, annually, or at another interval as
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specified by the governing body.
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(4) (a) A local entity may:
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(i) (A) provide that assessment bonds be callable for redemption before maturity; and
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(B) fix the terms and conditions of redemption, including the notice to be given and any
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premium to be paid;
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(ii) subject to Subsection (4)(b), require assessment bonds to bear interest at a fixed or
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variable rate, or a combination of fixed and variable rates;
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(iii) specify terms and conditions under which:
296
(A) assessment bonds bearing interest at a variable interest rate may be converted to
297
bear interest at a fixed interest rate; and
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(B) the local entity agrees to repurchase the bonds; and
299
(iv) engage a remarketing agent and indexing agent, subject to the terms and conditions
300
that the governing body agrees to;
301
(v) include all costs associated with assessment bonds, including any costs resulting
302
from any of the actions the local entity is authorized to take under this section, in an assessment
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levied under Section
11-42-401
.
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(b) If assessment bonds carry a variable interest rate, the local entity shall specify:
305
(i) the basis upon which the variable rate is to be determined over the life of the bonds;
306
(ii) the manner in which and schedule upon which the rate is to be adjusted; and
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(iii) a maximum rate that the bonds may carry.
308
(5) (a) Nothing in this part may be construed to authorize the issuance of assessment
309
bonds to pay for the cost of ordinary repairs to pavement, sewers, drains, curbing, gutters, or
310
sidewalks.
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(b) Notwithstanding Subsection (5)(a), a local entity may issue assessment bonds to pay
312
for extraordinary repairs to pavement, sewers, drains, curbing, gutters, or sidewalk.
313
(c) A local entity's governing body may define by resolution or ordinance what
314
constitutes ordinary repairs and extraordinary repairs for purposes of this Subsection (5).
315
(d) Nothing in this Subsection (5) may be construed to limit a local entity from levying
316
an assessment within an assessment area to pay operation and maintenance costs as described in
317
a notice under Section
11-42-402
.
318
(6) If a local entity has issued bond anticipation notes under Section
11-42-602
in
319
anticipation of assessment bonds that the local entity issues under this part, the local entity shall
320
provide for the retirement of the bond anticipation notes contemporaneously with the issuance
321
of the assessment bonds.
322
Section 5.
Section
13-21-2
is amended to read:
323
13-21-2. Definitions -- Exemptions.
324
As used in this chapter:
325
(1) "Buyer" means an individual who is solicited to purchase or who purchases the
326
services of a credit services organization.
327
(2) "Credit reporting agency" means a person who, for a monetary fee, dues, or on a
328
cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling
329
or evaluating consumer credit information or other information on consumers for the purpose of
330
furnishing consumer reports to third persons.
331
(3) (a) "Credit services organization" means a person who represents [oneself] that the
332
person or an employee [as] is a debt professional or credit counselor, or, with respect to the
333
extension of credit by others, sells, provides, or performs, or represents that the person can or
334
will sell, provide, or perform, in return for the payment of money or other valuable
335
consideration any of the following services:
336
(i) improving a buyer's credit record, history, or rating;
337
(ii) providing advice, assistance, instruction, or instructional materials to a buyer with
338
regard to Subsection (3)(a)(i); or
339
(iii) debt reduction or debt management plans.
340
(b) "Credit services organization" does not include:
341
(i) a person authorized to make loans or extensions of credit under the laws of this state
342
or the United States who is subject to regulation and supervision by this state or the United
343
States and who derives at least 35% of the person's income from making loans and extensions
344
of credit;
345
(ii) a depository institution:
346
(A) as defined in Section
7-1-103
; or
347
(B) that is regulated or supervised by the Federal Deposit Insurance Corporation or the
348
National Credit Union Administration;
349
(iii) a person licensed as a real estate broker by this state if the person is acting within
350
the course and scope of that license;
351
(iv) a person licensed to practice law in this state if:
352
(A) the person renders the services described in Subsection (3)(a) within the course and
353
scope of the person's practice as an attorney; and
354
(B) the services described in Subsection (3)(a) are incidental to the person's practice as
355
an attorney;
356
(v) a broker-dealer registered with the Securities and Exchange Commission or the
357
Commodity Futures Trading Commission if the broker-dealer is acting within the course and
358
scope of that regulation;
359
(vi) a credit reporting agency if the services described in Subsection (3)(a) are incidental
360
to the credit reporting agency's services; or
361
(vii) a person who provides debt-management services and is required to be registered
362
under Title 13, Chapter 42, Uniform Debt-Management Services Act.
363
(4) "Extension of credit" means the right to defer payment of debt or to incur debt and
364
defer its payment, offered or granted primarily for personal, family, or household purposes.
365
Section 6.
Section
13-43-206
is amended to read:
366
13-43-206. Advisory opinion -- Process.
367
(1) A request for an advisory opinion under Section
13-43-205
shall be:
368
(a) filed with the Office of the Property Rights Ombudsman; and
369
(b) accompanied by a filing fee of $150.
370
(2) The Office of the Property Rights Ombudsman may establish policies providing for
371
partial fee waivers for a person who is financially unable to pay the entire fee.
372
(3) A person requesting an advisory opinion need not exhaust administrative remedies,
373
including remedies described under Section
10-9a-801
or
17-27a-801
, before requesting an
374
advisory opinion.
375
(4) The Office of the Property Rights Ombudsman shall:
376
(a) deliver notice of the request to opposing parties indicated in the request;
377
(b) inquire of all parties if there are other necessary parties to the dispute; and
378
(c) deliver notice to all necessary parties.
379
(5) If a governmental entity is an opposing party, the Office of the Property Rights
380
Ombudsman shall deliver the request in the manner provided for in Section [
63-30d-301
]
381
63-30d-401
.
382
(6) (a) The Office of the Property Rights Ombudsman shall promptly determine if the
383
parties can agree to a neutral third party to issue an advisory opinion.
384
(b) If no agreement can be reached within four business days after notice is delivered
385
pursuant to Subsections (4) and (5), the Office of the Property Rights Ombudsman shall appoint
386
a neutral third party to issue an advisory opinion.
387
(7) All parties that are the subject of the request for advisory opinion shall:
388
(a) share equally in the cost of the advisory opinion; and
389
(b) provide financial assurance for payment that the neutral third party requires.
390
(8) The neutral third party shall comply with the provisions of Section
78-31a-109
, and
391
shall promptly:
392
(a) seek a response from all necessary parties to the issues raised in the request for
393
advisory opinion;
394
(b) investigate and consider all responses; and
395
(c) issue a written advisory opinion within 15 business days after the appointment of the
396
neutral third party under Subsection (6)(b), unless:
397
(i) the parties agree to extend the deadline; or
398
(ii) the neutral third party determines that the matter is complex and requires additional
399
time to render an opinion, which may not exceed 30 calendar days.
400
(9) An advisory opinion shall include a statement of the facts and law supporting the
401
opinion's conclusions.
402
(10) (a) Copies of any advisory opinion issued by the Office of the Property Rights
403
Ombudsman shall be delivered as soon as practicable to all necessary parties.
404
(b) A copy of the advisory opinion shall be delivered to the government entity in the
405
manner provided for in Section
63-30d-401
.
406
(11) An advisory opinion issued by the Office of the Property Rights Ombudsman is not
407
binding on any party to, nor admissible as evidence in, a dispute involving land use law except
408
as provided in Subsection (12).
409
(12) (a) If the same issue that is the subject of an advisory opinion is listed as a cause of
410
action in litigation, and that cause of action is litigated on the same facts and circumstances and
411
is resolved consistent with the advisory opinion, the substantially prevailing party on that cause
412
of action may collect reasonable attorney fees and court costs pertaining to the development of
413
that cause of action from the date of the delivery of the advisory opinion to the date of the
414
court's resolution.
415
(b) Nothing in this Subsection (12) is intended to create any new cause of action under
416
land use law.
417
(13) Unless filed by the local government, a request for an advisory opinion under
418
Section
13-43-205
does not stay the progress of a land use application, or the effect of a land
419
use decision.
420
Section 7.
Section
16-4-102
is amended to read:
421
16-4-102. Definitions.
422
As used in this chapter:
423
(1) "Corporation" means a nonprofit corporation or a profit corporation.
424
(2) "Nonprofit corporation" means a nonprofit corporation as defined in Section
425
16-6a-102
.
426
(3) "Profit corporation" means a corporation as defined in Section
16-10a-102
.
427
(4) "Shares" means shares as defined in:
428
(a) Section
16-6a-102
for a nonprofit corporation; and
429
(b) Section
16-10a-102
for a profit corporation.
430
(5) "Water company" means a corporation in which a shareholder has the right, based
431
on the [shareholders] shareholder's shares, to receive a proportionate share of water delivered
432
by the corporation.
433
Section 8.
Section
16-6a-1702
is amended to read:
434
16-6a-1702. Application to foreign nonprofit corporations.
435
(1) A foreign nonprofit corporation authorized to conduct affairs in this state on April
436
30, 2001, is subject to this chapter, but is not required to obtain a new certificate of authority to
437
conduct affairs under this chapter.
438
(2) A foreign nonprofit corporation that is qualified to do business in this state under
439
the provisions of Title 16, Chapter 8, which provisions were repealed by [Chapter 28,] Laws of
440
Utah 1961, Chapter 28, shall be authorized to transact business in this state subject to all of the
441
limitations, restrictions, liabilities, and duties prescribed in this chapter.
442
(3) This chapter shall apply to all foreign nonprofit corporations sole qualified to do
443
business in this state with respect to mergers and consolidations.
444
Section 9.
Section
17-27a-103
is amended to read:
445
17-27a-103. Definitions.
446
As used in this chapter:
447
(1) "Affected entity" means a county, municipality, local district, special service district
448
under Title 17A, Chapter 2, Part 13, Utah Special Service District Act, school district, interlocal
449
cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
450
property owner, property owners association, public utility, or the Utah Department of
451
Transportation, if:
452
(a) the entity's services or facilities are likely to require expansion or significant
453
modification because of an intended use of land;
454
(b) the entity has filed with the county a copy of the entity's general or long-range plan;
455
or
456
(c) the entity has filed with the county a request for notice during the same calendar
457
year and before the county provides notice to an affected entity in compliance with a
458
requirement imposed under this chapter.
459
(2) "Appeal authority" means the person, board, commission, agency, or other body
460
designated by ordinance to decide an appeal of a decision of a land use application or a
461
variance.
462
(3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
463
residential property if the sign is designed or intended to direct attention to a business, product,
464
or service that is not sold, offered, or existing on the property where the sign is located.
465
(4) "Charter school" includes:
466
(a) an operating charter school;
467
(b) a charter school applicant that has its application approved by a chartering entity in
468
accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
469
(c) an entity who is working on behalf of a charter school or approved charter applicant
470
to develop or construct a charter school building.
471
(5) "Chief executive officer" means the person or body that exercises the executive
472
powers of the county.
473
(6) "Conditional use" means a land use that, because of its unique characteristics or
474
potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
475
compatible in some areas or may be compatible only if certain conditions are required that
476
mitigate or eliminate the detrimental impacts.
477
(7) "Constitutional taking" means a governmental action that results in a taking of
478
private property so that compensation to the owner of the property is required by the:
479
(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
480
(b) Utah Constitution Article I, Section 22.
481
(8) "Culinary water authority" means the department, agency, or public entity with
482
responsibility to review and approve the feasibility of the culinary water system and sources for
483
the subject property.
484
(9) (a) "Disability" means a physical or mental impairment that substantially limits one
485
or more of a person's major life activities, including a person having a record of such an
486
impairment or being regarded as having such an impairment.
487
(b) "Disability" does not include current illegal use of, or addiction to, any federally
488
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
489
802.
490
(10) "Elderly person" means a person who is 60 years old or older, who desires or
491
needs to live with other elderly persons in a group setting, but who is capable of living
492
independently.
493
(11) "Fire authority" means the department, agency, or public entity with responsibility
494
to review and approve the feasibility of fire protection and suppression services for the subject
495
property.
496
(12) "Gas corporation" has the same meaning as defined in Section
54-2-1
.
497
(13) "General plan" means a document that a county adopts that sets forth general
498
guidelines for proposed future development of the unincorporated land within the county.
499
(14) "Identical plans" means building plans submitted to a county that are substantially
500
identical building plans that were previously submitted to and reviewed and approved by the
501
county and describe a building that is:
502
(a) located on land zoned the same as the land on which the building described in the
503
previously approved plans is located; and
504
(b) subject to the same geological and meteorological conditions and the same law as
505
the building described in the previously approved plans.
506
(15) "Interstate pipeline company" means a person or entity engaged in natural gas
507
transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
508
the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
509
(16) "Intrastate pipeline company" means a person or entity engaged in natural gas
510
transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
511
Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
512
(17) "Land use application" means an application required by a county's land use
513
ordinance.
514
(18) "Land use authority" means a person, board, commission, agency, or other body
515
designated by the local legislative body to act upon a land use application.
516
(19) "Land use ordinance" means a planning, zoning, development, or subdivision
517
ordinance of the county, but does not include the general plan.
518
(20) "Land use permit" means a permit issued by a land use authority.
519
(21) "Legislative body" means the county legislative body, or for a county that has
520
adopted an alternative form of government, the body exercising legislative powers.
521
(22) "Local district" means any entity under Title 17B, Limited Purpose Local
522
Government Entities - Local Districts, and any other governmental or quasi-governmental entity
523
that is not a county, municipality, school district, or unit of the state.
524
(23) "Lot line adjustment" means the relocation of the property boundary line in a
525
subdivision between two adjoining lots with the consent of the owners of record.
526
(24) "Moderate income housing" means housing occupied or reserved for occupancy by
527
households with a gross household income equal to or less than 80% of the median gross
528
income for households of the same size in the county in which the housing is located.
529
(25) "Nominal fee" means a fee that reasonably reimburses a county only for time spent
530
and expenses incurred in:
531
(a) verifying that building plans are identical plans; and
532
(b) reviewing and approving those minor aspects of identical plans that differ from the
533
previously reviewed and approved building plans.
534
(26) "Noncomplying structure" means a structure that:
535
(a) legally existed before its current land use designation; and
536
(b) because of one or more subsequent land use ordinance changes, does not conform
537
to the setback, height restrictions, or other regulations, excluding those regulations that govern
538
the use of land.
539
(27) "Nonconforming use" means a use of land that:
540
(a) legally existed before its current land use designation;
541
(b) has been maintained continuously since the time the land use ordinance regulation
542
governing the land changed; and
543
(c) because of one or more subsequent land use ordinance changes, does not conform
544
to the regulations that now govern the use of the land.
545
(28) "Official map" means a map drawn by county authorities and recorded in the
546
county recorder's office that:
547
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
548
highways and other transportation facilities;
549
(b) provides a basis for restricting development in designated rights-of-way or between
550
designated setbacks to allow the government authorities time to purchase or otherwise reserve
551
the land; and
552
(c) has been adopted as an element of the county's general plan.
553
(29) "Person" means an individual, corporation, partnership, organization, association,
554
trust, governmental agency, or any other legal entity.
555
(30) "Plan for moderate income housing" means a written document adopted by a
556
county legislative body that includes:
557
(a) an estimate of the existing supply of moderate income housing located within the
558
county;
559
(b) an estimate of the need for moderate income housing in the county for the next five
560
years as revised biennially;
561
(c) a survey of total residential land use;
562
(d) an evaluation of how existing land uses and zones affect opportunities for moderate
563
income housing; and
564
(e) a description of the county's program to encourage an adequate supply of moderate
565
income housing.
566
(31) "Plat" means a map or other graphical representation of lands being laid out and
567
prepared in accordance with Section
17-27a-603
,
17-23-17
, or
57-8-13
.
568
(32) "Public hearing" means a hearing at which members of the public are provided a
569
reasonable opportunity to comment on the subject of the hearing.
570
(33) "Public meeting" means a meeting that is required to be open to the public under
571
Title 52, Chapter 4, Open and Public Meetings Act.
572
(34) "Receiving zone" means an unincorporated area of a county that the county's land
573
use authority designates as an area in which an owner of land may receive transferrable
574
development rights.
575
(35) "Record of survey map" means a map of a survey of land prepared in accordance
576
with Section
17-23-17
.
577
(36) "Residential facility for elderly persons" means a single-family or multiple-family
578
dwelling unit that meets the requirements of Section
17-27a-515
, but does not include a health
579
care facility as defined by Section
26-21-2
.
580
(37) "Residential facility for persons with a disability" means a residence:
581
(a) in which more than one person with a disability resides; and
582
(b) (i) is licensed or certified by the Department of Human Services under Title 62A,
583
Chapter 2, Licensure of Programs and Facilities; or
584
(ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
585
Health Care Facility Licensing and Inspection Act.
586
(38) "Sanitary sewer authority" means the department, agency, or public entity with
587
responsibility to review and approve the feasibility of sanitary sewer services or onsite
588
wastewater systems.
589
(39) "Sending zone" means an unincorporated area of a county that the county's land
590
use authority designates as an area from which an owner of land may transfer transferrable
591
development rights to an owner of land in a receiving zone.
592
(40) "Specified public utility" means an electrical corporation, gas corporation, or
593
telephone corporation, as those terms are defined in Section
54-2-1
.
594
(41) "Street" means a public right-of-way, including a highway, avenue, boulevard,
595
parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other way.
596
(42) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
597
divided into two or more lots, parcels, sites, units, plots, or other division of land for the
598
purpose, whether immediate or future, for offer, sale, lease, or development either on the
599
installment plan or upon any and all other plans, terms, and conditions.
600
(b) "Subdivision" includes:
601
(i) the division or development of land whether by deed, metes and bounds description,
602
devise and testacy, map, plat, or other recorded instrument; and
603
(ii) except as provided in Subsection (42)(c), divisions of land for residential and
604
nonresidential uses, including land used or to be used for commercial, agricultural, and
605
industrial purposes.
606
(c) "Subdivision" does not include:
607
(i) a bona fide division or partition of agricultural land for agricultural purposes;
608
(ii) a recorded agreement between owners of adjoining properties adjusting their mutual
609
boundary if:
610
(A) no new lot is created; and
611
(B) the adjustment does not violate applicable land use ordinances;
612
(iii) a recorded document, executed by the owner of record:
613
(A) revising the legal description of more than one contiguous unsubdivided parcel of
614
property into one legal description encompassing all such parcels of property; or
615
(B) joining a subdivided parcel of property to another parcel of property that has not
616
been subdivided, if the joinder does not violate applicable land use ordinances;
617
(iv) a bona fide division or partition of land in a county other than a first class county
618
for the purpose of siting, on one or more of the resulting separate parcels:
619
(A) an unmanned facility appurtenant to a pipeline owned or operated by a gas
620
corporation, interstate pipeline company, or intrastate pipeline company; or
621
(B) an unmanned telecommunications, microwave, fiber optic, electrical, or other utility
622
service regeneration, transformation, retransmission, or amplification facility; or
623
(v) a recorded agreement between owners of adjoining subdivided properties adjusting
624
their mutual boundary if:
625
(A) no new dwelling lot or housing unit will result from the adjustment; and
626
(B) the adjustment will not violate any applicable land use ordinance.
627
(d) The joining of a subdivided parcel of property to another parcel of property that has
628
not been subdivided does not constitute a subdivision under this Subsection (42) as to the
629
unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
630
ordinance.
631
(43) "Township" means a contiguous, geographically defined portion of the
632
unincorporated area of a county, established under this part or reconstituted or reinstated under
633
Section
17-27a-306
, with planning and zoning functions as exercised through the township
634
planning commission, as provided in this chapter, but with no legal or political identity separate
635
from the county and no taxing authority, except that "township" means a former township under
636
[Chapter 308,] Laws of Utah 1996, Chapter 308, where the context so indicates.
637
(44) "Transferrable development right" means the entitlement to develop land within a
638
sending zone that would vest according to the county's existing land use ordinances on the date
639
that a completed land use application is filed seeking the approval of development activity on
640
the land.
641
(45) "Unincorporated" means the area outside of the incorporated area of a
642
municipality.
643
(46) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
644
land use zones, overlays, or districts.
645
Section 10.
Section
17-27a-301
is amended to read:
646
17-27a-301. Ordinance establishing planning commission required -- Exception --
647
Ordinance requirements -- Township planning commission -- Compensation.
648
(1) (a) Except as provided in Subsection (1)(b), each county shall enact an ordinance
649
establishing a countywide planning commission for the unincorporated areas of the county not
650
within a township.
651
(b) Subsection (1)(a) does not apply if all of the county is included within any
652
combination of:
653
(i) municipalities; and
654
(ii) townships with their own planning commissions.
655
(2) The ordinance shall define:
656
(a) the number and terms of the members and, if the county chooses, alternate
657
members;
658
(b) the mode of appointment;
659
(c) the procedures for filling vacancies and removal from office;
660
(d) the authority of the planning commission; and
661
(e) other details relating to the organization and procedures of the planning
662
commission.
663
(3) (a) If the county establishes a township planning commission, the county legislative
664
body shall enact an ordinance defining appointment procedures, procedures for filling vacancies
665
and removing members from office, and other details relating to the organization and
666
procedures of each township planning commission.
667
(b) The planning commission for each township shall consist of seven members who,
668
except as provided in Subsection (3)(e), shall be appointed by:
669
(i) in a county operating under a form of government in which the executive and
670
legislative functions of the governing body are separated, the county executive with the advice
671
and consent of the county legislative body; or
672
(ii) in a county operating under a form of government in which the executive and
673
legislative functions of the governing body are not separated, the county legislative body.
674
(c) (i) Members shall serve four-year terms and until their successors are appointed or,
675
as provided in Subsection (3)(e), elected and qualified.
676
(ii) Notwithstanding the provisions of Subsection (3)(c)(i) and except as provided in
677
Subsection (3)(e), members of the first planning commissions shall be appointed so that, for
678
each commission, the terms of at least one member and no more than two members expire each
679
year.
680
(d) (i) Except as provided in Subsection (3)(d)(ii), each member of a township planning
681
commission shall be a registered voter residing within the township.
682
(ii) (A) Notwithstanding Subsection (3)(d)(i), one member of a planning commission of
683
a township reconstituted under [Chapter 389,] Laws of Utah 1997, Chapter 389, or reinstated
684
or established under Subsection
17-27a-306
(1)(e)(i) may be an appointed member who is a
685
registered voter residing outside the township if that member:
686
(I) is an owner of real property located within the township; and
687
(II) resides within the county in which the township is located.
688
(B) (I) Each appointee under Subsection (3)(d)(ii)(A) shall be chosen by the township
689
planning commission from a list of three persons submitted by the county legislative body.
690
(II) If the township planning commission has not notified the county legislative body of
691
its choice under Subsection (3)(d)(ii)(B)(I) within 60 days of the township planning
692
commission's receipt of the list, the county legislative body may appoint one of the three
693
persons on the list or a registered voter residing within the township as a member of the
694
township planning commission.
695
(e) (i) The legislative body of each county in which a township reconstituted under
696
[Chapter 389,] Laws of Utah 1997, Chapter 389, or reinstated or established under Subsection
697
17-27a-306
(1)(e)(i) is located shall enact an ordinance that provides for the election of at least
698
three members of the planning commission of that township.
699
(ii) The election of planning commission members under Subsection (3)(e)(i) shall
700
coincide with the election of other county officers during even-numbered years. Approximately
701
half the elected planning commission members shall be elected every four years during elections
702
held on even-numbered years, and the remaining elected members shall be elected every four
703
years on alternating even-numbered years.
704
(f) (i) (A) The legislative body of each county in which a township reconstituted under
705
[Chapter 389,] Laws of Utah 1997, Chapter 389, or reinstated or established under Subsection
706
17-27a-306
(1)(e)(i) is located shall enact an ordinance appointing each elected member of the
707
planning and zoning board of the former township, established under [Chapter 308,] Laws of
708
Utah 1996, Chapter 308, as a member of the planning commission of the reconstituted or
709
reinstated township. Each member appointed under this subsection shall be considered an
710
elected member.
711
(B) (I) Except as provided in Subsection (3)(f)(i)(B)(II), the term of each member
712
appointed under Subsection (3)(f)(i)(A) shall continue until the time that the member's term as
713
an elected member of the former township planning and zoning board would have expired.
714
(II) Notwithstanding Subsection (3)(f)(i)(B)(I), the county legislative body may adjust
715
the terms of the members appointed under Subsection (3)(f)(i)(A) so that the terms of those
716
members coincide with the schedule under Subsection (3)(e)(ii) for elected members.
717
(ii) Subject to Subsection (3)(f)(iii), the legislative body of a county in which a township
718
reconstituted under [Chapter 389,] Laws of Utah 1997, Chapter 389, or reinstated or
719
established under Subsection
17-27a-306
(1)(e)(i) is located may enact an ordinance allowing
720
each appointed member of the planning and zoning board of the former township, established
721
under [Chapter 308,] Laws of Utah 1996, Chapter 308, to continue to hold office as a member
722
of the planning commission of the reconstituted or reinstated township until the time that the
723
member's term as a member of the former township's planning and zoning board would have
724
expired.
725
(iii) If a planning commission of a township reconstituted under [Chapter 389,] Laws of
726
Utah 1997, Chapter 389, or reinstated or established under Subsection
17-27a-306
(1)(e)(i) has
727
more than one appointed member who resides outside the township, the legislative body of the
728
county in which that township is located shall, within 15 days of the effective date of this
729
Subsection (3)(f)(iii), dismiss all but one of the appointed members who reside outside the
730
township, and a new member shall be appointed under Subsection (3)(b) no later than August
731
16, 1997, to fill the position of each dismissed member.
732
(g) (i) Except as provided in Subsection (3)(g)(ii), upon the appointment or election of
733
all members of a township planning commission, each township planning commission under this
734
section shall begin to exercise the powers and perform the duties provided in Section
735
17-27a-302
with respect to all matters then pending that previously had been under the
736
jurisdiction of the countywide planning commission or township planning and zoning board.
737
(ii) Notwithstanding Subsection (3)(g)(i), if the members of a former township planning
738
and zoning board continue to hold office as members of the planning commission of the
739
township planning district under an ordinance enacted under Subsection (3)(f), the township
740
planning commission shall immediately begin to exercise the powers and perform the duties
741
provided in Section
17-27a-302
with respect to all matters then pending that had previously
742
been under the jurisdiction of the township planning and zoning board.
743
(4) The legislative body may fix per diem compensation for the members of the planning
744
commission, based on necessary and reasonable expenses and on meetings actually attended.
745
Section 11.
Section
17-27a-306
is amended to read:
746
17-27a-306. Townships.
747
(1) (a) (i) Subject to Subsection (1)(a)(ii), a county legislative body may, without
748
having received a petition under Subsection (1)(b), enact an ordinance establishing a township
749
within the unincorporated county or dividing the unincorporated county into townships.
750
(ii) Before enacting an ordinance under Subsection (1)(a)(i), the county legislative body
751
shall, after providing reasonable advance notice, hold a public hearing on the proposal to
752
establish a township or to divide the unincorporated county into townships.
753
(b) If 25% of the private real property owners in a contiguous area of the
754
unincorporated county petition the county legislative body to establish a township for that area,
755
the county legislative body shall:
756
(i) hold a public hearing to discuss the petition;
757
(ii) at least one week before the public hearing, publish notice of the petition and the
758
time, date, and place of the public hearing at least once in a newspaper of general circulation in
759
the county; and
760
(iii) at the public hearing, consider oral and written testimony from the public and vote
761
on the question of whether or not to establish a township.
762
(c) If the county legislative body establishes a township pursuant to a petition, the
763
members of the township planning commission shall be appointed as provided in Subsection
764
17-27a-301
(3)(b) to perform the duties established in this part for the township.
765
(d) Except as provided in Subsection (1)(e), each township shall:
766
(i) contain:
767
(A) at least 20% but not more than 80% of:
768
(I) the total private land area in the unincorporated county; or
769
(II) the total value of locally assessed taxable property in the unincorporated county; or
770
(B) (I) in a county of the first, second, or third class, at least 5% of the total population
771
of the unincorporated county; or
772
(II) in a county of the fourth, fifth, or sixth class, at least 25% of the total population of
773
the unincorporated county; or
774
(ii) have been declared by the United States Census Bureau as a census designated
775
place.
776
(e) (i) (A) A township that was dissolved under [Chapter 389,] Laws of Utah 1997,
777
Chapter 389, is reinstated as a township under this part with the same boundaries and name as
778
before the dissolution, if the former township consisted of a single, contiguous land area.
779
(B) Notwithstanding Subsection (1)(e)(i)(A), a county legislative body may enact an
780
ordinance establishing as a township under this part a former township that was dissolved under
781
[Chapter 389,] Laws of Utah 1997, Chapter 389, even though the former township does not
782
qualify to be reinstated under Subsection (1)(e)(i)(A).
783
(C) A township reinstated under Subsection (1)(e)(i)(A) or established under
784
Subsection (1)(e)(i)(B) shall be subject to the provisions of this part.
785
(ii) Each planning district established under [Chapter 225,] Laws of Utah 1995, Chapter
786
225, and each township planning district established under [Chapter 389,] Laws of Utah 1997,
787
Chapter 389, shall continue in existence as a township, subject to the provisions of this part.
788
(f) (i) After May 1, 2002, the legislative body of each county in which a township that
789
has been reconstituted under [Chapter 389,] Laws of Utah 1997, Chapter 389, or reinstated
790
under Subsection (1)(e)(i) is located shall review the township and determine whether its
791
continued existence is advisable.
792
(ii) In conducting the review required under Subsection (1)(f)(i), the county legislative
793
body shall hold a public hearing with reasonable, advance, published notice of the hearing and
794
the purpose of the hearing.
795
(iii) Each township that has been reconstituted under [Chapter 389,] Laws of Utah
796
1997, Chapter 389, or reinstated or established under Subsection (1)(e)(i) and its planning
797
commission shall continue in effect, unless, within 90 days after conducting the review and
798
public hearing required under Subsections (1)(f)(i) and (ii), the county legislative body by
799
ordinance dissolves the township and its planning commission.
800
(g) A township established under this section on or after May 5, 1997, may use the
801
word "township" in its name.
802
(2) (a) If the county legislative body establishes a township without having received a
803
petition, the county legislative body may:
804
(i) assign to the countywide planning commission the duties established in this part that
805
would have been assumed by a township planning commission designated under Subsection
806
(2)(a)(ii); or
807
(ii) designate a planning commission for the township.
808
(b) (i) If the county legislative body fails to designate a planning commission for a
809
township, 40% of the private real property owners in the area proposed to be included in the
810
township, as shown by the last county assessment roll, may petition the county legislative body
811
to designate and appoint a planning commission for the township.
812
(ii) If the county legislative body determines that the petition is validly signed by 40% of
813
the private real property owners in the township, as shown by the last county assessment roll, it
814
shall designate and appoint a planning commission for the township.
815
(3) (a) Except as provided in Subsection (1)(f)(iii), a county legislative body may
816
dissolve township planning commissions created under the authority of this section only by
817
following the procedures and requirements of this Subsection (3).
818
(b) If 20% of the private real property owners in the county petition the county
819
legislative body to dissolve township planning commissions and to appoint a countywide
820
planning commission, the county legislative body shall:
821
(i) hold a public hearing to discuss the petition;
822
(ii) at least one week before the public hearing, publish notice of the petition and the
823
time, date, and place of the public hearing at least once in a newspaper of general circulation in
824
the county; and
825
(iii) at the public hearing, consider oral and written testimony from the public and vote
826
on the question of whether or not to dissolve township planning commissions and to appoint a
827
countywide planning commission.
828
(c) (i) If the county legislative body fails to dissolve township planning commissions and
829
to appoint a countywide planning commission when petitioned to do so by private real property
830
owners under this Subsection (3), 40% of private real property owners in the county, as shown
831
by the last county assessment roll, may petition the county legislative body to dissolve the
832
township planning commissions and to appoint a countywide planning commission.
833
(ii) If the county legislative body determines that the petition is validly signed by 40% of
834
private real property owners in the township, as shown by the last county assessment roll, it
835
shall dissolve the township planning commissions and appoint a countywide planning
836
commission.
837
Section 12.
Section
17-27a-307
is amended to read:
838
17-27a-307. Certain township planning and zoning board dissolved.
839
Except as provided in Subsection
17-27a-306
(1)(f), the planning and zoning board of
840
each township formed before May 5, 1997, under [Chapter 308,] Laws of Utah 1996, Chapter
841
308, is dissolved.
842
Section 13.
Section
17-27a-603
is amended to read:
843
17-27a-603. Plat required when land is subdivided -- Approval of plat --
844
Recording plat.
845
(1) Unless exempt under Section
17-27a-605
or excluded from the definition of
846
subdivision under Subsection
17-27a-103
[(39)](42), whenever any land is laid out and platted,
847
the owner of the land shall provide an accurate plat that describes or specifies:
848
(a) a name or designation of the subdivision that is distinct from any plat already
849
recorded in the county recorder's office;
850
(b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
851
their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
852
intended to be used as a street or for any other public use, and whether any such area is
853
reserved or proposed for dedication for a public purpose;
854
(c) the lot or unit reference, block or building reference, street or site address, street
855
name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
856
and width of the blocks and lots intended for sale; and
857
(d) every existing right-of-way and easement grant of record for underground facilities,
858
as defined in Section
54-8a-2
, and for other utility facilities.
859
(2) (a) Subject to Subsections (3), (4), and (5), if the plat conforms to the county's
860
ordinances and this part and has been approved by the culinary water authority and the sanitary
861
sewer authority, the county shall approve the plat.
862
(b) Counties are encouraged to receive a recommendation from the fire authority before
863
approving a plat.
864
(3) The county may withhold an otherwise valid plat approval until the owner of the
865
land provides the legislative body with a tax clearance indicating that all taxes, interest, and
866
penalties owing on the land have been paid.
867
(4) (a) The owner of the land shall acknowledge the plat before an officer authorized by
868
law to take the acknowledgment of conveyances of real estate and shall obtain the signature of
869
each individual designated by the county.
870
(b) The surveyor making the plat shall certify that the surveyor:
871
(i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
872
Professional Land Surveyors Licensing Act;
873
(ii) has completed a survey of the property described on the plat in accordance with
874
Section
17-23-17
and has verified all measurements; and
875
(iii) has placed monuments as represented on the plat.
876
(c) (i) As applicable, the owner or operator of the underground and utility facilities shall
877
approve the:
878
(A) boundary, course, dimensions, and intended use of the right-of-way and easement
879
grants of record;
880
(B) location of existing underground and utility facilities; and
881
(C) conditions or restrictions governing the location of the facilities within the
882
right-of-way, and easement grants of records, and utility facilities within the subdivision.
883
(ii) The approval of an owner or operator under Subsection (4)(c)(i):
884
(A) indicates only that the plat approximates the location of the existing underground
885
and utility facilities but does not warrant or verify their precise location; and
886
(B) does not affect a right that the owner or operator has under:
887
(I) Title 54, Chapter 8a, Damage to Underground Utility Facilities;
888
(II) a recorded easement or right-of-way;
889
(III) the law applicable to prescriptive rights; or
890
(IV) any other provision of law.
891
(5) (a) After the plat has been acknowledged, certified, and approved, the owner of the
892
land shall, within the time period designated by ordinance, record the plat in the county
893
recorder's office in the county in which the lands platted and laid out are situated.
894
(b) An owner's failure to record a plat within the time period designated by ordinance
895
renders the plat voidable.
896
Section 14.
Section
17-52-201
is amended to read:
897
17-52-201. Procedure for initiating adoption of optional plan -- Limitations --
898
Pending proceedings.
899
(1) An optional plan proposing an alternate form of government for a county may be
900
adopted as provided in this chapter.
901
(2) The process to adopt an optional plan establishing an alternate form of county
902
government may be initiated by:
903
(a) the county legislative body as provided in Section
17-52-202
; or
904
(b) registered voters of the county as provided in Section
17-52-203
.
905
(3) (a) If the process to adopt an optional plan has been initiated under [Chapter 26,]
906
Laws of Utah 1973, Chapter 26, Section 3, 4, or 5, or Section
17-52-202
or
17-52-203
, the
907
county legislative body may not initiate the process again under Section
17-52-202
unless the
908
earlier proceeding:
909
(i) has been concluded by an affirmative or negative vote of registered voters; or
910
(ii) has not been concluded but has been pending for at least two years.
911
(b) A county legislative body may not initiate the process to adopt an optional plan
912
under Section
17-52-202
within four years of an election at which voters approved or rejected
913
an optional plan proposed as a result of a process initiated by the county legislative body.
914
(c) Registered voters of a county may not initiate the process to adopt an optional plan
915
under Section
17-52-203
within four years of an election at which voters approved or rejected
916
an optional plan proposed as a result of a process initiated by registered voters.
917
Section 15.
Section
17-53-216
is amended to read:
918
17-53-216. Business license fees and taxes -- Application information to be
919
transmitted to the county assessor.
920
(1) For the purpose of this section, "business" means any enterprise carried on for the
921
purpose of gain or economic profit, except that the acts of employees rendering services to
922
employers are not included in this definition.
923
(2) The legislative body of a county may by ordinance provide for the licensing of
924
businesses within the unincorporated areas of the county for the purpose of regulation and
925
revenue.
926
(3) All license fees and taxes shall be uniform in respect to the class upon which they
927
are imposed.
928
(4) The county business licensing agency shall transmit the information from each
929
approved business license application to the county assessor within 60 days following the
930
approval of the application.
931
(5) This section may not be construed to enhance, diminish, or otherwise alter the
932
taxing power of counties existing prior to the effective date of [Chapter 144,] Laws of Utah
933
1988, Chapter 144.
934
Section 16.
Section
19-2-103
is amended to read:
935
19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per
936
diem and expenses.
937
(1) The board comprises 11 members, one of whom shall be the executive director and
938
ten of whom shall be appointed by the governor with the consent of the Senate.
939
(2) The members shall be knowledgeable of air pollution matters and shall be:
940
(a) a practicing physician and surgeon licensed in the state not connected with industry;
941
(b) a registered professional engineer who is not from industry;
942
(c) a representative from municipal government;
943
(d) a representative from county government;
944
(e) a representative from agriculture;
945
(f) a representative from the mining industry;
946
(g) a representative from manufacturing;
947
(h) a representative from the fuel industry; and
948
(i) two representatives of the public not representing or connected with industry, at
949
least one of whom represents organized environmental interests.
950
(3) No more than five of the appointed members shall belong to the same political
951
party.
952
(4) The majority of the members may not derive any significant portion of their income
953
from persons subject to permits or orders under this chapter. Any potential conflict of interest
954
of any member or the executive secretary, relevant to the interests of the board, shall be
955
adequately disclosed.
956
(5) Members serving on the Air Conservation Committee created by [Chapter 126,]
957
Laws of Utah 1981, Chapter 126, as amended, shall serve as members of the board throughout
958
the terms for which they were appointed.
959
(6) (a) Except as required by Subsection (6)(b), members shall be appointed for a term
960
of four years.
961
(b) Notwithstanding the requirements of Subsection (6)(a), the governor shall, at the
962
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
963
board members are staggered so that approximately half of the board is appointed every two
964
years.
965
(7) [Members] A member may serve more than one term.
966
(8) [Members] A member shall hold office until the expiration of their terms and until
967
their successors are appointed, but not more than 90 days after the expiration of their terms.
968
(9) When a vacancy occurs in the membership for any reason, the replacement shall be
969
appointed for the unexpired term.
970
(10) The board shall elect annually a chair and a vice chair from its members.
971
(11) (a) The board shall meet at least quarterly, and special meetings may be called by
972
the chair upon his own initiative, upon the request of the executive secretary, or upon the
973
request of three members of the board.
974
(b) Three days' notice shall be given to each member of the board prior to any meeting.
975
(12) Six members constitute a quorum at any meeting, and the action of a majority of
976
members present is the action of the board.
977
(13) (a) (i) [Members] A member who [are] is not a government [employees] employee
978
shall receive no compensation or benefits for [their] the member's services, but may receive per
979
diem and expenses incurred in the performance of the member's official duties at the rates
980
established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
981
(ii) [Members] A member may decline to receive per diem and expenses for [their] the
982
member's service.
983
(b) (i) [State] A state government officer and employee [members] member who [do]
984
does not receive salary, per diem, or expenses from [their] the agency the member represents
985
for [their] the member's service may receive per diem and expenses incurred in the performance
986
of [their] the member's official duties from the board at the rates established by the Division of
987
Finance under Sections
63A-3-106
and
63A-3-107
.
988
(ii) [State] A state government officer and employee [members] member may decline to
989
receive per diem and expenses for [their] the member's service.
990
(c) (i) [Local] A local government [members] member who [do] does not receive
991
salary, per diem, or expenses from the entity that [they represent] the member represents for
992
[their] the member's service may receive per diem and expenses incurred in the performance of
993
[their] the member's official duties at the rates established by the Division of Finance under
994
Sections
63A-3-106
and
63A-3-107
.
995
(ii) [Local] A local government [members] member may decline to receive per diem and
996
expenses for [their] the member's service.
997
Section 17.
Section
19-4-103
is amended to read:
998
19-4-103. Drinking Water Board -- Members -- Organization -- Meetings -- Per
999
diem and expenses.
1000
(1) The board created under Section
19-1-106
comprises 11 members, one of whom is
1001
the executive director and the remainder of whom shall be appointed by the governor with the
1002
consent of the Senate.
1003
(2) No more than five appointed members shall be from the same political party.
1004
(3) The appointed members shall be knowledgeable about drinking water and public
1005
water systems and shall represent different geographical areas within the state insofar as
1006
practicable.
1007
(4) The ten appointed members shall be appointed from the following areas:
1008
(a) two elected officials of municipal government or their representatives involved in
1009
management or operation of public water systems;
1010
(b) two representatives of improvement districts, water conservancy districts, or
1011
metropolitan water districts;
1012
(c) one representative from an industry which manages or operates a public water
1013
system;
1014
(d) one registered professional engineer with expertise in civil or sanitary engineering;
1015
(e) one representative from the state water research community or from an institution of
1016
higher education which has comparable expertise in water research;
1017
(f) two representatives of the public who do not represent other interests named in this
1018
section and who do not receive, and have not received during the past two years, a significant
1019
portion of their income, directly or indirectly, from suppliers; and
1020
(g) one representative from a local health department.
1021
(5) (a) Members of the Utah Safe Drinking Water Committee created by [Chapter 126,]
1022
Laws of Utah 1981, Chapter 126, shall serve as members of the board throughout the terms for
1023
which they were appointed.
1024
(b) Except as required by Subsection (5)(c), as terms of current board members expire,
1025
the governor shall appoint each new member or reappointed member to a four-year term.
1026
(c) Notwithstanding the requirements of Subsection (5)(b), the governor shall, at the
1027
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1028
board members are staggered so that approximately half of the board is appointed every two
1029
years.
1030
(6) When a vacancy occurs in the membership for any reason, the replacement shall be
1031
appointed for the unexpired term.
1032
(7) Each member holds office until the expiration of the member's term, and until a
1033
successor is appointed, but not for more than 90 days after the expiration of the term.
1034
(8) The board shall elect annually a chair and a vice chair from its members.
1035
(9) (a) The board shall meet at least quarterly.
1036
(b) Special meetings may be called by the chair upon his own initiative, upon the
1037
request of the executive secretary, or upon the request of three members of the board.
1038
(c) Reasonable notice shall be given each member of the board prior to any meeting.
1039
(10) Six members constitute a quorum at any meeting and the action of the majority of
1040
the members present is the action of the board.
1041
(11) (a) (i) [Members] A member who [are] is not a government [employees] employee
1042
shall receive no compensation or benefits for [their] the member's services, but may receive per
1043
diem and expenses incurred in the performance of the member's official duties at the rates
1044
established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
1045
(ii) [Members] A member may decline to receive per diem and expenses for [their] the
1046
member's service.
1047
(b) (i) [State] A state government officer and employee [members] member who [do]
1048
does not receive salary, per diem, or expenses from [their] the agency the member represents
1049
for [their] the member's service may receive per diem and expenses incurred in the performance
1050
of [their] the member's official duties from the board at the rates established by the Division of
1051
Finance under Sections
63A-3-106
and
63A-3-107
.
1052
(ii) [State] A state government officer and employee [members] member may decline to
1053
receive per diem and expenses for [their] the member's service.
1054
(c) (i) [Local] A local government [members] member who [do] does not receive
1055
salary, per diem, or expenses from the entity that [they represent] the member represents for
1056
[their] the member's service may receive per diem and expenses incurred in the performance of
1057
[their] the member's official duties at the rates established by the Division of Finance under
1058
Sections
63A-3-106
and
63A-3-107
.
1059
(ii) [Local] A local government [members] member may decline to receive per diem and
1060
expenses for [their] the member's service.
1061
Section 18.
Section
19-5-103
is amended to read:
1062
19-5-103. Water Quality Board -- Members of board -- Appointment -- Terms --
1063
Organization -- Meetings -- Per diem and expenses.
1064
(1) Committee members currently serving on the Water Pollution Control Committee
1065
created under [Chapter 126,] Laws of Utah 1981, Chapter 126, shall serve on the board
1066
throughout the terms for which they were appointed.
1067
(2) The board comprises the executive director and ten members appointed by the
1068
governor with the consent of the Senate.
1069
(3) No more than five of the appointed members may be from the same political party.
1070
(4) The appointed members, insofar as practicable, shall include the following:
1071
(a) one member representing the mineral industries;
1072
(b) one member representing the food processing industries;
1073
(c) one member representing other manufacturing industries;
1074
(d) two members who are officials of municipal government or their representatives
1075
involved in the management or operation of wastewater treatment facilities;
1076
(e) one member representing agricultural and livestock interests;
1077
(f) one member representing fish, wildlife, and recreation interests;
1078
(g) one member representing improvement and service districts; and
1079
(h) two members at large, one of whom represents organized environmental interests,
1080
selected with due consideration of the areas of the state affected by water pollution and not
1081
representing other interests named in this Subsection (4).
1082
(5) When a vacancy occurs in the membership for any reason, the replacement shall be
1083
appointed for the unexpired term with the consent of the Senate.
1084
(6) (a) Except as required by Subsection (6)(b), [members] each member shall be
1085
appointed for [terms] a term of four years and [are] is eligible for reappointment.
1086
(b) Notwithstanding the requirements of Subsection (6)(a), the governor shall, at the
1087
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1088
board members are staggered so that approximately half of the board is appointed every two
1089
years.
1090
(7) [Members] A member shall hold office until the expiration of [their] the member's
1091
terms and until [their successors are] that member's successor is appointed, not to exceed 90
1092
days after the formal expiration of [their terms] the member's term.
1093
(8) The board shall:
1094
(a) organize and annually select one of its members as chair and one of its members as
1095
vice chair;
1096
(b) hold at least four regular meetings each calendar year; and
1097
(c) keep minutes of its proceedings which shall be open to the public for inspection.
1098
(9) Special meetings may be called by the chair and must be called by him upon the
1099
request of three or more members of the board.
1100
(10) Each member of the board and the executive secretary shall be notified of the time
1101
and place of each meeting.
1102
(11) Six members of the board constitute a quorum for the transaction of business, and
1103
the action of a majority of members present is the action of the board.
1104
(12) (a) [Members] A member shall receive no compensation or benefits for [their] the
1105
member's services, but may receive per diem and expenses incurred in the performance of the
1106
member's official duties at the rates established by the Division of Finance under Sections
1107
63A-3-106
and
63A-3-107
.
1108
(b) [Members] A member may decline to receive per diem and expenses for [their] the
1109
member's service.
1110
(c) [Local] A local government [members] member who [do] does not receive salary,
1111
per diem, or expenses from the entity that [they represent] the member represents for [their] the
1112
member's service may receive per diem and expenses incurred in the performance of [their] the
1113
member's official duties at the rates established by the Division of Finance under Sections
1114
63A-3-106
and
63A-3-107
.
1115
(d) [Local] A local government [members] member may decline to receive per diem and
1116
expenses for [their] the member's service.
1117
Section 19.
Section
19-6-108.3
is amended to read:
1118
19-6-108.3. Executive secretary to issue written assurances, make determinations,
1119
and partition operation plans -- Board to make rules.
1120
(1) Based upon risk to human health or the environment from potential exposure to
1121
hazardous waste, the executive secretary may:
1122
(a) even if corrective action is incomplete, issue an enforceable written assurance to a
1123
person acquiring an interest in real property covered by an operation plan that the person to
1124
whom the assurance is issued:
1125
(i) is not a permittee under the operation plan; and
1126
(ii) will not be subject to an enforcement action under this part for contamination that
1127
exists or for violations under this part that occurred before the person acquired the interest in
1128
the real property covered by the operation plan;
1129
(b) determine that corrective action to the real property covered by the operation plan
1130
is:
1131
(i) complete;
1132
(ii) incomplete;
1133
(iii) unnecessary with an environmental covenant; or
1134
(iv) unnecessary without an environmental covenant; and
1135
(c) partition from an operation plan a portion of real property subject to the operation
1136
plan after determining that corrective action for that portion of real property is:
1137
(i) complete;
1138
(ii) unnecessary with an environmental covenant; or
1139
(iii) unnecessary without an environmental covenant.
1140
(2) If the executive secretary determines that an environmental covenant is necessary
1141
under Subsection (1)(b) or (c), the executive secretary shall require that the real property be
1142
subject to an environmental covenant according to Title 57, Chapter 25, Uniform Environmental
1143
Covenants Act.
1144
(3) An assurance issued under Subsection (1) protects the person to whom the
1145
assurance is issued from any cost recovery and contribution action under state law.
1146
(4) By following the procedures and requirements of Title 63, Chapter [46b,] 46a, Utah
1147
Administrative [Procedures] Rulemaking Act, the board may adopt rules to administer this
1148
section.
1149
Section 20.
Section
31A-22-605.5
is amended to read:
1150
31A-22-605.5. Application.
1151
(1) For purposes of this section "insurance mandate":
1152
(a) means a mandatory obligation with respect to coverage, benefits, or the number or
1153
types of providers imposed on policies of accident and health insurance; and
1154
(b) does not mean an administrative rule imposing a mandatory obligation with respect
1155
to coverage, benefits, or providers unless that mandatory obligation was specifically imposed on
1156
policies of accident and health insurance by statute.
1157
(2) (a) Notwithstanding the provisions of Subsection
31A-1-103
(3)(f), any law imposed
1158
under this title that becomes effective after January 1, 2002, which provides for an insurance
1159
mandate for policies of accident and health insurance shall also apply to health coverage offered
1160
to the state employees' risk pool under Subsection
49-20-202
(1)(a).
1161
(b) If health coverage offered to the state employees' risk pool under Subsection
1162
49-20-202
(1)(a) offers coverage in the same manner and to the same extent as the coverage
1163
required by the insurance mandate imposed under this title or coverage that is greater than the
1164
insurance mandate imposed under this title, the coverage offered to state employees under
1165
Subsection
49-20-202
(1)(a) will be considered in compliance with the insurance mandate.
1166
(c) The program regulated under Subsection
49-20-202
(1)(a) shall report to the
1167
Retirement and Independent Entities Committee created under Section [
63E-1-102
]
63E-1-201
1168
by November 30 of each year in which a mandate is imposed under the provisions of this
1169
section. The report shall include the costs and benefits of the particular mandatory obligation.
1170
Section 21.
Section
31A-22-723
is amended to read:
1171
31A-22-723. Group and blanket conversion coverage.
1172
(1) Notwithstanding Subsection
31A-1-103
(3)(f), and except as provided in Subsection
1173
(3), all policies of accident and health insurance offered on a group basis under this title, or Title
1174
49, Chapter 20, Public Employees' Benefit and Insurance Program Act, shall provide that a
1175
person whose insurance under the group policy has been terminated is entitled to choose a
1176
converted individual policy of similar accident and health insurance.
1177
(2) A person who has lost group coverage may elect conversion coverage with the
1178
insurer that provided prior group coverage if the person:
1179
(a) has been continuously covered for a period of six months by the group policy or the
1180
group's preceding policies immediately prior to termination;
1181
(b) has exhausted either Utah mini-COBRA coverage as required in Section
1182
31A-22-722
or federal COBRA coverage;
1183
(c) has not acquired or is not covered under any other group coverage that covers all
1184
preexisting conditions, including maternity, if the coverage exists; and
1185
(d) resides in the insurer's service area.
1186
(3) This section does not apply if the person's prior group coverage:
1187
(a) is a stand alone policy that only provides one of the following:
1188
(i) catastrophic benefits;
1189
(ii) aggregate stop loss benefits;
1190
(iii) specific stop loss benefits;
1191
(iv) benefits for specific diseases;
1192
(v) accidental injuries only;
1193
(vi) dental; or
1194
(vii) vision;
1195
(b) is an income replacement policy;
1196
(c) was terminated because the insured:
1197
(i) failed to pay any required individual contribution;
1198
(ii) performed an act or practice that constitutes fraud in connection with the coverage;
1199
or
1200
(iii) made intentional misrepresentation of material fact under the terms of coverage; or
1201
(d) was terminated pursuant to Subsection
31A-8-402.3
(2)(a),
31A-22-721
(2)(a), or
1202
31A-30-107
(2)(a).
1203
(4) (a) The employer shall provide written notification of the right to an individual
1204
conversion policy within 30 days of the insured's termination of coverage to:
1205
(i) the terminated insured;
1206
(ii) the ex-spouse; or
1207
(iii) in the case of the death of the insured:
1208
(A) the surviving spouse; and
1209
(B) the guardian of any dependents, if different from a surviving spouse.
1210
(b) The notification required by Subsection (4)(a) shall:
1211
(i) be sent by first class mail;
1212
(ii) contain the name, address, and telephone number of the insurer that will provide the
1213
conversion coverage; and
1214
(iii) be sent to the insured's last-known address as shown on the records of the employer
1215
of:
1216
(A) the insured;
1217
(B) the ex-spouse; and
1218
(C) if the policy terminates by reason of the death of the insured to:
1219
(I) the surviving spouse; and
1220
(II) the guardian of any dependents, if different from a surviving spouse.
1221
(5) (a) An insurer is not required to issue a converted policy which provides benefits in
1222
excess of those provided under the group policy from which conversion is made.
1223
(b) Except as provided in Subsection (5)(c), if the conversion is made from a health
1224
benefit plan, the employee or member must be offered at least the basic benefit plan as provided
1225
in Subsection
31A-22-613.5
(2)[(a)].
1226
(c) If the benefit levels required under Subsection (5)(b) exceed the benefit levels
1227
provided under the group policy, the conversion policy may offer benefits which are
1228
substantially similar to those provided under the group policy.
1229
(6) Written application for the converted policy shall be made and the first premium
1230
paid to the insurer no later than 60 days after termination of the group accident and health
1231
insurance.
1232
(7) The converted policy shall be issued without evidence of insurability.
1233
(8) (a) The initial premium for the converted policy for the first 12 months and
1234
subsequent renewal premiums shall be determined in accordance with premium rates applicable
1235
to age, class of risk of the person, and the type and amount of insurance provided.
1236
(b) The initial premium for the first 12 months may not be raised based on pregnancy of
1237
a covered insured.
1238
(c) The premium for converted policies shall be payable monthly or quarterly as
1239
required by the insurer for the policy form and plan selected, unless another mode or premium
1240
payment is mutually agreed upon.
1241
(9) The converted policy becomes effective at the time the insurance under the group
1242
policy terminates.
1243
(10) (a) A newly issued converted policy covers the employee or the member and must
1244
also cover all dependents covered by the group policy at the date of termination of the group
1245
coverage.
1246
(b) The only dependents that may be added after the policy has been issued are children
1247
and dependents as required by Section
31A-22-610
and Subsections
31A-22-610.5
(6) and (7).
1248
(c) At the option of the insurer, a separate converted policy may be issued to cover any
1249
dependent.
1250
(11) (a) To the extent the group policy provided maternity benefits, the conversion
1251
policy shall provide maternity benefits equal to the lesser of the maternity benefits of the group
1252
policy or the conversion policy until termination of a pregnancy that exists on the date of
1253
conversion if one of the following is pregnant on the date of the conversion:
1254
(i) the insured;
1255
(ii) a spouse of the insured; or
1256
(iii) a dependent of the insured.
1257
(b) The requirements of this Subsection (11) do not apply to a pregnancy that occurs
1258
after the date of conversion.
1259
(12) Except as provided in this Subsection (12), a converted policy is renewable with
1260
respect to all individuals or dependents at the option of the insured. An insured may be
1261
terminated from a converted policy for the following reasons:
1262
(a) a dependent is no longer eligible under the policy;
1263
(b) for a network plan, if the individual no longer lives, resides, or works in:
1264
(i) the insured's service area; or
1265
(ii) the area for which the covered carrier is authorized to do business; or
1266
(c) the individual fails to pay premiums or contributions in accordance with the terms of
1267
the converted policy, including any timeliness requirements;
1268
(d) the individual performs an act or practice that constitutes fraud in connection with
1269
the coverage;
1270
(e) the individual makes an intentional misrepresentation of material fact under the
1271
terms of the coverage; or
1272
(f) coverage is terminated uniformly without regard to any health status-related factor
1273
relating to any covered individual.
1274
(13) Conditions pertaining to health may not be used as a basis for classification under
1275
this section.
1276
Section 22.
Section
31A-28-114
is amended to read:
1277
31A-28-114. Miscellaneous provisions.
1278
(1) Nothing in this part shall be construed to reduce the liability for unpaid assessments
1279
of the insureds of an impaired or insolvent insurer operating under a plan with assessment
1280
liability.
1281
(2) (a) Records shall be kept of all meetings of the board of directors to discuss the
1282
activities of the association in carrying out [it] its powers and duties under Section
31A-28-108
.
1283
(b) Records of the association with respect to an impaired or insolvent insurer may not
1284
be disclosed before the earlier of:
1285
(i) the termination of a liquidation, rehabilitation, or conservation proceeding involving
1286
the impaired or insolvent insurer;
1287
(ii) the termination of the impairment or insolvency of the insurer; or
1288
(iii) upon the order of a court of competent jurisdiction.
1289
(c) Nothing in this Subsection (2) shall limit the duty of the association to render a
1290
report of its activities under Section
31A-28-115
.
1291
(3) (a) For the purpose of carrying out its obligations under this part, the association
1292
shall be considered to be a creditor of an impaired or insolvent insurer to the extent of assets
1293
attributable to covered policies reduced by any amounts to which the association is entitled as
1294
subrogee pursuant to Subsection
31A-28-108
(14).
1295
(b) Assets of the impaired or insolvent insurer attributable to covered policies shall be
1296
used to continue all covered policies and pay all contractual obligations of the impaired or
1297
insolvent insurer as required by this part.
1298
(c) As used in this Subsection (3), assets attributable to covered policies are that
1299
proportion of the assets which the reserves that should have been established for covered
1300
policies bear to the reserves that should have been established for all policies of insurance
1301
written by the impaired or insolvent insurer.
1302
(4) (a) As a creditor of the impaired or insolvent insurer under Subsection (3) and
1303
consistent with Section
31A-27a-701
, the association and any other similar association are
1304
entitled to receive a disbursement of assets out of the marshaled assets, from time to time as the
1305
assets become available to reimburse the association and any other similar association.
1306
(b) If, within 120 days of a final determination of insolvency of an insurer by the
1307
receivership court, the liquidator has not made an application to the court for the approval of a
1308
proposal to disburse assets out of marshaled assets to all guaranty associations having
1309
obligations because of the insolvency, the association is entitled to make application to the
1310
receivership court for approval of the association's proposal for disbursement of these assets.
1311
(5) (a) Prior to the termination of any liquidation, rehabilitation, or conservation
1312
proceeding, the court may take into consideration the contributions of the respective parties,
1313
including:
1314
(i) the association;
1315
(ii) the shareholders;
1316
(iii) policyowners of the insolvent insurer; and
1317
(iv) any other party with a bona fide interest in making an equitable distribution of the
1318
ownership rights of the insolvent insurer.
1319
(b) In making a determination under Subsection (5)(a), the court shall consider the
1320
welfare of the policyholders of the continuing or successor insurer.
1321
(c) A distribution to any stockholder of an impaired or insolvent insurer may not be
1322
made until and unless the total amount of valid claims of the association with interest has been
1323
fully recovered by the association for funds expended in carrying out its powers and duties
1324
under Section
31A-28-108
with respect to the insurer.
1325
(6) (a) If an order for liquidation or rehabilitation of an insurer domiciled in this state
1326
has been entered, the receiver appointed under the order shall have a right to recover on behalf
1327
of the insurer, from any affiliate that controlled the insurer, the amount of distributions, other
1328
than stock dividends paid by the insurer on its capital stock, made at any time during the five
1329
years preceding the petition for liquidation or rehabilitation subject to the limitations of
1330
Subsections (6)(b) through (d).
1331
(b) A distribution described in Subsection (6)(a) may not be recovered if the insurer
1332
shows that:
1333
(i) when paid the distribution was lawful and reasonable; and
1334
(ii) the insurer did not know and could not reasonably have known that the distribution
1335
might adversely affect the ability of the insurer to fulfill its contractual obligations.
1336
(c) (i) A person that was an affiliate that controlled the insurer at the time the
1337
distributions were paid shall be liable up to the amount of distributions received.
1338
(ii) A person that was an affiliate that controlled the insurer at the time the distributions
1339
were declared shall be liable up to the amount of distributions that would have been received if
1340
they had been paid immediately.
1341
(iii) If two or more persons are liable with respect to the same distributions, they shall
1342
be jointly and severally liable.
1343
(d) The maximum amount recoverable under this Subsection (6) shall be the amount
1344
needed in excess of all other available assets of the insolvent insurer to pay the contractual
1345
obligations of the insolvent insurer.
1346
(e) If any person liable under Subsection (6)(c) is insolvent, all of its affiliates that
1347
controlled it at the time the distribution was paid shall be jointly and severally liable for any
1348
resulting deficiency in the amount recovered from the insolvent affiliate.
1349
Section 23.
Section
31A-28-222
is amended to read:
1350
31A-28-222. Application of amendments.
1351
(1) The amendments in [Chapter 363,] Laws of Utah 2001, Chapter 363, shall become
1352
effective on April 30, 2001 and apply to the association's obligations under policies of insolvent
1353
insurers as they exist on or after April 30, 2001.
1354
(2) Notwithstanding Subsection (1), the amendments to Subsections
31A-28-203
(3)
1355
and
31A-28-207
(1)(a) in [Chapter 363,] Laws of Utah 2001, Chapter 363, that add coverage
1356
for unearned premium claims shall apply only to insurers that become insolvent after April 30,
1357
2001.
1358
Section 24.
Section
34A-2-103
is amended to read:
1359
34A-2-103. Employers enumerated and defined -- Regularly employed --
1360
Statutory employers.
1361
(1) (a) The state, and each county, city, town, and school district in the state are
1362
considered employers under this chapter and Chapter 3, Utah Occupational Disease Act.
1363
(b) For the purposes of the exclusive remedy in this chapter and Chapter 3, Utah
1364
Occupational Disease Act prescribed in Sections
34A-2-105
and
34A-3-102
, the state is
1365
considered to be a single employer and includes any office, department, agency, authority,
1366
commission, board, institution, hospital, college, university, or other instrumentality of the state.
1367
(2) (a) Except as provided in Subsection (4), each person, including each public utility
1368
and each independent contractor, who regularly employs one or more workers or operatives in
1369
the same business, or in or about the same establishment, under any contract of hire, express or
1370
implied, oral or written, is considered an employer under this chapter and Chapter 3, Utah
1371
Occupational Disease Act.
1372
(b) As used in this Subsection (2):
1373
(i) "Independent contractor" means any person engaged in the performance of any work
1374
for another who, while so engaged, is:
1375
(A) independent of the employer in all that pertains to the execution of the work;
1376
(B) not subject to the routine rule or control of the employer;
1377
(C) engaged only in the performance of a definite job or piece of work; and
1378
(D) subordinate to the employer only in effecting a result in accordance with the
1379
employer's design.
1380
(ii) "Regularly" includes all employments in the usual course of the trade, business,
1381
profession, or occupation of the employer, whether continuous throughout the year or for only
1382
a portion of the year.
1383
(3) (a) The client company in an employee leasing arrangement under Title 58, Chapter
1384
59, Professional Employer Organization Registration Act, is considered the employer of leased
1385
employees and shall secure workers' compensation benefits for them by complying with
1386
Subsection
34A-2-201
(1) or (2) and commission rules.
1387
(b) An insurance carrier may underwrite workers' compensation secured in accordance
1388
with Subsection (3)(a) showing the leasing company as the named insured and each client
1389
company as an additional insured by means of individual endorsements.
1390
(c) Endorsements shall be filed with the division as directed by commission rule.
1391
(d) The division shall promptly inform the Division of Occupation and Professional
1392
Licensing within the Department of Commerce if the division has reason to believe that an
1393
employee leasing company is not in compliance with Subsection
34A-2-201
(1) or (2) and
1394
commission rules.
1395
(4) A domestic employer who does not employ one employee or more than one
1396
employee at least 40 hours per week is not considered an employer under this chapter and
1397
Chapter 3, Utah Occupational Disease Act.
1398
(5) (a) As used in this Subsection (5):
1399
(i) (A) "agricultural employer" means a person who employs agricultural labor as
1400
defined in Subsections
35A-4-206
(1) and (2) and does not include employment as provided in
1401
Subsection
35A-4-206
(3); and
1402
(B) notwithstanding Subsection (5)(a)(i)(A), only for purposes of determining who is a
1403
member of the employer's immediate family under Subsection (5)(a)(ii), if the agricultural
1404
employer is a corporation, partnership, or other business entity, "agricultural employer" means
1405
an officer, director, or partner of the business entity;
1406
(ii) "employer's immediate family" means:
1407
(A) an agricultural employer's:
1408
(I) spouse;
1409
(II) grandparent;
1410
(III) parent;
1411
(IV) sibling;
1412
(V) child;
1413
(VI) grandchild;
1414
(VII) nephew; or
1415
(VIII) niece;
1416
(B) a spouse of any person provided in Subsection (5)(a)(ii)(A)(II) through (VIII); or
1417
(C) an individual who is similar to those listed in Subsections (5)(a)(ii)(A) or (B) as
1418
defined by rules of the commission; and
1419
(iii) "nonimmediate family" means a person who is not a member of the employer's
1420
immediate family.
1421
(b) For purposes of this chapter and Chapter 3, Utah Occupational Disease Act, an
1422
agricultural employer is not considered an employer of a member of the employer's immediate
1423
family.
1424
(c) For purposes of this chapter and Chapter 3, Utah Occupational Disease Act, an
1425
agricultural employer is not considered an employer of a nonimmediate family employee if:
1426
(i) for the previous calendar year the agricultural employer's total annual payroll for all
1427
nonimmediate family employees was less than $8,000; or
1428
(ii) (A) for the previous calendar year the agricultural employer's total annual payroll for
1429
all nonimmediate family employees was equal to or greater than $8,000 but less than $50,000;
1430
and
1431
(B) the agricultural employer maintains insurance that covers job-related injuries of the
1432
employer's nonimmediate family employees in at least the following amounts:
1433
(I) $300,000 liability insurance, as defined in Section
31A-1-301
; and
1434
(II) $5,000 for health care benefits similar to benefits under health care insurance as
1435
defined in Section
31A-1-301
.
1436
(d) For purposes of this chapter and Chapter 3, Utah Occupational Disease Act, an
1437
agricultural employer is considered an employer of a nonimmediate family employee if:
1438
(i) for the previous calendar year the agricultural employer's total annual payroll for all
1439
nonimmediate family employees is equal to or greater than $50,000; or
1440
(ii) (A) for the previous year the agricultural employer's total payroll for nonimmediate
1441
family employees was equal to or exceeds $8,000 but is less than $50,000; and
1442
(B) the agricultural employer fails to maintain the insurance required under Subsection
1443
(5)(c)(ii)(B).
1444
(6) An employer of agricultural laborers or domestic servants who is not considered an
1445
employer under this chapter and Chapter 3, Utah Occupational Disease Act, may come under
1446
this chapter and Chapter 3, Utah Occupational Disease Act, by complying with:
1447
(a) this chapter and Chapter 3, Utah Occupational Disease Act; and
1448
(b) the rules of the commission.
1449
(7) (a) If any person who is an employer procures any work to be done wholly or in
1450
part for the employer by a contractor over whose work the employer retains supervision or
1451
control, and this work is a part or process in the trade or business of the employer, the
1452
contractor, all persons employed by the contractor, all subcontractors under the contractor, and
1453
all persons employed by any of these subcontractors, are considered employees of the original
1454
employer for the purposes of this chapter and Chapter 3, Utah Occupational Disease Act.
1455
(b) Any person who is engaged in constructing, improving, repairing, or remodeling a
1456
residence that the person owns or is in the process of acquiring as the person's personal
1457
residence may not be considered an employee or employer solely by operation of Subsection
1458
(7)(a).
1459
(c) A partner in a partnership or an owner of a sole proprietorship is not considered an
1460
employee under Subsection (7)(a) if the employer who procures work to be done by the
1461
partnership or sole proprietorship obtains and relies on either:
1462
(i) a valid certification of the partnership's or sole proprietorship's compliance with
1463
Section
34A-2-201
indicating that the partnership or sole proprietorship secured the payment of
1464
workers' compensation benefits pursuant to Section
34A-2-201
; or
1465
(ii) if a partnership or sole proprietorship with no employees other than a partner of the
1466
partnership or owner of the sole proprietorship, a workers' compensation policy issued by an
1467
insurer pursuant to Subsection
31A-21-104
[(8)](9) stating that:
1468
(A) the partnership or sole proprietorship is customarily engaged in an independently
1469
established trade, occupation, profession, or business; and
1470
(B) the partner or owner personally waives the partner's or owner's entitlement to the
1471
benefits of this chapter and Chapter 3, Utah Occupational Disease Act, in the operation of the
1472
partnership or sole proprietorship.
1473
(d) A director or officer of a corporation is not considered an employee under
1474
Subsection (7)(a) if the director or officer is excluded from coverage under Subsection
1475
34A-2-104
(4).
1476
(e) A contractor or subcontractor is not an employee of the employer under Subsection
1477
(7)(a), if the employer who procures work to be done by the contractor or subcontractor
1478
obtains and relies on either:
1479
(i) a valid certification of the contractor's or subcontractor's compliance with Section
1480
34A-2-201
; or
1481
(ii) if a partnership, corporation, or sole proprietorship with no employees other than a
1482
partner of the partnership, officer of the corporation, or owner of the sole proprietorship, a
1483
workers' compensation policy issued by an insurer pursuant to Subsection
31A-21-104
[(8)](9)
1484
stating that:
1485
(A) the partnership, corporation, or sole proprietorship is customarily engaged in an
1486
independently established trade, occupation, profession, or business; and
1487
(B) the partner, corporate officer, or owner personally waives the partner's, corporate
1488
officer's, or owner's entitlement to the benefits of this chapter and Chapter 3, Utah Occupational
1489
Disease Act, in the operation of the partnership's, corporation's, or sole proprietorship's
1490
enterprise under a contract of hire for services.
1491
(f) (i) For purposes of this Subsection (7)(f), "eligible employer" means a person who:
1492
(A) is an employer; and
1493
(B) procures work to be done wholly or in part for the employer by a contractor,
1494
including:
1495
(I) all persons employed by the contractor;
1496
(II) all subcontractors under the contractor; and
1497
(III) all persons employed by any of these subcontractors.
1498
(ii) Notwithstanding the other provisions in this Subsection (7), if the conditions of
1499
Subsection (7)(f)(iii) are met, an eligible employer is considered an employer for purposes of
1500
Section
34A-2-105
of the contractor, subcontractor, and all persons employed by the contractor
1501
or subcontractor described in Subsection (7)(f)(i)(B).
1502
(iii) Subsection (7)(f)(ii) applies if the eligible employer:
1503
(A) under Subsection (7)(a) is liable for and pays workers' compensation benefits as an
1504
original employer under Subsection (7)(a) because the contractor or subcontractor fails to
1505
comply with Section
34A-2-201
;
1506
(B) (I) secures the payment of workers' compensation benefits for the contractor or
1507
subcontractor pursuant to Section
34A-2-201
;
1508
(II) procures work to be done that is part or process of the trade or business of the
1509
eligible employer; and
1510
(III) does the following with regard to a written workplace accident and injury
1511
reduction program that meets the requirements of Subsection
34A-2-111
(3)(d):
1512
(Aa) adopts the workplace accident and injury reduction program;
1513
(Bb) posts the workplace accident and injury reduction program at the work site at
1514
which the eligible employer procures work; and
1515
(Cc) enforces the workplace accident and injury reduction program according to the
1516
terms of the workplace accident and injury reduction program; or
1517
(C) (I) obtains and relies on:
1518
(Aa) a valid certification described in Subsection (7)(c)(i) or (7)(e)(i);
1519
(Bb) a workers' compensation policy described in Subsection (7)(c)(ii) or (7)(e)(ii); or
1520
(Cc) proof that a director or officer is excluded from coverage under Subsection
1521
34A-2-104
(4);
1522
(II) is liable under Subsection (7)(a) for the payment of workers' compensation benefits
1523
if the contractor or subcontractor fails to comply with Section
34A-2-201
;
1524
(III) procures work to be done that is part or process in the trade or business of the
1525
eligible employer; and
1526
(IV) does the following with regard to a written workplace accident and injury
1527
reduction program that meets the requirements of Subsection
34A-2-111
(3)(d):
1528
(Aa) adopts the workplace accident and injury reduction program;
1529
(Bb) posts the workplace accident and injury reduction program at the work site at
1530
which the eligible employer procures work; and
1531
(Cc) enforces the workplace accident and injury reduction program according to the
1532
terms of the workplace accident and injury reduction program.
1533
Section 25.
Section
41-8-1
is amended to read: