First Substitute S.B. 47

Senator Dennis E. Stowell proposes the following substitute bill:

1 LIMITED PURPOSE LOCAL GOVERNMENT
2 ENTITIES REVISIONS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Dennis E. Stowell
6 House Sponsor: Fred R. Hunsaker
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to limited purpose local government entities.
11 Highlighted Provisions:
12 This bill:
13 . repeals and reenacts, rewrites, clarifies, and modifies provisions related to special
14 service districts, municipal building authorities, and conservation districts;
15 . expands the entities authorized to create a building authority to include local
16 districts and special service districts;
17 . repeals provisions related to parking and business improvement districts, special
18 road districts, and historic districts;
19 . reenacts historic preservation authority for counties and municipalities;
20 . modifies assessment area provisions to preserve authority eliminated through the
21 repeal of parking and business improvement district provisions;
22 . requires the type of local district proposed to be created to be specified in the
23 petition or resolution proposing the creation of a local district;
24 . clarifies that a local district board of trustees member must be a registered voter at
25 the location of the member's residence;

26 . modifies a provision authorizing a local district to agree to the use of its land or land
27 over which it has a right-of-way;
28 . provides that a previously created local district authorized to provide fire protection
29 service is also authorized to provide paramedic and emergency service;
30 . allows an agent or officer of an owner of land to qualify as a board of trustees
31 member of certain local districts with seasonally occupied homes;
32 . specifies who may administer an oath of office to a local district board of trustees
33 member and requires an oath to be filed with the local district clerk;
34 . modifies a provision relating to the relationship between a local district election and
35 a municipal general election;
36 . exempts local district and special service district elections from early voting
37 provisions;
38 . eliminates a requirement that a water conservancy district publish notice of a board
39 vacancy;
40 . reduces the percentage of property owners or voters required to protest the creation
41 of a special service district or the addition of new territory or a new service to the
42 special service district;
43 . eliminates a provision stating that a federal employee protection act applies to
44 public transit district leases and other agreements;
45 . makes a provision allowing a service area to establish divisions for electing some or
46 all elected board members apply to all local districts rather than just service areas;
47 . increases the number of services that a local district may provide from two to four;
48 . expands the group of service areas that have a higher allowable tax rate to include
49 service areas in second class counties, if the service area provides fire protection,
50 paramedic, and emergency services;
51 . eliminates a cap on the number of local district board of trustees members allowed,
52 and makes conforming changes;
53 . authorizes animal control officers of special service districts to issue misdemeanor
54 and infraction citations;
55 . limits the area that an improvement district for electric service may include and
56 requires that type of district to have applied for and received approval of a

57 certification before a certain date;
58 . authorizes a special service district to provide service outside its boundary;
59 . modifies the type of correctional facilities and services that a special service district
60 is authorized to provide;
61 . authorizes a special service district in a county of the first class to provide extended
62 police protection;
63 . eliminates a cap on the number of special service district administrative control
64 board members allowed;
65 . modifies the qualifications of an administrative control board member;
66 . clarifies that a provision relating to the imposition and increasing of local district
67 fees does not apply to impact fees;
68 . modifies a provision relating to the oath of office of local district board members;
69 . clarifies that a voter at an election of a local district board member must be a
70 registered voter within the district;
71 . authorizes a local district board to pay local district board members a specified
72 compensation for training every year rather than every two years;
73 . modifies the authority of a conservation district;
74 . modifies the date by which a conservation district's annual report is to be submitted
75 to the commission; and
76 . makes technical changes.
77 Monies Appropriated in this Bill:
78 None
79 Other Special Clauses:
80 None
81 Utah Code Sections Affected:
82 AMENDS:
83 4-18-3, as last amended by Laws of Utah 2007, Chapter 179
84 4-18-5, as last amended by Laws of Utah 2007, Chapter 179
85 4-20-1.5, as last amended by Laws of Utah 2007, Chapter 179
86 10-2-101, as last amended by Laws of Utah 2007, Chapter 329
87 10-2-401, as last amended by Laws of Utah 2007, Chapter 329

88 10-2-428, as last amended by Laws of Utah 2007, Chapter 329
89 10-9a-103, as last amended by Laws of Utah 2007, Chapters 188, 199, and 329
90 10-15-4, as last amended by Laws of Utah 1992, Chapter 30
91 10-15-6, as last amended by Laws of Utah 1992, Chapter 30
92 11-14-102, as last amended by Laws of Utah 2007, Chapter 329
93 11-17-3, as last amended by Laws of Utah 2005, Chapter 105
94 11-27-2, as last amended by Laws of Utah 2007, Chapter 329
95 11-32-2, as last amended by Laws of Utah 1993, Chapter 227
96 11-36-102, as last amended by Laws of Utah 2007, Chapter 329
97 11-36-201, as last amended by Laws of Utah 2007, Chapter 329
98 11-39-101, as last amended by Laws of Utah 2007, Chapter 329
99 11-40-101, as last amended by Laws of Utah 2007, Chapter 329
100 11-42-102, as enacted by Laws of Utah 2007, Chapter 329
101 11-39-104, as enacted by Laws of Utah 2003, Chapter 259
102 11-43-102, as enacted by Laws of Utah 2007, Chapter 118
103 17-27a-103, as last amended by Laws of Utah 2007, Chapters 188, 199, and 329
104 17-52-403, as last amended by Laws of Utah 2007, Chapter 329
105 17-53-311, as last amended by Laws of Utah 2005, Chapter 102
106 17B-1-102, as renumbered and amended by Laws of Utah 2007, Chapter 329
107 17B-1-103, as enacted by Laws of Utah 2007, Chapter 329
108 17B-1-202, as renumbered and amended by Laws of Utah 2007, Chapter 329
109 17B-1-203, as renumbered and amended by Laws of Utah 2007, Chapter 329
110 17B-1-205, as renumbered and amended by Laws of Utah 2007, Chapter 329
111 17B-1-215, as renumbered and amended by Laws of Utah 2007, Chapter 329
112 17B-1-302, as renumbered and amended by Laws of Utah 2007, Chapter 329
113 17B-1-303, as renumbered and amended by Laws of Utah 2007, Chapter 329
114 17B-1-306, as renumbered and amended by Laws of Utah 2007, Chapter 329
115 17B-1-312, as renumbered and amended by Laws of Utah 2007, Chapter 329
116 17B-1-643, as renumbered and amended by Laws of Utah 2007, Chapter 329
117 17B-1-1002, as enacted by Laws of Utah 2007, Chapter 329
118 17B-1-1101, as enacted by Laws of Utah 2007, Chapter 329

119 17B-1-1103, as enacted by Laws of Utah 2007, Chapter 329
120 17B-1-1104, as enacted by Laws of Utah 2007, Chapter 329
121 17B-2a-404, as enacted by Laws of Utah 2007, Chapter 329
122 17B-2a-405, as enacted by Laws of Utah 2007, Chapter 329
123 17B-2a-406, as renumbered and amended by Laws of Utah 2007, Chapter 329
124 17B-2a-804, as enacted by Laws of Utah 2007, Chapter 329
125 17B-2a-813, as enacted by Laws of Utah 2007, Chapter 329
126 17B-2a-1005, as renumbered and amended by Laws of Utah 2007, Chapter 329
127 17B-2a-1007, as enacted by Laws of Utah 2007, Chapter 329
128 19-3-301, as last amended by Laws of Utah 2007, Chapter 329
129 19-6-502, as last amended by Laws of Utah 2007, Chapter 329
130 20A-1-102, as last amended by Laws of Utah 2007, Chapters 75, 256, 285, and 329
131 20A-11-1202, as last amended by Laws of Utah 2007, Chapter 329
132 26-8a-405.1, as last amended by Laws of Utah 2007, Chapter 329
133 26-8a-405.2, as last amended by Laws of Utah 2005, Chapters 25 and 205
134 51-7-3, as last amended by Laws of Utah 2007, Chapter 207
135 52-4-202, as last amended by Laws of Utah 2007, Chapters 45 and 249
136 52-4-203, as last amended by Laws of Utah 2007, Chapters 35, 204, and 329
137 53-2-502, as enacted by Laws of Utah 2007, Chapter 331
138 53A-2-123, as last amended by Laws of Utah 2007, Chapter 329
139 54-14-103, as last amended by Laws of Utah 2007, Chapters 242 and 329
140 59-2-102, as last amended by Laws of Utah 2007, Chapters 107, 234, and 329
141 59-2-924, as last amended by Laws of Utah 2007, Chapters 107 and 329
142 59-21-1, as last amended by Laws of Utah 2007, Chapter 303
143 59-21-2, as last amended by Laws of Utah 2007, Chapter 303
144 63-9-68, as enacted by Laws of Utah 2007, Chapter 118
145 63E-1-102, as last amended by Laws of Utah 2007, Chapter 329
146 67-1a-6.5, as last amended by Laws of Utah 2007, Chapters 212 and 329
147 67-3-1, as last amended by Laws of Utah 2007, Chapter 329
148 69-2-4, as last amended by Laws of Utah 1992, Chapter 30
149 69-2-5, as last amended by Laws of Utah 2007, Chapter 241

150 73-2-1, as last amended by Laws of Utah 2007, Chapter 329
151 73-5-15, as last amended by Laws of Utah 2007, Chapters 179 and 329
152 73-10-21, as last amended by Laws of Utah 2007, Chapter 329
153 77-7-18, as last amended by Laws of Utah 2005, Chapter 2
154 78-27-63, as last amended by Laws of Utah 2007, Chapters 280, 329, and 357
155 ENACTS:
156 10-8-85.9, Utah Code Annotated 1953
157 17-50-324, Utah Code Annotated 1953
158 17D-1-101, Utah Code Annotated 1953
159 17D-1-102, Utah Code Annotated 1953
160 17D-1-103, Utah Code Annotated 1953
161 17D-1-104, Utah Code Annotated 1953
162 17D-1-105, Utah Code Annotated 1953
163 17D-1-106, Utah Code Annotated 1953
164 17D-1-107, Utah Code Annotated 1953
165 17D-1-108, Utah Code Annotated 1953
166 17D-1-109, Utah Code Annotated 1953
167 17D-1-201, Utah Code Annotated 1953
168 17D-1-202, Utah Code Annotated 1953
169 17D-1-203, Utah Code Annotated 1953
170 17D-1-204, Utah Code Annotated 1953
171 17D-1-205, Utah Code Annotated 1953
172 17D-1-206, Utah Code Annotated 1953
173 17D-1-207, Utah Code Annotated 1953
174 17D-1-208, Utah Code Annotated 1953
175 17D-1-209, Utah Code Annotated 1953
176 17D-1-210, Utah Code Annotated 1953
177 17D-1-211, Utah Code Annotated 1953
178 17D-1-212, Utah Code Annotated 1953
179 17D-1-301, Utah Code Annotated 1953
180 17D-1-302, Utah Code Annotated 1953

181 17D-1-303, Utah Code Annotated 1953
182 17D-1-304, Utah Code Annotated 1953
183 17D-1-305, Utah Code Annotated 1953
184 17D-1-306, Utah Code Annotated 1953
185 17D-1-401, Utah Code Annotated 1953
186 17D-1-402, Utah Code Annotated 1953
187 17D-1-403, Utah Code Annotated 1953
188 17D-1-501, Utah Code Annotated 1953
189 17D-1-502, Utah Code Annotated 1953
190 17D-1-503, Utah Code Annotated 1953
191 17D-1-504, Utah Code Annotated 1953
192 17D-1-505, Utah Code Annotated 1953
193 17D-1-506, Utah Code Annotated 1953
194 17D-1-507, Utah Code Annotated 1953
195 17D-1-508, Utah Code Annotated 1953
196 17D-1-509, Utah Code Annotated 1953
197 17D-1-601, Utah Code Annotated 1953
198 17D-1-602, Utah Code Annotated 1953
199 17D-1-603, Utah Code Annotated 1953
200 17D-2-101, Utah Code Annotated 1953
201 17D-2-102, Utah Code Annotated 1953
202 17D-2-103, Utah Code Annotated 1953
203 17D-2-104, Utah Code Annotated 1953
204 17D-2-105, Utah Code Annotated 1953
205 17D-2-106, Utah Code Annotated 1953
206 17D-2-107, Utah Code Annotated 1953
207 17D-2-108, Utah Code Annotated 1953
208 17D-2-109, Utah Code Annotated 1953
209 17D-2-110, Utah Code Annotated 1953
210 17D-2-201, Utah Code Annotated 1953
211 17D-2-202, Utah Code Annotated 1953

212 17D-2-203, Utah Code Annotated 1953
213 17D-2-301, Utah Code Annotated 1953
214 17D-2-302, Utah Code Annotated 1953
215 17D-2-401, Utah Code Annotated 1953
216 17D-2-402, Utah Code Annotated 1953
217 17D-2-403, Utah Code Annotated 1953
218 17D-2-404, Utah Code Annotated 1953
219 17D-2-405, Utah Code Annotated 1953
220 17D-2-501, Utah Code Annotated 1953
221 17D-2-502, Utah Code Annotated 1953
222 17D-2-503, Utah Code Annotated 1953
223 17D-2-504, Utah Code Annotated 1953
224 17D-2-505, Utah Code Annotated 1953
225 17D-2-506, Utah Code Annotated 1953
226 17D-2-507, Utah Code Annotated 1953
227 17D-2-601, Utah Code Annotated 1953
228 17D-2-602, Utah Code Annotated 1953
229 17D-2-701, Utah Code Annotated 1953
230 17D-2-702, Utah Code Annotated 1953
231 17D-3-101, Utah Code Annotated 1953
232 17D-3-103, Utah Code Annotated 1953
233 17D-3-104, Utah Code Annotated 1953
234 17D-3-201, Utah Code Annotated 1953
235 17D-3-202, Utah Code Annotated 1953
236 17D-3-203, Utah Code Annotated 1953
237 17D-3-204, Utah Code Annotated 1953
238 17D-3-301, Utah Code Annotated 1953
239 17D-3-302, Utah Code Annotated 1953
240 17D-3-303, Utah Code Annotated 1953
241 17D-3-304, Utah Code Annotated 1953
242 17D-3-305, Utah Code Annotated 1953

243 17D-3-306, Utah Code Annotated 1953
244 17D-3-307, Utah Code Annotated 1953
245 17D-3-308, Utah Code Annotated 1953
246 17D-3-309, Utah Code Annotated 1953
247 17D-3-310, Utah Code Annotated 1953
248 20A-3-605, Utah Code Annotated 1953
249 RENUMBERS AND AMENDS:
250 17B-1-306.5, (Renumbered from 17B-2a-906, as enacted by Laws of Utah 2007,
251 Chapter 329)
252 17D-3-102, (Renumbered from 17A-3-800, as last amended by Laws of Utah 2007,
253 Chapter 179)
254 REPEALS:
255 17A-2-1301, as renumbered and amended by Laws of Utah 1990, Chapter 186
256 17A-2-1302, as last amended by Laws of Utah 2003, Chapter 292
257 17A-2-1303, as renumbered and amended by Laws of Utah 1990, Chapter 186
258 17A-2-1304, as last amended by Laws of Utah 2007, Chapters 183 and 203
259 17A-2-1305, as renumbered and amended by Laws of Utah 1990, Chapter 186
260 17A-2-1306, as renumbered and amended by Laws of Utah 1990, Chapter 186
261 17A-2-1307, as renumbered and amended by Laws of Utah 1990, Chapter 186
262 17A-2-1308, as last amended by Laws of Utah 2003, Chapter 292
263 17A-2-1309, as renumbered and amended by Laws of Utah 1990, Chapter 186
264 17A-2-1310, as renumbered and amended by Laws of Utah 1990, Chapter 186
265 17A-2-1311, as last amended by Laws of Utah 2005, Chapter 233
266 17A-2-1312, as last amended by Laws of Utah 2005, Chapter 105
267 17A-2-1313, as last amended by Laws of Utah 2005, Chapter 233
268 17A-2-1314, as last amended by Laws of Utah 2007, Chapter 329
269 17A-2-1315, as last amended by Laws of Utah 2007, Chapter 329
270 17A-2-1316, as last amended by Laws of Utah 2005, Chapter 105
271 17A-2-1317, as renumbered and amended by Laws of Utah 1990, Chapter 186
272 17A-2-1318, as last amended by Laws of Utah 2005, Chapter 148
273 17A-2-1319, as renumbered and amended by Laws of Utah 1990, Chapter 186

274 17A-2-1320, as last amended by Laws of Utah 2001, Chapter 195
275 17A-2-1321, as last amended by Laws of Utah 2004, Chapter 316
276 17A-2-1322, as last amended by Laws of Utah 2005, Chapters 105 and 260
277 17A-2-1323, as renumbered and amended by Laws of Utah 1990, Chapter 186
278 17A-2-1324, as renumbered and amended by Laws of Utah 1990, Chapter 186
279 17A-2-1325, as renumbered and amended by Laws of Utah 1990, Chapter 186
280 17A-2-1326, as last amended by Laws of Utah 2007, Chapters 203 and 329
281 17A-2-1327, as last amended by Laws of Utah 2005, Chapter 233
282 17A-2-1328, as renumbered and amended by Laws of Utah 1990, Chapter 186
283 17A-2-1329, as last amended by Laws of Utah 2005, Chapter 233
284 17A-2-1330, as last amended by Laws of Utah 2007, Chapter 329
285 17A-2-1331, as renumbered and amended by Laws of Utah 1990, Chapter 186
286 17A-2-1332, as renumbered and amended by Laws of Utah 1990, Chapter 186
287 17A-3-401, as renumbered and amended by Laws of Utah 1990, Chapter 186
288 17A-3-402, as renumbered and amended by Laws of Utah 1990, Chapter 186
289 17A-3-403, as renumbered and amended by Laws of Utah 1990, Chapter 186
290 17A-3-404, as renumbered and amended by Laws of Utah 1990, Chapter 186
291 17A-3-405, as renumbered and amended by Laws of Utah 1990, Chapter 186
292 17A-3-406, as renumbered and amended by Laws of Utah 1990, Chapter 186
293 17A-3-407, as last amended by Laws of Utah 2003, Chapter 292
294 17A-3-408, as renumbered and amended by Laws of Utah 1990, Chapter 186
295 17A-3-409, as renumbered and amended by Laws of Utah 1990, Chapter 186
296 17A-3-410, as renumbered and amended by Laws of Utah 1990, Chapter 186
297 17A-3-411, as renumbered and amended by Laws of Utah 1990, Chapter 186
298 17A-3-412, as last amended by Laws of Utah 2000, Chapter 1
299 17A-3-413, as renumbered and amended by Laws of Utah 1990, Chapter 186
300 17A-3-414, as renumbered and amended by Laws of Utah 1990, Chapter 186
301 17A-3-801, as renumbered and amended by Laws of Utah 1990, Chapter 186
302 17A-3-802, as renumbered and amended by Laws of Utah 1990, Chapter 186
303 17A-3-803, as renumbered and amended by Laws of Utah 1990, Chapter 186
304 17A-3-804, as last amended by Laws of Utah 1997, Chapter 180

305 17A-3-805, as last amended by Laws of Utah 2005, Chapter 39
306 17A-3-806, as renumbered and amended by Laws of Utah 1990, Chapter 186
307 17A-3-807, as renumbered and amended by Laws of Utah 1990, Chapter 186
308 17A-3-1201, as last amended by Laws of Utah 1993, Chapter 227
309 17A-3-1202, as renumbered and amended by Laws of Utah 1990, Chapter 186
310 17A-3-1203, as last amended by Laws of Utah 1993, Chapter 227
311 17A-3-1204, as last amended by Laws of Utah 1994, Chapter 146
312 17A-3-1205, as renumbered and amended by Laws of Utah 1990, Chapter 186
313 17A-3-1206, as last amended by Laws of Utah 1993, Chapter 227
314 17A-3-1301, as renumbered and amended by Laws of Utah 1990, Chapter 186
315 17A-3-1302, as renumbered and amended by Laws of Utah 1990, Chapter 186
316 17A-3-1303, as renumbered and amended by Laws of Utah 1990, Chapter 186
317 17A-3-1304, as renumbered and amended by Laws of Utah 1990, Chapter 186
318 17A-3-1305, as renumbered and amended by Laws of Utah 1990, Chapter 186
319 17A-3-1306, as renumbered and amended by Laws of Utah 1990, Chapter 186
320
321 Be it enacted by the Legislature of the state of Utah:
322 Section 1. Section 4-18-3 is amended to read:
323 4-18-3. Definitions.
324 As used in this chapter:
325 (1) "Alternate" means a substitute for a district supervisor if the district supervisor
326 cannot attend a meeting.
327 (2) (a) "Animal feeding operation" means a facility where animals, other than aquatic
328 animals, are stabled or confined and fed or maintained for a total of 45 days or more in any
329 12-month period.
330 (b) "Animal feeding operation" does not include an operation where animals are in
331 areas such as pastures or rangeland that sustain crops or forage growth during the entire time
332 the animals are present.
333 (3) "Commission" means the Conservation Commission created in Section 4-18-4 .
334 (4) "Comprehensive nutrient management plan" means a plan that identifies actions or
335 priorities that will be followed to meet clearly defined nutrient management goals at an animal

336 feeding operation.
337 (5) "District" or " conservation district" [means a governmental subdivision of this
338 state organized under Title 17A, Chapter 3, Part 8, Conservation Districts] has the same
339 meaning as "conservation district" as defined in Section 17D-3-102 .
340 Section 2. Section 4-18-5 is amended to read:
341 4-18-5. Conservation commission -- Functions and duties.
342 (1) The commission shall:
343 (a) facilitate the development and implementation of the strategies and programs
344 necessary to protect, conserve, utilize, and develop the soil and water resources of the state;
345 (b) disseminate information regarding districts' activities and programs;
346 (c) supervise the formation, reorganization, or dissolution of districts according to the
347 requirements of Title [17A] 17D, Chapter 3, [Part 8,] Conservation [Districts] District Act;
348 (d) prescribe uniform accounting and recordkeeping procedures for districts and
349 require each district to submit annually an audit of its funds to the commission;
350 (e) approve and make loans for agricultural purposes, from the Agriculture Resource
351 Development Fund for:
352 (i) nonfederal rangeland improvement and management projects;
353 (ii) watershed protection and flood prevention projects;
354 (iii) agricultural cropland soil and water conservation projects; and
355 (iv) programs designed to promote energy efficient farming practices;
356 (f) administer federal or state funds in accordance with applicable federal or state
357 guidelines and make loans or grants from those funds to land occupiers for the conservation of
358 soil or water resources;
359 (g) seek to coordinate soil and water protection, conservation, and development
360 activities and programs of state agencies, local governmental units, other states, special interest
361 groups, and federal agencies; and
362 (h) plan watershed and flood control projects in cooperation with appropriate local,
363 state, and federal authorities and coordinate flood control projects in the state.
364 (2) The commission may:
365 (a) employ, with the approval of the department, an administrator and necessary
366 technical experts and employees;

367 (b) execute contracts or other instruments necessary to exercise its powers;
368 (c) sue and be sued; and
369 (d) adopt rules, in accordance with Title 63, Chapter 46a, Utah Administrative
370 Rulemaking Act, necessary to carry out the powers and duties specified in Subsections (1)(d),
371 (e), (f), and (2)(b).
372 Section 3. Section 4-20-1.5 is amended to read:
373 4-20-1.5. State Grazing Advisory Board -- Duties.
374 (1) (a) There is created within the department the State Grazing Advisory Board.
375 (b) The commissioner shall appoint the following members:
376 (i) one member from each regional board;
377 (ii) one member from the Conservation Commission created in Section 4-18-4 ;
378 (iii) one representative of the Department of Natural Resources;
379 (iv) two livestock producers at-large; and
380 (v) one representative of the oil, gas, or mining industry.
381 (2) The term of office for a state board member is four years.
382 (3) Members of the state board shall elect a chair, who shall serve for two years.
383 (4) (a) (i) A member who is not a government employee may not receive compensation
384 or benefits for the member's service, but may receive per diem and expenses incurred in the
385 performance of the member's official duties at the rates established by the Division of Finance
386 under Sections 63A-3-106 and 63A-3-107 .
387 (ii) A member may decline to receive per diem and expenses for the member's service.
388 (b) (i) A state government officer and employee member who does not receive salary,
389 per diem, or expenses from the agency