First Substitute H.B. 226

This document includes House Committee Amendments incorporated into the bill on Tue, Feb 1, 2011 at 11:45 AM by lerror. --> This document includes House Floor Amendments incorporated into the bill on Tue, Feb 8, 2011 at 1:26 PM by lerror. --> This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 28, 2011 at 2:26 PM by kcallred. -->

Representative Wayne A. Harper proposes the following substitute bill:

1 LOCAL GOVERNMENT FEE AUTHORITY
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Wayne A. Harper
5 Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill prohibits, with certain exceptions, a service area from charging or collecting a
10 fee.
11 Highlighted Provisions:
12 This bill:
13 . prohibits, with certain exceptions, a service area from charging or collecting a fee;
14 and
15 . makes technical corrections.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 17B-2a-902, as enacted by Laws of Utah 2007, Chapter 329
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 17B-2a-902 is amended to read:

26 17B-2a-902. Provisions applicable to service areas.
27 (1) Each service area is governed by and has the powers stated in:
28 (a) this part; and
29 (b) except as provided in Subsection (5), Chapter 1, Provisions Applicable to All Local
30 Districts.
31 (2) This part applies only to service areas.
32 (3) A service area is not subject to the provisions of any other part of this chapter.
33 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
34 Local Districts, and a provision in this part, the provision in this part governs.
35 (5) (a) Except as provided in Subsection (5)(b), on or after H. [ July ] S. [ January ]
35a December .H [ 1, ] 31, .S
35a H. [ 2011 ] 2012 .H , a service area
36 may not charge or collect a fee under Section 17B-1-643 for:
37 (i) law enforcement services;
38 (ii) fire protection services;
39 (iii) 911 ambulance or paramedic services as defined in Section 26-8a-102 that are
40 provided under a contract in accordance with Section 26-8a-405.2 ; or
41 (iv) emergency services.
42 (b) Subsection (5)(a) does not apply to:
43 (i) a fee charged or collected on an individual basis rather than a general basis S. [ and in
44 accordance with Section 26-8a-403 ] .S ;
45 (ii) a non-911 service as defined in Section 26-8a-102 that is provided under a contract
46 in accordance with Section 26-8a-405.2 ; H. [ or ] .H
47 (iii) an impact fee charged or collected for a public safety facility as defined in Section
48 11-36-102 H. [ . ] ; or
48a (iv) a service area that includes within the boundary of the service area a county of the
48b fourth, fifth, or sixth class. .H