1     
PUBLIC INFORMATION WEBSITE MODIFICATIONS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Candice B. Pierucci

5     
Senate Sponsor: John D. Johnson

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to certain public information websites.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires the Division of Archives and Records Service to create and maintain the
13     Utah Open Records Portal Website to serve as a point of access for Government
14     Records Access and Management Act requests;
15          ▸     renumbers and modifies provisions applicable to the Utah Public Notice Website,
16     administered by the Division of Archives and Records Service;
17          ▸     clarifies provisions relating to the membership and duties of the Utah Transparency
18     Advisory Board;
19          ▸     requires the Department of Technology Services to create and maintain the Utah
20     Open Data Portal Website to serve as a point of access for public information;
21          ▸     renumbers and modifies provisions applicable to the Utah Public Finance Website,
22     administered by the state auditor;
23          ▸     imposes a reporting requirement on the state auditor; and
24          ▸     makes technical and conforming changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          None

29     Utah Code Sections Affected:
30     AMENDS:
31          4-21-106, as last amended by Laws of Utah 2019, Chapters 370 and 456
32          4-22-107, as last amended by Laws of Utah 2019, Chapters 370 and 456
33          4-30-106, as last amended by Laws of Utah 2020, Chapter 154
34          7-1-706, as last amended by Laws of Utah 2010, Chapter 90
35          10-2-406, as last amended by Laws of Utah 2019, Chapter 255
36          10-2-407, as last amended by Laws of Utah 2019, Chapter 255
37          10-2-415, as last amended by Laws of Utah 2020, Chapter 22
38          10-2-418, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 7
39          10-2-419, as last amended by Laws of Utah 2019, Chapter 255
40          10-2-501, as last amended by Laws of Utah 2019, Chapter 255
41          10-2-502.5, as last amended by Laws of Utah 2019, Chapter 255
42          10-2-607, as last amended by Laws of Utah 2019, Chapter 255
43          10-2-703, as last amended by Laws of Utah 2019, Chapter 255
44          10-2-708, as last amended by Laws of Utah 2020, Chapter 22
45          10-2a-207, as last amended by Laws of Utah 2019, Chapters 165, 255 and last amended
46     by Coordination Clause, Laws of Utah 2019, Chapter 165
47          10-2a-210, as last amended by Laws of Utah 2020, Chapter 22
48          10-2a-213, as last amended by Laws of Utah 2020, Chapter 22
49          10-2a-214, as last amended by Laws of Utah 2020, Chapter 22
50          10-2a-215, as last amended by Laws of Utah 2020, Chapter 22
51          10-2a-405, as last amended by Laws of Utah 2016, Chapter 176
52          10-3-301, as last amended by Laws of Utah 2020, Chapter 95
53          10-3-818, as last amended by Laws of Utah 2010, Chapter 90
54          10-5-107.5, as enacted by Laws of Utah 2017, Chapter 71
55          10-5-108, as last amended by Laws of Utah 2017, Chapter 193

56          10-6-113, as last amended by Laws of Utah 2017, Chapter 193
57          10-6-135.5, as enacted by Laws of Utah 2017, Chapter 71
58          10-7-19, as last amended by Laws of Utah 2019, Chapter 255
59          10-8-2, as last amended by Laws of Utah 2019, Chapter 376
60          10-8-15, as last amended by Laws of Utah 2019, Chapter 413
61          10-9a-203, as last amended by Laws of Utah 2015, Chapter 202
62          10-9a-204, as last amended by Laws of Utah 2010, Chapter 90
63          10-9a-205, as last amended by Laws of Utah 2017, Chapter 84
64          10-9a-208, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
65          10-18-203, as last amended by Laws of Utah 2010, Chapter 90
66          10-18-302, as last amended by Laws of Utah 2014, Chapter 176
67          11-13-204, as last amended by Laws of Utah 2015, Chapter 265
68          11-13-509, as enacted by Laws of Utah 2015, Chapter 265
69          11-13-531, as enacted by Laws of Utah 2015, Chapter 265
70          11-13-603, as last amended by Laws of Utah 2019, Chapter 370
71          11-14-202, as last amended by Laws of Utah 2020, Chapter 31
72          11-14-318, as last amended by Laws of Utah 2009, First Special Session, Chapter 5
73          11-36a-501, as enacted by Laws of Utah 2011, Chapter 47
74          11-36a-503, as enacted by Laws of Utah 2011, Chapter 47
75          11-36a-504, as last amended by Laws of Utah 2017, Chapter 84
76          11-42-202, as last amended by Laws of Utah 2020, Chapter 282
77          11-42-402, as last amended by Laws of Utah 2015, Chapter 396
78          11-58-502, as last amended by Laws of Utah 2019, Chapter 399
79          11-58-801, as last amended by Laws of Utah 2018, Second Special Session, Chapter 1
80          11-59-401, as enacted by Laws of Utah 2018, Chapter 388
81          17-27a-203, as last amended by Laws of Utah 2009, Chapter 188
82          17-27a-204, as last amended by Laws of Utah 2010, Chapter 90

83          17-27a-205, as last amended by Laws of Utah 2017, Chapter 84
84          17-27a-208, as last amended by Laws of Utah 2019, Chapter 384
85          17-27a-306, as last amended by Laws of Utah 2015, Chapter 352
86          17-27a-404, as last amended by Laws of Utah 2020, Chapter 434
87          17-36-12, as last amended by Laws of Utah 2017, Chapter 193
88          17-36-26, as last amended by Laws of Utah 2017, Chapter 193
89          17-41-304, as last amended by Laws of Utah 2019, Chapter 227
90          17-41-405, as last amended by Laws of Utah 2019, Chapter 227
91          17-50-303, as last amended by Laws of Utah 2019, Chapter 376
92          17B-1-106, as last amended by Laws of Utah 2013, Chapter 445
93          17B-1-211, as last amended by Laws of Utah 2013, Chapter 265
94          17B-1-303, as last amended by Laws of Utah 2019, Chapters 40 and 255
95          17B-1-306, as last amended by Laws of Utah 2020, Chapter 31
96          17B-1-413, as last amended by Laws of Utah 2010, Chapter 90
97          17B-1-417, as last amended by Laws of Utah 2010, Chapter 90
98          17B-1-505.5, as enacted by Laws of Utah 2017, Chapter 404
99          17B-1-609, as last amended by Laws of Utah 2015, Chapter 436
100          17B-1-643, as last amended by Laws of Utah 2016, Chapter 273
101          17B-1-1204, as last amended by Laws of Utah 2010, Chapter 90
102          17B-1-1307, as last amended by Laws of Utah 2010, Chapter 90
103          17B-2a-705, as last amended by Laws of Utah 2019, Chapter 255
104          17B-2a-1110, as last amended by Laws of Utah 2016, Chapter 176
105          17C-1-207, as last amended by Laws of Utah 2019, Chapter 376
106          17C-1-601.5, as last amended by Laws of Utah 2018, Chapter 101
107          17C-1-804, as last amended by Laws of Utah 2019, Chapter 376
108          17C-1-806, as last amended by Laws of Utah 2018, Chapter 364
109          17C-2-108, as last amended by Laws of Utah 2016, Chapter 350

110          17C-3-107, as last amended by Laws of Utah 2016, Chapter 350
111          17C-4-109, as last amended by Laws of Utah 2016, Chapter 350
112          17C-4-202, as last amended by Laws of Utah 2016, Chapter 350
113          17C-5-110, as enacted by Laws of Utah 2016, Chapter 350
114          17C-5-113, as enacted by Laws of Utah 2016, Chapter 350
115          17C-5-205, as last amended by Laws of Utah 2019, Chapter 376
116          17D-3-107, as last amended by Laws of Utah 2019, Chapter 370
117          17D-3-305, as last amended by Laws of Utah 2020, Chapter 311
118          19-2-109, as last amended by Laws of Utah 2012, Chapter 360
119          20A-1-512, as last amended by Laws of Utah 2019, Chapter 40
120          20A-3a-604, as renumbered and amended by Laws of Utah 2020, Chapter 31
121          20A-4-104, as last amended by Laws of Utah 2020, Chapter 31
122          20A-4-304, as last amended by Laws of Utah 2019, Chapters 255 and 433
123          20A-5-101, as last amended by Laws of Utah 2019, Chapter 255
124          20A-5-403.5, as enacted by Laws of Utah 2020, Chapter 31
125          20A-5-405, as last amended by Laws of Utah 2020, Chapter 31
126          20A-7-204.1, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
127          20A-7-401.5, as enacted by Laws of Utah 2019, Chapter 203
128          20A-7-402, as last amended by Laws of Utah 2020, Chapters 22 and 354
129          20A-9-203, as last amended by Laws of Utah 2020, Chapter 22
130          26-61a-303, as last amended by Laws of Utah 2020, Chapter 12
131          32B-8a-302, as last amended by Laws of Utah 2020, Chapter 219
132          45-1-101, as last amended by Laws of Utah 2019, Chapter 274
133          49-11-1102, as enacted by Laws of Utah 2016, Chapter 281
134          52-4-202, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 1
135          52-4-203, as last amended by Laws of Utah 2018, Chapter 425
136          53-13-114, as last amended by Laws of Utah 2012, Chapter 196

137          53B-7-101.5, as last amended by Laws of Utah 2010, Chapter 90
138          53B-8a-103, as last amended by Laws of Utah 2019, Chapters 370 and 456
139          53D-1-103, as last amended by Laws of Utah 2019, Chapters 370 and 456
140          53E-3-705, as last amended by Laws of Utah 2019, Chapters 186 and 370
141          53E-4-202, as last amended by Laws of Utah 2019, Chapters 186 and 324
142          53G-3-204, as renumbered and amended by Laws of Utah 2018, Chapter 3
143          53G-4-204, as last amended by Laws of Utah 2019, Chapter 293
144          53G-4-402, as last amended by Laws of Utah 2020, Chapter 347
145          53G-5-504, as last amended by Laws of Utah 2020, Chapters 192 and 408
146          53G-7-1105, as last amended by Laws of Utah 2019, Chapter 293
147          54-8-10, as last amended by Laws of Utah 2010, Chapter 90
148          54-8-16, as last amended by Laws of Utah 2010, Chapter 90
149          57-11-11, as last amended by Laws of Utah 2011, Chapter 340
150          59-2-919, as last amended by Laws of Utah 2020, Chapter 354
151          59-2-919.2, as last amended by Laws of Utah 2010, Chapter 90
152          59-12-1102, as last amended by Laws of Utah 2016, Chapter 364
153          63A-3-103, as last amended by Laws of Utah 2020, Chapter 365
154          63A-5b-905, as renumbered and amended by Laws of Utah 2020, Chapter 152
155          63A-12-100, as last amended by Laws of Utah 2010, Chapter 258
156          63A-12-101, as last amended by Laws of Utah 2019, Chapter 254
157          63E-2-109, as last amended by Laws of Utah 2019, Chapter 370
158          63G-4-107, as enacted by Laws of Utah 2016, Chapter 312
159          63G-9-303, as last amended by Laws of Utah 2016, Chapter 118
160          63H-1-701, as last amended by Laws of Utah 2018, Chapter 101
161          63H-2-502, as last amended by Laws of Utah 2018, Chapter 101
162          63H-4-108, as last amended by Laws of Utah 2019, Chapters 370 and 456
163          63H-5-108, as last amended by Laws of Utah 2019, Chapters 370 and 456

164          63H-6-103, as last amended by Laws of Utah 2020, Chapter 152
165          63H-7a-104, as enacted by Laws of Utah 2019, Chapter 456
166          63H-7a-803, as last amended by Laws of Utah 2019, Chapters 370 and 509
167          63H-8-204, as last amended by Laws of Utah 2019, Chapter 370
168          63I-1-263, as last amended by Laws of Utah 2020, Chapters 82, 152, 154, 199, 230,
169     303, 322, 336, 354, 360, 375, 405 and last amended by Coordination Clause, Laws
170     of Utah 2020, Chapter 360
171          63I-2-263, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 12
172          63M-4-402, as enacted by Laws of Utah 2014, Chapter 294
173          67-1-2.5, as last amended by Laws of Utah 2020, Chapters 154, 352, and 373
174          67-3-1, as last amended by Laws of Utah 2018, Chapters 200 and 256
175          72-3-108, as last amended by Laws of Utah 2010, Chapter 90
176          72-5-105, as last amended by Laws of Utah 2017, First Special Session, Chapter 2
177          73-1-16, as last amended by Laws of Utah 2010, Chapter 90
178          73-5-14, as last amended by Laws of Utah 2010, Chapter 90
179          75-1-401, as last amended by Laws of Utah 2010, Chapter 90
180     ENACTS:
181          63A-12-114, Utah Code Annotated 1953
182          63A-16-101, Utah Code Annotated 1953
183          63A-16-102, Utah Code Annotated 1953
184          63A-16-202, Utah Code Annotated 1953
185          63F-1-108, Utah Code Annotated 1953
186     RENUMBERS AND AMENDS:
187          63A-12-201, (Renumbered from 63F-1-701, as last amended by Laws of Utah 2020,
188     Chapter 154)
189          63A-12-202, (Renumbered from 63F-1-702, as enacted by Laws of Utah 2007, Chapter
190     249)

191          63A-16-201, (Renumbered from 63A-1-203, as renumbered and amended by Laws of
192     Utah 2019, Chapter 370)
193          67-3-12, (Renumbered from 63A-1-202, as last amended by Laws of Utah 2019,
194     Chapter 214 and renumbered and amended by Laws of Utah 2019, Chapter 370)
195     REPEALS:
196          63A-1-201, as renumbered and amended by Laws of Utah 2019, Chapter 370
197          63A-1-204, as renumbered and amended by Laws of Utah 2019, Chapter 370
198          63A-1-205, as renumbered and amended by Laws of Utah 2019, Chapter 370
199          63A-1-206, as renumbered and amended by Laws of Utah 2019, Chapter 370
200     

201     Be it enacted by the Legislature of the state of Utah:
202          Section 1. Section 4-21-106 is amended to read:
203          4-21-106. Exemption from certain operational requirements.
204          (1) The council is exempt from:
205          (a) Title 51, Chapter 5, Funds Consolidation Act;
206          (b) Title 63A, Utah Administrative Services Code[, except as provided in Subsection
207     (2)(c)];
208          (c) Title 63G, Chapter 6a, Utah Procurement Code, but the council shall adopt
209     procedures to ensure that the council makes purchases:
210          (i) in a manner that provides for fair competition between providers; and
211          (ii) at competitive prices;
212          (d) Title 63J, Chapter 1, Budgetary Procedures Act; and
213          (e) Title 67, Chapter 19, Utah State Personnel Management Act.
214          (2) The council is subject to:
215          (a) Title 51, Chapter 7, State Money Management Act;
216          (b) Title 52, Chapter 4, Open and Public Meetings Act;
217          (c) [Title 63A, Chapter 1, Part 2, Utah Public Finance Website] Section 67-3-12;

218          (d) Title 63G, Chapter 2, Government Records Access and Management Act;
219          (e) other Utah Code provisions not specifically exempted under Subsection
220     4-21-106(1); and
221          (f) audit by the state auditor pursuant to Title 67, Chapter 3, Auditor, and by the
222     legislative auditor pursuant to Section 36-12-15.
223          Section 2. Section 4-22-107 is amended to read:
224          4-22-107. Exemption from certain operational requirements.
225          (1) The commission is exempt from:
226          (a) Title 51, Chapter 5, Funds Consolidation Act;
227          (b) Title 51, Chapter 7, State Money Management Act;
228          (c) [except as provided in Subsection (2)(b),] Title 63A, Utah Administrative Services
229     Code;
230          (d) Title 63G, Chapter 6a, Utah Procurement Code, but the commission shall adopt
231     procedures to ensure that the commission makes purchases:
232          (i) in a manner that provides for fair competition between providers; and
233          (ii) at competitive prices;
234          (e) Title 63J, Chapter 1, Budgetary Procedures Act; and
235          (f) Title 67, Chapter 19, Utah State Personnel Management Act.
236          (2) The commission is subject to:
237          (a) Title 52, Chapter 4, Open and Public Meetings Act;
238          (b) [Title 63A, Chapter 1, Part 2, Utah Public Finance Website] Section 67-3-12; and
239          (c) Title 63G, Chapter 2, Government Records Access and Management Act.
240          Section 3. Section 4-30-106 is amended to read:
241          4-30-106. Hearing on license application -- Notice of hearing.
242          (1) Upon the filing of an application, the department shall set a time for hearing on the
243     application in the city or town nearest the proposed site of the livestock market and cause
244     notice of the time and place of the hearing together with a copy of the application to be

245     forwarded by mail, not less than 15 days before the hearing date, to the following:
246          (a) each licensed livestock market operator within the state; and
247          (b) each livestock or other interested association or group of persons in the state that
248     has filed written notice with the department requesting receipt of notice of such hearings.
249          (2) Notice of the hearing shall be published 14 days before the scheduled hearing date:
250          (a) in a daily or weekly newspaper of general circulation within the city or town where
251     the hearing is scheduled; and
252          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201.
253          Section 4. Section 7-1-706 is amended to read:
254          7-1-706. Application to commissioner to exercise power -- Procedure.
255          (1) Except as provided in Sections 7-1-704 and 7-1-705, by filing a request for agency
256     action with the commissioner, any person may request the commissioner to:
257          (a) issue any rule or order;
258          (b) exercise any powers granted to the commissioner under this title; or
259          (c) act on any matter that is subject to the approval of the commissioner.
260          (2) Within 10 days of receipt of the request, the commissioner shall, at the applicant's
261     expense, cause a supervisor to make a careful investigation of the facts relevant or material to
262     the request.
263          (3) (a) The supervisor shall submit written findings and recommendations to the
264     commissioner.
265          (b) The application, any additional information furnished by the applicant, and the
266     findings and recommendations of the supervisor may be inspected by any person at the office
267     of the commissioner, except those portions of the application or report that the commissioner
268     designates as confidential to prevent a clearly unwarranted invasion of privacy.
269          (4) (a) If a hearing is held concerning the request, the commissioner shall publish
270     notice of the hearing at the applicant's expense:
271          (i) in a newspaper of general circulation within the county where the applicant is

272     located at least once a week for three successive weeks before the date of the hearing; and
273          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
274     three weeks before the date of the hearing.
275          (b) The notice required by Subsection (4)(a) shall include the information required by
276     the department's rules.
277          (c) The commissioner shall act upon the request within 30 days after the close of the
278     hearing, based on the record before the commissioner.
279          (5) (a) If no hearing is held, the commissioner shall approve or disapprove the request
280     within 90 days of receipt of the request based on:
281          (i) the application;
282          (ii) additional information filed with the commissioner; and
283          (iii) the findings and recommendations of the supervisor.
284          (b) The commissioner shall act on the request by issuing findings of fact, conclusions,
285     and an order, and shall mail a copy of each to:
286          (i) the applicant;
287          (ii) all persons who have filed protests to the granting of the application; and
288          (iii) other persons that the commissioner considers should receive copies.
289          (6) The commissioner may impose any conditions or limitations on the approval or
290     disapproval of a request that the commissioner considers proper to:
291          (a) protect the interest of creditors, depositors, and other customers of an institution;
292          (b) protect its shareholders or members; and
293          (c) carry out the purposes of this title.
294          Section 5. Section 10-2-406 is amended to read:
295          10-2-406. Notice of certification -- Publishing and providing notice of petition.
296          (1) After receipt of the notice of certification from the city recorder or town clerk under
297     Subsection 10-2-405(2)(c)(i), the municipal legislative body shall publish notice:
298          (a) (i) at least once a week for three successive weeks, beginning no later than 10 days

299     after the day on which the municipal legislative body receives the notice of certification, in a
300     newspaper of general circulation within:
301          (A) the area proposed for annexation; and
302          (B) the unincorporated area within 1/2 mile of the area proposed for annexation;
303          (ii) if there is no newspaper of general circulation in the combined area described in
304     Subsections (1)(a)(i)(A) and (B), no later than 10 days after the day on which the municipal
305     legislative body receives the notice of certification, by posting one notice, and at least one
306     additional notice per 2,000 population within the combined area, in places within the combined
307     area that are most likely to give notice to the residents within, and the owners of real property
308     located within, the combined area; or
309          (iii) no later than 10 days after the day on which the municipal legislative body
310     receives the notice of certification, by mailing the notice to each residence within, and to each
311     owner of real property located within, the combined area described in Subsections (1)(a)(i)(A)
312     and (B);
313          (b) in accordance with Section 45-1-101, for three weeks, beginning no later than 10
314     days after the day on which the municipal legislative body receives the notice of certification;
315          (c) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
316     three weeks, beginning no later than 10 days after the day on which the municipal legislative
317     body receives the notice of certification;
318          (d) within 20 days after the day on which the municipal legislative body receives the
319     notice of certification, by mailing written notice to each affected entity; and
320          (e) if the municipality has a website, on the municipality's website for the period of
321     time described in Subsection (1)(c).
322          (2) The notice described in Subsection (1) shall:
323          (a) state that a petition has been filed with the municipality proposing the annexation of
324     an area to the municipality;
325          (b) state the date of the municipal legislative body's receipt of the notice of certification

326     under Subsection 10-2-405(2)(c)(i);
327          (c) describe the area proposed for annexation in the annexation petition;
328          (d) state that the complete annexation petition is available for inspection and copying at
329     the office of the city recorder or town clerk;
330          (e) state in conspicuous and plain terms that the municipality may grant the petition
331     and annex the area described in the petition unless, within the time required under Subsection
332     10-2-407(2)(a)(i), a written protest to the annexation petition is filed with the commission and
333     a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
334     municipality;
335          (f) state the address of the commission or, if a commission has not yet been created in
336     the county, the county clerk, where a protest to the annexation petition may be filed;
337          (g) state that the area proposed for annexation to the municipality will also
338     automatically be annexed to a local district providing fire protection, paramedic, and
339     emergency services or a local district providing law enforcement service, as the case may be, as
340     provided in Section 17B-1-416, if:
341          (i) the proposed annexing municipality is entirely within the boundaries of a local
342     district:
343          (A) that provides fire protection, paramedic, and emergency services or law
344     enforcement service, respectively; and
345          (B) in the creation of which an election was not required because of Subsection
346     17B-1-214(3)(c); and
347          (ii) the area proposed to be annexed to the municipality is not already within the
348     boundaries of the local district; and
349          (h) state that the area proposed for annexation to the municipality will be automatically
350     withdrawn from a local district providing fire protection, paramedic, and emergency services or
351     a local district providing law enforcement service, as the case may be, as provided in
352     Subsection 17B-1-502(2), if:

353          (i) the petition proposes the annexation of an area that is within the boundaries of a
354     local district:
355          (A) that provides fire protection, paramedic, and emergency services or law
356     enforcement service, respectively; and
357          (B) in the creation of which an election was not required because of Subsection
358     17B-1-214(3)(c); and
359          (ii) the proposed annexing municipality is not within the boundaries of the local
360     district.
361          (3) (a) The statement required by Subsection (2)(e) shall state the deadline for filing a
362     written protest in terms of the actual date rather than by reference to the statutory citation.
363          (b) In addition to the requirements under Subsection (2), a notice under Subsection (1)
364     for a proposed annexation of an area within a county of the first class shall include a statement
365     that a protest to the annexation petition may be filed with the commission by property owners if
366     it contains the signatures of the owners of private real property that:
367          (i) is located in the unincorporated area within 1/2 mile of the area proposed for
368     annexation;
369          (ii) covers at least 25% of the private land area located in the unincorporated area
370     within 1/2 mile of the area proposed for annexation; and
371          (iii) is equal in value to at least 15% of all real property located in the unincorporated
372     area within 1/2 mile of the area proposed for annexation.
373          Section 6. Section 10-2-407 is amended to read:
374          10-2-407. Protest to annexation petition -- Planning advisory area planning
375     commission recommendation -- Petition requirements -- Disposition of petition if no
376     protest filed.
377          (1) A protest to an annexation petition under Section 10-2-403 may be filed by:
378          (a) the legislative body or governing board of an affected entity;
379          (b) the owner of rural real property as defined in Section 17B-2a-1107; or

380          (c) for a proposed annexation of an area within a county of the first class, the owners of
381     private real property that:
382          (i) is located in the unincorporated area within 1/2 mile of the area proposed for
383     annexation;
384          (ii) covers at least 25% of the private land area located in the unincorporated area
385     within 1/2 mile of the area proposed for annexation; and
386          (iii) is equal in value to at least 15% of all real property located in the unincorporated
387     area within 1/2 mile of the area proposed for annexation.
388          (2) Each protest under Subsection (1) shall:
389          (a) be filed:
390          (i) no later than 30 days after the municipal legislative body's receipt of the notice of
391     certification under Subsection 10-2-405(2)(c)(i); and
392          (ii) (A) in a county that has already created a commission under Section 10-2-409, with
393     the commission; or
394          (B) in a county that has not yet created a commission under Section 10-2-409, with the
395     clerk of the county in which the area proposed for annexation is located;
396          (b) state each reason for the protest of the annexation petition and, if the area proposed
397     to be annexed is located in a specified county, justification for the protest under the standards
398     established in this chapter;
399          (c) if the area proposed to be annexed is located in a specified county, contain other
400     information that the commission by rule requires or that the party filing the protest considers
401     pertinent; and
402          (d) contain the name and address of a contact person who is to receive notices sent by
403     the commission with respect to the protest proceedings.
404          (3) The party filing a protest under this section shall on the same date deliver or mail a
405     copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
406          (4) Each clerk who receives a protest under Subsection (2)(a)(ii)(B) shall:

407          (a) immediately notify the county legislative body of the protest; and
408          (b) deliver the protest to the boundary commission within five days after:
409          (i) receipt of the protest, if the boundary commission has previously been created; or
410          (ii) creation of the boundary commission under Subsection 10-2-409(1)(b), if the
411     boundary commission has not previously been created.
412          (5) (a) If a protest is filed under this section:
413          (i) the municipal legislative body may, at its next regular meeting after expiration of
414     the deadline under Subsection (2)(a)(i), deny the annexation petition; or
415          (ii) if the municipal legislative body does not deny the annexation petition under
416     Subsection (5)(a)(i), the municipal legislative body may take no further action on the
417     annexation petition until after receipt of the commission's notice of its decision on the protest
418     under Section 10-2-416.
419          (b) If a municipal legislative body denies an annexation petition under Subsection
420     (5)(a)(i), the municipal legislative body shall, within five days after the denial, send notice of
421     the denial in writing to:
422          (i) the contact sponsor of the annexation petition;
423          (ii) the commission; and
424          (iii) each entity that filed a protest.
425          (6) If no timely protest is filed under this section, the municipal legislative body may,
426     subject to Subsection (7), approve the petition.
427          (7) Before approving an annexation petition under Subsection (6), the municipal
428     legislative body shall hold a public hearing and publish notice of the public hearing:
429          (a) (i) at least seven days before the day of the public hearing in a newspaper of general
430     circulation within the municipality and the area proposed for annexation;
431          (ii) if there is no newspaper of general circulation in the combined area described in
432     Subsection (7)(a)(i), at least seven days before the day of the public hearing, by posting one
433     notice, and at least one additional notice per 2,000 population within the combined area, in

434     places within the combined area that are most likely to give notice to the residents within, and
435     the owners of real property located within, the combined area; or
436          (iii) at least 10 days before the day of the public hearing by mailing the notice to each
437     residence within, and to each owner of real property located within, the combined area
438     described in Subsection (7)(a)(i);
439          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
440     seven days before the day of the public hearing;
441          (c) in accordance with Section 45-1-101, for seven days before the day of the public
442     hearing; and
443          (d) if the municipality has a website, on the municipality's website for seven days
444     before the day of the public hearing.
445          Section 7. Section 10-2-415 is amended to read:
446          10-2-415. Public hearing -- Notice.
447          (1) (a) If the results of the feasibility study or supplemental feasibility study meet the
448     requirements of Subsection 10-2-416(3) with respect to a proposed annexation of an area
449     located in a county of the first class, the commission shall hold a public hearing within 30 days
450     after the day on which the commission receives the feasibility study or supplemental feasibility
451     study results.
452          (b) At the public hearing described in Subsection (1)(a), the commission shall:
453          (i) require the feasibility consultant to present the results of the feasibility study and, if
454     applicable, the supplemental feasibility study;
455          (ii) allow those present to ask questions of the feasibility consultant regarding the study
456     results; and
457          (iii) allow those present to speak to the issue of annexation.
458          (2) The commission shall publish notice of the public hearing described in Subsection
459     (1)(a):
460          (a) (i) at least once a week for two successive weeks before the public hearing in a

461     newspaper of general circulation within the area proposed for annexation, the surrounding 1/2
462     mile of unincorporated area, and the proposed annexing municipality;
463          (ii) if there is no newspaper of general circulation within the combined area described
464     in Subsection (2)(a)(i), at least two weeks before the day of the public hearing, by posting one
465     notice, and at least one additional notice per 2,000 population within the combined area, in
466     places within the combined area that are most likely to give notice of the public hearing to the
467     residents within, and the owners of real property located within, the combined area; or
468          (iii) by mailing notice to each residence within, and to each owner of real property
469     located within, the combined area described in Subsection (2)(a)(i);
470          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
471     two weeks before the day of the public hearing;
472          (c) in accordance with Section 45-1-101, for two weeks before the day of the public
473     hearing;
474          (d) by sending written notice of the public hearing to the municipal legislative body of
475     the proposed annexing municipality, the contact sponsor on the annexation petition, each entity
476     that filed a protest, and, if a protest was filed under Subsection 10-2-407(1)(c), the contact
477     person;
478          (e) if the municipality has a website, on the municipality's website for two weeks
479     before the day of the public hearing; and
480          (f) on the county's website for two weeks before the day of the public hearing.
481          (3) The notice described in Subsection (2) shall:
482          (a) be entitled, "notice of annexation hearing";
483          (b) state the name of the annexing municipality;
484          (c) describe the area proposed for annexation; and
485          (d) specify the following sources where an individual may obtain a copy of the
486     feasibility study conducted in relation to the proposed annexation:
487          (i) if the municipality has a website, the municipality's website;

488          (ii) a municipality's physical address; and
489          (iii) a mailing address and telephone number.
490          (4) Within 30 days after the time under Subsection 10-2-407(2) for filing a protest has
491     expired with respect to a proposed annexation of an area located in a specified county, the
492     boundary commission shall hold a hearing on all protests that were filed with respect to the
493     proposed annexation.
494          (5) At least 14 days before the date of a hearing described in Subsection (4), the
495     commission chair shall publish notice of the hearing:
496          (a) (i) in a newspaper of general circulation within the area proposed for annexation;
497          (ii) if there is no newspaper of general circulation within the area proposed for
498     annexation, by posting one notice, and at least one additional notice per 2,000 population
499     within the area in places within the area that are most likely to give notice of the hearing to the
500     residents within, and the owners of real property located within, the area; or
501          (iii) mailing notice to each resident within, and each owner of real property located
502     within, the area proposed for annexation;
503          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
504     14 days before the day of the hearing;
505          (c) in accordance with Section 45-1-101, for 14 days before the day of the hearing;
506          (d) if the municipality has a website, on the municipality's website for two weeks
507     before the day of the public hearing; and
508          (e) on the county's website for two weeks before the day of the public hearing.
509          (6) Each notice described in Subsection (5) shall:
510          (a) state the date, time, and place of the hearing;
511          [(a)] (b) briefly summarize the nature of the protest; and
512          [(b)] (c) state that a copy of the protest is on file at the commission's office.
513          (7) The commission may continue a hearing under Subsection (4) from time to time,
514     but no continued hearing may be held later than 60 days after the original hearing date.

515          (8) In considering protests, the commission shall consider whether the proposed
516     annexation:
517          (a) complies with the requirements of Sections 10-2-402 and 10-2-403 and the
518     annexation policy plan of the proposed annexing municipality;
519          (b) conflicts with the annexation policy plan of another municipality; and
520          (c) if the proposed annexation includes urban development, will have an adverse tax
521     consequence on the remaining unincorporated area of the county.
522          (9) (a) The commission shall record each hearing under this section by electronic
523     means.
524          (b) A transcription of the recording under Subsection (9)(a), the feasibility study, if
525     applicable, information received at the hearing, and the written decision of the commission
526     shall constitute the record of the hearing.
527          Section 8. Section 10-2-418 is amended to read:
528          10-2-418. Annexation of an island or peninsula without a petition -- Notice --
529     Hearing.
530          (1) As used in Subsection (2)(b)(ii), for purposes of an annexation conducted in
531     accordance with this section of an area located within a county of the first class,
532     "municipal-type services" does not include a service provided by a municipality pursuant to a
533     contract that the municipality has with another political subdivision as "political subdivision" is
534     defined in Section 17B-1-102.
535          (2) Notwithstanding Subsection 10-2-402(2), a municipality may annex an
536     unincorporated area under this section without an annexation petition if:
537          (a) for an unincorporated area within the expansion area of more than one municipality,
538     each municipality agrees to the annexation; and
539          (b) (i) (A) the area to be annexed consists of one or more unincorporated islands within
540     or unincorporated peninsulas contiguous to the municipality;
541          (B) the majority of each island or peninsula consists of residential or commercial

542     development;
543          (C) the area proposed for annexation requires the delivery of municipal-type services;
544     and
545          (D) the municipality has provided most or all of the municipal-type services to the area
546     for more than one year;
547          (ii) (A) the area to be annexed consists of one or more unincorporated islands within or
548     unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800
549     residents; and
550          (B) the municipality has provided one or more municipal-type services to the area for
551     at least one year;
552          (iii) the area consists of:
553          (A) an unincorporated island within or an unincorporated peninsula contiguous to the
554     municipality; and
555          (B) for an area outside of the county of the first class proposed for annexation, no more
556     than 50 acres; or
557          (iv) (A) the area to be annexed consists only of one or more unincorporated islands in a
558     county of the second class;
559          (B) the area to be annexed is located in the expansion area of a municipality; and
560          (C) the county legislative body in which the municipality is located provides notice to
561     each property owner within the area to be annexed that the county legislative body will hold a
562     public hearing, no less than 15 days after the day on which the county legislative body provides
563     the notice, and may make a recommendation of annexation to the municipality whose
564     expansion area includes the area to be annexed after the public hearing.
565          (3) Notwithstanding Subsection 10-2-402(1)(b)(iii), a municipality may annex a
566     portion of an unincorporated island or unincorporated peninsula under this section, leaving
567     unincorporated the remainder of the unincorporated island or unincorporated peninsula, if:
568          (a) in adopting the resolution under Subsection (5)(a) the municipal legislative body

569     determines that not annexing the entire unincorporated island or unincorporated peninsula is in
570     the municipality's best interest; and
571          (b) for an annexation of one or more unincorporated islands under Subsection (2)(b),
572     the entire island of unincorporated area, of which a portion is being annexed, complies with the
573     requirement of Subsection (2)(b)(ii) relating to the number of residents.
574          (4) (a) This subsection applies only to an annexation within a county of the first class.
575          (b) A county of the first class shall agree to an annexation if the majority of private
576     property owners within the area to be annexed give written consent to the annexation, in
577     accordance with Subsection (4)(d), to the recorder of the annexing municipality.
578          (c) For purposes of Subsection (4)(b), the majority of private property owners is
579     property owners who own:
580          (i) the majority of the total private land area within the area proposed for annexation;
581     and
582          (ii) private real property equal to at least 1/2 the value of private real property within
583     the area proposed for annexation.
584          (d) A property owner consenting to annexation shall indicate the property owner's
585     consent on a form which includes language in substantially the following form:
586          "Notice: If this written consent is used to proceed with an annexation of your property
587     in accordance with Utah Code Section 10-2-418, no public election is required by law to
588     approve the annexation. If you sign this consent and later decide you do not want to support
589     the annexation of your property, you may withdraw your signature by submitting a signed,
590     written withdrawal with the recorder or clerk of [name of annexing municipality]. If you
591     choose to withdraw your signature, you must do so no later than the close of the public hearing
592     on the annexation conducted in accordance with Utah Code Subsection 10-2-418(4)(d).".
593          (e) A private property owner may withdraw the property owner's signature indicating
594     consent by submitting a signed, written withdrawal with the recorder or clerk no later than the
595     close of the public hearing held in accordance with Subsection (5)(b).

596          (5) The legislative body of each municipality intending to annex an area under this
597     section shall:
598          (a) adopt a resolution indicating the municipal legislative body's intent to annex the
599     area, describing the area proposed to be annexed; and
600          (b) hold a public hearing on the proposed annexation no earlier than 30 days after the
601     adoption of the resolution described in Subsection (5)(a).
602          (6) A legislative body described in Subsection (5) shall publish notice of a public
603     hearing described in Subsection (5)(b):
604          (a) (i) at least once a week for three successive weeks before the public hearing in a
605     newspaper of general circulation within the municipality and the area proposed for annexation;
606          (ii) if there is no newspaper of general circulation in the combined area described in
607     Subsection (6)(a)(i), at least three weeks before the day of the public hearing, by posting one
608     notice, and at least one additional notice per 2,000 population in the combined area, in places
609     within the combined area that are most likely to give notice to the residents within, and the
610     owners of real property located within, the combined area; or
611          (iii) at least three weeks before the day of the public hearing, by mailing notice to each
612     residence within, and each owner of real property located within, the combined area described
613     in Subsection (6)(a)(i);
614          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
615     three weeks before the day of the public hearing;
616          (c) in accordance with Section 45-1-101, for three weeks before the day of the public
617     hearing;
618          (d) by sending written notice to:
619          (i) the board of each local district and special service district whose boundaries contain
620     some or all of the area proposed for annexation; and
621          (ii) the legislative body of the county in which the area proposed for annexation is
622     located; and

623          (e) if the municipality has a website, on the municipality's website for three weeks
624     before the day of the public hearing.
625          (7) The legislative body of the annexing municipality shall ensure that:
626          (a) each notice described in Subsection (6):
627          (i) states that the municipal legislative body has adopted a resolution indicating the
628     municipality's intent to annex the area proposed for annexation;
629          (ii) states the date, time, and place of the public hearing described in Subsection (5)(b);
630          (iii) describes the area proposed for annexation; and
631          (iv) except for an annexation that meets the requirements of Subsection (8)(b) or (c),
632     states in conspicuous and plain terms that the municipal legislative body will annex the area
633     unless, at or before the public hearing described in Subsection (5)(b), written protests to the
634     annexation are filed by the owners of private real property that:
635          (A) is located within the area proposed for annexation;
636          (B) covers a majority of the total private land area within the entire area proposed for
637     annexation; and
638          (C) is equal in value to at least 1/2 the value of all private real property within the
639     entire area proposed for annexation; and
640          (b) the first publication of the notice described in Subsection (6)(a) occurs within 14
641     days after the day on which the municipal legislative body adopts a resolution under Subsection
642     (5)(a).
643          (8) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), upon conclusion of the
644     public hearing described in Subsection (5)(b), the municipal legislative body may adopt an
645     ordinance approving the annexation of the area proposed for annexation under this section
646     unless, at or before the hearing, written protests to the annexation have been filed with the
647     recorder or clerk of the municipality by the owners of private real property that:
648          (i) is located within the area proposed for annexation;
649          (ii) covers a majority of the total private land area within the entire area proposed for

650     annexation; and
651          (iii) is equal in value to at least 1/2 the value of all private real property within the
652     entire area proposed for annexation.
653          (b) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
654     described in Subsection (5)(b), a municipality may adopt an ordinance approving the
655     annexation of the area proposed for annexation under this section without allowing or
656     considering protests under Subsection (8)(a) if the owners of at least 75% of the total private
657     land area within the entire area proposed for annexation, representing at least 75% of the value
658     of the private real property within the entire area proposed for annexation, have consented in
659     writing to the annexation.
660          (ii) Upon the effective date under Section 10-2-425 of an annexation approved by an
661     ordinance adopted under Subsection (8)(b)(i), the area annexed is conclusively presumed to be
662     validly annexed.
663          (c) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
664     described in Subsection (5)(b), a municipality may adopt an ordinance approving the
665     annexation of an area that the county legislative body proposes for annexation under this
666     section without allowing or considering protests under Subsection (8)(a) if the county
667     legislative body has formally recommended annexation to the annexing municipality and has
668     made a formal finding that:
669          (A) the area to be annexed can be more efficiently served by the municipality than by
670     the county;
671          (B) the area to be annexed is not likely to be naturally annexed by the municipality in
672     the future as the result of urban development;
673          (C) annexation of the area is likely to facilitate the consolidation of overlapping
674     functions of local government; and
675          (D) annexation of the area is likely to result in an equitable distribution of community
676     resources and obligations.

677          (ii) The county legislative body may base the finding required in Subsection
678     (8)(c)(i)(B) on:
679          (A) existing development in the area;
680          (B) natural or other conditions that may limit the future development of the area; or
681          (C) other factors that the county legislative body considers relevant.
682          (iii) A county legislative body may make the recommendation for annexation required
683     in Subsection (8)(c)(i) for only a portion of an unincorporated island if, as a result of
684     information provided at the public hearing, the county legislative body makes a formal finding
685     that it would be equitable to leave a portion of the island unincorporated.
686          (iv) If a county legislative body has made a recommendation of annexation under
687     Subsection (8)(c)(i):
688          (A) the relevant municipality is not required to proceed with the recommended
689     annexation; and
690          (B) if the relevant municipality proceeds with annexation, the municipality shall annex
691     the entire area that the county legislative body recommended for annexation.
692          (v) Upon the effective date under Section 10-2-425 of an annexation approved by an
693     ordinance adopted under Subsection (8)(c)(i), the area annexed is conclusively presumed to be
694     validly annexed.
695          (9) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), if protests are timely
696     filed under Subsection (8)(a), the municipal legislative body may not adopt an ordinance
697     approving the annexation of the area proposed for annexation, and the annexation proceedings
698     under this section shall be considered terminated.
699          (b) Subsection (9)(a) does not prohibit the municipal legislative body from excluding
700     from a proposed annexation under Subsection (2)(b) the property within an unincorporated
701     island regarding which protests have been filed and proceeding under Subsection (3) to annex
702     some or all of the remaining portion of the unincorporated island.
703          Section 9. Section 10-2-419 is amended to read:

704          10-2-419. Boundary adjustment -- Notice and hearing -- Protest.
705          (1) The legislative bodies of two or more municipalities having common boundaries
706     may adjust their common boundaries as provided in this section.
707          (2) The legislative body of each municipality intending to adjust a boundary that is
708     common with another municipality shall:
709          (a) adopt a resolution indicating the intent of the municipal legislative body to adjust a
710     common boundary; and
711          (b) hold a public hearing on the proposed adjustment no less than 60 days after the
712     adoption of the resolution under Subsection (2)(a).
713          (3) A legislative body described in Subsection (2) shall publish notice of a public
714     hearing described in Subsection (2)(b):
715          (a) (i) at least once a week for three successive weeks before the public hearing in a
716     newspaper of general circulation within the municipality;
717          (ii) if there is no newspaper of general circulation within the municipality, at least three
718     weeks before the day of the public hearing, by posting one notice, and at least one additional
719     notice per 2,000 population of the municipality, in places within the municipality that are most
720     likely to give notice to residents of the municipality; or
721          (iii) at least three weeks before the day of the public hearing, by mailing notice to each
722     residence in the municipality;
723          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
724     three weeks before the day of the public hearing;
725          (c) in accordance with Section 45-1-101, for three weeks before the day of the public
726     hearing;
727          (d) if the proposed boundary adjustment may cause any part of real property owned by
728     the state to be within the geographic boundary of a different local governmental entity than
729     before the adjustment, by providing written notice, at least 50 days before the day of the public
730     hearing, to:

731          (i) the title holder of any state-owned real property described in this Subsection (3)(d);
732     and
733          (ii) the Utah State Developmental Center Board, created under Section 62A-5-202, if
734     any state-owned real property described in this Subsection (3)(d) is associated with the Utah
735     State Developmental Center; and
736          (e) if the municipality has a website, on the municipality's website for three weeks
737     before the day of the public hearing.
738          (4) The notice described in Subsection (3) shall:
739          (a) state that the municipal legislative body has adopted a resolution indicating the
740     municipal legislative body's intent to adjust a boundary that the municipality has in common
741     with another municipality;
742          (b) describe the area proposed to be adjusted;
743          (c) state the date, time, and place of the public hearing described in Subsection (2)(b);
744          (d) state in conspicuous and plain terms that the municipal legislative body will adjust
745     the boundaries unless, at or before the public hearing described in Subsection (2)(b), a written
746     protest to the adjustment is filed by:
747          (i) an owner of private real property that:
748          (A) is located within the area proposed for adjustment;
749          (B) covers at least 25% of the total private land area within the area proposed for
750     adjustment; and
751          (C) is equal in value to at least 15% of the value of all private real property within the
752     area proposed for adjustment; or
753          (ii) a title holder of state-owned real property described in Subsection (3)(d);
754          (e) state that the area that is the subject of the boundary adjustment will, because of the
755     boundary adjustment, be automatically annexed to a local district providing fire protection,
756     paramedic, and emergency services or a local district providing law enforcement service, as the
757     case may be, as provided in Section 17B-1-416, if:

758          (i) the municipality to which the area is being added because of the boundary
759     adjustment is entirely within the boundaries of a local district:
760          (A) that provides fire protection, paramedic, and emergency services or law
761     enforcement service, respectively; and
762          (B) in the creation of which an election was not required because of Subsection
763     17B-1-214(3)(c); and
764          (ii) the municipality from which the area is being taken because of the boundary
765     adjustment is not within the boundaries of the local district; and
766          (f) state that the area proposed for annexation to the municipality will be automatically
767     withdrawn from a local district providing fire protection, paramedic, and emergency services,
768     as provided in Subsection 17B-1-502(2), if:
769          (i) the municipality to which the area is being added because of the boundary
770     adjustment is not within the boundaries of a local district:
771          (A) that provides fire protection, paramedic, and emergency services; and
772          (B) in the creation of which an election was not required because of Subsection
773     17B-1-214(3)(c); and
774          (ii) the municipality from which the area is being taken because of the boundary
775     adjustment is entirely within the boundaries of the local district.
776          (5) The first publication of the notice described in Subsection (3)(a)(i) shall be within
777     14 days after the day on which the municipal legislative body adopts a resolution under
778     Subsection (2)(a).
779          (6) Upon conclusion of the public hearing described in Subsection (2)(b), the
780     municipal legislative body may adopt an ordinance approving the adjustment of the common
781     boundary unless, at or before the hearing described in Subsection (2)(b), a written protest to the
782     adjustment is filed with the city recorder or town clerk by a person described in Subsection
783     (3)(d)(i) or (ii).
784          (7) The municipal legislative body shall comply with the requirements of Section

785     10-2-425 as if the boundary adjustment were an annexation.
786          (8) (a) An ordinance adopted under Subsection (6) becomes effective when each
787     municipality involved in the boundary adjustment has adopted an ordinance under Subsection
788     (6).
789          (b) The effective date of a boundary adjustment under this section is governed by
790     Section 10-2-425.
791          Section 10. Section 10-2-501 is amended to read:
792          10-2-501. Municipal disconnection -- Definitions -- Request for disconnection --
793     Requirements upon filing request.
794          (1) As used in this part "petitioner" means:
795          (a) one or more persons who:
796          (i) own title to real property within the area proposed for disconnection; and
797          (ii) sign a request for disconnection proposing to disconnect the area proposed for
798     disconnection from the municipality; or
799          (b) the mayor of the municipality within which the area proposed for disconnection is
800     located who signs a request for disconnection proposing to disconnect the area proposed for
801     disconnection from the municipality.
802          (2) (a) A petitioner proposing to disconnect an area within and lying on the borders of a
803     municipality shall file with that municipality's legislative body a request for disconnection.
804          (b) Each request for disconnection shall:
805          (i) contain the names, addresses, and signatures of the owners of more than 50% of any
806     private real property in the area proposed for disconnection;
807          (ii) give the reasons for the proposed disconnection;
808          (iii) include a map or plat of the territory proposed for disconnection; and
809          (iv) designate between one and five persons with authority to act on the petitioner's
810     behalf in the proceedings.
811          (3) Upon filing the request for disconnection, the petitioner shall publish notice of the

812     request:
813          (a) (i) once a week for three consecutive weeks before the public hearing described in
814     Section 10-2-502.5 in a newspaper of general circulation within the municipality;
815          (ii) if there is no newspaper of general circulation in the municipality, at least three
816     weeks before the day of the public hearing described in Section 10-2-502.5, by posting one
817     notice, and at least one additional notice per 2,000 population of the municipality, in places
818     within the municipality that are most likely to give notice to the residents within, and the
819     owners of real property located within, the municipality, including the residents who live in the
820     area proposed for disconnection; or
821          (iii) at least three weeks before the day of the public hearing described in Section
822     10-2-502.5, by mailing notice to each residence within, and each owner of real property located
823     within, the municipality;
824          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
825     three weeks before the day of the public hearing described in Section 10-2-502.5;
826          (c) in accordance with Section 45-1-101, for three weeks before the day of the public
827     hearing described in Section 10-2-502.5;
828          (d) by mailing notice to each owner of real property located within the area proposed to
829     be disconnected;
830          (e) by delivering a copy of the request to the legislative body of the county in which the
831     area proposed for disconnection is located; and
832          (f) if the municipality has a website, on the municipality's website for three weeks
833     before the day of the public hearing.
834          Section 11. Section 10-2-502.5 is amended to read:
835          10-2-502.5. Hearing on request for disconnection -- Determination by municipal
836     legislative body -- Petition in district court.
837          (1) No sooner than seven calendar days after, and no later than 30 calendar days after,
838     the last day on which the petitioner publishes the notice required under Subsection

839     10-2-501(3)(a), the legislative body of the municipality in which the area proposed for
840     disconnection is located shall hold a public hearing.
841          (2) The municipal legislative body shall provide notice of the public hearing:
842          (a) at least seven days before the hearing date, in writing to the petitioner and to the
843     legislative body of the county in which the area proposed for disconnection is located;
844           (b) (i) at least seven days before the hearing date, by publishing notice in a newspaper
845     of general circulation within the municipality;
846          (ii) if there is no newspaper of general circulation within the municipality, at least
847     seven days before the hearing date, by posting one notice, and at least one additional notice per
848     2,000 population of the municipality, in places within the municipality that are most likely to
849     give notice to residents within, and the owners of real property located within, the municipality;
850     or
851          (iii) at least 10 days before the hearing date, by mailing notice to each residence within,
852     and each owner of real property located within, the municipality;
853          (c) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
854     seven days before the hearing date;
855          (d) in accordance with Section 45-1-101, for seven days before the hearing date; and
856          (e) if the municipality has a website, on the municipality's website for seven days
857     before the hearing date.
858          (3) In the public hearing, any person may speak and submit documents regarding the
859     disconnection proposal.
860          (4) Within 45 calendar days of the hearing, the municipal legislative body shall:
861          (a) determine whether to grant the request for disconnection; and
862          (b) if the municipality determines to grant the request, adopt an ordinance approving
863     disconnection of the area from the municipality.
864          (5) (a) A petition against the municipality challenging the municipal legislative body's
865     determination under Subsection (4) may be filed in district court by:

866          (i) the petitioner; or
867          (ii) the county in which the area proposed for disconnection is located.
868          (b) Each petition under Subsection (5)(a) shall include a copy of the request for
869     disconnection.
870          Section 12. Section 10-2-607 is amended to read:
871          10-2-607. Notice of election.
872          If the county legislative bodies find that the resolution or petition for consolidation and
873     their attachments substantially conform with the requirements of this part, the county
874     legislative bodies shall publish notice of the election for consolidation to the voters of each
875     municipality that would become part of the consolidated municipality:
876          (1) (a) in a newspaper of general circulation within the boundaries of the municipality
877     at least once a week for four consecutive weeks before the election;
878          (b) if there is no newspaper of general circulation in the municipality, at least four
879     weeks before the day of the election, by posting one notice, and at least one additional notice
880     per 2,000 population of the municipality, in places within the municipality that are most likely
881     to give notice to the voters in the municipality; or
882          (c) at least four weeks before the day of the election, by mailing notice to each
883     registered voter in the municipality;
884          (2) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
885     at least four weeks before the day of the election;
886          (3) in accordance with Section 45-1-101, for at least four weeks before the day of the
887     election; and
888          (4) if the municipality has a website, on the municipality's website for at least four
889     weeks before the day of the election.
890          Section 13. Section 10-2-703 is amended to read:
891          10-2-703. Publication of notice of election.
892          (1) Immediately after setting the date for the election, the court shall order for

893     publication notice of the:
894          (a) petition; and
895          (b) date the election is to be held to determine the question of dissolution.
896          (2) The notice described in Subsection (1) shall be published:
897          (a) (i) for at least once a week for a period of four weeks before the election in a
898     newspaper of general circulation in the municipality;
899          (ii) if there is no newspaper of general circulation in the municipality, at least four
900     weeks before the day of the election, by posting one notice, and at least one additional notice
901     per 2,000 population of the municipality, in places within the municipality that are most likely
902     to give notice to the voters in the municipality; or
903          (iii) at least one month before the day of the election, by mailing notice to each
904     registered voter in the municipality;
905          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
906     four weeks before the day of the election;
907          (c) in accordance with Section 45-1-101, for four weeks before the day of the election;
908     and
909          (d) if the municipality has a website, on the municipality's website for four weeks
910     before the day of the election.
911          Section 14. Section 10-2-708 is amended to read:
912          10-2-708. Notice of disincorporation -- Publication and filing.
913          When a municipality has been dissolved, the clerk of the court shall publish notice of
914     the dissolution:
915          (1) (a) in a newspaper of general circulation in the county in which the municipality is
916     located at least once a week for four consecutive weeks;
917          (b) if there is no newspaper of general circulation in the county in which the
918     municipality is located, by posting one notice, and at least one additional notice per 2,000
919     population of the county in places within the county that are most likely to give notice to the

920     residents within, and the owners of real property located within, the county, including the
921     residents and owners within the municipality that is dissolved; or
922          (c) by mailing notice to each residence within, and each owner of real property located
923     within, the county;
924          (2) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
925     four weeks;
926          (3) in accordance with Section 45-1-101, for four weeks;
927          (4) if the municipality has a website, on the municipality's website for four weeks; and
928          (5) on the county's website for four weeks.
929          Section 15. Section 10-2a-207 is amended to read:
930          10-2a-207. Public hearings on feasibility study results -- Notice of hearings.
931          (1) If the results of the feasibility study or supplemental feasibility study comply with
932     Subsection 10-2a-205(6)(a), the lieutenant governor shall, after receipt of the results of the
933     feasibility study or supplemental feasibility study, conduct at least two public hearings:
934          (a) within 60 days after the day on which the lieutenant governor receives the results;
935          (b) at least seven days apart;
936          (c) except in a proposed municipality that will be a city of the fifth class or a town, in
937     geographically diverse locations;
938          (d) within or near the proposed municipality;
939          (e) to allow the feasibility consultant to present the results of the feasibility study; and
940          (f) to inform the public about the results of the feasibility study.
941          (2) At each public hearing described in Subsection (1), the lieutenant governor shall:
942          (a) provide a map or plat of the boundary of the proposed municipality;
943          (b) provide a copy of the feasibility study for public review;
944          (c) allow members of the public to express views about the proposed incorporation,
945     including views about the proposed boundaries; and
946          (d) allow the public to ask the feasibility consultant questions about the feasibility

947     study.
948          (3) The lieutenant governor shall publish notice of the public hearings described in
949     Subsection (1):
950          (a) (i) at least once a week for three consecutive weeks before the first public hearing
951     in a newspaper of general circulation within the proposed municipality;
952          (ii) if there is no newspaper of general circulation in the proposed municipality, at least
953     three weeks before the day of the first public hearing, by posting one notice, and at least one
954     additional notice per 2,000 population of the proposed municipality, in places within the
955     proposed municipality that are most likely to give notice to the residents within, and the owners
956     of real property located within, the proposed municipality; or
957          (iii) at least three weeks before the first public hearing, by mailing notice to each
958     residence within, and each owner of real property located within, the proposed municipality;
959          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
960     three weeks before the day of the first public hearing;
961          (c) in accordance with Section 45-1-101, for three weeks before the day of the first
962     public hearing; and
963          (d) on the lieutenant governor's website for three weeks before the day of the first
964     public hearing.
965          (4) The last notice required to be published under Subsection (3)(a)(i) shall be at least
966     three days before the first public hearing required under Subsection (1).
967          (5) (a) Except as provided in Subsection (5)(b), the notice described in Subsection (3)
968     shall include the feasibility study summary described in Subsection 10-2a-205(3)(c) and shall
969     indicate that a full copy of the study is available on the lieutenant governor's website and for
970     inspection at the Office of the Lieutenant Governor.
971          (b) Instead of publishing the feasability summary under Subsection (5)(a), the
972     lieutenant governor may publish a statement that specifies the following sources where a
973     resident within, or the owner of real property located within, the proposed municipality, may

974     view or obtain a copy of the feasability study:
975          (i) the lieutenant governor's website;
976          (ii) the physical address of the Office of the Lieutenant Governor; and
977          (iii) a mailing address and telephone number.
978          Section 16. Section 10-2a-210 is amended to read:
979          10-2a-210. Incorporation election.
980          (1) (a) If the lieutenant governor certifies a petition under Subsection 10-2a-209(1)(b),
981     the lieutenant governor shall schedule an incorporation election for the proposed municipality
982     described in the petition to be held on the date of the next regular general election described in
983     Section 20A-1-201, or the next municipal general election described in Section 20A-1-202, that
984     is at least 65 days after the day on which the lieutenant governor certifies the petition.
985          (b) (i) The lieutenant governor shall direct the county legislative body of the county in
986     which the proposed municipality is located to hold the election on the date that the lieutenant
987     governor schedules under Subsection (1)(a).
988          (ii) The county shall hold the election as directed by the lieutenant governor under
989     Subsection (1)(b)(i).
990          (2) The county clerk shall publish notice of the election:
991          (a) (i) in a newspaper of general circulation within the area proposed to be incorporated
992     at least once a week for three successive weeks before the election;
993          (ii) if there is no newspaper of general circulation in the area proposed to be
994     incorporated, at least three weeks before the day of the election, by posting one notice, and at
995     least one additional notice per 2,000 population of the area proposed to be incorporated, in
996     places within the area proposed to be incorporated that are most likely to give notice to the
997     voters within the area proposed to be incorporated; or
998          (iii) at least three weeks before the day of the election, by mailing notice to each
999     registered voter in the area proposed to be incorporated;
1000          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for

1001     three weeks before the day of the election;
1002          (c) in accordance with Section 45-1-101, for three weeks before the day of the election;
1003          (d) if the proposed municipality has a website, on the proposed municipality's website
1004     for three weeks before the day of the election; and
1005          (e) on the county's website for three weeks before the day of the election.
1006          (3) (a) The notice required by Subsection (2) shall contain:
1007          (i) a statement of the contents of the petition;
1008          (ii) a description of the area proposed to be incorporated as a municipality;
1009          (iii) a statement of the date and time of the election and the location of polling places;
1010     and
1011          (iv) except as provided in Subsection (3)(c), the feasibility study summary described in
1012     Subsection 10-2a-205(3)(c) and a statement that a full copy of the study is available on the
1013     lieutenant governor's website and for inspection at the Office of the Lieutenant Governor.
1014          (b) The last notice required to be published under Subsection (2)(a)(i) shall be
1015     published at least one day, but no more than seven days, before the day of the election.
1016          (c) Instead of publishing the feasibility summary under Subsection (3)(a)(iv), the notice
1017     may include a statement that specifies the following sources where a registered voter in area
1018     proposed to be incorporated may view or obtain a copy the feasibility study:
1019          (i) the lieutenant governor's website;
1020          (ii) the physical address of the Office of the Lieutenant Governor; and
1021          (iii) a mailing address and telephone number.
1022          (4) An individual may not vote in an incorporation election under this section unless
1023     the individual is a registered voter who resides, as defined in Section 20A-1-102, within the
1024     boundaries of the proposed municipality.
1025          (5) If a majority of those who vote in an incorporation election held under this section
1026     cast votes in favor of incorporation, the area shall incorporate.
1027          Section 17. Section 10-2a-213 is amended to read:

1028          10-2a-213. Determination of number of council members -- Determination of
1029     election districts -- Hearings and notice.
1030          (1) If the incorporation proposal passes, the petition sponsors shall, within 60 days
1031     after the day on which the county conducts the canvass of the election under Section
1032     10-2a-212:
1033          (a) for the incorporation of a city:
1034          (i) if the voters at the incorporation election choose the council-mayor form of
1035     government, determine the number of council members that will constitute the city council of
1036     the city; and
1037          (ii) if the voters at the incorporation election vote to elect council members by district,
1038     determine the number of council members to be elected by district and draw the boundaries of
1039     those districts, which shall be substantially equal in population; and
1040          (b) for the incorporation of any municipality:
1041          (i) determine the initial terms of the mayor and members of the municipal council so
1042     that:
1043          (A) the mayor and approximately half the members of the municipal council are
1044     elected to serve an initial term, of no less than one year, that allows the mayor's and members'
1045     successors to serve a full four-year term that coincides with the schedule established in
1046     Subsection 10-3-205(1); and
1047          (B) the remaining members of the municipal council are elected to serve an initial
1048     term, of no less than one year, that allows the members' successors to serve a full four-year
1049     term that coincides with the schedule established in Subsection 10-3-205(2); and
1050          (ii) submit in writing to the county legislative body the results of the determinations
1051     made by the sponsors under Subsections (1)(a) and (b)(i).
1052          (2) A newly incorporated town shall operate under the five-member council form of
1053     government as defined in Section 10-3b-102.
1054          (3) Before making a determination under Subsection (1)(a) or (b)(i), the petition

1055     sponsors shall hold a public hearing within the future municipality on the applicable issues
1056     described in Subsections (1)(a) and (b)(i).
1057          (4) The petition sponsors shall publish notice of the public hearing described in
1058     Subsection (3):
1059          (a) (i) in a newspaper of general circulation within the future municipality at least once
1060     a week for two successive weeks before the public hearing;
1061          (ii) if there is no newspaper of general circulation in the future municipality, at least
1062     two weeks before the day of the public hearing, by posting one notice, and at least one
1063     additional notice per 2,000 population of the future municipality, in places within the future
1064     municipality that are most likely to give notice to the residents within, and the owners of real
1065     property located within, the future municipality; or
1066          (iii) at least two weeks before the day of the public hearing, by mailing notice to each
1067     residence within, and each owner of real property located within, the future municipality;
1068          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
1069     two weeks before the day of the public hearing;
1070          (c) in accordance with Section 45-1-101, for at least two weeks before the day of the
1071     public hearing;
1072          (d) if the future municipality has a website, for two weeks before the day of the public
1073     hearing; and
1074          (e) on the county's website for two weeks before the day of the public hearing.
1075          (5) The last notice required to be published under Subsection (4)(a)(i) shall be
1076     published at least three days before the day of the public hearing described in Subsection (3).
1077          Section 18. Section 10-2a-214 is amended to read:
1078          10-2a-214. Notice of number of commission or council members to be elected and
1079     of district boundaries -- Declaration of candidacy for municipal office.
1080          (1) Within 20 days after the day on which a county legislative body receives the
1081     petition sponsors' determination under Subsection 10-2a-213(1)(b)(ii), the county clerk shall

1082     publish, in accordance with Subsection (2), notice containing:
1083          (a) the number of municipal council members to be elected for the new municipality;
1084          (b) except as provided in Subsection (3), if some or all of the municipal council
1085     members are to be elected by district, a description of the boundaries of those districts;
1086          (c) information about the deadline for an individual to file a declaration of candidacy to
1087     become a candidate for mayor or municipal council; and
1088          (d) information about the length of the initial term of each of the municipal officers.
1089          (2) The county clerk shall publish the notice described in Subsection (1):
1090          (a) (i) in a newspaper of general circulation within the future municipality at least once
1091     a week for two consecutive weeks;
1092          (ii) if there is no newspaper of general circulation in the future municipality, by posting
1093     one notice, and at least one additional notice per 2,000 population of the future municipality, in
1094     places within the future municipality that are most likely to give notice to the residents in the
1095     future municipality; or
1096          (iii) by mailing notice to each residence in the future municipality;
1097          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
1098     two weeks;
1099          (c) in accordance with Section 45-1-101, for two weeks;
1100          (d) if the future municipality has a website, on the future municipality's website for two
1101     weeks; and
1102          (e) on the county's website for two weeks.
1103          (3) Instead of publishing the district boundaries described in Subsection (1)(b), the
1104     notice may include a statement that specifies the following sources where a resident of the
1105     future municipality may view or obtain a copy the district:
1106          (a) the county website;
1107          (b) the physical address of the county offices; and
1108          (c) a mailing address and telephone number.

1109          (4) Notwithstanding Subsection 20A-9-203(3)(a), each individual seeking to become a
1110     candidate for mayor or municipal council of a municipality incorporating under this part shall
1111     file a declaration of candidacy with the clerk of the county in which the future municipality is
1112     located and in accordance with:
1113          (a) for an incorporation held on the date of a regular general election, the deadlines for
1114     filing a declaration of candidacy under Section 20A-9-202; or
1115          (b) for an incorporation held on the date of a municipal general election, the deadlines
1116     for filing a declaration of candidacy under Section 20A-9-203.
1117          Section 19. Section 10-2a-215 is amended to read:
1118          10-2a-215. Election of officers of new municipality -- Primary and final election
1119     dates -- County clerk duties -- Candidate duties -- Occupation of office.
1120          (1) For the election of municipal officers, the county legislative body shall:
1121          (a) unless a primary election is prohibited under Subsection 20A-9-404(2), hold a
1122     primary election; and
1123          (b) unless the election may be cancelled in accordance with Section 20A-1-206, hold a
1124     final election.
1125          (2) Each election described in Subsection (1) shall be held:
1126          (a) consistent with the petition sponsors' determination of the length of each council
1127     member's initial term; and
1128          (b) for the incorporation of a city:
1129          (i) appropriate to the form of government chosen by the voters at the incorporation
1130     election;
1131          (ii) consistent with the voters' decision about whether to elect city council members by
1132     district and, if applicable, consistent with the boundaries of those districts as determined by the
1133     petition sponsors; and
1134          (iii) consistent with the sponsors' determination of the number of city council members
1135     to be elected.

1136          (3) (a) Subject to Subsection (3)(b), and notwithstanding Subsection 20A-1-201.5(2),
1137     the primary election described in Subsection (1)(a) shall be held at the earliest of the next:
1138          (i) regular primary election described in Subsection 20A-1-201.5(1); or
1139          (ii) municipal primary election described in Section 20A-9-404.
1140          (b) The county shall hold the primary election, if necessary, on the next election date
1141     described in Subsection (3)(a) that is after the incorporation election conducted under Section
1142     10-2a-210.
1143          (4) (a) Subject to Subsection (4)(b), the county shall hold the final election described in
1144     Subsection (1)(b):
1145          (i) on the following election date that next follows the date of the incorporation
1146     election held under Subsection 10-2a-210(1)(a);
1147          (ii) a regular general election described in Section 20A-1-201; or
1148          (iii) a regular municipal general election under Section 20A-1-202.
1149          (b) The county shall hold the final election on the earliest of the next election date that
1150     is listed in Subsection (4)(a)(i), (ii), or (iii):
1151          (i) that is after a primary election; or
1152          (ii) if there is no primary election, that is at least:
1153          (A) 75 days after the incorporation election under Section 10-2a-210; and
1154          (B) 65 days after the candidate filing period.
1155          (5) The county clerk shall publish notice of an election under this section:
1156          (a) (i) in accordance with Subsection (6), at least once a week for two consecutive
1157     weeks before the election in a newspaper of general circulation within the future municipality;
1158          (ii) if there is no newspaper of general circulation in the future municipality, at least
1159     two weeks before the day of the election, by posting one notice, and at least one additional
1160     notice per 2,000 population of the future municipality, in places within the future municipality
1161     that are most likely to give notice to the voters within the future municipality; or
1162          (iii) at least two weeks before the day of the election, by mailing notice to each

1163     registered voter within the future municipality;
1164          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
1165     two weeks before the day of the election;
1166          (c) in accordance with Section 45-1-101, for two weeks before the day of the election;
1167          (d) if the future municipality has a website, on the future municipality's website for two
1168     weeks before the day of the election; and
1169          (e) on the county's website for two weeks before the day of the election.
1170          (6) The last notice required to be published under Subsection (5)(a)(i) shall be
1171     published at least one day but no more than seven days before the day of the election.
1172          (7) Until the municipality is incorporated, the county clerk:
1173          (a) is the election officer for all purposes related to the election of municipal officers;
1174          (b) may, as necessary, determine appropriate deadlines, procedures, and instructions
1175     related to the election of municipal officers for a new municipality that are not otherwise
1176     contrary to law;
1177          (c) shall require and determine deadlines for municipal office candidates to file
1178     campaign financial disclosures in accordance with Section 10-3-208; and
1179          (d) shall ensure that the ballot for the election includes each office that is required to be
1180     included in the election for officers of the newly incorporated municipality, including the term
1181     of each office.
1182          (8) An individual who has filed as a candidate for an office described in this section
1183     shall comply with:
1184          (a) the campaign finance disclosure requirements described in Section 10-3-208; and
1185          (b) the requirements and deadlines established by the county clerk under this section.
1186          (9) Notwithstanding Section 10-3-201, the officers elected at a final election described
1187     in Subsection (4)(a) shall take office:
1188          (a) after taking the oath of office; and
1189          (b) at noon on the first Monday following the day on which the election official

1190     transmits a certificate of nomination or election under the officer's seal to each elected
1191     candidate in accordance with Subsection 20A-4-304(4)(b).
1192          Section 20. Section 10-2a-405 is amended to read:
1193          10-2a-405. Duties of county legislative body -- Public hearing -- Notice -- Other
1194     election and incorporation issues -- Rural real property excluded.
1195          (1) The legislative body of a county of the first class shall before an election described
1196     in Section 10-2a-404:
1197          (a) in accordance with Subsection (3), publish notice of the public hearing described in
1198     Subsection (1)(b);
1199          (b) hold a public hearing; and
1200          (c) at the public hearing, adopt a resolution:
1201          (i) identifying, including a map prepared by the county surveyor, all unincorporated
1202     islands within the county;
1203          (ii) identifying each eligible city that will annex each unincorporated island, including
1204     whether the unincorporated island may be annexed by one eligible city or divided and annexed
1205     by multiple eligible cities, if approved by the residents at an election under Section 10-2a-404;
1206     and
1207          (iii) identifying, including a map prepared by the county surveyor, the planning
1208     townships within the county and any changes to the boundaries of a planning township that the
1209     county legislative body proposes under Subsection (5).
1210          (2) The county legislative body shall exclude from a resolution adopted under
1211     Subsection (1)(c) rural real property unless the owner of the rural real property provides written
1212     consent to include the property in accordance with Subsection (7).
1213          (3) (a) The county clerk shall publish notice of the public hearing described in
1214     Subsection (1)(b):
1215          (i) by mailing notice to each owner of real property located in an unincorporated island
1216     or planning township no later than 15 days before the day of the public hearing;

1217          (ii) at least once a week for three successive weeks in a newspaper of general
1218     circulation within each unincorporated island, each eligible city, and each planning township;
1219     and
1220          (iii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201,
1221     for three weeks before the day of the public hearing.
1222          (b) The last publication of notice required under Subsection (3)(a)(ii) shall be at least
1223     three days before the first public hearing required under Subsection (1)(b).
1224          (c) (i) If, under Subsection (3)(a)(ii), there is no newspaper of general circulation
1225     within an unincorporated island, an eligible city, or a planning township, the county clerk shall
1226     post at least one notice of the hearing per 1,000 population in conspicuous places within the
1227     selected unincorporated island, eligible city, or planning township, as applicable, that are most
1228     likely to give notice of the hearing to the residents of the unincorporated island, eligible city, or
1229     planning township.
1230          (ii) The clerk shall post the notices under Subsection (3)(c)(i) at least seven days before
1231     the hearing under Subsection (1)(b).
1232          (d) The notice under Subsection (3)(a) or (c) shall include:
1233          (i) (A) for a resident of an unincorporated island, a statement that the property in the
1234     unincorporated island may be, if approved at an election under Section 10-2a-404, annexed by
1235     an eligible city, including divided and annexed by multiple cities if applicable, and the name of
1236     the eligible city or cities; or
1237          (B) for residents of a planning township, a statement that the property in the planning
1238     township shall be, pending the results of the election held under Section 10-2a-404,
1239     incorporated as a city, town, or metro township;
1240          (ii) the location and time of the public hearing; and
1241          (iii) the county website where a map may be accessed showing:
1242          (A) how the unincorporated island boundaries will change if annexed by an eligible
1243     city; or

1244          (B) how the planning township area boundaries will change, if applicable under
1245     Subsection (5), when the planning township incorporates as a metro township or as a city or
1246     town.
1247          (e) The county clerk shall publish a map described in Subsection (3)(d)(iii) on the
1248     county website.
1249          (4) The county legislative body may, by ordinance or resolution adopted at a public
1250     meeting and in accordance with applicable law, resolve an issue that arises with an election
1251     held in accordance with this part or the incorporation and establishment of a metro township in
1252     accordance with this part.
1253          (5) (a) The county legislative body may, by ordinance or resolution adopted at a public
1254     meeting, change the boundaries of a planning township.
1255          (b) A change to a planning township boundary under this Subsection (5) is effective
1256     only upon the vote of the residents of the planning township at an election under Section
1257     10-2a-404 to incorporate as a metro township or as a city or town and does not affect the
1258     boundaries of the planning township before the election.
1259          (c) The county legislative body:
1260          (i) may alter a planning township boundary under Subsection (5)(a) only if the
1261     alteration:
1262          (A) affects less than 5% of the residents residing within the planning advisory area; and
1263          (B) does not increase the area located within the planning township's boundaries; and
1264          (ii) may not alter the boundaries of a planning township whose boundaries are entirely
1265     surrounded by one or more municipalities.
1266          (6) After November 2, 2015, and before January 1, 2017, a person may not initiate an
1267     annexation or an incorporation process that, if approved, would change the boundaries of a
1268     planning township.
1269          (7) (a) As used in this Subsection (7), "rural real property" means an area:
1270          (i) zoned primarily for manufacturing, commercial, or agricultural purposes; and

1271          (ii) that does not include residential units with a density greater than one unit per acre.
1272          (b) Unless an owner of rural real property gives written consent to a county legislative
1273     body, rural real property described in Subsection (7)(c) may not be:
1274          (i) included in a planning township identified under Subsection (1)(c); or
1275          (ii) incorporated as part of a metro township, city, or town, in accordance with this
1276     part.
1277          (c) The following rural real property is subject to an owner's written consent under
1278     Subsection (7)(b):
1279          (i) rural real property that consists of 1,500 or more contiguous acres of real property
1280     consisting of one or more tax parcels;
1281          (ii) rural real property that is not contiguous to, but used in connection with, rural real
1282     property that consists of 1,500 or more contiguous acres of real property consisting of one or
1283     more tax parcels;
1284          (iii) rural real property that is owned, managed, or controlled by a person, company, or
1285     association, including a parent, subsidiary, or affiliate related to the owner of 1,500 or more
1286     contiguous acres of rural real property consisting of one or more tax parcels; or
1287          (iv) rural real property that is located in whole or in part in one of the following as
1288     defined in Section 17-41-101:
1289          (A) an agricultural protection area;
1290          (B) an industrial protection area; or
1291          (C) a mining protection area.
1292          Section 21. Section 10-3-301 is amended to read:
1293          10-3-301. Notice -- Eligibility and residency requirements for elected municipal
1294     office -- Mayor and recorder limitations.
1295          (1) As used in this section:
1296          (a) "Absent" means that an elected municipal officer fails to perform official duties,
1297     including the officer's failure to attend each regularly scheduled meeting that the officer is

1298     required to attend.
1299          (b) "Principal place of residence" means the same as that term is defined in Section
1300     20A-2-105.
1301          (c) "Secondary residence" means a place where an individual resides other than the
1302     individual's principal place of residence.
1303          (2) (a) On or before May 1 in a year in which there is a municipal general election, the
1304     municipal clerk shall publish a notice that identifies:
1305          (i) the municipal offices to be voted on in the municipal general election; and
1306          (ii) the dates for filing a declaration of candidacy for the offices identified under
1307     Subsection (2)(a)(i).
1308          (b) The municipal clerk shall publish the notice described in Subsection (2)(a):
1309          (i) on the Utah Public Notice Website established by Section [63F-1-701] 63A-12-201;
1310     and
1311          (ii) in at least one of the following ways:
1312          (A) at the principal office of the municipality;
1313          (B) in a newspaper of general circulation within the municipality at least once a week
1314     for two successive weeks in accordance with Section 45-1-101;
1315          (C) in a newsletter produced by the municipality;
1316          (D) on a website operated by the municipality; or
1317          (E) with a utility enterprise fund customer's bill.
1318          (3) (a) An individual who files a declaration of candidacy for a municipal office shall
1319     comply with the requirements described in Section 20A-9-203.
1320          (b) (i) Except as provided in Subsection (3)(b)(ii), the city recorder or town clerk of
1321     each municipality shall maintain office hours 8 a.m. to 5 p.m. on the dates described in
1322     Subsections 20A-9-203(3)(a)(i) and (c)(i) unless the date occurs on a:
1323          (A) Saturday or Sunday; or
1324          (B) state holiday as listed in Section 63G-1-301.

1325          (ii) If on a regular basis a city recorder or town clerk maintains an office schedule that
1326     is less than 40 hours per week, the city recorder or town clerk may comply with Subsection
1327     (3)(b)(i) without maintaining office hours by:
1328          (A) posting the recorder's or clerk's contact information, including a phone number and
1329     email address, on the recorder's or clerk's office door, the main door to the municipal offices,
1330     and, if available, on the municipal website; and
1331          (B) being available from 8 a.m. to 5 p.m. on the dates described in Subsection (3)(b)(i),
1332     via the contact information described in Subsection (3)(b)(ii)(A).
1333          (4) An individual elected to municipal office shall be a registered voter in the
1334     municipality in which the individual is elected.
1335          (5) (a) Each elected officer of a municipality shall maintain a principal place of
1336     residence within the municipality, and within the district that the elected officer represents,
1337     during the officer's term of office.
1338          (b) Except as provided in Subsection (6), an elected municipal office is automatically
1339     vacant if the officer elected to the municipal office, during the officer's term of office:
1340          (i) establishes a principal place of residence outside the district that the elected officer
1341     represents;
1342          (ii) resides at a secondary residence outside the district that the elected officer
1343     represents for a continuous period of more than 60 days while still maintaining a principal
1344     place of residence within the district;
1345          (iii) is absent from the district that the elected officer represents for a continuous period
1346     of more than 60 days; or
1347          (iv) fails to respond to a request, within 30 days after the day on which the elected
1348     officer receives the request, from the county clerk or the lieutenant governor seeking
1349     information to determine the officer's residency.
1350          (6) (a) Notwithstanding Subsection (5), if an elected municipal officer obtains the
1351     consent of the municipal legislative body in accordance with Subsection (6)(b) before the

1352     expiration of the 60-day period described in Subsection (5)(b)(ii) or (iii), the officer may:
1353          (i) reside at a secondary residence outside the district that the elected officer represents
1354     while still maintaining a principal place of residence within the district for a continuous period
1355     of up to one year during the officer's term of office; or
1356          (ii) be absent from the district that the elected officer represents for a continuous period
1357     of up to one year during the officer's term of office.
1358          (b) At a public meeting, the municipal legislative body may give the consent described
1359     in Subsection (6)(a) by majority vote after taking public comment regarding:
1360          (i) whether the legislative body should give the consent; and
1361          (ii) the length of time to which the legislative body should consent.
1362          (7) (a) The mayor of a municipality may not also serve as the municipal recorder or
1363     treasurer.
1364          (b) The recorder of a municipality may not also serve as the municipal treasurer.
1365          (c) An individual who holds a county elected office may not, at the same time, hold a
1366     municipal elected office.
1367          (d) The restriction described in Subsection (7)(c) applies regardless of whether the
1368     individual is elected to the office or appointed to fill a vacancy in the office.
1369          Section 22. Section 10-3-818 is amended to read:
1370          10-3-818. Salaries in municipalities.
1371          (1) The elective and statutory officers of municipalities shall receive such
1372     compensation for their services as the governing body may fix by ordinance adopting
1373     compensation or compensation schedules enacted after public hearing.
1374          (2) Upon its own motion the governing body may review or consider the compensation
1375     of any officer or officers of the municipality or a salary schedule applicable to any officer or
1376     officers of the city for the purpose of determining whether or not it should be adopted, changed,
1377     or amended. In the event that the governing body decides that the compensation or
1378     compensation schedules should be adopted, changed, or amended, it shall set a time and place

1379     for a public hearing at which all interested persons shall be given an opportunity to be heard.
1380          (3) (a) Notice of the time, place, and purpose of the meeting shall be published at least
1381     seven days before the meeting by publication:
1382          (i) at least once in a newspaper published in the county within which the municipality
1383     is situated and generally circulated in the municipality; and
1384          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201.
1385          (b) If there is not a newspaper as described in Subsection (3)(a)(i), then notice shall be
1386     given by posting this notice in three public places in the municipality.
1387          (4) After the conclusion of the public hearing, the governing body may enact an
1388     ordinance fixing, changing, or amending the compensation of any elective or appointive officer
1389     of the municipality or adopting a compensation schedule applicable to any officer or officers.
1390          (5) Any ordinance enacted before Laws of Utah 1977, Chapter 48, by a municipality
1391     establishing a salary or compensation schedule for its elective or appointive officers and any
1392     salary fixed prior to Laws of Utah 1977, Chapter 48, shall remain effective until the
1393     municipality has enacted an ordinance pursuant to the provisions of this chapter.
1394          (6) The compensation of all municipal officers shall be paid at least monthly out of the
1395     municipal treasury provided that municipalities having 1,000 or fewer population may by
1396     ordinance provide for the payment of its statutory officers less frequently. None of the
1397     provisions of this chapter shall be considered as limiting or restricting the authority to any
1398     municipality that has adopted or does adopt a charter pursuant to Utah Constitution, Article XI,
1399     Section 5, to determine the salaries of its elective and appointive officers or employees.
1400          Section 23. Section 10-5-107.5 is amended to read:
1401          10-5-107.5. Transfer of enterprise fund money to another fund.
1402          (1) As used in this section:
1403          (a) "Budget hearing" means a public hearing required under Section 10-5-108.
1404          (b) "Enterprise fund accounting data" means a detailed overview of the various
1405     enterprise funds of the town that includes:

1406          (i) a cost accounting breakdown of how money in the enterprise fund is being used to
1407     cover, as applicable:
1408          (A) administrative and overhead costs of the town attributable to the operation of the
1409     enterprise for which the enterprise fund was created; and
1410          (B) other costs not associated with the enterprise for which the enterprise fund was
1411     created; and
1412          (ii) specific enterprise fund information.
1413          (c) "Enterprise fund hearing" means the public hearing required under Subsection
1414     (3)(d).
1415          (d) "Specific enterprise fund information" means:
1416          (i) the dollar amount of transfers from an enterprise fund to another fund; and
1417          (ii) the percentage of the total enterprise fund expenditures represented by each transfer
1418     to another fund.
1419          (2) Subject to the requirements of this section, a town may transfer money in an
1420     enterprise fund to another fund to pay for a good, service, project, venture, or other purpose
1421     that is not directly related to the goods or services provided by the enterprise for which the
1422     enterprise fund was created.
1423          (3) The governing body of a town that intends to transfer money in an enterprise fund
1424     to another fund shall:
1425          (a) provide notice of the intended transfer as required under Subsection (4);
1426          (b) clearly identify in a separate section or document accompanying the town's
1427     tentative budget or, if an amendment to the town's budget includes or is based on an intended
1428     transfer, in a separate section or document accompanying the amendment to the town's budget:
1429          (i) the enterprise fund from which money is intended to be transferred; and
1430          (ii) the specific enterprise fund information for that enterprise fund;
1431          (c) provide notice of an enterprise fund hearing, as required in Subsection (4); and
1432          (d) hold an enterprise fund hearing before the adoption of the town's budget or, if

1433     applicable, the amendment to the budget.
1434          (4) (a) At least seven days before holding an enterprise fund hearing, a governing body
1435     shall:
1436          (i) provide the notice described in Subsection (4)(b) by:
1437          (A) mailing a copy of the notice to users of the goods or services provided by the
1438     enterprise for which the enterprise fund was created, if the town regularly mails users a
1439     periodic billing for the goods or services;
1440          (B) emailing a copy of the notice to users of the goods or services provided by the
1441     enterprise for which the enterprise fund was created, if the town regularly emails users a
1442     periodic billing for the goods or services;
1443          (C) posting the notice on the Utah Public Notice Website created in Section
1444     [63F-1-701] 63A-12-201; and
1445          (D) if the town has a website, prominently posting the notice on the town's website
1446     until the enterprise fund hearing is concluded; and
1447          (ii) if the town communicates with the public through a social media platform, publish
1448     notice of the date, time, place, and purpose of the enterprise fund hearing using the social
1449     media platform.
1450          (b) The notice required under Subsection (4)(a)(i) shall:
1451          (i) explain the intended transfer of enterprise fund money to another fund;
1452          (ii) include specific enterprise fund information for each enterprise fund from which
1453     money is intended to be transferred;
1454          (iii) provide the date, time, and place of the enterprise fund hearing; and
1455          (iv) explain the purpose of the enterprise fund hearing.
1456          (5) (a) An enterprise fund hearing shall be separate and independent from a budget
1457     hearing and any other public hearing.
1458          (b) At an enterprise fund hearing, the governing body shall:
1459          (i) explain the intended transfer of enterprise fund money to another fund;

1460          (ii) provide enterprise fund accounting data to the public; and
1461          (iii) allow members of the public in attendance at the hearing to comment on:
1462          (A) the intended transfer of enterprise fund money to another fund; and
1463          (B) the enterprise fund accounting data.
1464          (6) (a) If a governing body adopts a budget or a budget amendment that includes or is
1465     based on a transfer of money from an enterprise fund to another fund, the governing body shall:
1466          (i) within 60 days after adopting the budget or budget amendment:
1467          (A) mail a notice to users of the goods or services provided by the enterprise for which
1468     the enterprise fund was created, if the town regularly mails users a periodic billing for the
1469     goods or services; and
1470          (B) email a notice to users of the goods or services provided by the enterprise for
1471     which the enterprise fund was created, if the town regularly emails users a periodic billing for
1472     the goods or services;
1473          (ii) within seven days after adopting the budget or budget amendment:
1474          (A) post enterprise fund accounting data on the town's website, if the town has a
1475     website;
1476          (B) using the town's social media platform, publish notice of the adoption of a budget
1477     or budget amendment that includes or is based on a transfer of money from an enterprise fund
1478     to another fund, if the town communicates with the public through a social media platform; and
1479          (iii) within 30 days after adopting the budget, submit to the state auditor the specific
1480     enterprise fund information for each enterprise fund from which money will be transferred.
1481          (b) A notice required under Subsection (6)(a)(i) shall:
1482          (i) announce the adoption of a budget or budget amendment that includes or is based
1483     on a transfer of money from an enterprise fund to another fund; and
1484          (ii) include the specific enterprise fund information.
1485          (c) The governing body shall maintain the website posting required under Subsection
1486     (6)(a)(ii)(A) continuously until another posting is required under Subsection (4)(a)(i)(C).

1487          Section 24. Section 10-5-108 is amended to read:
1488          10-5-108. Budget hearing -- Notice -- Adjustments.
1489          (1) Prior to the adoption of the final budget or an amendment to a budget, a town
1490     council shall hold a public hearing to receive public comment.
1491          (2) The town council shall provide notice of the place, purpose, and time of the public
1492     hearing by publishing notice at least seven days before the hearing:
1493          (a) (i) at least once in a newspaper of general circulation in the town; or
1494          (ii) if there is no newspaper of general circulation, then by posting the notice in three
1495     public places at least 48 hours before the hearing;
1496          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201; and
1497          (c) on the home page of the website, either in full or as a link, of the town or metro
1498     township, if the town or metro township has a publicly viewable website, until the hearing
1499     takes place.
1500          (3) After the hearing, the town council, subject to Section 10-5-110, may adjust
1501     expenditures and revenues in conformity with this chapter.
1502          Section 25. Section 10-6-113 is amended to read:
1503          10-6-113. Budget -- Notice of hearing to consider adoption.
1504          At the meeting at which each tentative budget is adopted, the governing body shall
1505     establish the time and place of a public hearing to consider its adoption and shall order that
1506     notice of the public hearing be published at least seven days prior to the hearing:
1507          (1) (a) in at least one issue of a newspaper of general circulation published in the
1508     county in which the city is located; or
1509          (b) if there is not a newspaper as described in Subsection (1)(a), in three public places
1510     within the city;
1511          (2) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201; and
1512          (3) on the home page of the website, either in full or as a link, of the city or metro
1513     township, if the city or metro township has a publicly viewable website, until the hearing takes

1514     place.
1515          Section 26. Section 10-6-135.5 is amended to read:
1516          10-6-135.5. Transfer of enterprise fund money to another fund.
1517          (1) As used in this section:
1518          (a) "Budget hearing" means a public hearing required under Section 10-6-114.
1519          (b) "Enterprise fund accounting data" means a detailed overview of the various
1520     enterprise funds of the city that includes:
1521          (i) a cost accounting breakdown of how money in the enterprise fund is being used to
1522     cover, as applicable:
1523          (A) administrative and overhead costs of the city attributable to the operation of the
1524     enterprise for which the enterprise fund was created; and
1525          (B) other costs not associated with the enterprise for which the enterprise fund was
1526     created; and
1527          (ii) specific enterprise fund information.
1528          (c) "Enterprise fund hearing" means the public hearing required under Subsection
1529     (3)(d).
1530          (d) "Specific enterprise fund information" means:
1531          (i) the dollar amount of transfers from an enterprise fund to another fund; and
1532          (ii) the percentage of the total enterprise fund expenditures represented by each transfer
1533     to another fund.
1534          (2) Subject to the requirements of this section, a city may transfer money in an
1535     enterprise fund to another fund to pay for a good, service, project, venture, or other purpose
1536     that is not directly related to the goods or services provided by the enterprise for which the
1537     enterprise fund was created.
1538          (3) The governing body of a city that intends to transfer money in an enterprise fund to
1539     another fund shall:
1540          (a) provide notice of the intended transfer as required under Subsection (4);

1541          (b) clearly identify in a separate section or document accompanying the city's tentative
1542     budget or, if an amendment to the city's budget includes or is based on an intended transfer, in
1543     a separate section or document accompanying the amendment to the city's budget:
1544          (i) the enterprise fund from which money is intended to be transferred; and
1545          (ii) the specific enterprise fund information for that enterprise fund;
1546          (c) provide notice of an enterprise fund hearing, as required in Subsection (4); and
1547          (d) hold an enterprise fund hearing before the adoption of the city's budget or, if
1548     applicable, the amendment to the budget.
1549          (4) (a) At least seven days before holding an enterprise fund hearing, a governing body
1550     shall:
1551          (i) provide the notice described in Subsection (4)(b) by:
1552          (A) mailing a copy of the notice to users of the goods or services provided by the
1553     enterprise for which the enterprise fund was created, if the city regularly mails users a periodic
1554     billing for the goods or services;
1555          (B) emailing a copy of the notice to users of the goods or services provided by the
1556     enterprise for which the enterprise fund was created, if the city regularly emails users a periodic
1557     billing for the goods or services;
1558          (C) posting the notice on the Utah Public Notice Website created in Section
1559     [63F-1-701] 63A-12-201; and
1560          (D) if the city has a website, prominently posting the notice on the city's website until
1561     the enterprise fund hearing is concluded; and
1562          (ii) if the city communicates with the public through a social media platform, publish
1563     notice of the date, time, place, and purpose of the enterprise fund hearing using the social
1564     media platform.
1565          (b) The notice required under Subsection (4)(a)(i) shall:
1566          (i) explain the intended transfer of enterprise fund money to another fund;
1567          (ii) include specific enterprise fund information for each enterprise fund from which

1568     money is intended to be transferred;
1569          (iii) provide the date, time, and place of the enterprise fund hearing; and
1570          (iv) explain the purpose of the enterprise fund hearing.
1571          (5) (a) An enterprise fund hearing shall be separate and independent from a budget
1572     hearing and any other public hearing.
1573          (b) At an enterprise fund hearing, the governing body shall:
1574          (i) explain the intended transfer of enterprise fund money to another fund;
1575          (ii) provide enterprise fund accounting data to the public; and
1576          (iii) allow members of the public in attendance at the hearing to comment on:
1577          (A) the intended transfer of enterprise fund money to another fund; and
1578          (B) the enterprise fund accounting data.
1579          (6) (a) If a governing body adopts a budget or a budget amendment that includes or is
1580     based on a transfer of money from an enterprise fund to another fund, the governing body shall:
1581          (i) within 60 days after adopting the budget or budget amendment:
1582          (A) mail a notice to users of the goods or services provided by the enterprise for which
1583     the enterprise fund was created, if the city regularly mails users a periodic billing for the goods
1584     or services; and
1585          (B) email a notice to users of the goods or services provided by the enterprise for
1586     which the enterprise fund was created, if the city regularly emails users a periodic billing for
1587     the goods or services;
1588          (ii) within seven days after adopting the budget or budget amendment:
1589          (A) post enterprise fund accounting data on the city's website, if the city has a website;
1590          (B) using the city's social media platform, publish notice of the adoption of a budget or
1591     budget amendment that includes or is based on a transfer of money from an enterprise fund to
1592     another fund, if the city communicates with the public through a social media platform; and
1593          (iii) within 30 days after adopting the budget, submit to the state auditor the specific
1594     enterprise fund information for each enterprise fund from which money will be transferred.

1595          (b) A notice required under Subsection (6)(a)(i) shall:
1596          (i) announce the adoption of a budget or budget amendment that includes or is based
1597     on a transfer of money from an enterprise fund to another fund; and
1598          (ii) include the specific enterprise fund information.
1599          (c) The governing body shall maintain the website posting required under Subsection
1600     (6)(a)(ii)(A) continuously until another posting is required under Subsection (4)(a)(i)(C).
1601          Section 27. Section 10-7-19 is amended to read:
1602          10-7-19. Election to authorize -- Notice -- Ballots.
1603          (1) Subject to Subsection (2), the board of commissioners or city council of any city, or
1604     the board of trustees of any incorporated town, may aid and encourage the building of railroads
1605     by granting to any railroad company, for depot or other railroad purposes, real property of the
1606     city or incorporated town, not necessary for municipal or public purposes, upon the limitations
1607     and conditions established by the board of commissioners, city council, or board of trustees.
1608          (2) A board of commissioners, city council, or board of trustees may not grant real
1609     property under Subsection (1) unless the grant is approved by the eligible voters of the city or
1610     town at the next municipal election, or at a special election called for that purpose by the board
1611     of commissioners, city council, or board of trustees.
1612          (3) If the question is submitted at a special election, the election shall be held as nearly
1613     as practicable in conformity with the general election laws of the state.
1614          (4) The board of commissioners, city council, or board of trustees shall publish notice
1615     of an election described in Subsections (2) and (3):
1616          (a) (i) in a newspaper of general circulation in the city or town once a week for four
1617     weeks before the election;
1618          (ii) if there is no newspaper of general circulation in the city or town, at least four
1619     weeks before the day of the election, by posting one notice, and at least one additional notice
1620     per 2,000 population of the city or town, in places within the city or town that are most likely to
1621     give notice to the voters in the city or town; or

1622          (iii) at least four weeks before the day of the election, by mailing notice to each
1623     registered voter in the city or town;
1624          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
1625     four weeks before the day of the election;
1626          (c) in accordance with Section 45-1-101, for four weeks before the day of the election;
1627     and
1628          (d) if the municipality has a website, on the municipality's website for at least four
1629     weeks before the day of the election.
1630          (5) The board of commissioners, city council, or board of trustees shall cause ballots to
1631     be printed and provided to the eligible voters, which shall read: "For the proposed grant for
1632     depot or other railroad purposes: Yes. No."
1633          (6) If a majority of the votes are cast in favor of the grant, the board of commissioners,
1634     city council, or board of trustees shall convey the real property to the railroad company.
1635          Section 28. Section 10-8-2 is amended to read:
1636          10-8-2. Appropriations -- Acquisition and disposal of property -- Municipal
1637     authority -- Corporate purpose -- Procedure -- Notice of intent to acquire real property.
1638          (1) (a) A municipal legislative body may:
1639          (i) appropriate money for corporate purposes only;
1640          (ii) provide for payment of debts and expenses of the corporation;
1641          (iii) subject to Subsections (4) and (5), purchase, receive, hold, sell, lease, convey, and
1642     dispose of real and personal property for the benefit of the municipality, whether the property is
1643     within or without the municipality's corporate boundaries, if the action is in the public interest
1644     and complies with other law;
1645          (iv) improve, protect, and do any other thing in relation to this property that an
1646     individual could do; and
1647          (v) subject to Subsection (2) and after first holding a public hearing, authorize
1648     municipal services or other nonmonetary assistance to be provided to or waive fees required to

1649     be paid by a nonprofit entity, whether or not the municipality receives consideration in return.
1650          (b) A municipality may:
1651          (i) furnish all necessary local public services within the municipality;
1652          (ii) purchase, hire, construct, own, maintain and operate, or lease public utilities
1653     located and operating within and operated by the municipality; and
1654          (iii) subject to Subsection (1)(c), acquire by eminent domain, or otherwise, property
1655     located inside or outside the corporate limits of the municipality and necessary for any of the
1656     purposes stated in Subsections (1)(b)(i) and (ii), subject to restrictions imposed by Title 78B,
1657     Chapter 6, Part 5, Eminent Domain, and general law for the protection of other communities.
1658          (c) Each municipality that intends to acquire property by eminent domain under
1659     Subsection (1)(b) shall comply with the requirements of Section 78B-6-505.
1660          (d) Subsection (1)(b) may not be construed to diminish any other authority a
1661     municipality may claim to have under the law to acquire by eminent domain property located
1662     inside or outside the municipality.
1663          (2) (a) Services or assistance provided pursuant to Subsection (1)(a)(v) is not subject to
1664     the provisions of Subsection (3).
1665          (b) The total amount of services or other nonmonetary assistance provided or fees
1666     waived under Subsection (1)(a)(v) in any given fiscal year may not exceed 1% of the
1667     municipality's budget for that fiscal year.
1668          (3) It is considered a corporate purpose to appropriate money for any purpose that, in
1669     the judgment of the municipal legislative body, provides for the safety, health, prosperity,
1670     moral well-being, peace, order, comfort, or convenience of the inhabitants of the municipality
1671     subject to this Subsection (3).
1672          (a) The net value received for any money appropriated shall be measured on a
1673     project-by-project basis over the life of the project.
1674          (b) (i) A municipal legislative body shall establish the criteria for a determination
1675     under this Subsection (3).

1676          (ii) A municipal legislative body's determination of value received is presumed valid
1677     unless a person can show that the determination was arbitrary, capricious, or illegal.
1678          (c) The municipality may consider intangible benefits received by the municipality in
1679     determining net value received.
1680          (d) (i) Before the municipal legislative body makes any decision to appropriate any
1681     funds for a corporate purpose under this section, the municipal legislative body shall hold a
1682     public hearing.
1683          (ii) The municipal legislative body shall publish a notice of the hearing described in
1684     Subsection (3)(d)(i):
1685          (A) in a newspaper of general circulation at least 14 days before the date of the hearing
1686     or, if there is no newspaper of general circulation, by posting notice in at least three
1687     conspicuous places within the municipality for the same time period; and
1688          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, at
1689     least 14 days before the date of the hearing.
1690          (e) (i) Before a municipality provides notice as described in Subsection (3)(d)(ii), the
1691     municipality shall perform a study that analyzes and demonstrates the purpose for an
1692     appropriation described in this Subsection (3) in accordance with Subsection (3)(e)(iii).
1693          (ii) A municipality shall make the study described in Subsection (3)(e)(i) available at
1694     the municipality for review by interested parties at least 14 days immediately before the public
1695     hearing described in Subsection (3)(d)(i).
1696          (iii) A municipality shall consider the following factors when conducting the study
1697     described in Subsection (3)(e)(i):
1698          (A) what identified benefit the municipality will receive in return for any money or
1699     resources appropriated;
1700          (B) the municipality's purpose for the appropriation, including an analysis of the way
1701     the appropriation will be used to enhance the safety, health, prosperity, moral well-being,
1702     peace, order, comfort, or convenience of the inhabitants of the municipality; and

1703          (C) whether the appropriation is necessary and appropriate to accomplish the
1704     reasonable goals and objectives of the municipality in the area of economic development, job
1705     creation, affordable housing, elimination of a development impediment, job preservation, the
1706     preservation of historic structures and property, and any other public purpose.
1707          (f) (i) An appeal may be taken from a final decision of the municipal legislative body,
1708     to make an appropriation.
1709          (ii) A person shall file an appeal as described in Subsection (3)(f)(i) with the district
1710     court within 30 days after the day on which the municipal legislative body makes a decision.
1711          (iii) Any appeal shall be based on the record of the proceedings before the legislative
1712     body.
1713          (iv) A decision of the municipal legislative body shall be presumed to be valid unless
1714     the appealing party shows that the decision was arbitrary, capricious, or illegal.
1715          (g) The provisions of this Subsection (3) apply only to those appropriations made after
1716     May 6, 2002.
1717          (h) This section applies only to appropriations not otherwise approved pursuant to Title
1718     10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, or Title 10, Chapter 6, Uniform
1719     Fiscal Procedures Act for Utah Cities.
1720          (4) (a) Before a municipality may dispose of a significant parcel of real property, the
1721     municipality shall:
1722          (i) provide reasonable notice of the proposed disposition at least 14 days before the
1723     opportunity for public comment under Subsection (4)(a)(ii); and
1724          (ii) allow an opportunity for public comment on the proposed disposition.
1725          (b) Each municipality shall, by ordinance, define what constitutes:
1726          (i) a significant parcel of real property for purposes of Subsection (4)(a); and
1727          (ii) reasonable notice for purposes of Subsection (4)(a)(i).
1728          (5) (a) Except as provided in Subsection (5)(d), each municipality intending to acquire
1729     real property for the purpose of expanding the municipality's infrastructure or other facilities

1730     used for providing services that the municipality offers or intends to offer shall provide written
1731     notice, as provided in this Subsection (5), of its intent to acquire the property if:
1732          (i) the property is located:
1733          (A) outside the boundaries of the municipality; and
1734          (B) in a county of the first or second class; and
1735          (ii) the intended use of the property is contrary to:
1736          (A) the anticipated use of the property under the general plan of the county in whose
1737     unincorporated area or the municipality in whose boundaries the property is located; or
1738          (B) the property's current zoning designation.
1739          (b) Each notice under Subsection (5)(a) shall:
1740          (i) indicate that the municipality intends to acquire real property;
1741          (ii) identify the real property; and
1742          (iii) be sent to:
1743          (A) each county in whose unincorporated area and each municipality in whose
1744     boundaries the property is located; and
1745          (B) each affected entity.
1746          (c) A notice under this Subsection (5) is a protected record as provided in Subsection
1747     63G-2-305(8).
1748          (d) (i) The notice requirement of Subsection (5)(a) does not apply if the municipality
1749     previously provided notice under Section 10-9a-203 identifying the general location within the
1750     municipality or unincorporated part of the county where the property to be acquired is located.
1751          (ii) If a municipality is not required to comply with the notice requirement of
1752     Subsection (5)(a) because of application of Subsection (5)(d)(i), the municipality shall provide
1753     the notice specified in Subsection (5)(a) as soon as practicable after its acquisition of the real
1754     property.
1755          Section 29. Section 10-8-15 is amended to read:
1756          10-8-15. Waterworks -- Construction -- Extraterritorial jurisdiction.

1757          (1) As used in this section, "affected entity" means a:
1758          (a) county that has land use authority over land subject to an ordinance or regulation
1759     described in this section;
1760          (b) local health department, as that term is defined in Section 26A-1-102, that has
1761     jurisdiction pursuant to Section 26A-1-108 over land subject to an ordinance or regulation
1762     described in this section;
1763          (c) municipality that has enacted or has the right to enact an ordinance or regulation
1764     described in this section over the land subject to an ordinance or regulation described in this
1765     section; and
1766          (d) municipality that has land use authority over land subject to an ordinance or
1767     regulation described in this section.
1768          (2) A municipality may construct or authorize the construction of waterworks within or
1769     without the municipal limits, and for the purpose of maintaining and protecting the same from
1770     injury and the water from pollution the municipality's jurisdiction shall extend over the territory
1771     occupied by such works, and over all reservoirs, streams, canals, ditches, pipes and drains used
1772     in and necessary for the construction, maintenance and operation of the same, and over the
1773     stream or other source from which the water is taken, for 15 miles above the point from which
1774     it is taken and for a distance of 300 feet on each side of such stream and over highways along
1775     such stream or watercourse within said 15 miles and said 300 feet.
1776          (3) The jurisdiction of a city of the first class shall additionally be over the entire
1777     watershed within the county of origin of the city of the first class and subject to Subsection (6)
1778     provided that livestock shall be permitted to graze beyond 1,000 feet from any such stream or
1779     source; and provided further, that the city of the first class shall provide a highway in and
1780     through the city's corporate limits, and so far as the city's jurisdiction extends, which may not
1781     be closed to cattle, horses, sheep, hogs, or goats driven through the city, or through any
1782     territory adjacent thereto over which the city has jurisdiction, but the board of commissioners
1783     of the city may enact ordinances placing under police regulations the manner of driving such

1784     cattle, sheep, horses, hogs, and goats through the city, or any territory adjacent thereto over
1785     which the city has jurisdiction.
1786          (4) A municipality may enact all ordinances and regulations necessary to carry the
1787     power herein conferred into effect, and is authorized and empowered to enact ordinances
1788     preventing pollution or contamination of the streams or watercourses from which the
1789     municipality derives the municipality's water supply, in whole or in part, for domestic and
1790     culinary purposes, and may enact ordinances prohibiting or regulating the construction or
1791     maintenance of any closet, privy, outhouse or urinal within the area over which the
1792     municipality has jurisdiction, and provide for permits for the construction and maintenance of
1793     the same.
1794          (5) In granting a permit described in Subsection (4), a municipality may annex thereto
1795     such reasonable conditions and requirements for the protection of the public health as the
1796     municipality determines proper, and may, if determined advisable, require that all closets,
1797     privies and urinals along such streams shall be provided with effective septic tanks or other
1798     germ-destroying instrumentalities.
1799          (6) A city of the first class may only exercise extraterritorial jurisdiction outside of the
1800     city's county of origin, as described in Subsection (3), pursuant to a written agreement with all
1801     municipalities and counties that have jurisdiction over the area where the watershed is located.
1802          (7) (a) After July 1, 2019, a municipal legislative body that seeks to adopt an ordinance
1803     or regulation under the authority of this section shall:
1804          (i) hold a public hearing on the proposed ordinance or regulation; and
1805          (ii) give notice of the date, place, and time of the hearing, as described in Subsection
1806     (7)(b).
1807          (b) At least ten days before the day on which the public hearing described in
1808     Subsection (7)(a)(i) is to be held, the notice described in Subsection (7)(a)(ii) shall be:
1809          (i) mailed to:
1810          (A) each affected entity;

1811          (B) the director of the Division of Drinking Water; and
1812          (C) the director of the Division of Water Quality; and
1813          (ii) published:
1814          (A) in a newspaper of general circulation in the county in which the land subject to the
1815     proposed ordinance or regulation is located; and
1816          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201.
1817          (c) An ordinance or regulation adopted under the authority of this section may not
1818     conflict with:
1819          (i) existing federal or state statutes; or
1820          (ii) a rule created pursuant to a federal or state statute governing drinking water or
1821     water quality.
1822          (d) A municipality that enacts an ordinance or regulation under the authority of this
1823     section shall:
1824          (i) provide a copy of the ordinance or regulation to each affected entity; and
1825          (ii) include a copy of the ordinance or regulation in the municipality's drinking water
1826     source protection plan.
1827          Section 30. Section 10-9a-203 is amended to read:
1828          10-9a-203. Notice of intent to prepare a general plan or comprehensive general
1829     plan amendments in certain municipalities.
1830          (1) Before preparing a proposed general plan or a comprehensive general plan
1831     amendment, each municipality within a county of the first or second class shall provide 10
1832     calendar days notice of its intent to prepare a proposed general plan or a comprehensive general
1833     plan amendment:
1834          (a) to each affected entity;
1835          (b) to the Automated Geographic Reference Center created in Section 63F-1-506;
1836          (c) to the association of governments, established pursuant to an interlocal agreement
1837     under Title 11, Chapter 13, Interlocal Cooperation Act, of which the municipality is a member;

1838     and
1839          (d) on the Utah Public Notice Website created under Section [63F-1-701] 63A-12-201.
1840          (2) Each notice under Subsection (1) shall:
1841          (a) indicate that the municipality intends to prepare a general plan or a comprehensive
1842     general plan amendment, as the case may be;
1843          (b) describe or provide a map of the geographic area that will be affected by the general
1844     plan or amendment;
1845          (c) be sent by mail, e-mail, or other effective means;
1846          (d) invite the affected entities to provide information for the municipality to consider in
1847     the process of preparing, adopting, and implementing a general plan or amendment concerning:
1848          (i) impacts that the use of land proposed in the proposed general plan or amendment
1849     may have; and
1850          (ii) uses of land within the municipality that the affected entity is considering that may
1851     conflict with the proposed general plan or amendment; and
1852          (e) include the address of an Internet website, if the municipality has one, and the name
1853     and telephone number of a person where more information can be obtained concerning the
1854     municipality's proposed general plan or amendment.
1855          Section 31. Section 10-9a-204 is amended to read:
1856          10-9a-204. Notice of public hearings and public meetings to consider general plan
1857     or modifications.
1858          (1) Each municipality shall provide:
1859          (a) notice of the date, time, and place of the first public hearing to consider the original
1860     adoption or any modification of all or any portion of a general plan; and
1861          (b) notice of each public meeting on the subject.
1862          (2) Each notice of a public hearing under Subsection (1)(a) shall be at least 10 calendar
1863     days before the public hearing and shall be:
1864          (a) (i) published in a newspaper of general circulation in the area; and

1865          (ii) published on the Utah Public Notice Website created in Section [63F-1-701]
1866     63A-12-201;
1867          (b) mailed to each affected entity; and
1868          (c) posted:
1869          (i) in at least three public locations within the municipality; or
1870          (ii) on the municipality's official website.
1871          (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
1872     before the meeting and shall be:
1873          (a) (i) submitted to a newspaper of general circulation in the area; and
1874          (ii) published on the Utah Public Notice Website created in Section [63F-1-701]
1875     63A-12-201; and
1876          (b) posted:
1877          (i) in at least three public locations within the municipality; or
1878          (ii) on the municipality's official website.
1879          Section 32. Section 10-9a-205 is amended to read:
1880          10-9a-205. Notice of public hearings and public meetings on adoption or
1881     modification of land use regulation.
1882          (1) Each municipality shall give:
1883          (a) notice of the date, time, and place of the first public hearing to consider the
1884     adoption or any modification of a land use regulation; and
1885          (b) notice of each public meeting on the subject.
1886          (2) Each notice of a public hearing under Subsection (1)(a) shall be:
1887          (a) mailed to each affected entity at least 10 calendar days before the public hearing;
1888          (b) posted:
1889          (i) in at least three public locations within the municipality; or
1890          (ii) on the municipality's official website; and
1891          (c) (i) (A) published in a newspaper of general circulation in the area at least 10

1892     calendar days before the public hearing; and
1893          (B) published on the Utah Public Notice Website created in Section [63F-1-701]
1894     63A-12-201, at least 10 calendar days before the public hearing; or
1895          (ii) mailed at least 10 days before the public hearing to:
1896          (A) each property owner whose land is directly affected by the land use ordinance
1897     change; and
1898          (B) each adjacent property owner within the parameters specified by municipal
1899     ordinance.
1900          (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
1901     before the meeting and shall be posted:
1902          (a) in at least three public locations within the municipality; or
1903          (b) on the municipality's official website.
1904          (4) (a) A municipality shall send a courtesy notice to each owner of private real
1905     property whose property is located entirely or partially within a proposed zoning map
1906     enactment or amendment at least 10 days before the scheduled day of the public hearing.
1907          (b) The notice shall:
1908          (i) identify with specificity each owner of record of real property that will be affected
1909     by the proposed zoning map or map amendments;
1910          (ii) state the current zone in which the real property is located;
1911          (iii) state the proposed new zone for the real property;
1912          (iv) provide information regarding or a reference to the proposed regulations,
1913     prohibitions, and permitted uses that the property will be subject to if the zoning map or map
1914     amendment is adopted;
1915          (v) state that the owner of real property may no later than 10 days after the day of the
1916     first public hearing file a written objection to the inclusion of the owner's property in the
1917     proposed zoning map or map amendment;
1918          (vi) state the address where the property owner should file the protest;

1919          (vii) notify the property owner that each written objection filed with the municipality
1920     will be provided to the municipal legislative body; and
1921          (viii) state the location, date, and time of the public hearing described in Section
1922     10-9a-502.
1923          (c) If a municipality mails notice to a property owner in accordance with Subsection
1924     (2)(c)(ii) for a public hearing on a zoning map or map amendment, the notice required in this
1925     Subsection (4) may be included in or part of the notice described in Subsection (2)(c)(ii) rather
1926     than sent separately.
1927          Section 33. Section 10-9a-208 is amended to read:
1928          10-9a-208. Hearing and notice for petition to vacate a public street.
1929          (1) For any petition to vacate some or all of a public street or municipal utility
1930     easement the legislative body shall:
1931          (a) hold a public hearing; and
1932          (b) give notice of the date, place, and time of the hearing, as provided in Subsection
1933     (2).
1934          (2) At least 10 days before the public hearing under Subsection (1)(a), the legislative
1935     body shall ensure that the notice required under Subsection (1)(b) is:
1936          (a) mailed to the record owner of each parcel that is accessed by the public street or
1937     municipal utility easement;
1938          (b) mailed to each affected entity;
1939          (c) posted on or near the public street or municipal utility easement in a manner that is
1940     calculated to alert the public; and
1941          (d) (i) published on the website of the municipality in which the land subject to the
1942     petition is located until the public hearing concludes; and
1943          (ii) published on the Utah Public Notice Website created in Section [63F-1-701]
1944     63A-12-201.
1945          Section 34. Section 10-18-203 is amended to read:

1946          10-18-203. Feasibility study on providing cable television or public
1947     telecommunications services -- Public hearings.
1948          (1) If a feasibility consultant is hired under Section 10-18-202, the legislative body of
1949     the municipality shall require the feasibility consultant to:
1950          (a) complete the feasibility study in accordance with this section;
1951          (b) submit to the legislative body by no later than 180 days from the date the feasibility
1952     consultant is hired to conduct the feasibility study:
1953          (i) the full written results of the feasibility study; and
1954          (ii) a summary of the results that is no longer than one page in length; and
1955          (c) attend the public hearings described in Subsection (4) to:
1956          (i) present the feasibility study results; and
1957          (ii) respond to questions from the public.
1958          (2) The feasibility study described in Subsection (1) shall at a minimum consider:
1959          (a) (i) if the municipality is proposing to provide cable television services to
1960     subscribers, whether the municipality providing cable television services in the manner
1961     proposed by the municipality will hinder or advance competition for cable television services
1962     in the municipality; or
1963          (ii) if the municipality is proposing to provide public telecommunications services to
1964     subscribers, whether the municipality providing public telecommunications services in the
1965     manner proposed by the municipality will hinder or advance competition for public
1966     telecommunications services in the municipality;
1967          (b) whether but for the municipality any person would provide the proposed:
1968          (i) cable television services; or
1969          (ii) public telecommunications services;
1970          (c) the fiscal impact on the municipality of:
1971          (i) the capital investment in facilities that will be used to provide the proposed:
1972          (A) cable television services; or

1973          (B) public telecommunications services; and
1974          (ii) the expenditure of funds for labor, financing, and administering the proposed:
1975          (A) cable television services; or
1976          (B) public telecommunications services;
1977          (d) the projected growth in demand in the municipality for the proposed:
1978          (i) cable television services; or
1979          (ii) public telecommunications services;
1980          (e) the projections at the time of the feasibility study and for the next five years, of a
1981     full-cost accounting for a municipality to purchase, lease, construct, maintain, or operate the
1982     facilities necessary to provide the proposed:
1983          (i) cable television services; or
1984          (ii) public telecommunications services; and
1985          (f) the projections at the time of the feasibility study and for the next five years of the
1986     revenues to be generated from the proposed:
1987          (i) cable television services; or
1988          (ii) public telecommunications services.
1989          (3) For purposes of the financial projections required under Subsections (2)(e) and (f),
1990     the feasibility consultant shall assume that the municipality will price the proposed cable
1991     television services or public telecommunications services consistent with Subsection
1992     10-18-303(5).
1993          (4) If the results of the feasibility study satisfy the revenue requirement of Subsection
1994     10-18-202(3), the legislative body, at the next regular meeting after the legislative body
1995     receives the results of the feasibility study, shall schedule at least two public hearings to be
1996     held:
1997          (a) within 60 days of the meeting at which the public hearings are scheduled;
1998          (b) at least seven days apart; and
1999          (c) for the purpose of allowing:

2000          (i) the feasibility consultant to present the results of the feasibility study; and
2001          (ii) the public to:
2002          (A) become informed about the feasibility study results; and
2003          (B) ask questions of the feasibility consultant about the results of the feasibility study.
2004          (5) (a) Except as provided in Subsection (5)(b), the municipality shall publish notice of
2005     the public hearings required under Subsection (4):
2006          (i) at least once a week for three consecutive weeks in a newspaper of general
2007     circulation in the municipality and at least three days before the first public hearing required
2008     under Subsection (4); and
2009          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
2010     three weeks, at least three days before the first public hearing required under Subsection (4).
2011          (b) (i) In accordance with Subsection (5)(a)(i), if there is no newspaper of general
2012     circulation in the municipality, for each 1,000 residents, the municipality shall post at least one
2013     notice of the hearings in a conspicuous place within the municipality that is likely to give
2014     notice of the hearings to the greatest number of residents of the municipality.
2015          (ii) The municipality shall post the notices at least seven days before the first public
2016     hearing required under Subsection (4) is held.
2017          Section 35. Section 10-18-302 is amended to read:
2018          10-18-302. Bonding authority.
2019          (1) In accordance with Title 11, Chapter 14, Local Government Bonding Act, the
2020     legislative body of a municipality may by resolution determine to issue one or more revenue
2021     bonds or general obligation bonds to finance the capital costs for facilities necessary to provide
2022     to subscribers:
2023          (a) a cable television service; or
2024          (b) a public telecommunications service.
2025          (2) The resolution described in Subsection (1) shall:
2026          (a) describe the purpose for which the indebtedness is to be created; and

2027          (b) specify the dollar amount of the one or more bonds proposed to be issued.
2028          (3) (a) A revenue bond issued under this section shall be secured and paid for:
2029          (i) from the revenues generated by the municipality from providing:
2030          (A) cable television services with respect to revenue bonds issued to finance facilities
2031     for the municipality's cable television services; and
2032          (B) public telecommunications services with respect to revenue bonds issued to finance
2033     facilities for the municipality's public telecommunications services; and
2034          (ii) notwithstanding Subsection (3)(b) and Subsection 10-18-303(3)(a), from revenues
2035     generated under Title 59, Chapter 12, Sales and Use Tax Act, if:
2036          (A) notwithstanding Subsection 11-14-201(3) and except as provided in Subsections
2037     (4) and (5), the revenue bond is approved by the registered voters in an election held:
2038          (I) except as provided in Subsection (3)(a)(ii)(A)(II), pursuant to the provisions of Title
2039     11, Chapter 14, Local Government Bonding Act, that govern bond elections; and
2040          (II) notwithstanding Subsection 11-14-203(2), at a regular general election;
2041          (B) the revenues described in this Subsection (3)(a)(ii) are pledged as security for the
2042     revenue bond; and
2043          (C) the municipality or municipalities annually appropriate the revenues described in
2044     this Subsection (3)(a)(ii) to secure and pay the revenue bond issued under this section.
2045          (b) Except as provided in Subsection (3)(a)(ii), a municipality may not pay the
2046     origination, financing, or other carrying costs associated with the one or more revenue bonds
2047     issued under this section from the town or city, respectively, general funds or other enterprise
2048     funds of the municipality.
2049          (4) (a) As used in this Subsection (4), "municipal entity" means an entity created
2050     pursuant to an agreement:
2051          (i) under Title 11, Chapter 13, Interlocal Cooperation Act; and
2052          (ii) to which a municipality is a party.
2053          (b) The requirements of Subsection (3)(a)(ii)(A) do not apply to a municipality or

2054     municipal entity that issues revenue bonds, or to a municipality that is a member of a municipal
2055     entity that issues revenue bonds, if:
2056          (i) on or before March 2, 2004, the municipality that is issuing revenue bonds or that is
2057     a member of a municipal entity that is issuing revenue bonds has published the first notice
2058     described in Subsection (4)(b)(iii);
2059          (ii) on or before April 15, 2004, the municipality that is issuing revenue bonds or that
2060     is a member of a municipal entity that is issuing revenue bonds makes the decision to pledge
2061     the revenues described in Subsection (3)(a)(ii) as security for the revenue bonds described in
2062     this Subsection (4)(b)(ii);
2063          (iii) the municipality that is issuing the revenue bonds or the municipality that is a
2064     member of the municipal entity that is issuing the revenue bonds has:
2065          (A) held a public hearing for which public notice was given by publication of the
2066     notice:
2067          (I) in a newspaper published in the municipality or in a newspaper of general
2068     circulation within the municipality for two consecutive weeks, with the first publication being
2069     not less than 14 days before the public hearing; and
2070          (II) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
2071     two weeks before the public hearing; and
2072          (B) the notice identifies:
2073          (I) that the notice is given pursuant to Title 11, Chapter 14, Local Government Bonding
2074     Act;
2075          (II) the purpose for the bonds to be issued;
2076          (III) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will
2077     be pledged in any fiscal year;
2078          (IV) the maximum number of years that the pledge will be in effect; and
2079          (V) the time, place, and location for the public hearing;
2080          (iv) the municipal entity that issues revenue bonds:

2081          (A) adopts a final financing plan; and
2082          (B) in accordance with Title 63G, Chapter 2, Government Records Access and
2083     Management Act, makes available to the public at the time the municipal entity adopts the final
2084     financing plan:
2085          (I) the final financing plan; and
2086          (II) all contracts entered into by the municipal entity, except as protected by Title 63G,
2087     Chapter 2, Government Records Access and Management Act;
2088          (v) any municipality that is a member of a municipal entity described in Subsection
2089     (4)(b)(iv):
2090          (A) not less than 30 calendar days after the municipal entity complies with Subsection
2091     (4)(b)(iv)(B), holds a final public hearing;
2092          (B) provides notice, at the time the municipality schedules the final public hearing, to
2093     any person who has provided to the municipality a written request for notice; and
2094          (C) makes all reasonable efforts to provide fair opportunity for oral testimony by all
2095     interested parties; and
2096          (vi) except with respect to a municipality that issued bonds prior to March 1, 2004, not
2097     more than 50% of the average annual debt service of all revenue bonds described in this section
2098     to provide service throughout the municipality or municipal entity may be paid from the
2099     revenues described in Subsection (3)(a)(ii).
2100          (5) On or after July 1, 2007, the requirements of Subsection (3)(a)(ii)(A) do not apply
2101     to a municipality that issues revenue bonds if:
2102          (a) the municipality that is issuing the revenue bonds has:
2103          (i) held a public hearing for which public notice was given by publication of the notice:
2104          (A) in a newspaper published in the municipality or in a newspaper of general
2105     circulation within the municipality for two consecutive weeks, with the first publication being
2106     not less than 14 days before the public hearing; and
2107          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for

2108     14 days before the public hearing; and
2109          (ii) the notice identifies:
2110          (A) that the notice is given pursuant to Title 11, Chapter 14, Local Government
2111     Bonding Act;
2112          (B) the purpose for the bonds to be issued;
2113          (C) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will be
2114     pledged in any fiscal year;
2115          (D) the maximum number of years that the pledge will be in effect; and
2116          (E) the time, place, and location for the public hearing; and
2117          (b) except with respect to a municipality that issued bonds prior to March 1, 2004, not
2118     more than 50% of the average annual debt service of all revenue bonds described in this section
2119     to provide service throughout the municipality or municipal entity may be paid from the
2120     revenues described in Subsection (3)(a)(ii).
2121          (6) A municipality that issues bonds pursuant to this section may not make or grant any
2122     undue or unreasonable preference or advantage to itself or to any private provider of:
2123          (a) cable television services; or
2124          (b) public telecommunications services.
2125          Section 36. Section 11-13-204 is amended to read:
2126          11-13-204. Powers and duties of interlocal entities -- Additional powers of energy
2127     services interlocal entities -- Length of term of agreement and interlocal entity -- Notice to
2128     lieutenant governor -- Recording requirements -- Public Service Commission.
2129          (1) (a) An interlocal entity:
2130          (i) shall adopt bylaws, policies, and procedures for the regulation of its affairs and the
2131     conduct of its business;
2132          (ii) may:
2133          (A) amend or repeal a bylaw, policy, or procedure;
2134          (B) sue and be sued;

2135          (C) have an official seal and alter that seal at will;
2136          (D) make and execute contracts and other instruments necessary or convenient for the
2137     performance of its duties and the exercise of its powers and functions;
2138          (E) acquire real or personal property, or an undivided, fractional, or other interest in
2139     real or personal property, necessary or convenient for the purposes contemplated in the
2140     agreement creating the interlocal entity and sell, lease, or otherwise dispose of that property;
2141          (F) directly or by contract with another:
2142          (I) own and acquire facilities and improvements or an undivided, fractional, or other
2143     interest in facilities and improvements;
2144          (II) construct, operate, maintain, and repair facilities and improvements; and
2145          (III) provide the services contemplated in the agreement creating the interlocal entity
2146     and establish, impose, and collect rates, fees, and charges for the services provided by the
2147     interlocal entity;
2148          (G) borrow money, incur indebtedness, and issue revenue bonds, notes, or other
2149     obligations and secure their payment by an assignment, pledge, or other conveyance of all or
2150     any part of the revenues and receipts from the facilities, improvements, or services that the
2151     interlocal entity provides;
2152          (H) offer, issue, and sell warrants, options, or other rights related to the bonds, notes, or
2153     other obligations issued by the interlocal entity;
2154          (I) sell or contract for the sale of the services, output, product, or other benefits
2155     provided by the interlocal entity to:
2156          (I) public agencies inside or outside the state; and
2157          (II) with respect to any excess services, output, product, or benefits, any person on
2158     terms that the interlocal entity considers to be in the best interest of the public agencies that are
2159     parties to the agreement creating the interlocal entity; and
2160          (J) create a local disaster recovery fund in the same manner and to the same extent as
2161     authorized for a local government in accordance with Section 53-2a-605; and

2162          (iii) may not levy, assess, or collect ad valorem property taxes.
2163          (b) An assignment, pledge, or other conveyance under Subsection (1)(a)(ii)(G) may, to
2164     the extent provided by the documents under which the assignment, pledge, or other conveyance
2165     is made, rank prior in right to any other obligation except taxes or payments in lieu of taxes
2166     payable to the state or its political subdivisions.
2167          (2) An energy services interlocal entity:
2168          (a) except with respect to any ownership interest it has in facilities providing additional
2169     project capacity, is not subject to:
2170          (i) Part 3, Project Entity Provisions; or
2171          (ii) Title 59, Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to
2172     Pay Corporate Franchise or Income Tax Act; and
2173          (b) may:
2174          (i) own, acquire, and, by itself or by contract with another, construct, operate, and
2175     maintain a facility or improvement for the generation, transmission, and transportation of
2176     electric energy or related fuel supplies;
2177          (ii) enter into a contract to obtain a supply of electric power and energy and ancillary
2178     services, transmission, and transportation services, and supplies of natural gas and fuels
2179     necessary for the operation of generation facilities;
2180          (iii) enter into a contract with public agencies, investor-owned or cooperative utilities,
2181     and others, whether located in or out of the state, for the sale of wholesale services provided by
2182     the energy services interlocal entity; and
2183          (iv) adopt and implement risk management policies and strategies and enter into
2184     transactions and agreements to manage the risks associated with the purchase and sale of
2185     energy, including forward purchase and sale contracts, hedging, tolling and swap agreements,
2186     and other instruments.
2187          (3) Notwithstanding Section 11-13-216, an agreement creating an interlocal entity or
2188     an amendment to that agreement may provide that the agreement may continue and the

2189     interlocal entity may remain in existence until the latest to occur of:
2190          (a) 50 years after the date of the agreement or amendment;
2191          (b) five years after the interlocal entity has fully paid or otherwise discharged all of its
2192     indebtedness;
2193          (c) five years after the interlocal entity has abandoned, decommissioned, or conveyed
2194     or transferred all of its interest in its facilities and improvements; or
2195          (d) five years after the facilities and improvements of the interlocal entity are no longer
2196     useful in providing the service, output, product, or other benefit of the facilities and
2197     improvements, as determined under the agreement governing the sale of the service, output,
2198     product, or other benefit.
2199          (4) (a) Upon execution of an agreement to approve the creation of an interlocal entity,
2200     including an electric interlocal entity and an energy services interlocal entity, the governing
2201     body of a member of the interlocal entity under Section 11-13-203 shall:
2202          (i) within 30 days after the date of the agreement, jointly file with the lieutenant
2203     governor:
2204          (A) a copy of a notice of an impending boundary action, as defined in Section
2205     67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and
2206          (B) if less than all of the territory of any Utah public agency that is a party to the
2207     agreement is included within the interlocal entity, a copy of an approved final local entity plat,
2208     as defined in Section 67-1a-6.5; and
2209          (ii) upon the lieutenant governor's issuance of a certificate of creation under Section
2210     67-1a-6.5:
2211          (A) if the interlocal entity is located within the boundary of a single county, submit to
2212     the recorder of that county:
2213          (I) the original:
2214          (Aa) notice of an impending boundary action;
2215          (Bb) certificate of creation; and

2216          (Cc) approved final local entity plat, if an approved final local entity plat was required
2217     to be filed with the lieutenant governor under Subsection (4)(a)(i)(B); and
2218          (II) a certified copy of the agreement approving the creation of the interlocal entity; or
2219          (B) if the interlocal entity is located within the boundaries of more than a single
2220     county:
2221          (I) submit to the recorder of one of those counties:
2222          (Aa) the original of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa), (Bb), and
2223     (Cc); and
2224          (Bb) a certified copy of the agreement approving the creation of the interlocal entity;
2225     and
2226          (II) submit to the recorder of each other county:
2227          (Aa) a certified copy of the documents listed in Subsections (4)(a)(ii)(A)(I)(Aa), (Bb),
2228     and (Cc); and
2229          (Bb) a certified copy of the agreement approving the creation of the interlocal entity.
2230          (b) Upon the lieutenant governor's issuance of a certificate of creation under Section
2231     67-1a-6.5, the interlocal entity is created.
2232          (c) Until the documents listed in Subsection (4)(a)(ii) are recorded in the office of the
2233     recorder of each county in which the property is located, a newly created interlocal entity may
2234     not charge or collect a fee for service provided to property within the interlocal entity.
2235          (5) Nothing in this section may be construed as expanding the rights of any
2236     municipality or interlocal entity to sell or provide retail service.
2237          (6) Except as provided in Subsection (7):
2238          (a) nothing in this section may be construed to expand or limit the rights of a
2239     municipality to sell or provide retail electric service; and
2240          (b) an energy services interlocal entity may not provide retail electric service to
2241     customers located outside the municipal boundaries of its members.
2242          (7) (a) An energy services interlocal entity created before July 1, 2003, that is

2243     comprised solely of Utah municipalities and that, for a minimum of 50 years before July 1,
2244     2010, provided retail electric service to customers outside the municipal boundaries of its
2245     members, may provide retail electric service outside the municipal boundaries of its members
2246     if:
2247          (i) the energy services interlocal entity:
2248          (A) enters into a written agreement with each public utility holding a certificate of
2249     public convenience and necessity issued by the Public Service Commission to provide service
2250     within an agreed upon geographic area for the energy services interlocal entity to be
2251     responsible to provide electric service in the agreed upon geographic area outside the municipal
2252     boundaries of the members of the energy services interlocal entity; and
2253          (B) obtains a franchise agreement, with the legislative body of the county or other
2254     governmental entity for the geographic area in which the energy services interlocal entity
2255     provides service outside the municipal boundaries of its members; and
2256          (ii) each public utility described in Subsection (7)(a)(i)(A) applies for and obtains from
2257     the Public Service Commission approval of the agreement specified in Subsection (7)(a)(i)(A).
2258          (b) (i) The Public Service Commission shall, after a public hearing held in accordance
2259     with Title 52, Chapter 4, Open and Public Meetings Act, approve an agreement described in
2260     Subsection (7)(a)(ii) if it determines that the agreement is in the public interest in that it
2261     incorporates the customer protections described in Subsection (7)(c) and the franchise
2262     agreement described in Subsection (7)(a)(i)(B) provides a reasonable mechanism using a
2263     neutral arbiter or ombudsman for resolving potential future complaints by customers of the
2264     energy services interlocal entity.
2265          (ii) In approving an agreement, the Public Service Commission shall also amend the
2266     certificate of public convenience and necessity of any public utility described in Subsection
2267     (7)(a)(i) to delete from the geographic area specified in the certificate or certificates of the
2268     public utility the geographic area that the energy services interlocal entity has agreed to serve.
2269          (c) In providing retail electric service to customers outside of the municipal boundaries

2270     of its members, but not within the municipal boundaries of another municipality that grants a
2271     franchise agreement in accordance with Subsection (7)(a)(i)(B), an energy services interlocal
2272     entity shall comply with the following:
2273          (i) the rates and conditions of service for customers outside the municipal boundaries
2274     of the members shall be at least as favorable as the rates and conditions of service for similarly
2275     situated customers within the municipal boundaries of the members;
2276          (ii) the energy services interlocal entity shall operate as a single entity providing
2277     service both inside and outside of the municipal boundaries of its members;
2278          (iii) a general rebate, refund, or other payment made to customers located within the
2279     municipal boundaries of the members shall also be provided to similarly situated customers
2280     located outside the municipal boundaries of the members;
2281          (iv) a schedule of rates and conditions of service, or any change to the rates and
2282     conditions of service, shall be approved by the governing board of the energy services
2283     interlocal entity;
2284          (v) before implementation of any rate increase, the governing board of the energy
2285     services interlocal entity shall first hold a public meeting to take public comment on the
2286     proposed increase, after providing at least 20 days and not more than 60 days' advance written
2287     notice to its customers on the ordinary billing and on the Utah Public Notice Website, created
2288     by Section [63F-1-701] 63A-12-201; and
2289          (vi) the energy services interlocal entity shall file with the Public Service Commission
2290     its current schedule of rates and conditions of service.
2291          (d) The Public Service Commission shall make the schedule of rates and conditions of
2292     service of the energy services interlocal entity available for public inspection.
2293          (e) Nothing in this section:
2294          (i) gives the Public Service Commission jurisdiction over the provision of retail
2295     electric service by an energy services interlocal entity within the municipal boundaries of its
2296     members; or

2297          (ii) makes an energy services interlocal entity a public utility under Title 54, Public
2298     Utilities.
2299          (f) Nothing in this section expands or diminishes the jurisdiction of the Public Service
2300     Commission over a municipality or an association of municipalities organized under Title 11,
2301     Chapter 13, Interlocal Cooperation Act, except as specifically authorized by this section's
2302     language.
2303          (g) (i) An energy services interlocal entity described in Subsection (7)(a) retains its
2304     authority to provide electric service to the extent authorized by Sections 11-13-202 and
2305     11-13-203 and Subsections 11-13-204(1) through (5).
2306          (ii) Notwithstanding Subsection (7)(g)(i), if the Public Service Commission approves
2307     the agreement described in Subsection (7)(a)(i), the energy services interlocal entity may not
2308     provide retail electric service to customers located outside the municipal boundaries of its
2309     members, except for customers located within the geographic area described in the agreement.
2310          Section 37. Section 11-13-509 is amended to read:
2311          11-13-509. Hearing to consider adoption -- Notice.
2312          (1) At the meeting at which the tentative budget is adopted, the governing board shall:
2313          (a) establish the time and place of a public hearing to consider its adoption; and
2314          (b) except as provided in Subsection (2) or (5), order that notice of the hearing:
2315          (i) be published, at least seven days before the day of the hearing, in at least one issue
2316     of a newspaper of general circulation in a county in which the interlocal entity provides service
2317     to the public or in which its members are located, if such a newspaper is generally circulated in
2318     the county or counties; and
2319          (ii) be published at least seven days before the day of the hearing on the Utah Public
2320     Notice Website created in Section [63F-1-701] 63A-12-201.
2321          (2) If the budget hearing is held in conjunction with a tax increase hearing, the notice
2322     required in Subsection (1)(b):
2323          (a) may be combined with the notice required under Section 59-2-919; and

2324          (b) shall be published in accordance with the advertisement provisions of Section
2325     59-2-919.
2326          (3) Proof that notice was given in accordance with Subsection (1)(b), (2), or (5) is
2327     prima facie evidence that notice was properly given.
2328          (4) If a notice required under Subsection (1)(b), (2), or (5) is not challenged within 30
2329     days after the day on which the hearing is held, the notice is adequate and proper.
2330          (5) A governing board of an interlocal entity with an annual operating budget of less
2331     than $250,000 may satisfy the notice requirements in Subsection (1)(b) by:
2332          (a) mailing a written notice, postage prepaid, to each voter in an interlocal entity; and
2333          (b) posting the notice in three public places within the interlocal entity's service area.
2334          Section 38. Section 11-13-531 is amended to read:
2335          11-13-531. Imposing or increasing a fee for service provided by interlocal entity.
2336          (1) The governing board shall fix the rate for a service or commodity provided by the
2337     interlocal entity.
2338          (2) (a) Before imposing a new fee or increasing an existing fee for a service provided
2339     by an interlocal entity, an interlocal entity governing board shall first hold a public hearing at
2340     which interested persons may speak for or against the proposal to impose a fee or to increase an
2341     existing fee.
2342          (b) Each public hearing under Subsection (2)(a) shall be held on a weekday in the
2343     evening beginning no earlier than 6 p.m.
2344          (c) A public hearing required under this Subsection (2) may be combined with a public
2345     hearing on a tentative budget required under Section 11-13-510.
2346          (d) Except to the extent that this section imposes more stringent notice requirements,
2347     the governing board shall comply with Title 52, Chapter 4, Open and Public Meetings Act, in
2348     holding the public hearing under Subsection (2)(a).
2349          (3) (a) An interlocal entity board shall give notice of a hearing under Subsection (2)(a):
2350          (i) as provided in Subsection (3)(b)(i) or (c); and

2351          (ii) for at least 20 days before the day of the hearing on the Utah Public Notice
2352     Website, created by Section [63F-1-701] 63A-12-201.
2353          (b) (i) Except as provided by Subsection (3)(c)(i), the notice required under Subsection
2354     (2)(a) shall be published:
2355          (A) in a newspaper or combination of newspapers of general circulation in the
2356     interlocal entity, if there is a newspaper or combination of newspapers of general circulation in
2357     the interlocal entity; or
2358          (B) if there is no newspaper or combination of newspapers of general circulation in the
2359     interlocal entity, the interlocal entity board shall post at least one notice per 1,000 population
2360     within the interlocal entity, at places within the interlocal entity that are most likely to provide
2361     actual notice to residents within the interlocal entity.
2362          (ii) The notice described in Subsection (3)(b)(i)(A):
2363          (A) shall be no less than 1/4 page in size and the type used shall be no smaller than 18
2364     point, and surrounded by a 1/4-inch border;
2365          (B) may not be placed in that portion of the newspaper where legal notices and
2366     classified advertisements appear;
2367          (C) whenever possible, shall appear in a newspaper that is published at least one day
2368     per week;
2369          (D) shall be in a newspaper or combination of newspapers of general interest and
2370     readership in the interlocal entity, and not of limited subject matter; and
2371          (E) shall be run once each week for the two weeks preceding the hearing.
2372          (iii) The notice described in Subsections (3)(a)(ii) and (3)(b)(i) shall state that the
2373     interlocal entity board intends to impose or increase a fee for a service provided by the
2374     interlocal entity and will hold a public hearing on a certain day, time, and place fixed in the
2375     notice, which shall be not less than seven days after the day the first notice is published, for the
2376     purpose of hearing comments regarding the proposed imposition or increase of a fee and to
2377     explain the reasons for the proposed imposition or increase.

2378          (c) (i) In lieu of providing notice under Subsection (3)(b)(i), the interlocal entity
2379     governing board may give the notice required under Subsection (2)(a) by mailing the notice to
2380     a person within the interlocal entity's service area who:
2381          (A) will be charged the fee for an interlocal entity's service, if the fee is being imposed
2382     for the first time; or
2383          (B) is being charged a fee, if the fee is proposed to be increased.
2384          (ii) Each notice under Subsection (3)(c)(i) shall comply with Subsection (3)(b)(iii).
2385          (iii) A notice under Subsection (3)(c)(i) may accompany an interlocal entity bill for an
2386     existing fee.
2387          (d) If the hearing required under this section is combined with the public hearing
2388     required under Section 11-13-510, the notice requirements under this Subsection (3) are
2389     satisfied if a notice that meets the requirements of Subsection (3)(b)(iii) is combined with the
2390     notice required under Section 11-13-509.
2391          (e) Proof that notice was given as provided in Subsection (3)(b) or (c) is prima facie
2392     evidence that notice was properly given.
2393          (f) If no challenge is made to the notice given of a public hearing required by
2394     Subsection (2) within 30 days after the date of the hearing, the notice is considered adequate
2395     and proper.
2396          (4) After holding a public hearing under Subsection (2)(a), a governing board may:
2397          (a) impose the new fee or increase the existing fee as proposed;
2398          (b) adjust the amount of the proposed new fee or the increase of the existing fee and
2399     then impose the new fee or increase the existing fee as adjusted; or
2400          (c) decline to impose the new fee or increase the existing fee.
2401          (5) This section applies to each new fee imposed and each increase of an existing fee
2402     that occurs on or after May 12, 2015.
2403          (6) An interlocal entity that accepts an electronic payment may charge an electronic
2404     payment fee.

2405          Section 39. Section 11-13-603 is amended to read:
2406          11-13-603. Taxed interlocal entity.
2407          (1) Notwithstanding any other provision of law:
2408          (a) the use of an asset by a taxed interlocal entity does not constitute the use of a public
2409     asset;
2410          (b) a taxed interlocal entity's use of an asset that was a public asset before the taxed
2411     interlocal entity's use of the asset does not constitute a taxed interlocal entity's use of a public
2412     asset;
2413          (c) an official of a project entity is not a public treasurer; and
2414          (d) a taxed interlocal entity's governing board shall determine and direct the use of an
2415     asset by the taxed interlocal entity.
2416          (2) A taxed interlocal entity is not subject to the provisions of Title 63G, Chapter 6a,
2417     Utah Procurement Code.
2418          (3) (a) A taxed interlocal entity is not a participating local entity as defined in Section
2419     [63A-1-201] 67-3-12.
2420          (b) For each fiscal year of a taxed interlocal entity, the taxed interlocal entity shall
2421     provide:
2422          (i) the taxed interlocal entity's financial statements for and as of the end of the fiscal
2423     year and the prior fiscal year, including:
2424          (A) the taxed interlocal entity's statement of net position as of the end of the fiscal year
2425     and the prior fiscal year, and the related statements of revenues and expenses and of cash flows
2426     for the fiscal year; or
2427          (B) financial statements that are equivalent to the financial statements described in
2428     Subsection (3)(b)(i)(A) and, at the time the financial statements were created, were in
2429     compliance with generally accepted accounting principles that are applicable to taxed interlocal
2430     entities; and
2431          (ii) the accompanying auditor's report and management's discussion and analysis with

2432     respect to the taxed interlocal entity's financial statements for and as of the end of the fiscal
2433     year.
2434          (c) The taxed interlocal entity shall provide the information described in Subsection
2435     (3)(b)[: (i) in a manner described in Subsection 63A-1-205(3); and (ii)] within a reasonable
2436     time after the taxed interlocal entity's independent auditor delivers to the taxed interlocal
2437     entity's governing board the auditor's report with respect to the financial statements for and as
2438     of the end of the fiscal year.
2439          (d) Notwithstanding Subsections (3)(b) and (c) or a taxed interlocal entity's compliance
2440     with one or more of the requirements of Title 63A, Chapter 3, Division of Finance:
2441          (i) the taxed interlocal entity is not subject to Title 63A, Chapter 3, Division of
2442     Finance; and
2443          (ii) the information described in Subsection (3)(b)(i) or (ii) does not constitute public
2444     financial information as defined in Section [63A-1-201] 67-3-12.
2445          (4) (a) A taxed interlocal entity's governing board is not a governing board as defined
2446     in Section 51-2a-102.
2447          (b) A taxed interlocal entity is not subject to the provisions of Title 51, Chapter 2a,
2448     Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
2449     Entities Act.
2450          (5) Notwithstanding any other provision of law, a taxed interlocal entity is not subject
2451     to the following provisions:
2452          (a) Part 4, Governance;
2453          (b) Part 5, Fiscal Procedures for Interlocal Entities;
2454          (c) Subsection 11-13-204(1)(a)(i) or (ii)(J);
2455          (d) Subsection 11-13-206(1)(f);
2456          (e) Subsection 11-13-218(5)(a);
2457          (f) Section 11-13-225;
2458          (g) Section 11-13-226; or

2459          (h) Section 53-2a-605.
2460          (6) (a) In addition to having the powers described in Subsection 11-13-204(1)(a)(ii), a
2461     taxed interlocal entity may, for the regulation of the entity's affairs and conduct of its business,
2462     adopt, amend, or repeal bylaws, policies, or procedures.
2463          (b) Nothing in Part 4, Governance, or Part 5, Fiscal Procedures for Interlocal Entities,
2464     may be construed to limit the power or authority of a taxed interlocal entity.
2465          (7) (a) A governmental law enacted after May 12, 2015, is not applicable to, is not
2466     binding upon, and does not have effect on a taxed interlocal entity unless the governmental law
2467     expressly states the section of governmental law to be applicable to and binding upon the taxed
2468     interlocal entity with the following words: "[Applicable section or subsection number]
2469     constitutes an exception to Subsection 11-13-603(7)(a) and is applicable to and binding upon a
2470     taxed interlocal entity."
2471          (b) Sections 11-13-601 through 11-13-608 constitute an exception to Subsection (7)(a)
2472     and are applicable to and binding upon a taxed interlocal entity.
2473          Section 40. Section 11-14-202 is amended to read:
2474          11-14-202. Notice of election -- Contents -- Publication -- Mailing.
2475          (1) The governing body shall publish notice of the election:
2476          (a) (i) once per week for three consecutive weeks before the election in a newspaper of
2477     general circulation in the local political subdivision, in accordance with Section 11-14-316, the
2478     first publication occurring not less than 21, nor more than 35, days before the day of the
2479     election;
2480          (ii) if there is no newspaper of general circulation in the local political subdivision, at
2481     least 21 days before the day of the election, by posting one notice, and at least one additional
2482     notice per 2,000 population of the local political subdivision, in places within the local political
2483     subdivision that are most likely to give notice to the voters in the local political subdivision; or
2484          (iii) at least three weeks before the day of the election, by mailing notice to each
2485     registered voter in the local political subdivision;

2486          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
2487     three weeks before the day of the election;
2488          (c) in accordance with Section 45-1-101, for three weeks before the day of the election;
2489     and
2490          (d) if the local political subdivision has a website, on the local political subdivision's
2491     website for at least three weeks before the day of the election.
2492          (2) When the debt service on the bonds to be issued will increase the property tax
2493     imposed upon the average value of a residence by an amount that is greater than or equal to $15
2494     per year, the governing body shall prepare and mail either a voter information pamphlet or a
2495     notification described in Subsection (8):
2496          (a) at least 15 days, but not more than 45 days, before the bond election;
2497          (b) to each household containing a registered voter who is eligible to vote on the
2498     bonds; and
2499          (c) that includes the information required by Subsections (4) and (5).
2500          (3) The election officer may change the location of, or establish an additional:
2501          (a) voting precinct polling place, in accordance with Subsection (6);
2502          (b) early voting polling place, in accordance with Subsection 20A-3a-603(2); or
2503          (c) election day voting center, in accordance with Subsection 20A-3a-703(2).
2504          (4) The notice described in Subsection (1) and the voter information pamphlet
2505     described in Subsection (2):
2506          (a) shall include, in the following order:
2507          (i) the date of the election;
2508          (ii) the hours during which the polls will be open;
2509          (iii) the address of the Statewide Electronic Voter Information Website and, if
2510     available, the address of the election officer's website, with a statement indicating that the
2511     election officer will post on the website the location of each polling place for each voting
2512     precinct, each early voting polling place, and each election day voting center, including any

2513     changes to the location of a polling place and the location of an additional polling place;
2514          (iv) a phone number that a voter may call to obtain information regarding the location
2515     of a polling place; and
2516          (v) the title and text of the ballot proposition, including the property tax cost of the
2517     bond described in Subsection 11-14-206(2)(a); and
2518          (b) may include the location of each polling place.
2519          (5) The voter information pamphlet required by this section shall include:
2520          (a) the information required under Subsection (4); and
2521          (b) an explanation of the property tax impact, if any, of the issuance of the bonds,
2522     which may be based on information the governing body determines to be useful, including:
2523          (i) expected debt service on the bonds to be issued;
2524          (ii) a description of the purpose, remaining principal balance, and maturity date of any
2525     outstanding general obligation bonds of the issuer;
2526          (iii) funds other than property taxes available to pay debt service on general obligation
2527     bonds;
2528          (iv) timing of expenditures of bond proceeds;
2529          (v) property values; and
2530          (vi) any additional information that the governing body determines may be useful to
2531     explain the property tax impact of issuance of the bonds.
2532          (6) (a) Except as provided in Section 20A-1-308, the election officer may, after the
2533     deadlines described in Subsections (1) and (2):
2534          (i) if necessary, change the location of a voting precinct polling place; or
2535          (ii) if the election officer determines that the number of voting precinct polling places
2536     is insufficient due to the number of registered voters who are voting, designate additional
2537     voting precinct polling places.
2538          (b) Except as provided in Section 20A-1-308, if an election officer changes the
2539     location of a voting precinct polling place or designates an additional voting precinct polling

2540     place, the election officer shall, as soon as is reasonably possible, give notice of the dates,
2541     times, and location of a changed voting precinct polling place or an additional voting precinct
2542     polling place:
2543          (i) to the lieutenant governor, for posting on the Statewide Electronic Voter
2544     Information Website;
2545          (ii) by posting the information on the website of the election officer, if available; and
2546          (iii) by posting notice:
2547          (A) of a change in the location of a voting precinct polling place, at the new location
2548     and, if possible, the old location; and
2549          (B) of an additional voting precinct polling place, at the additional voting precinct
2550     polling place.
2551          (7) The governing body shall pay the costs associated with the notice required by this
2552     section.
2553          (8) (a) The governing body may mail a notice printed on a postage prepaid,
2554     preaddressed return form that a person may use to request delivery of a voter information
2555     pamphlet by mail.
2556          (b) The notice described in Subsection (8)(a) shall include:
2557          (i) the website upon which the voter information pamphlet is available; and
2558          (ii) the phone number a voter may call to request delivery of a voter information
2559     pamphlet by mail.
2560          (9) A local school board shall comply with the voter information pamphlet
2561     requirements described in Section 53G-4-603.
2562          Section 41. Section 11-14-318 is amended to read:
2563          11-14-318. Public hearing required.
2564          (1) Before issuing bonds authorized under this chapter, a local political subdivision
2565     shall:
2566          (a) in accordance with Subsection (2), provide public notice of the local political

2567     subdivision's intent to issue bonds; and
2568          (b) hold a public hearing:
2569          (i) if an election is required under this chapter:
2570          (A) no sooner than 30 days before the day on which the notice of election is published
2571     under Section 11-14-202; and
2572          (B) no later than five business days before the day on which the notice of election is
2573     published under Section 11-14-202; and
2574          (ii) to receive input from the public with respect to:
2575          (A) the issuance of the bonds; and
2576          (B) the potential economic impact that the improvement, facility, or property for which
2577     the bonds pay all or part of the cost will have on the private sector.
2578          (2) A local political subdivision shall:
2579          (a) publish the notice required by Subsection (1)(a):
2580          (i) once each week for two consecutive weeks in the official newspaper described in
2581     Section 11-14-316 with the first publication being not less than 14 days before the public
2582     hearing required by Subsection (1)(b); and
2583          (ii) on the Utah Public Notice Website, created under Section [63F-1-701]
2584     63A-12-201, no less than 14 days before the public hearing required by Subsection (1)(b); and
2585          (b) ensure that the notice:
2586          (i) identifies:
2587          (A) the purpose for the issuance of the bonds;
2588          (B) the maximum principal amount of the bonds to be issued;
2589          (C) the taxes, if any, proposed to be pledged for repayment of the bonds; and
2590          (D) the time, place, and location of the public hearing; and
2591          (ii) informs the public that the public hearing will be held for the purposes described in
2592     Subsection (1)(b)(ii).
2593          Section 42. Section 11-36a-501 is amended to read:

2594          11-36a-501. Notice of intent to prepare an impact fee facilities plan.
2595          (1) Before preparing or amending an impact fee facilities plan, a local political
2596     subdivision or private entity shall provide written notice of its intent to prepare or amend an
2597     impact fee facilities plan.
2598          (2) A notice required under Subsection (1) shall:
2599          (a) indicate that the local political subdivision or private entity intends to prepare or
2600     amend an impact fee facilities plan;
2601          (b) describe or provide a map of the geographic area where the proposed impact fee
2602     facilities will be located; and
2603          (c) subject to Subsection (3), be posted on the Utah Public Notice Website created
2604     under Section [63F-1-701] 63A-12-201.
2605          (3) For a private entity required to post notice on the Utah Public Notice Website under
2606     Subsection (2)(c):
2607          (a) the private entity shall give notice to the general purpose local government in which
2608     the private entity's private business office is located; and
2609          (b) the general purpose local government described in Subsection (3)(a) shall post the
2610     notice on the Utah Public Notice Website.
2611          Section 43. Section 11-36a-503 is amended to read:
2612          11-36a-503. Notice of preparation of an impact fee analysis.
2613          (1) Before preparing or contracting to prepare an impact fee analysis, each local
2614     political subdivision or, subject to Subsection (2), private entity shall post a public notice on
2615     the Utah Public Notice Website created under Section [63F-1-701] 63A-12-201.
2616          (2) For a private entity required to post notice on the Utah Public Notice Website under
2617     Subsection (1):
2618          (a) the private entity shall give notice to the general purpose local government in which
2619     the private entity's primary business is located; and
2620          (b) the general purpose local government described in Subsection (2)(a) shall post the

2621     notice on the Utah Public Notice Website.
2622          Section 44. Section 11-36a-504 is amended to read:
2623          11-36a-504. Notice of intent to adopt impact fee enactment -- Hearing --
2624     Protections.
2625          (1) Before adopting an impact fee enactment:
2626          (a) a municipality legislative body shall:
2627          (i) comply with the notice requirements of Section 10-9a-205 as if the impact fee
2628     enactment were a land use regulation;
2629          (ii) hold a hearing in accordance with Section 10-9a-502 as if the impact fee enactment
2630     were a land use regulation; and
2631          (iii) except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of
2632     Section 10-9a-801 as if the impact fee were a land use regulation;
2633          (b) a county legislative body shall:
2634          (i) comply with the notice requirements of Section 17-27a-205 as if the impact fee
2635     enactment were a land use regulation;
2636          (ii) hold a hearing in accordance with Section 17-27a-502 as if the impact fee
2637     enactment were a land use regulation; and
2638          (iii) except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of
2639     Section 17-27a-801 as if the impact fee were a land use regulation;
2640          (c) a local district or special service district shall:
2641          (i) comply with the notice and hearing requirements of Section 17B-1-111; and
2642          (ii) receive the protections of Section 17B-1-111;
2643          (d) a local political subdivision shall at least 10 days before the day on which a public
2644     hearing is scheduled in accordance with this section:
2645          (i) make a copy of the impact fee enactment available to the public; and
2646          (ii) post notice of the local political subdivision's intent to enact or modify the impact
2647     fee, specifying the type of impact fee being enacted or modified, on the Utah Public Notice

2648     Website created under Section [63F-1-701] 63A-12-201; and
2649          (e) a local political subdivision shall submit a copy of the impact fee analysis and a
2650     copy of the summary of the impact fee analysis prepared in accordance with Section
2651     11-36a-303 on its website or to each public library within the local political subdivision.
2652          (2) Subsection (1)(a) or (b) may not be construed to require involvement by a planning
2653     commission in the impact fee enactment process.
2654          Section 45. Section 11-42-202 is amended to read:
2655          11-42-202. Requirements applicable to a notice of a proposed assessment area
2656     designation.
2657          (1) Each notice required under Subsection 11-42-201(2)(a) shall:
2658          (a) state that the local entity proposes to:
2659          (i) designate one or more areas within the local entity's jurisdictional boundaries as an
2660     assessment area;
2661          (ii) provide an improvement to property within the proposed assessment area; and
2662          (iii) finance some or all of the cost of improvements by an assessment on benefitted
2663     property within the assessment area;
2664          (b) describe the proposed assessment area by any reasonable method that allows an
2665     owner of property in the proposed assessment area to determine that the owner's property is
2666     within the proposed assessment area;
2667          (c) describe, in a general and reasonably accurate way, the improvements to be
2668     provided to the assessment area, including:
2669          (i) the nature of the improvements; and
2670          (ii) the location of the improvements, by reference to streets or portions or extensions
2671     of streets or by any other means that the governing body chooses that reasonably describes the
2672     general location of the improvements;
2673          (d) state the estimated cost of the improvements as determined by a project engineer;
2674          (e) for the version of notice mailed in accordance with Subsection (4)(b), state the

2675     estimated total assessment specific to the benefitted property for which the notice is mailed;
2676          (f) state that the local entity proposes to levy an assessment on benefitted property
2677     within the assessment area to pay some or all of the cost of the improvements according to the
2678     estimated benefits to the property from the improvements;
2679          (g) if applicable, state that an unassessed benefitted government property will receive
2680     improvements for which the cost will be allocated proportionately to the remaining benefitted
2681     properties within the proposed assessment area and that a description of each unassessed
2682     benefitted government property is available for public review at the location or website
2683     described in Subsection (6);
2684          (h) state the assessment method by which the governing body proposes to calculate the
2685     proposed assessment, including, if the local entity is a municipality or county, whether the
2686     assessment will be collected:
2687          (i) by directly billing a property owner; or
2688          (ii) by inclusion on a property tax notice issued in accordance with Section 59-2-1317
2689     and in compliance with Section 11-42-401;
2690          (i) state:
2691          (i) the date described in Section 11-42-203 and the location at which protests against
2692     designation of the proposed assessment area or of the proposed improvements are required to
2693     be filed;
2694          (ii) the method by which the governing body will determine the number of protests
2695     required to defeat the designation of the proposed assessment area or acquisition or
2696     construction of the proposed improvements; and
2697          (iii) in large, boldface, and conspicuous type that a property owner must protest the
2698     designation of the assessment area in writing if the owner objects to the area designation or
2699     being assessed for the proposed improvements, operation and maintenance costs, or economic
2700     promotion activities;
2701          (j) state the date, time, and place of the public hearing required in Section 11-42-204;

2702          (k) if the governing body elects to create and fund a reserve fund under Section
2703     11-42-702, include a description of:
2704          (i) how the reserve fund will be funded and replenished; and
2705          (ii) how remaining money in the reserve fund is to be disbursed upon full payment of
2706     the bonds;
2707          (l) if the governing body intends to designate a voluntary assessment area, include a
2708     property owner consent form that:
2709          (i) estimates the total assessment to be levied against the particular parcel of property;
2710          (ii) describes any additional benefits that the governing body expects the assessed
2711     property to receive from the improvements;
2712          (iii) designates the date and time by which the fully executed consent form is required
2713     to be submitted to the governing body; and
2714          (iv) if the governing body intends to enforce an assessment lien on the property in
2715     accordance with Subsection 11-42-502.1(2)(a)(ii)(C):
2716          (A) appoints a trustee that satisfies the requirements described in Section 57-1-21;
2717          (B) gives the trustee the power of sale;
2718          (C) is binding on the property owner and all successors; and
2719          (D) explains that if an assessment or an installment of an assessment is not paid when
2720     due, the local entity may sell the property owner's property to satisfy the amount due plus
2721     interest, penalties, and costs, in the manner described in Title 57, Chapter 1, Conveyances;
2722          (m) if the local entity intends to levy an assessment to pay operation and maintenance
2723     costs or for economic promotion activities, include:
2724          (i) a description of the operation and maintenance costs or economic promotion
2725     activities to be paid by assessments and the initial estimated annual assessment to be levied;
2726          (ii) a description of how the estimated assessment will be determined;
2727          (iii) a description of how and when the governing body will adjust the assessment to
2728     reflect the costs of:

2729          (A) in accordance with Section 11-42-406, current economic promotion activities; or
2730          (B) current operation and maintenance costs;
2731          (iv) a description of the method of assessment if different from the method of
2732     assessment to be used for financing any improvement; and
2733          (v) a statement of the maximum number of years over which the assessment will be
2734     levied for:
2735          (A) operation and maintenance costs; or
2736          (B) economic promotion activities;
2737          (n) if the governing body intends to divide the proposed assessment area into
2738     classifications under Subsection 11-42-201(1)(b), include a description of the proposed
2739     classifications;
2740          (o) if applicable, state the portion and value of the improvement that will be increased
2741     in size or capacity to serve property outside of the assessment area and how the increases will
2742     be financed; and
2743          (p) state whether the improvements will be financed with a bond and, if so, the
2744     currently estimated interest rate and term of financing, subject to Subsection (2), for which the
2745     benefitted properties within the assessment area may be obligated.
2746          (2) The estimated interest rate and term of financing in Subsection (1)(p) may not be
2747     interpreted as a limitation to the actual interest rate incurred or the actual term of financing as
2748     subject to the market rate at the time of the issuance of the bond.
2749          (3) A notice required under Subsection 11-42-201(2)(a) may contain other information
2750     that the governing body considers to be appropriate, including:
2751          (a) the amount or proportion of the cost of the improvement to be paid by the local
2752     entity or from sources other than an assessment;
2753          (b) the estimated total amount of each type of assessment for the various improvements
2754     to be financed according to the method of assessment that the governing body chooses; and
2755          (c) provisions for any improvements described in Subsection 11-42-102(24)(a)(ii).

2756          (4) Each notice required under Subsection 11-42-201(2)(a) shall:
2757          (a) (i) (A) be published in a newspaper of general circulation within the local entity's
2758     jurisdictional boundaries, once a week for four consecutive weeks, with the last publication at
2759     least five but not more than 20 days before the day of the hearing required in Section
2760     11-42-204; or
2761          (B) if there is no newspaper of general circulation within the local entity's jurisdictional
2762     boundaries, be posted in at least three public places within the local entity's jurisdictional
2763     boundaries at least 20 but not more than 35 days before the day of the hearing required in
2764     Section 11-42-204; and
2765          (ii) be published on the Utah Public Notice Website described in Section [63F-1-701]
2766     63A-12-201 for four weeks before the deadline for filing protests specified in the notice under
2767     Subsection (1)(i); and
2768          (b) be mailed, postage prepaid, within 10 days after the first publication or posting of
2769     the notice under Subsection (4)(a) to each owner of property to be assessed within the proposed
2770     assessment area at the property owner's mailing address.
2771          (5) (a) The local entity may record the version of the notice that is published or posted
2772     in accordance with Subsection (4)(a) with the office of the county recorder, by legal description
2773     and tax identification number as identified in county records, against the property proposed to
2774     be assessed.
2775          (b) The notice recorded under Subsection (5)(a) expires and is no longer valid one year
2776     after the day on which the local entity records the notice if the local entity has failed to adopt
2777     the designation ordinance or resolution under Section 11-42-201 designating the assessment
2778     area for which the notice was recorded.
2779          (6) A local entity shall make available on the local entity's website, or, if no website is
2780     available, at the local entity's place of business, the address and type of use of each unassessed
2781     benefitted government property described in Subsection (1)(g).
2782          (7) If a governing body fails to provide actual or constructive notice under this section,

2783     the local entity may not assess a levy against a benefitted property omitted from the notice
2784     unless:
2785          (a) the property owner gives written consent;
2786          (b) the property owner received notice under Subsection 11-42-401(2)(a)(iii) and did
2787     not object to the levy of the assessment before the final hearing of the board of equalization; or
2788          (c) the benefitted property is conveyed to a subsequent purchaser and, before the date
2789     of conveyance, the requirements of Subsections 11-42-206(3)(a)(i) and (ii), or, if applicable,
2790     Subsection 11-42-207(1)(d)(i) are met.
2791          Section 46. Section 11-42-402 is amended to read:
2792          11-42-402. Notice of assessment and board of equalization hearing.
2793          Each notice required under Subsection 11-42-401(2)(a)(iii) shall:
2794          (1) state:
2795          (a) that an assessment list is completed and available for examination at the offices of
2796     the local entity;
2797          (b) the total estimated or actual cost of the improvements;
2798          (c) the amount of the total estimated or actual cost of the proposed improvements to be
2799     paid by the local entity;
2800          (d) the amount of the assessment to be levied against benefitted property within the
2801     assessment area;
2802          (e) the assessment method used to calculate the proposed assessment;
2803          (f) the unit cost used to calculate the assessments shown on the assessment list, based
2804     on the assessment method used to calculate the proposed assessment; and
2805          (g) the dates, times, and place of the board of equalization hearings under Subsection
2806     11-42-401(2)(b)(i);
2807          (2) (a) beginning at least 20 but not more than 35 days before the day on which the first
2808     hearing of the board of equalization is held:
2809          (i) be published at least once in a newspaper of general circulation within the local

2810     entity's jurisdictional boundaries; or
2811          (ii) if there is no newspaper of general circulation within the local entity's jurisdictional
2812     boundaries, be posted in at least three public places within the local entity's jurisdictional
2813     boundaries; and
2814          (b) be published on the Utah Public Notice Website created in Section [63F-1-701]
2815     63A-12-201 for 35 days immediately before the day on which the first hearing of the board of
2816     equalization is held; and
2817          (3) be mailed, postage prepaid, within 10 days after the first publication or posting of
2818     the notice under Subsection (2) to each owner of property to be assessed within the proposed
2819     assessment area at the property owner's mailing address.
2820          Section 47. Section 11-58-502 is amended to read:
2821          11-58-502. Public meeting to consider and discuss draft project area plan --
2822     Notice -- Adoption of plan.
2823          (1) The board shall hold at least one public meeting to consider and discuss a draft
2824     project area plan.
2825          (2) At least 10 days before holding a public meeting under Subsection (1), the board
2826     shall give notice of the public meeting:
2827          (a) to each taxing entity;
2828          (b) to a municipality in which the proposed project area is located or that is located
2829     within one-half mile of the proposed project area; and
2830          (c) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201.
2831          (3) Following consideration and discussion of the draft project area plan, and any
2832     modification of the project area plan under Subsection 11-58-501(2)(d), the board may adopt
2833     the draft project area plan or modified draft project area plan as the project area plan.
2834          Section 48. Section 11-58-801 is amended to read:
2835          11-58-801. Annual port authority budget -- Fiscal year -- Public hearing required
2836     -- Auditor forms -- Requirement to file annual budget.

2837          (1) The authority shall prepare and its board adopt an annual budget of revenues and
2838     expenditures for the authority for each fiscal year.
2839          (2) Each annual authority budget shall be adopted before June 22, except that the
2840     authority's initial budget shall be adopted as soon as reasonably practicable after the
2841     organization of the board and the beginning of authority operations.
2842          (3) The authority's fiscal year shall be the period from July 1 to the following June 30.
2843          (4) (a) Before adopting an annual budget, the board shall hold a public hearing on the
2844     annual budget.
2845          (b) The authority shall provide notice of the public hearing on the annual budget by
2846     publishing notice:
2847          (i) at least once in a newspaper of general circulation within the state, one week before
2848     the public hearing; and
2849          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
2850     at least one week immediately before the public hearing.
2851          (c) The authority shall make the annual budget available for public inspection at least
2852     three days before the date of the public hearing.
2853          (5) The state auditor shall prescribe the budget forms and the categories to be contained
2854     in each authority budget, including:
2855          (a) revenues and expenditures for the budget year;
2856          (b) legal fees; and
2857          (c) administrative costs, including rent, supplies, and other materials, and salaries of
2858     authority personnel.
2859          (6) (a) Within 30 days after adopting an annual budget, the board shall file a copy of
2860     the annual budget with the auditor of each county in which the authority jurisdictional land is
2861     located, the State Tax Commission, the state auditor, the State Board of Education, and each
2862     taxing entity that levies a tax on property from which the authority collects property tax
2863     differential.

2864          (b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
2865     state as a taxing entity is met if the authority files a copy with the State Tax Commission and
2866     the state auditor.
2867          Section 49. Section 11-59-401 is amended to read:
2868          11-59-401. Annual authority budget -- Fiscal year -- Public hearing and notice
2869     required -- Auditor forms.
2870          (1) The authority shall prepare and its board adopt an annual budget of revenues and
2871     expenditures for the authority for each fiscal year.
2872          (2) Each annual authority budget shall be adopted before June 22.
2873          (3) The authority's fiscal year shall be the period from July 1 to the following June 30.
2874          (4) (a) Before adopting an annual budget, the authority board shall hold a public
2875     hearing on the annual budget.
2876          (b) The authority shall provide notice of the public hearing on the annual budget by
2877     publishing notice:
2878          (i) at least once in a newspaper of general circulation within the state, one week before
2879     the public hearing; and
2880          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
2881     at least one week immediately before the public hearing.
2882          (c) The authority shall make the annual budget available for public inspection at least
2883     three days before the date of the public hearing.
2884          (5) The state auditor shall prescribe the budget forms and the categories to be contained
2885     in each authority budget, including:
2886          (a) revenues and expenditures for the budget year;
2887          (b) legal fees; and
2888          (c) administrative costs, including rent, supplies, and other materials, and salaries of
2889     authority personnel.
2890          Section 50. Section 17-27a-203 is amended to read:

2891          17-27a-203. Notice of intent to prepare a general plan or comprehensive general
2892     plan amendments in certain counties.
2893          (1) Before preparing a proposed general plan or a comprehensive general plan
2894     amendment, each county of the first or second class shall provide 10 calendar days notice of its
2895     intent to prepare a proposed general plan or a comprehensive general plan amendment:
2896          (a) to each affected entity;
2897          (b) to the Automated Geographic Reference Center created in Section 63F-1-506;
2898          (c) to the association of governments, established pursuant to an interlocal agreement
2899     under Title 11, Chapter 13, Interlocal Cooperation Act, of which the county is a member; and
2900          (d) on the Utah Public Notice Website created under Section [63F-1-701] 63A-12-201.
2901          (2) Each notice under Subsection (1) shall:
2902          (a) indicate that the county intends to prepare a general plan or a comprehensive
2903     general plan amendment, as the case may be;
2904          (b) describe or provide a map of the geographic area that will be affected by the general
2905     plan or amendment;
2906          (c) be sent by mail, e-mail, or other effective means;
2907          (d) invite the affected entities to provide information for the county to consider in the
2908     process of preparing, adopting, and implementing a general plan or amendment concerning:
2909          (i) impacts that the use of land proposed in the proposed general plan or amendment
2910     may have; and
2911          (ii) uses of land within the county that the affected entity is considering that may
2912     conflict with the proposed general plan or amendment; and
2913          (e) include the address of an Internet website, if the county has one, and the name and
2914     telephone number of a person where more information can be obtained concerning the county's
2915     proposed general plan or amendment.
2916          Section 51. Section 17-27a-204 is amended to read:
2917          17-27a-204. Notice of public hearings and public meetings to consider general

2918     plan or modifications.
2919          (1) A county shall provide:
2920          (a) notice of the date, time, and place of the first public hearing to consider the original
2921     adoption or any modification of all or any portion of a general plan; and
2922          (b) notice of each public meeting on the subject.
2923          (2) Each notice of a public hearing under Subsection (1)(a) shall be at least 10 calendar
2924     days before the public hearing and shall be:
2925          (a) (i) published in a newspaper of general circulation in the area; and
2926          (ii) published on the Utah Public Notice Website created in Section [63F-1-701]
2927     63A-12-201;
2928          (b) mailed to each affected entity; and
2929          (c) posted:
2930          (i) in at least three public locations within the county; or
2931          (ii) on the county's official website.
2932          (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
2933     before the meeting and shall be:
2934          (a) (i) submitted to a newspaper of general circulation in the area; and
2935          (ii) published on the Utah Public Notice Website created in Section [63F-1-701]
2936     63A-12-201; and
2937          (b) posted:
2938          (i) in at least three public locations within the county; or
2939          (ii) on the county's official website.
2940          Section 52. Section 17-27a-205 is amended to read:
2941          17-27a-205. Notice of public hearings and public meetings on adoption or
2942     modification of land use regulation.
2943          (1) Each county shall give:
2944          (a) notice of the date, time, and place of the first public hearing to consider the

2945     adoption or modification of a land use regulation; and
2946          (b) notice of each public meeting on the subject.
2947          (2) Each notice of a public hearing under Subsection (1)(a) shall be:
2948          (a) mailed to each affected entity at least 10 calendar days before the public hearing;
2949          (b) posted:
2950          (i) in at least three public locations within the county; or
2951          (ii) on the county's official website; and
2952          (c) (i) published:
2953          (A) in a newspaper of general circulation in the area at least 10 calendar days before
2954     the public hearing; and
2955          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, at
2956     least 10 calendar days before the public hearing; or
2957          (ii) mailed at least 10 days before the public hearing to:
2958          (A) each property owner whose land is directly affected by the land use ordinance
2959     change; and
2960          (B) each adjacent property owner within the parameters specified by county ordinance.
2961          (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
2962     before the hearing and shall be posted:
2963          (a) in at least three public locations within the county; or
2964          (b) on the county's official website.
2965          (4) (a) A county shall send a courtesy notice to each owner of private real property
2966     whose property is located entirely or partially within the proposed zoning map enactment or
2967     amendment at least 10 days before the scheduled day of the public hearing.
2968          (b) The notice shall:
2969          (i) identify with specificity each owner of record of real property that will be affected
2970     by the proposed zoning map or map amendments;
2971          (ii) state the current zone in which the real property is located;

2972          (iii) state the proposed new zone for the real property;
2973          (iv) provide information regarding or a reference to the proposed regulations,
2974     prohibitions, and permitted uses that the property will be subject to if the zoning map or map
2975     amendment is adopted;
2976          (v) state that the owner of real property may no later than 10 days after the day of the
2977     first public hearing file a written objection to the inclusion of the owner's property in the
2978     proposed zoning map or map amendment;
2979          (vi) state the address where the property owner should file the protest;
2980          (vii) notify the property owner that each written objection filed with the county will be
2981     provided to the county legislative body; and
2982          (viii) state the location, date, and time of the public hearing described in Section
2983     17-27a-502.
2984          (c) If a county mails notice to a property owner in accordance with Subsection (2)(c)(ii)
2985     for a public hearing on a zoning map or map amendment, the notice required in this Subsection
2986     (4) may be included in or part of the notice described in Subsection (2)(c)(ii) rather than sent
2987     separately.
2988          Section 53. Section 17-27a-208 is amended to read:
2989          17-27a-208. Hearing and notice for petition to vacate a public street.
2990          (1) For any petition to vacate some or all of a public street or county utility easement,
2991     the legislative body shall:
2992          (a) hold a public hearing; and
2993          (b) give notice of the date, place, and time of the hearing, as provided in Subsection
2994     (2).
2995          (2) At least 10 days before the public hearing under Subsection (1)(a), the legislative
2996     body shall ensure that the notice required under Subsection (1)(b) is:
2997          (a) mailed to the record owner of each parcel that is accessed by the public street or
2998     county utility easement;

2999          (b) mailed to each affected entity;
3000          (c) posted on or near the public street or county utility easement in a manner that is
3001     calculated to alert the public; and
3002          (d) (i) published on the website of the county in which the land subject to the petition is
3003     located until the public hearing concludes; and
3004          (ii) published on the Utah Public Notice Website created in Section [63F-1-701]
3005     63A-12-201.
3006          Section 54. Section 17-27a-306 is amended to read:
3007          17-27a-306. Planning advisory areas.
3008          (1) (a) A planning advisory area may be established as provided in this Subsection (1).
3009          (b) A planning advisory area may not be established unless the area to be included
3010     within the proposed planning advisory area:
3011          (i) is unincorporated;
3012          (ii) is contiguous; and
3013          (iii) (A) contains:
3014          (I) at least 20% but not more than 80% of:
3015          (Aa) the total private land area in the unincorporated county; or
3016          (Bb) the total value of locally assessed taxable property in the unincorporated county;
3017     or
3018          (II) (Aa) in a county of the second or third class, at least 5% of the total population of
3019     the unincorporated county, but not less than 300 residents; or
3020          (Bb) in a county of the fourth, fifth, or sixth class, at least 25% of the total population
3021     of the unincorporated county; or
3022          (B) has been declared by the United States Census Bureau as a census designated
3023     place.
3024          (c) (i) The process to establish a planning advisory area is initiated by the filing of a
3025     petition with the clerk of the county in which the proposed planning advisory area is located.

3026          (ii) A petition to establish a planning advisory area may not be filed if it proposes the
3027     establishment of a planning advisory area that includes an area within a proposed planning
3028     advisory area in a petition that has previously been certified under Subsection (1)(g), until after
3029     the canvass of an election on the proposed planning advisory area under Subsection (1)(j).
3030          (d) A petition under Subsection (1)(c) to establish a planning advisory area shall:
3031          (i) be signed by the owners of private real property that:
3032          (A) is located within the proposed planning advisory area;
3033          (B) covers at least 10% of the total private land area within the proposed planning
3034     advisory area; and
3035          (C) is equal in value to at least 10% of the value of all private real property within the
3036     proposed planning advisory area;
3037          (ii) be accompanied by an accurate plat or map showing the boundary of the contiguous
3038     area proposed to be established as a planning advisory area;
3039          (iii) indicate the typed or printed name and current residence address of each owner
3040     signing the petition;
3041          (iv) designate up to five signers of the petition as petition sponsors, one of whom shall
3042     be designated as the contact sponsor, with the mailing address and telephone number of each
3043     petition sponsor;
3044          (v) authorize the petition sponsor or sponsors to act on behalf of all owners signing the
3045     petition for purposes of the petition; and
3046          (vi) request the county legislative body to provide notice of the petition and of a public
3047     hearing, hold a public hearing, and conduct an election on the proposal to establish a planning
3048     advisory area.
3049          (e) Subsection 10-2a-102(3) applies to a petition to establish a planning advisory area
3050     to the same extent as if it were an incorporation petition under Title 10, Chapter 2a, Municipal
3051     Incorporation.
3052          (f) (i) Within seven days after the filing of a petition under Subsection (1)(c) proposing

3053     the establishment of a planning advisory area in a county of the second class, the county clerk
3054     shall provide notice of the filing of the petition to:
3055          (A) each owner of real property owning more than 1% of the assessed value of all real
3056     property within the proposed planning advisory area; and
3057          (B) each owner of real property owning more than 850 acres of real property within the
3058     proposed planning advisory area.
3059          (ii) A property owner may exclude all or part of the property owner's property from a
3060     proposed planning advisory area in a county of the second class:
3061          (A) if:
3062          (I) (Aa) (Ii) the property owner owns more than 1% of the assessed value of all
3063     property within the proposed planning advisory area;
3064          (IIii) the property is nonurban; and
3065          (IIIiii) the property does not or will not require municipal provision of municipal-type
3066     services; or
3067          (Bb) the property owner owns more than 850 acres of real property within the proposed
3068     planning advisory area; and
3069          (II) exclusion of the property will not leave within the planning advisory area an island
3070     of property that is not part of the planning advisory area; and
3071          (B) by filing a notice of exclusion within 10 days after receiving the clerk's notice
3072     under Subsection (1)(f)(i).
3073          (iii) (A) The county legislative body shall exclude from the proposed planning advisory
3074     area the property identified in a notice of exclusion timely filed under Subsection (1)(f)(ii)(B) if
3075     the property meets the applicable requirements of Subsection (1)(f)(ii)(A).
3076          (B) If the county legislative body excludes property from a proposed planning advisory
3077     area under Subsection (1)(f)(iii), the county legislative body shall, within five days after the
3078     exclusion, send written notice of its action to the contact sponsor.
3079          (g) (i) Within 45 days after the filing of a petition under Subsection (1)(c), the county

3080     clerk shall:
3081          (A) with the assistance of other county officers from whom the clerk requests
3082     assistance, determine whether the petition complies with the requirements of Subsection (1)(d);
3083     and
3084          (B) (I) if the clerk determines that the petition complies with the requirements of
3085     Subsection (1)(d):
3086          (Aa) certify the petition and deliver the certified petition to the county legislative body;
3087     and
3088          (Bb) mail or deliver written notification of the certification to the contact sponsor; or
3089          (II) if the clerk determines that the petition fails to comply with any of the requirements
3090     of Subsection (1)(d), reject the petition and notify the contact sponsor in writing of the
3091     rejection and the reasons for the rejection.
3092          (ii) If the county clerk rejects a petition under Subsection (1)(g)(i)(B)(II), the petition
3093     may be amended to correct the deficiencies for which it was rejected and then refiled with the
3094     county clerk.
3095          (h) (i) Within 90 days after a petition to establish a planning advisory area is certified,
3096     the county legislative body shall hold a public hearing on the proposal to establish a planning
3097     advisory area.
3098          (ii) A public hearing under Subsection (1)(h)(i) shall be:
3099          (A) within the boundary of the proposed planning advisory area; or
3100          (B) if holding a public hearing in that area is not practicable, as close to that area as
3101     practicable.
3102          (iii) At least one week before holding a public hearing under Subsection (1)(h)(i), the
3103     county legislative body shall publish notice of the petition and the time, date, and place of the
3104     public hearing:
3105          (A) at least once in a newspaper of general circulation in the county; and
3106          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201.

3107          (i) Following the public hearing under Subsection (1)(h)(i), the county legislative body
3108     shall arrange for the proposal to establish a planning advisory area to be submitted to voters
3109     residing within the proposed planning advisory area at the next regular general election that is
3110     more than 90 days after the public hearing.
3111          (j) A planning advisory area is established at the time of the canvass of the results of an
3112     election under Subsection (1)(i) if the canvass indicates that a majority of voters voting on the
3113     proposal to establish a planning advisory area voted in favor of the proposal.
3114          (k) An area that is an established township before May 12, 2015:
3115          (i) is, as of May 12, 2015, a planning advisory area; and
3116          (ii) (A) shall change its name, if applicable, to no longer include the word "township";
3117     and
3118          (B) may use the word "planning advisory area" in its name.
3119          (2) The county legislative body may:
3120          (a) assign to the countywide planning commission the duties established in this part
3121     that would have been assumed by a planning advisory area planning commission designated
3122     under Subsection (2)(b); or
3123          (b) designate and appoint a planning commission for the planning advisory area.
3124          (3) (a) An area within the boundary of a planning advisory area may be withdrawn
3125     from the planning advisory area as provided in this Subsection (3) or in accordance with
3126     Subsection (5)(a).
3127          (b) The process to withdraw an area from a planning advisory area is initiated by the
3128     filing of a petition with the clerk of the county in which the planning advisory area is located.
3129          (c) A petition under Subsection (3)(b) shall:
3130          (i) be signed by the owners of private real property that:
3131          (A) is located within the area proposed to be withdrawn from the planning advisory
3132     area;
3133          (B) covers at least 50% of the total private land area within the area proposed to be

3134     withdrawn from the planning advisory area; and
3135          (C) is equal in value to at least 33% of the value of all private real property within the
3136     area proposed to be withdrawn from the planning advisory area;
3137          (ii) state the reason or reasons for the proposed withdrawal;
3138          (iii) be accompanied by an accurate plat or map showing the boundary of the
3139     contiguous area proposed to be withdrawn from the planning advisory area;
3140          (iv) indicate the typed or printed name and current residence address of each owner
3141     signing the petition;
3142          (v) designate up to five signers of the petition as petition sponsors, one of whom shall
3143     be designated as the contact sponsor, with the mailing address and telephone number of each
3144     petition sponsor;
3145          (vi) authorize the petition sponsor or sponsors to act on behalf of all owners signing the
3146     petition for purposes of the petition; and
3147          (vii) request the county legislative body to withdraw the area from the planning
3148     advisory area.
3149          (d) Subsection 10-2a-102(3) applies to a petition to withdraw an area from a planning
3150     advisory area to the same extent as if it were an incorporation petition under Title 10, Chapter
3151     2a, Municipal Incorporation.
3152          (e) (i) Within 45 days after the filing of a petition under Subsection (3)(b), the county
3153     clerk shall:
3154          (A) with the assistance of other county officers from whom the clerk requests
3155     assistance, determine whether the petition complies with the requirements of Subsection (3)(c);
3156     and
3157          (B) (I) if the clerk determines that the petition complies with the requirements of
3158     Subsection (3)(c):
3159          (Aa) certify the petition and deliver the certified petition to the county legislative body;
3160     and

3161          (Bb) mail or deliver written notification of the certification to the contact sponsor; or
3162          (II) if the clerk determines that the petition fails to comply with any of the requirements
3163     of Subsection (3)(c), reject the petition and notify the contact sponsor in writing of the rejection
3164     and the reasons for the rejection.
3165          (ii) If the county clerk rejects a petition under Subsection (3)(e)(i)(B)(II), the petition
3166     may be amended to correct the deficiencies for which it was rejected and then refiled with the
3167     county clerk.
3168          (f) (i) Within 60 days after a petition to withdraw an area from a planning advisory area
3169     is certified, the county legislative body shall hold a public hearing on the proposal to withdraw
3170     the area from the planning advisory area.
3171          (ii) A public hearing under Subsection (3)(f)(i) shall be held:
3172          (A) within the area proposed to be withdrawn from the planning advisory area; or
3173          (B) if holding a public hearing in that area is not practicable, as close to that area as
3174     practicable.
3175          (iii) Before holding a public hearing under Subsection (3)(f)(i), the county legislative
3176     body shall:
3177          (A) publish notice of the petition and the time, date, and place of the public hearing:
3178          (I) at least once a week for three consecutive weeks in a newspaper of general
3179     circulation in the planning advisory area; and
3180          (II) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
3181     three consecutive weeks; and
3182          (B) mail a notice of the petition and the time, date, and place of the public hearing to
3183     each owner of private real property within the area proposed to be withdrawn.
3184          (g) (i) Within 45 days after the public hearing under Subsection (3)(f)(i), the county
3185     legislative body shall make a written decision on the proposal to withdraw the area from the
3186     planning advisory area.
3187          (ii) In making its decision as to whether to withdraw the area from the planning

3188     advisory area, the county legislative body shall consider:
3189          (A) whether the withdrawal would leave the remaining planning advisory area in a
3190     situation where the future incorporation of an area within the planning advisory area or the
3191     annexation of an area within the planning advisory area to an adjoining municipality would be
3192     economically or practically not feasible;
3193          (B) if the withdrawal is a precursor to the incorporation or annexation of the withdrawn
3194     area:
3195          (I) whether the proposed subsequent incorporation or withdrawal:
3196          (Aa) will leave or create an unincorporated island or peninsula; or
3197          (Bb) will leave the county with an area within its unincorporated area for which the
3198     cost, requirements, or other burdens of providing municipal services would materially increase
3199     over previous years; and
3200          (II) whether the municipality to be created or the municipality into which the
3201     withdrawn area is expected to annex would be or is capable, in a cost effective manner, of
3202     providing service to the withdrawn area that the county will no longer provide due to the
3203     incorporation or annexation;
3204          (C) the effects of a withdrawal on adjoining property owners, existing or projected
3205     county streets or other public improvements, law enforcement, and zoning and other municipal
3206     services provided by the county; and
3207          (D) whether justice and equity favor the withdrawal.
3208          (h) Upon the written decision of the county legislative body approving the withdrawal
3209     of an area from a planning advisory area, the area is withdrawn from the planning advisory area
3210     and the planning advisory area continues as a planning advisory area with a boundary that
3211     excludes the withdrawn area.
3212          (4) (a) A planning advisory area may be dissolved as provided in this Subsection (4).
3213          (b) The process to dissolve a planning advisory area is initiated by the filing of a
3214     petition with the clerk of the county in which the planning advisory area is located.

3215          (c) A petition under Subsection (4)(b) shall:
3216          (i) be signed by registered voters within the planning advisory area equal in number to
3217     at least 25% of all votes cast by voters within the planning advisory area at the last
3218     congressional election;
3219          (ii) state the reason or reasons for the proposed dissolution;
3220          (iii) indicate the typed or printed name and current residence address of each person
3221     signing the petition;
3222          (iv) designate up to five signers of the petition as petition sponsors, one of whom shall
3223     be designated as the contact sponsor, with the mailing address and telephone number of each
3224     petition sponsor;
3225          (v) authorize the petition sponsors to act on behalf of all persons signing the petition
3226     for purposes of the petition; and
3227          (vi) request the county legislative body to provide notice of the petition and of a public
3228     hearing, hold a public hearing, and conduct an election on the proposal to dissolve the planning
3229     advisory area.
3230          (d) (i) Within 45 days after the filing of a petition under Subsection (4)(b), the county
3231     clerk shall:
3232          (A) with the assistance of other county officers from whom the clerk requests
3233     assistance, determine whether the petition complies with the requirements of Subsection (4)(c);
3234     and
3235          (B) (I) if the clerk determines that the petition complies with the requirements of
3236     Subsection (4)(c):
3237          (Aa) certify the petition and deliver the certified petition to the county legislative body;
3238     and
3239          (Bb) mail or deliver written notification of the certification to the contact sponsor; or
3240          (II) if the clerk determines that the petition fails to comply with any of the requirements
3241     of Subsection (4)(c), reject the petition and notify the contact sponsor in writing of the rejection

3242     and the reasons for the rejection.
3243          (ii) If the county clerk rejects a petition under Subsection (4)(d)(i)(B)(II), the petition
3244     may be amended to correct the deficiencies for which it was rejected and then refiled with the
3245     county clerk.
3246          (e) (i) Within 60 days after a petition to dissolve the planning advisory area is certified,
3247     the county legislative body shall hold a public hearing on the proposal to dissolve the planning
3248     advisory area.
3249          (ii) A public hearing under Subsection (4)(e)(i) shall be held:
3250          (A) within the boundary of the planning advisory area; or
3251          (B) if holding a public hearing in that area is not practicable, as close to that area as
3252     practicable.
3253          (iii) Before holding a public hearing under Subsection (4)(e)(i), the county legislative
3254     body shall publish notice of the petition and the time, date, and place of the public hearing:
3255          (A) at least once a week for three consecutive weeks in a newspaper of general
3256     circulation in the planning advisory area; and
3257          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
3258     three consecutive weeks immediately before the public hearing.
3259          (f) Following the public hearing under Subsection (4)(e)(i), the county legislative body
3260     shall arrange for the proposal to dissolve the planning advisory area to be submitted to voters
3261     residing within the planning advisory area at the next regular general election that is more than
3262     90 days after the public hearing.
3263          (g) A planning advisory area is dissolved at the time of the canvass of the results of an
3264     election under Subsection (4)(f) if the canvass indicates that a majority of voters voting on the
3265     proposal to dissolve the planning advisory area voted in favor of the proposal.
3266          (5) (a) If a portion of an area located within a planning advisory area is annexed by a
3267     municipality or incorporates, that portion is withdrawn from the planning advisory area.
3268          (b) If a planning advisory area in whole is annexed by a municipality or incorporates,

3269     the planning advisory area is dissolved.
3270          Section 55. Section 17-27a-404 is amended to read:
3271          17-27a-404. Public hearing by planning commission on proposed general plan or
3272     amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
3273     by legislative body.
3274          (1) (a) After completing its recommendation for a proposed general plan, or proposal to
3275     amend the general plan, the planning commission shall schedule and hold a public hearing on
3276     the proposed plan or amendment.
3277          (b) The planning commission shall provide notice of the public hearing, as required by
3278     Section 17-27a-204.
3279          (c) After the public hearing, the planning commission may modify the proposed
3280     general plan or amendment.
3281          (2) The planning commission shall forward the proposed general plan or amendment to
3282     the legislative body.
3283          (3) (a) As provided by local ordinance and by Section 17-27a-204, the legislative body
3284     shall provide notice of its intent to consider the general plan proposal.
3285          (b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
3286     body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
3287     regarding Subsection 17-27a-401(4). The hearing procedure shall comply with this Subsection
3288     (3)(b).
3289          (ii) The hearing format shall allow adequate time for public comment at the actual
3290     public hearing, and shall also allow for public comment in writing to be submitted to the
3291     legislative body for not fewer than 90 days after the date of the public hearing.
3292          (c) (i) The legislative body shall give notice of the hearing in accordance with this
3293     Subsection (3) when the proposed plan provisions required by Subsection 17-27a-401(4) are
3294     complete.
3295          (ii) Direct notice of the hearing shall be given, in writing, to the governor, members of

3296     the state Legislature, executive director of the Department of Environmental Quality, the state
3297     planning coordinator, the Resource Development Coordinating Committee, and any other
3298     citizens or entities who specifically request notice in writing.
3299          (iii) Public notice shall be given by publication:
3300          (A) in at least one major Utah newspaper having broad general circulation in the state;
3301          (B) in at least one Utah newspaper having a general circulation focused mainly on the
3302     county where the proposed high-level nuclear waste or greater than class C radioactive waste
3303     site is to be located; and
3304          (C) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201.
3305          (iv) The notice shall be published to allow reasonable time for interested parties and
3306     the state to evaluate the information regarding the provisions of Subsection 17-27a-401(4),
3307     including:
3308          (A) in a newspaper described in Subsection (3)(c)(iii)(A), no less than 180 days before
3309     the date of the hearing to be held under this Subsection (3); and
3310          (B) publication described in Subsection (3)(c)(iii)(B) or (C) for 180 days before the
3311     date of the hearing to be held under this Subsection (3).
3312          (4) (a) After the public hearing required under this section, the legislative body may
3313     adopt, reject, or make any revisions to the proposed general plan that it considers appropriate.
3314          (b) The legislative body shall respond in writing and in a substantive manner to all
3315     those providing comments as a result of the hearing required by Subsection (3).
3316          (c) If the county legislative body rejects the proposed general plan or amendment, it
3317     may provide suggestions to the planning commission for the planning commission's review and
3318     recommendation.
3319          (5) The legislative body shall adopt:
3320          (a) a land use element as provided in Subsection 17-27a-403(2)(a)(i);
3321          (b) a transportation and traffic circulation element as provided in Subsection
3322     17-27a-403(2)(a)(ii);

3323          (c) after considering the factors included in Subsection 17-27a-403(2)(b), a plan to
3324     provide a realistic opportunity to meet the need for additional moderate income housing; and
3325          (d) before August 1, 2017, a resource management plan as provided by Subsection
3326     17-27a-403(2)(a)(iv).
3327          Section 56. Section 17-36-12 is amended to read:
3328          17-36-12. Notice of budget hearing.
3329          (1) The governing body shall determine the time and place for the public hearing on the
3330     adoption of the budget.
3331          (2) Notice of such hearing shall be published:
3332          (a) (i) at least seven days before the hearing in at least one newspaper of general
3333     circulation within the county, if there is such a paper; or
3334          (ii) if there is no newspaper as described in Subsection (2)(a)(i), by posting notice in
3335     three conspicuous places within the county seven days before the hearing;
3336          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
3337     seven days before the hearing; and
3338          (c) on the home page of the county's website, either in full or as a link, if the county has
3339     a publicly viewable website, beginning at least seven days before the hearing and until the
3340     hearing takes place.
3341          Section 57. Section 17-36-26 is amended to read:
3342          17-36-26. Increase in budgetary fund or county general fund -- Public hearing.
3343          (1) Before the governing body may, by resolution, increase a budget appropriation of
3344     any budgetary fund, increase the budget of the county general fund, or make an amendment to a
3345     budgetary fund or the county general fund, the governing body shall hold a public hearing
3346     giving all interested parties an opportunity to be heard.
3347          (2) Notice of the public hearing described in Subsection (1) shall be published at least
3348     five days before the day of the hearing:
3349          (a) (i) in at least one issue of a newspaper generally circulated in the county; or

3350          (ii) if there is not a newspaper generally circulated in the county, the hearing may be
3351     published by posting notice in three conspicuous places within the county;
3352          (b) on the Utah Public Notice Website created under Section [63F-1-701] 63A-12-201;
3353     and
3354          (c) on the home page of the county's website, either in full or as a link, if the county has
3355     a publicly viewable website, until the hearing takes place.
3356          Section 58. Section 17-41-304 is amended to read:
3357          17-41-304. Public hearing -- Review and action on proposal.
3358          (1) After receipt of the written reports from the advisory committee and planning
3359     commission, or after the 45 days have expired, whichever is earlier, the county or municipal
3360     legislative body shall:
3361          (a) schedule a public hearing;
3362          (b) provide notice of the public hearing by:
3363          (i) publishing notice:
3364          (A) in a newspaper having general circulation within:
3365          (I) the same county as the land proposed for inclusion within the agriculture protection
3366     area, industrial protection area, or critical infrastructure materials protection area, if the land is
3367     within the unincorporated part of the county; or
3368          (II) the same city or town as the land proposed for inclusion within an agriculture
3369     protection area, industrial protection area, or critical infrastructure materials protection area, if
3370     the land is within a city or town; and
3371          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201;
3372          (ii) posting notice at five public places, designated by the applicable legislative body,
3373     within or near the proposed agriculture protection area, industrial protection area, or critical
3374     infrastructure materials protection area; and
3375          (iii) mailing written notice to each owner of land within 1,000 feet of the land proposed
3376     for inclusion within an agriculture protection area, industrial protection area, or critical

3377     infrastructure materials protection area; and
3378          (c) ensure that the notice includes:
3379          (i) the time, date, and place of the public hearing on the proposal;
3380          (ii) a description of the proposed agriculture protection area, industrial protection area,
3381     or critical infrastructure materials protection area;
3382          (iii) any proposed modifications to the proposed agriculture protection area, industrial
3383     protection area, or critical infrastructure materials protection area;
3384          (iv) a summary of the recommendations of the advisory committee and planning
3385     commission; and
3386          (v) a statement that interested persons may appear at the public hearing and speak in
3387     favor of or against the proposal, any proposed modifications to the proposal, or the
3388     recommendations of the advisory committee and planning commission.
3389          (2) The applicable legislative body shall:
3390          (a) convene the public hearing at the time, date, and place specified in the notice; and
3391          (b) take oral or written testimony from interested persons.
3392          (3) (a) Within 120 days of the submission of the proposal, the applicable legislative
3393     body shall approve, modify and approve, or reject the proposal.
3394          (b) The creation of an agriculture protection area, industrial protection area, or critical
3395     infrastructure materials protection area is effective at the earlier of:
3396          (i) the applicable legislative body's approval of a proposal or modified proposal; or
3397          (ii) 120 days after submission of a proposal complying with Subsection 17-41-301(2) if
3398     the applicable legislative body has failed to approve or reject the proposal within that time.
3399          (c) Notwithstanding Subsection (3)(b), a critical infrastructure materials protection area
3400     is effective only if the applicable legislative body, at its discretion, approves a proposal or
3401     modified proposal.
3402          (4) (a) To give constructive notice of the existence of the agriculture protection area,
3403     industrial protection area, or critical infrastructure materials protection area to all persons who

3404     have, may acquire, or may seek to acquire an interest in land in or adjacent to the relevant
3405     protection area within 10 days of the creation of the relevant protection area, the applicable
3406     legislative body shall file an executed document containing a legal description of the relevant
3407     protection area with:
3408          (i) the county recorder of deeds; and
3409          (ii) the affected planning commission.
3410          (b) If the legal description of the property to be included in the relevant protection area
3411     is available through the county recorder's office, the applicable legislative body shall use that
3412     legal description in its executed document required in Subsection (4)(a).
3413          (5) Within 10 days of the recording of the agriculture protection area, the applicable
3414     legislative body shall:
3415          (a) send written notification to the commissioner of agriculture and food that the
3416     agriculture protection area has been created; and
3417          (b) include in the notification:
3418          (i) the number of landowners owning land within the agriculture protection area;
3419          (ii) the total acreage of the area;
3420          (iii) the date of approval of the area; and
3421          (iv) the date of recording.
3422          (6) The applicable legislative body's failure to record the notice required under
3423     Subsection (4) or to send the written notification under Subsection (5) does not invalidate the
3424     creation of an agriculture protection area.
3425          (7) The applicable legislative body may consider the cost of recording notice under
3426     Subsection (4) and the cost of sending notification under Subsection (5) in establishing a fee
3427     under Subsection 17-41-301(4)(b).
3428          Section 59. Section 17-41-405 is amended to read:
3429          17-41-405. Eminent domain restrictions.
3430          (1) A political subdivision having or exercising eminent domain powers may not

3431     condemn for any purpose any land within an agriculture protection area that is being used for
3432     agricultural production, land within an industrial protection area that is being put to an
3433     industrial use, or land within a critical infrastructure materials protection area, unless the
3434     political subdivision obtains approval, according to the procedures and requirements of this
3435     section, from the applicable legislative body and the advisory board.
3436          (2) Any condemnor wishing to condemn property within an agriculture protection area,
3437     industrial protection area, or critical infrastructure materials protection area shall file a notice
3438     of condemnation with the applicable legislative body and the relevant protection area's advisory
3439     board at least 30 days before filing an eminent domain complaint.
3440          (3) The applicable legislative body and the advisory board shall:
3441          (a) hold a joint public hearing on the proposed condemnation at a location within the
3442     county in which the relevant protection area is located;
3443          (b) publish notice of the time, date, place, and purpose of the public hearing:
3444          (i) in a newspaper of general circulation within the relevant protection area; and
3445          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201;
3446     and
3447          (c) post notice of the time, date, place, and purpose of the public hearing in five
3448     conspicuous public places, designated by the applicable legislative body, within or near the
3449     relevant protection area.
3450          (4) (a) If the condemnation is for highway purposes or for the disposal of solid or
3451     liquid waste materials, the applicable legislative body and the advisory board may approve the
3452     condemnation only if there is no reasonable and prudent alternative to the use of the land
3453     within the agriculture protection area, industrial protection area, or critical infrastructure
3454     materials protection area for the project.
3455          (b) If the condemnation is for any other purpose, the applicable legislative body and the
3456     advisory board may approve the condemnation only if:
3457          (i) the proposed condemnation would not have an unreasonably adverse effect upon the

3458     preservation and enhancement of:
3459          (A) agriculture within the agriculture protection area;
3460          (B) the industrial use within the industrial protection area; or
3461          (C) critical infrastructure materials operations within the critical infrastructure
3462     materials protection area; or
3463          (ii) there is no reasonable and prudent alternative to the use of the land within [the] the
3464     relevant protection area for the project.
3465          (5) (a) Within 60 days after receipt of the notice of condemnation, the applicable
3466     legislative body and the advisory board shall approve or reject the proposed condemnation.
3467          (b) If the applicable legislative body and the advisory board fail to act within the 60
3468     days or such further time as the applicable legislative body establishes, the condemnation shall
3469     be considered rejected.
3470          (6) The applicable legislative body or the advisory board may request the county or
3471     municipal attorney to bring an action to enjoin any condemnor from violating any provisions of
3472     this section.
3473          Section 60. Section 17-50-303 is amended to read:
3474          17-50-303. County may not give or lend credit -- County may borrow in
3475     anticipation of revenues -- Assistance to nonprofit and private entities.
3476          (1) A county may not give or lend its credit to or in aid of any person or corporation,
3477     or, except as provided in Subsection (3), appropriate money in aid of any private enterprise.
3478          (2) (a) A county may borrow money in anticipation of the collection of taxes and other
3479     county revenues in the manner and subject to the conditions of Title 11, Chapter 14, Local
3480     Government Bonding Act.
3481          (b) A county may incur indebtedness under Subsection (2)(a) for any purpose for which
3482     funds of the county may be expended.
3483          (3) (a) A county may appropriate money to or provide nonmonetary assistance to a
3484     nonprofit entity, or waive fees required to be paid by a nonprofit entity, if, in the judgment of

3485     the county legislative body, the assistance contributes to the safety, health, prosperity, moral
3486     well-being, peace, order, comfort, or convenience of county residents.
3487          (b) A county may appropriate money to a nonprofit entity from the county's own funds
3488     or from funds the county receives from the state or any other source.
3489          (4) (a) As used in this Subsection (4):
3490          (i) "Private enterprise" means a person that engages in an activity for profit.
3491          (ii) "Project" means an activity engaged in by a private enterprise.
3492          (b) A county may appropriate money in aid of a private enterprise project if:
3493          (i) subject to Subsection (4)(c), the county receives value in return for the money
3494     appropriated; and
3495          (ii) in the judgment of the county legislative body, the private enterprise project
3496     provides for the safety, health, prosperity, moral well-being, peace, order, comfort, or
3497     convenience of the county residents.
3498          (c) The county shall measure the net value received by the county for money
3499     appropriated by the county to a private entity on a project-by-project basis over the life of the
3500     project.
3501          (d) (i) Before a county legislative body may appropriate funds in aid of a private
3502     enterprise project under this Subsection (4), the county legislative body shall:
3503          (A) adopt by ordinance criteria to determine what value, if any, the county will receive
3504     in return for money appropriated under this Subsection (4);
3505          (B) conduct a study as described in Subsection (4)(e) on the proposed appropriation
3506     and private enterprise project; and
3507          (C) post notice, subject to Subsection (4)(f), and hold a public hearing on the proposed
3508     appropriation and the private enterprise project.
3509          (ii) The county legislative body may consider an intangible benefit as a value received
3510     by the county.
3511          (e) (i) Before publishing or posting notice in accordance with Subsection (4)(f), the

3512     county shall study:
3513          (A) any value the county will receive in return for money or resources appropriated to a
3514     private entity;
3515          (B) the county's purpose for the appropriation, including an analysis of the way the
3516     appropriation will be used to enhance the safety, health, prosperity, moral well-being, peace,
3517     order, comfort, or convenience of the county residents; and
3518          (C) whether the appropriation is necessary and appropriate to accomplish the
3519     reasonable goals and objectives of the county in the area of economic development, job
3520     creation, affordable housing, elimination of a development impediment, as defined in Section
3521     17C-1-102, job preservation, the preservation of historic structures, analyzing and improving
3522     county government structure or property, or any other public purpose.
3523          (ii) The county shall:
3524          (A) prepare a written report of the results of the study; and
3525          (B) make the report available to the public at least 14 days immediately prior to the
3526     scheduled day of the public hearing described in Subsection (4)(d)(i)(C).
3527          (f) The county shall publish notice of the public hearing required in Subsection
3528     (4)(d)(i)(C):
3529          (i) in a newspaper of general circulation at least 14 days before the date of the hearing
3530     or, if there is no newspaper of general circulation, by posting notice in at least three
3531     conspicuous places within the county for the same time period; and
3532          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, at
3533     least 14 days before the date of the hearing.
3534          (g) (i) A person may appeal the decision of the county legislative body to appropriate
3535     funds under this Subsection (4).
3536          (ii) A person shall file an appeal with the district court within 30 days after the day on
3537     which the legislative body adopts an ordinance or approves a budget to appropriate the funds.
3538          (iii) A court shall:

3539          (A) presume that an ordinance adopted or appropriation made under this Subsection (4)
3540     is valid; and
3541          (B) determine only whether the ordinance or appropriation is arbitrary, capricious, or
3542     illegal.
3543          (iv) A determination of illegality requires a determination that the decision or
3544     ordinance violates a law, statute, or ordinance in effect at the time the decision was made or the
3545     ordinance was adopted.
3546          (v) The district court's review is limited to:
3547          (A) a review of the criteria adopted by the county legislative body under Subsection
3548     (4)(d)(i)(A);
3549          (B) the record created by the county legislative body at the public hearing described in
3550     Subsection (4)(d)(i)(C); and
3551          (C) the record created by the county in preparation of the study and the study itself as
3552     described in Subsection (4)(e).
3553          (vi) If there is no record, the court may call witnesses and take evidence.
3554          (h) This section applies only to an appropriation not otherwise approved in accordance
3555     with Title 17, Chapter 36, Uniform Fiscal Procedures Act for Counties.
3556          Section 61. Section 17B-1-106 is amended to read:
3557          17B-1-106. Notice before preparing or amending a long-range plan or acquiring
3558     certain property.
3559          (1) As used in this section:
3560          (a) (i) "Affected entity" means each county, municipality, local district under this title,
3561     special service district, school district, interlocal cooperation entity established under Title 11,
3562     Chapter 13, Interlocal Cooperation Act, and specified public utility:
3563          (A) whose services or facilities are likely to require expansion or significant
3564     modification because of an intended use of land; or
3565          (B) that has filed with the local district a copy of the general or long-range plan of the

3566     county, municipality, local district, school district, interlocal cooperation entity, or specified
3567     public utility.
3568          (ii) "Affected entity" does not include the local district that is required under this
3569     section to provide notice.
3570          (b) "Specified public utility" means an electrical corporation, gas corporation, or
3571     telephone corporation, as those terms are defined in Section 54-2-1.
3572          (2) (a) If a local district under this title located in a county of the first or second class
3573     prepares a long-range plan regarding its facilities proposed for the future or amends an already
3574     existing long-range plan, the local district shall, before preparing a long-range plan or
3575     amendments to an existing long-range plan, provide written notice, as provided in this section,
3576     of its intent to prepare a long-range plan or to amend an existing long-range plan.
3577          (b) Each notice under Subsection (2)(a) shall:
3578          (i) indicate that the local district intends to prepare a long-range plan or to amend a
3579     long-range plan, as the case may be;
3580          (ii) describe or provide a map of the geographic area that will be affected by the
3581     long-range plan or amendments to a long-range plan;
3582          (iii) be:
3583          (A) sent to each county in whose unincorporated area and each municipality in whose
3584     boundaries is located the land on which the proposed long-range plan or amendments to a
3585     long-range plan are expected to indicate that the proposed facilities will be located;
3586          (B) sent to each affected entity;
3587          (C) sent to the Automated Geographic Reference Center created in Section 63F-1-506;
3588          (D) sent to each association of governments, established pursuant to an interlocal
3589     agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or
3590     municipality described in Subsection (2)(b)(iii)(A) is a member; and
3591          (E) (I) placed on the Utah Public Notice Website created under Section [63F-1-701]
3592     63A-12-201, if the local district:

3593          (Aa) is required under Subsection 52-4-203(3) to use that website to provide public
3594     notice of a meeting; or
3595          (Bb) voluntarily chooses to place notice on that website despite not being required to
3596     do so under Subsection (2)(b)(iii)(E)(I)(Aa); or
3597          (II) the state planning coordinator appointed under Section 63J-4-202, if the local
3598     district does not provide notice on the Utah Public Notice Website under Subsection
3599     (2)(b)(iii)(E)(I);
3600          (iv) with respect to the notice to counties and municipalities described in Subsection
3601     (2)(b)(iii)(A) and affected entities, invite them to provide information for the local district to
3602     consider in the process of preparing, adopting, and implementing the long-range plan or
3603     amendments to a long-range plan concerning:
3604          (A) impacts that the use of land proposed in the proposed long-range plan or
3605     amendments to a long-range plan may have on the county, municipality, or affected entity; and
3606          (B) uses of land that the county, municipality, or affected entity is planning or
3607     considering that may conflict with the proposed long-range plan or amendments to a long-range
3608     plan; and
3609          (v) include the address of an Internet website, if the local district has one, and the name
3610     and telephone number of a person where more information can be obtained concerning the
3611     local district's proposed long-range plan or amendments to a long-range plan.
3612          (3) (a) Except as provided in Subsection (3)(d), each local district intending to acquire
3613     real property in a county of the first or second class for the purpose of expanding the district's
3614     infrastructure or other facilities used for providing the services that the district is authorized to
3615     provide shall provide written notice, as provided in this Subsection (3), of its intent to acquire
3616     the property if the intended use of the property is contrary to:
3617          (i) the anticipated use of the property under the county or municipality's general plan;
3618     or
3619          (ii) the property's current zoning designation.

3620          (b) Each notice under Subsection (3)(a) shall:
3621          (i) indicate that the local district intends to acquire real property;
3622          (ii) identify the real property; and
3623          (iii) be sent to:
3624          (A) each county in whose unincorporated area and each municipality in whose
3625     boundaries the property is located; and
3626          (B) each affected entity.
3627          (c) A notice under this Subsection (3) is a protected record as provided in Subsection
3628     63G-2-305(8).
3629          (d) (i) The notice requirement of Subsection (3)(a) does not apply if the local district
3630     previously provided notice under Subsection (2) identifying the general location within the
3631     municipality or unincorporated part of the county where the property to be acquired is located.
3632          (ii) If a local district is not required to comply with the notice requirement of
3633     Subsection (3)(a) because of application of Subsection (3)(d)(i), the local district shall provide
3634     the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of the real
3635     property.
3636          Section 62. Section 17B-1-211 is amended to read:
3637          17B-1-211. Notice of public hearings -- Publication of resolution.
3638          (1) Before holding a public hearing or set of public hearings under Section 17B-1-210,
3639     the legislative body of each county or municipality with which a request is filed or that adopts a
3640     resolution under Subsection 17B-1-203(1)(d) and the board of trustees of each local district
3641     that adopts a resolution under Subsection 17B-1-203(1)(e) shall:
3642          (a) (i) (A) except as provided in Subsections (1)(a)(i)(B) and (1)(a)(ii), publish notice
3643     in a newspaper or combination of newspapers of general circulation within the applicable area
3644     in accordance with Subsection (2); or
3645          (B) if there is no newspaper or combination of newspapers of general circulation
3646     within the applicable area, post notice in accordance with Subsection (2) at least one notice per

3647     1,000 population of that area and at places within the area that are most likely to provide actual
3648     notice to residents of the area; and
3649          (ii) publish notice on the Utah Public Notice Website created in Section [63F-1-701]
3650     63A-12-201, for two weeks before the hearing or the first of the set of hearings; or
3651          (b) mail a notice to each registered voter residing within and each owner of real
3652     property located within the proposed local district.
3653          (2) Each published notice under Subsection (1)(a)(i)(A) shall:
3654          (a) be no less than 1/4 page in size, use type no smaller than 18 point, and be
3655     surrounded by a 1/4-inch border;
3656          (b) if possible, appear in a newspaper that is published at least one day per week;
3657          (c) if possible, appear in a newspaper of general interest and readership in the area and
3658     not of limited subject matter;
3659          (d) be placed in a portion of the newspaper other than where legal notices and
3660     classified advertisements appear; and
3661          (e) be published once each week for four consecutive weeks, with the final publication
3662     being no fewer than five and no more than 20 days before the hearing or the first of the set of
3663     hearings.
3664          (3) Each notice required under Subsection (1) shall:
3665          (a) if the hearing or set of hearings is concerning a resolution:
3666          (i) contain the entire text or an accurate summary of the resolution; and
3667          (ii) state the deadline for filing a protest against the creation of the proposed local
3668     district;
3669          (b) clearly identify each governing body involved in the hearing or set of hearings;
3670          (c) state the date, time, and place for the hearing or set of hearings and the purposes for
3671     the hearing or set of hearings; and
3672          (d) describe or include a map of the entire proposed local district.
3673          (4) County or municipal legislative bodies may jointly provide the notice required

3674     under this section if all the requirements of this section are met as to each notice.
3675          Section 63. Section 17B-1-303 is amended to read:
3676          17B-1-303. Term of board of trustees members -- Oath of office -- Bond -- Notice
3677     of board member contact information.
3678          (1) (a) Except as provided in Subsections (1)(b), (c), (d), and (e), the term of each
3679     member of a board of trustees begins at noon on the January 1 following the member's election
3680     or appointment.
3681          (b) The term of each member of the initial board of trustees of a newly created local
3682     district begins:
3683          (i) upon appointment, for an appointed member; and
3684          (ii) upon the member taking the oath of office after the canvass of the election at which
3685     the member is elected, for an elected member.
3686          (c) The term of each water conservancy district board member whom the governor
3687     appoints in accordance with Subsection 17B-2a-1005(2)(c):
3688          (i) begins on the later of the following:
3689          (A) the date on which the Senate consents to the appointment; or
3690          (B) the expiration date of the prior term; and
3691          (ii) ends on the February 1 that is approximately four years after the date described in
3692     Subsection (1)(c)(i)(A) or (B).
3693          (d) The term of a member of a board of trustees whom an appointing authority appoints
3694     in accordance with Subsection (5)(b) begins upon the member taking the oath of office.
3695          (e) If the member of the board of trustees fails to assume or qualify for office on
3696     January 1 for any reason, the term begins on the date the member assumes or qualifies for
3697     office.
3698          (2) (a) (i) Except as provided in Subsection (8), and subject to Subsections (2)(a)(ii)
3699     and (iii), the term of each member of a board of trustees is four years, except that
3700     approximately half the members of the initial board of trustees, chosen by lot, shall serve a

3701     two-year term so that the term of approximately half the board members expires every two
3702     years.
3703          (ii) If the terms of members of the initial board of trustees of a newly created local
3704     district do not begin on January 1 because of application of Subsection (1)(b), the terms of
3705     those members shall be adjusted as necessary, subject to Subsection (2)(a)(iii), to result in the
3706     terms of their successors complying with:
3707          (A) the requirement under Subsection (1)(a) for a term to begin on January 1 following
3708     a member's election or appointment; and
3709          (B) the requirement under Subsection (2)(a)(i) that terms be four years.
3710          (iii) If the term of a member of a board of trustees does not begin on January 1 because
3711     of the application of Subsection (1)(e), the term is shortened as necessary to result in the term
3712     complying with the requirement under Subsection (1)(a) that the successor member's term,
3713     regardless of whether the incumbant is the successor, begins at noon on January 1 following the
3714     successor member's election or appointment.
3715          (iv) An adjustment under Subsection (2)(a)(ii) may not add more than a year to or
3716     subtract more than a year from a member's term.
3717          (b) Each board of trustees member shall serve until a successor is duly elected or
3718     appointed and qualified, unless the member earlier is removed from office or resigns or
3719     otherwise leaves office.
3720          (c) If a member of a board of trustees no longer meets the qualifications of Subsection
3721     17B-1-302(1), (2), or (3), or if the member's term expires without a duly elected or appointed
3722     successor:
3723          (i) the member's position is considered vacant, subject to Subsection (2)(c)(ii); and
3724          (ii) the member may continue to serve until a successor is duly elected or appointed
3725     and qualified.
3726          (3) (a) (i) Before entering upon the duties of office, each member of a board of trustees
3727     shall take the oath of office specified in Utah Constitution, Article IV, Section 10.

3728          (ii) A judge, county clerk, notary public, or the local district clerk may administer an
3729     oath of office.
3730          (b) The member of the board of trustees taking the oath of office shall file the oath of
3731     office with the clerk of the local district.
3732          (c) The failure of a board of trustees member to take the oath under Subsection (3)(a)
3733     does not invalidate any official act of that member.
3734          (4) A board of trustees member may serve any number of terms.
3735          (5) (a) Except as provided in Subsection (6), each midterm vacancy in a board of
3736     trustees position is filled in accordance with Section 20A-1-512.
3737          (b) When the number of members of a board of trustees increases in accordance with
3738     Subsection 17B-1-302(6), the appointing authority may appoint an individual to fill a new
3739     board of trustees position in accordance with Section 17B-1-304 or 20A-1-512.
3740          (6) (a) For purposes of this Subsection (6):
3741          (i) "Appointed official" means a person who:
3742          (A) is appointed as a member of a local district board of trustees by a county or
3743     municipality that is entitled to appoint a member to the board; and
3744          (B) holds an elected position with the appointing county or municipality.
3745          (ii) "Appointing entity" means the county or municipality that appointed the appointed
3746     official to the board of trustees.
3747          (b) The board of trustees shall declare a midterm vacancy for the board position held
3748     by an appointed official if:
3749          (i) during the appointed official's term on the board of trustees, the appointed official
3750     ceases to hold the elected position with the appointing entity; and
3751          (ii) the appointing entity submits a written request to the board to declare the vacancy.
3752          (c) Upon the board's declaring a midterm vacancy under Subsection (6)(b), the
3753     appointing entity shall appoint another person to fill the remaining unexpired term on the board
3754     of trustees.

3755          (7) (a) Each member of a board of trustees shall give a bond for the faithful
3756     performance of the member's duties, in the amount and with the sureties that the board of
3757     trustees prescribes.
3758          (b) The local district shall pay the cost of each bond required under Subsection (7)(a).
3759          (8) (a) The lieutenant governor may extend the term of an elected district board
3760     member by one year in order to compensate for a change in the election year under Subsection
3761     17B-1-306(14).
3762          (b) When the number of members of a board of trustees increases in accordance with
3763     Subsection 17B-1-302(6), to ensure that the term of approximately half of the board members
3764     expires every two years in accordance with Subsection (2)(a):
3765          (i) the board shall set shorter terms for approximately half of the new board members,
3766     chosen by lot; and
3767          (ii) the initial term of a new board member position may be less than two or four years.
3768          (9) (a) A local district shall:
3769          (i) post on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201
3770     the name, phone number, and email address of each member of the local district's board of
3771     trustees;
3772          (ii) update the information described in Subsection (9)(a)(i) when:
3773          (A) the membership of the board of trustees changes; or
3774          (B) a member of the board of trustees' phone number or email address changes; and
3775          (iii) post any update required under Subsection (9)(a)(ii) within 30 days after the date
3776     on which the change requiring the update occurs.
3777          (b) This Subsection (9) applies regardless of whether the county or municipal
3778     legislative body also serves as the board of trustees of the local district.
3779          Section 64. Section 17B-1-306 is amended to read:
3780          17B-1-306. Local district board -- Election procedures.
3781          (1) Except as provided in Subsection (12), each elected board member shall be selected

3782     as provided in this section.
3783          (2) (a) Each election of a local district board member shall be held:
3784          (i) at the same time as the municipal general election or the regular general election, as
3785     applicable; and
3786          (ii) at polling places designated by the local district board in consultation with the
3787     county clerk for each county in which the local district is located, which polling places shall
3788     coincide with municipal general election or regular general election polling places, as
3789     applicable, whenever feasible.
3790          (b) The local district board, in consultation with the county clerk, may consolidate two
3791     or more polling places to enable voters from more than one district to vote at one consolidated
3792     polling place.
3793          (c) (i) Subject to Subsections (5)(h) and (i), the number of polling places under
3794     Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
3795     polling place per division of the district, designated by the district board.
3796          (ii) Each polling place designated by an irrigation district board under Subsection
3797     (2)(c)(i) shall coincide with a polling place designated by the county clerk under Subsection
3798     (2)(a)(ii).
3799          (3) The clerk of each local district with a board member position to be filled at the next
3800     municipal general election or regular general election, as applicable, shall provide notice of:
3801          (a) each elective position of the local district to be filled at the next municipal general
3802     election or regular general election, as applicable;
3803          (b) the constitutional and statutory qualifications for each position; and
3804          (c) the dates and times for filing a declaration of candidacy.
3805          (4) The clerk of the local district shall publish the notice described in Subsection (3):
3806          (a) by posting the notice on the Utah Public Notice Website created in Section
3807     [63F-1-701] 63A-12-201, for 10 days before the first day for filing a declaration of candidacy;
3808     and

3809          (b) (i) by posting the notice in at least five public places within the local district at least
3810     10 days before the first day for filing a declaration of candidacy; or
3811          (ii) publishing the notice:
3812          (A) in a newspaper of general circulation within the local district at least three but no
3813     more than 10 days before the first day for filing a declaration of candidacy;
3814          (B) in accordance with Section 45-1-101, for 10 days before the first day for filing a
3815     declaration of candidacy; and
3816          (c) if the local district has a website, on the local district's website for 10 days before
3817     the first day for filing a declaration of candidacy.
3818          (5) (a) Except as provided in Subsection (5)(c), to become a candidate for an elective
3819     local district board position, an individual shall file a declaration of candidacy in person with
3820     an official designated by the local district, during office hours, within the candidate filing
3821     period for the applicable election year in which the election for the local district board is held.
3822          (b) When the candidate filing deadline falls on a Saturday, Sunday, or holiday, the
3823     filing time shall be extended until the close of normal office hours on the following regular
3824     business day.
3825          (c) Subject to Subsection (5)(f), an individual may designate an agent to file a
3826     declaration of candidacy with the official designated by the local district if:
3827          (i) the individual is located outside of the state during the entire filing period;
3828          (ii) the designated agent appears in person before the official designated by the local
3829     district; and
3830          (iii) the individual communicates with the official designated by the local district using
3831     an electronic device that allows the individual and official to see and hear each other.
3832          (d) (i) Before the filing officer may accept any declaration of candidacy from an
3833     individual, the filing officer shall:
3834          (A) read to the individual the constitutional and statutory qualification requirements for
3835     the office that the individual is seeking; and

3836          (B) require the individual to state whether the individual meets those requirements.
3837          (ii) If the individual does not meet the qualification requirements for the office, the
3838     filing officer may not accept the individual's declaration of candidacy.
3839          (iii) If it appears that the individual meets the requirements of candidacy, the filing
3840     officer shall accept the individual's declaration of candidacy.
3841          (e) The declaration of candidacy shall be in substantially the following form:
3842          "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
3843     ____________, City of ________________, County of ________________, state of Utah, (Zip
3844     Code) ______, (Telephone Number, if any)____________; that I meet the qualifications for the
3845     office of board of trustees member for _______________________ (state the name of the local
3846     district); that I am a candidate for that office to be voted upon at the next election; and that, if
3847     filing via a designated agent, I will be out of the state of Utah during the entire candidate filing
3848     period, and I hereby request that my name be printed upon the official ballot for that election.
3849          (Signed) _________________________________________
3850          Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
3851     of ____________, ____.
3852          (Signed) ________________________
3853          (Clerk or Notary Public)"
3854          (f) An agent designated under Subsection (5)(c) may not sign the form described in
3855     Subsection (5)(e).
3856          (g) Each individual wishing to become a valid write-in candidate for an elective local
3857     district board position is governed by Section 20A-9-601.
3858          (h) If at least one individual does not file a declaration of candidacy as required by this
3859     section, an individual shall be appointed to fill that board position in accordance with the
3860     appointment provisions of Section 20A-1-512.
3861          (i) If only one candidate files a declaration of candidacy and there is no write-in
3862     candidate who complies with Section 20A-9-601, the board, in accordance with Section

3863     20A-1-206, may:
3864          (i) consider the candidate to be elected to the position; and
3865          (ii) cancel the election.
3866          (6) (a) A primary election may be held if:
3867          (i) the election is authorized by the local district board; and
3868          (ii) the number of candidates for a particular local board position or office exceeds
3869     twice the number of persons needed to fill that position or office.
3870          (b) The primary election shall be conducted:
3871          (i) on the same date as the municipal primary election or the regular primary election,
3872     as applicable; and
3873          (ii) according to the procedures for primary elections provided under Title 20A,
3874     Election Code.
3875          (7) (a) Except as provided in Subsection (7)(c), within one business day after the
3876     deadline for filing a declaration of candidacy, the local district clerk shall certify the candidate
3877     names to the clerk of each county in which the local district is located.
3878          (b) (i) Except as provided in Subsection (7)(c) and in accordance with Section
3879     20A-6-305, the clerk of each county in which the local district is located and the local district
3880     clerk shall coordinate the placement of the name of each candidate for local district office in
3881     the nonpartisan section of the ballot with the appropriate election officer.
3882          (ii) If consolidation of the local district election ballot with the municipal general
3883     election ballot or the regular general election ballot, as applicable, is not feasible, the local
3884     district board of trustees, in consultation with the county clerk, shall provide for a separate
3885     local district election ballot to be administered by poll workers at polling locations designated
3886     under Subsection (2).
3887          (c) (i) Subsections (7)(a) and (b) do not apply to an election of a member of the board
3888     of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
3889          (ii) (A) Subject to Subsection (7)(c)(ii)(B), the board of each irrigation district shall

3890     prescribe the form of the ballot for each board member election.
3891          (B) Each ballot for an election of an irrigation district board member shall be in a
3892     nonpartisan format.
3893          (C) The name of each candidate shall be placed on the ballot in the order specified
3894     under Section 20A-6-305.
3895          (8) (a) Each voter at an election for a board of trustees member of a local district shall:
3896          (i) be a registered voter within the district, except for an election of:
3897          (A) an irrigation district board of trustees member; or
3898          (B) a basic local district board of trustees member who is elected by property owners;
3899     and
3900          (ii) meet the requirements to vote established by the district.
3901          (b) Each voter may vote for as many candidates as there are offices to be filled.
3902          (c) The candidates who receive the highest number of votes are elected.
3903          (9) Except as otherwise provided by this section, the election of local district board
3904     members is governed by Title 20A, Election Code.
3905          (10) (a) Except as provided in Subsection 17B-1-303(8), a person elected to serve on a
3906     local district board shall serve a four-year term, beginning at noon on the January 1 after the
3907     person's election.
3908          (b) A person elected shall be sworn in as soon as practical after January 1.
3909          (11) (a) Except as provided in Subsection (11)(b), each local district shall reimburse
3910     the county or municipality holding an election under this section for the costs of the election
3911     attributable to that local district.
3912          (b) Each irrigation district shall bear its own costs of each election it holds under this
3913     section.
3914          (12) This section does not apply to an improvement district that provides electric or gas
3915     service.
3916          (13) Except as provided in Subsection 20A-3a-605(1)(b), the provisions of Title 20A,

3917     Chapter 3a, Part 6, Early Voting, do not apply to an election under this section.
3918          (14) (a) As used in this Subsection (14), "board" means:
3919          (i) a local district board; or
3920          (ii) the administrative control board of a special service district that has elected
3921     members on the board.
3922          (b) A board may hold elections for membership on the board at a regular general
3923     election instead of a municipal general election if the board submits an application to the
3924     lieutenant governor that:
3925          (i) requests permission to hold elections for membership on the board at a regular
3926     general election instead of a municipal general election; and
3927          (ii) indicates that holding elections at the time of the regular general election is
3928     beneficial, based on potential cost savings, a potential increase in voter turnout, or another
3929     material reason.
3930          (c) Upon receipt of an application described in Subsection (14)(b), the lieutenant
3931     governor may approve the application if the lieutenant governor concludes that holding the
3932     elections at the regular general election is beneficial based on the criteria described in
3933     Subsection (14)(b)(ii).
3934          (d) If the lieutenant governor approves a board's application described in this section:
3935          (i) all future elections for membership on the board shall be held at the time of the
3936     regular general election; and
3937          (ii) the board may not hold elections at the time of a municipal general election unless
3938     the board receives permission from the lieutenant governor to hold all future elections for
3939     membership on the board at a municipal general election instead of a regular general election,
3940     under the same procedure, and by applying the same criteria, described in this Subsection (14).
3941          Section 65. Section 17B-1-413 is amended to read:
3942          17B-1-413. Hearing, notice, and protest provisions do not apply for certain
3943     petitions.

3944          (1) Section 17B-1-412 does not apply, and, except as provided in Subsection (2)(a),
3945     Sections 17B-1-409 and 17B-1-410 do not apply:
3946          (a) if the process to annex an area to a local district was initiated by:
3947          (i) a petition under Subsection 17B-1-403(1)(a)(i);
3948          (ii) a petition under Subsection 17B-1-403(1)(a)(ii)(A) that was signed by the owners
3949     of private real property that:
3950          (A) is located within the area proposed to be annexed;
3951          (B) covers at least 75% of the total private land area within the entire area proposed to
3952     be annexed and within each applicable area; and
3953          (C) is equal in assessed value to at least 75% of the assessed value of all private real
3954     property within the entire area proposed to be annexed and within each applicable area; or
3955          (iii) a petition under Subsection 17B-1-403(1)(a)(ii)(B) that was signed by registered
3956     voters residing within the entire area proposed to be annexed and within each applicable area
3957     equal in number to at least 75% of the number of votes cast within the entire area proposed to
3958     be annexed and within each applicable area, respectively, for the office of governor at the last
3959     regular general election before the filing of the petition;
3960          (b) to an annexation under Section 17B-1-415; or
3961          (c) to a boundary adjustment under Section 17B-1-417.
3962          (2) (a) If a petition that meets the requirements of Subsection (1)(a) is certified under
3963     Section 17B-1-405, the local district board:
3964          (i) shall provide notice of the proposed annexation as provided in Subsection (2)(b);
3965     and
3966          (ii) (A) may, in the board's discretion, hold a public hearing as provided in Section
3967     17B-1-409 after giving notice of the public hearing as provided in Subsection (2)(b); and
3968          (B) shall, after giving notice of the public hearing as provided in Subsection (2)(b),
3969     hold a public hearing as provided in Section 17B-1-409 if a written request to do so is
3970     submitted, within 20 days after the local district provides notice under Subsection (2)(a)(i), to

3971     the local district board by an owner of property that is located within or a registered voter
3972     residing within the area proposed to be annexed who did not sign the annexation petition.
3973          (b) The notice required under Subsections (2)(a)(i) and (ii) shall:
3974          (i) be given:
3975          (A) (I) for a notice under Subsection (2)(a)(i), within 30 days after petition
3976     certification; or
3977          (II) for a notice of a public hearing under Subsection (2)(a)(ii), at least 10 but not more
3978     than 30 days before the public hearing; and
3979          (B) by:
3980          (I) posting written notice at the local district's principal office and in one or more other
3981     locations within or proximate to the area proposed to be annexed as are reasonable under the
3982     circumstances, considering the number of parcels included in that area, the size of the area, the
3983     population of the area, and the contiguousness of the area; and
3984          (II) providing written notice:
3985          (Aa) to at least one newspaper of general circulation, if there is one, within the area
3986     proposed to be annexed or to a local media correspondent; and
3987          (Bb) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201;
3988     and
3989          (ii) contain a brief explanation of the proposed annexation and include the name of the
3990     local district, the service provided by the local district, a description or map of the area
3991     proposed to be annexed, a local district telephone number where additional information about
3992     the proposed annexation may be obtained, and, for a notice under Subsection (2)(a)(i), an
3993     explanation of the right of a property owner or registered voter to request a public hearing as
3994     provided in Subsection (2)(a)(ii)(B).
3995          (c) A notice under Subsection (2)(a)(i) may be combined with the notice that is
3996     required for a public hearing under Subsection (2)(a)(ii)(A).
3997          Section 66. Section 17B-1-417 is amended to read:

3998          17B-1-417. Boundary adjustment -- Notice and hearing -- Protest -- Resolution
3999     adjusting boundaries -- Filing of notice and plat with the lieutenant governor --
4000     Recording requirements -- Effective date.
4001          (1) As used in this section, "affected area" means the area located within the
4002     boundaries of one local district that will be removed from that local district and included within
4003     the boundaries of another local district because of a boundary adjustment under this section.
4004          (2) The boards of trustees of two or more local districts having a common boundary
4005     and providing the same service on the same wholesale or retail basis may adjust their common
4006     boundary as provided in this section.
4007          (3) (a) The board of trustees of each local district intending to adjust a boundary that is
4008     common with another local district shall:
4009          (i) adopt a resolution indicating the board's intent to adjust a common boundary;
4010          (ii) hold a public hearing on the proposed boundary adjustment no less than 60 days
4011     after the adoption of the resolution under Subsection (3)(a)(i); and
4012          (iii) (A) publish notice:
4013          (I) (Aa) once a week for two successive weeks in a newspaper of general circulation
4014     within the local district; or
4015          (Bb) if there is no newspaper of general circulation within the local district, post notice
4016     in at least four conspicuous places within the local district; and
4017          (II) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
4018     two weeks; or
4019          (B) mail a notice to each owner of property located within the affected area and to each
4020     registered voter residing within the affected area.
4021          (b) The notice required under Subsection (3)(a)(iii) shall:
4022          (i) state that the board of trustees of the local district has adopted a resolution
4023     indicating the board's intent to adjust a boundary that the local district has in common with
4024     another local district that provides the same service as the local district;

4025          (ii) describe the affected area;
4026          (iii) state the date, time, and location of the public hearing required under Subsection
4027     (3)(a)(ii);
4028          (iv) provide a local district telephone number where additional information about the
4029     proposed boundary adjustment may be obtained;
4030          (v) explain the financial and service impacts of the boundary adjustment on property
4031     owners or residents within the affected area; and
4032          (vi) state in conspicuous and plain terms that the board of trustees may approve the
4033     adjustment of the boundaries unless, at or before the public hearing under Subsection (3)(a)(ii),
4034     written protests to the adjustment are filed with the board by:
4035          (A) the owners of private real property that:
4036          (I) is located within the affected area;
4037          (II) covers at least 50% of the total private land area within the affected area; and
4038          (III) is equal in assessed value to at least 50% of the assessed value of all private real
4039     property within the affected area; or
4040          (B) registered voters residing within the affected area equal in number to at least 50%
4041     of the votes cast in the affected area for the office of governor at the last regular general
4042     election before the filing of the protests.
4043          (c) The first publication of the notice required under Subsection (3)(a)(iii)(A) shall be
4044     within 14 days after the board's adoption of a resolution under Subsection (3)(a)(i).
4045          (d) The boards of trustees of the local districts whose boundaries are being adjusted
4046     may jointly:
4047          (i) publish, post, or mail the notice required under Subsection (3)(a)(iii); and
4048          (ii) hold the public hearing required under Subsection (3)(a)(ii).
4049          (4) After the public hearing required under Subsection (3)(a)(ii), the board of trustees
4050     may adopt a resolution approving the adjustment of the common boundary unless, at or before
4051     the public hearing, written protests to the boundary adjustment have been filed with the board

4052     by:
4053          (a) the owners of private real property that:
4054          (i) is located within the affected area;
4055          (ii) covers at least 50% of the total private land area within the affected area; and
4056          (iii) is equal in assessed value to at least 50% of the assessed value of all private real
4057     property within the affected area; or
4058          (b) registered voters residing within the affected area equal in number to at least 50%
4059     of the votes cast in the affected area for the office of governor at the last regular general
4060     election before the filing of the protests.
4061          (5) A resolution adopted under Subsection (4) does not take effect until the board of
4062     each local district whose boundaries are being adjusted has adopted a resolution under
4063     Subsection (4).
4064          (6) The board of the local district whose boundaries are being adjusted to include the
4065     affected area shall:
4066          (a) within 30 days after the resolutions take effect under Subsection (5), file with the
4067     lieutenant governor:
4068          (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5,
4069     that meets the requirements of Subsection 67-1a-6.5(3); and
4070          (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
4071          (b) upon the lieutenant governor's issuance of a certificate of boundary adjustment
4072     under Section 67-1a-6.5:
4073          (i) if the affected area is located within the boundary of a single county, submit to the
4074     recorder of that county:
4075          (A) the original:
4076          (I) notice of an impending boundary action;
4077          (II) certificate of boundary adjustment; and
4078          (III) approved final local entity plat; and

4079          (B) a certified copy of each resolution adopted under Subsection (4); or
4080          (ii) if the affected area is located within the boundaries of more than a single county:
4081          (A) submit to the recorder of one of those counties:
4082          (I) the original of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III); and
4083          (II) a certified copy of each resolution adopted under Subsection (4); and
4084          (B) submit to the recorder of each other county:
4085          (I) a certified copy of the documents listed in Subsections (6)(b)(i)(A)(I), (II), and (III);
4086     and
4087          (II) a certified copy of each resolution adopted under Subsection (4).
4088          (7) (a) Upon the lieutenant governor's issuance of a certificate of boundary adjustment
4089     under Section 67-1a-6.5, the affected area is annexed to the local district whose boundaries are
4090     being adjusted to include the affected area, and the affected area is withdrawn from the local
4091     district whose boundaries are being adjusted to exclude the affected area.
4092          (b) (i) The effective date of a boundary adjustment under this section for purposes of
4093     assessing property within the affected area is governed by Section 59-2-305.5.
4094          (ii) Until the documents listed in Subsection (6)(b) are recorded in the office of the
4095     recorder of the county in which the property is located, a local district in whose boundary an
4096     affected area is included because of a boundary adjustment under this section may not:
4097          (A) levy or collect a property tax on property within the affected area;
4098          (B) levy or collect an assessment on property within the affected area; or
4099          (C) charge or collect a fee for service provided to property within the affected area.
4100          (iii) Subsection (7)(b)(ii)(C):
4101          (A) may not be construed to limit a local district's ability before a boundary adjustment
4102     to charge and collect a fee for service provided to property that is outside the local district's
4103     boundary; and
4104          (B) does not apply until 60 days after the effective date, under Subsection (7)(a), of the
4105     local district's boundary adjustment, with respect to a fee that the local district was charging for

4106     service provided to property within the area affected by the boundary adjustment immediately
4107     before the boundary adjustment.
4108          Section 67. Section 17B-1-505.5 is amended to read:
4109          17B-1-505.5. Feasibility study for a municipality's withdrawal from a local
4110     district providing fire protection, paramedic, and emergency services or law enforcement
4111     service.
4112          (1) As used in this section:
4113          (a) "Feasibility consultant" means a person with expertise in:
4114          (i) the processes and economics of local government; and
4115          (ii) the economics of providing fire protection, paramedic, and emergency services or
4116     law enforcement service.
4117          (b) "Feasibility study" means a study to determine the functional and financial
4118     feasibility of a municipality's withdrawal from a first responder local district.
4119          (c) "First responder district" means a local district, other than a municipal services
4120     district, that provides:
4121          (i) fire protection, paramedic, and emergency services; or
4122          (ii) law enforcement service.
4123          (d) "Withdrawing municipality" means a municipality whose legislative body has
4124     adopted a resolution under Subsection 17B-1-505(3)(a) to initiate the process of the
4125     municipality's withdrawal from a first responder district.
4126          (2) This section applies and a feasibility study shall be conducted, as provided in this
4127     section, if:
4128          (a) the legislative body of a municipality has adopted a resolution under Subsection
4129     17B-1-505(3)(a) to initiate the process of the municipality's withdrawal from a first responder
4130     district;
4131          (b) the municipality and first responder district have not agreed in writing to the
4132     withdrawal; and

4133          (c) a feasibility study is a condition under Subsection 17B-1-505(6)(a) for an election
4134     to be held approving the withdrawal.
4135          (3) (a) As provided in this Subsection (3), the withdrawing municipality and first
4136     responder district shall choose and engage a feasibility consultant to conduct a feasibility study.
4137          (b) The withdrawing municipality and first responder district shall jointly choose and
4138     engage a feasibility consultant according to applicable municipal or local district procurement
4139     procedures.
4140          (c) (i) If the withdrawing municipality and first responder district cannot agree on and
4141     have not engaged a feasibility consultant under Subsection (3)(b) within 45 days after the
4142     legislative body of the withdrawing municipality submits written notice to the first responder
4143     district under Subsection 17B-1-505(3)(c), the withdrawing municipality and first responder
4144     district shall, as provided in this Subsection (3)(c), choose a feasibility consultant from a list of
4145     at least eight feasibility consultants provided by the Utah Association of Certified Public
4146     Accountants.
4147          (ii) A list of feasibility consultants under Subsection (3)(c)(i) may not include a
4148     feasibility consultant that has had a contract to provide services to the withdrawing
4149     municipality or first responder district at any time during the two-year period immediately
4150     preceding the date the list is provided under Subsection (3)(c)(i).
4151          (iii) (A) Beginning with the first responder district, the first responder district and
4152     withdrawing municipality shall alternately eliminate one feasibility consultant each from the
4153     list of feasibility consultants until one feasibility consultant remains.
4154          (B) Within five days after receiving the list of consultants from the Utah Association of
4155     Certified Public Accountants, the first responder district shall make the first elimination of a
4156     feasibility consultant from the list and notify the withdrawing municipality in writing of the
4157     elimination.
4158          (C) After the first elimination of a feasibility consultant from the list, the withdrawing
4159     municipality and first responder district shall each, within three days after receiving the written

4160     notification of the preceding elimination, notify the other in writing of the elimination of a
4161     feasibility consultant from the list.
4162          (d) If a withdrawing municipality and first responder district do not engage a feasibility
4163     consultant under Subsection (3)(b), the withdrawing municipality and first responder district
4164     shall engage the feasibility consultant that has not been eliminated from the list at the
4165     completion of the process described in Subsection (3)(c).
4166          (4) A feasibility consultant that conducts a feasibility study under this section shall be
4167     independent of and unaffiliated with the withdrawing municipality and first responder district.
4168          (5) In conducting a feasibility study under this section, the feasibility consultant shall
4169     consider:
4170          (a) population and population density within the withdrawing municipality;
4171          (b) current and five-year projections of demographics and economic base in the
4172     withdrawing municipality, including household size and income, commercial and industrial
4173     development, and public facilities;
4174          (c) projected growth in the withdrawing municipality during the next five years;
4175          (d) subject to Subsection (6)(a), the present and five-year projections of the cost,
4176     including overhead, of providing the same service in the withdrawing municipality as is
4177     provided by the first responder district, including:
4178          (i) the estimated cost if the first responder district continues to provide service; and
4179          (ii) the estimated cost if the withdrawing municipality provides service;
4180          (e) subject to Subsection (6)(a), the present and five-year projections of the cost,
4181     including overhead, of the first responder district providing service with:
4182          (i) the municipality included in the first responder district's service area; and
4183          (ii) the withdrawing municipality excluded from the first responder district's service
4184     area;
4185          (f) a projection of any new taxes per household that may be levied within the
4186     withdrawing municipality within five years after the withdrawal;

4187          (g) the fiscal impact that the withdrawing municipality's withdrawal has on other
4188     municipalities and unincorporated areas served by the first responder district, including any rate
4189     increase that may become necessary to maintain required coverage ratios for the first responder
4190     district's debt;
4191          (h) the physical and other assets that will be required by the withdrawing municipality
4192     to provide, without interruption or diminution of service, the same service that is being
4193     provided by the first responder district;
4194          (i) the physical and other assets that will no longer be required by the first responder
4195     district to continue to provide the current level of service to the remainder of the first responder
4196     district, excluding the withdrawing municipality, and could be transferred to the withdrawing
4197     municipality;
4198          (j) subject to Subsection (6)(b), a fair and equitable allocation of the first responder
4199     district's assets between the first responder district and the withdrawing municipality, effective
4200     upon the withdrawal of the withdrawing municipality from the first responder district;
4201          (k) a fair and equitable allocation of the debts, liabilities, and obligations of the first
4202     responder district and any local building authority of the first responder district, between the
4203     withdrawing municipality and the remaining first responder district, taking into consideration:
4204          (i) any requirement to maintain the excludability of interest from the income of the
4205     holder of the debt, liability, or obligation for federal income tax purposes; and
4206          (ii) any first responder district assets that have been purchased with the proceeds of
4207     bonds issued by the first responder district that the first responder district will retain and any of
4208     those assets that will be transferred to the withdrawing municipality;
4209          (l) the number and classification of first responder district employees who will no
4210     longer be required to serve the remaining portions of the first responder district after the
4211     withdrawing municipality withdraws from the first responder district, including the dollar
4212     amount of the wages, salaries, and benefits attributable to the employees and the estimated cost
4213     associated with termination of the employees if the withdrawing municipality does not employ

4214     the employees;
4215          (m) maintaining as a base, for a period of three years after withdrawal, the existing
4216     schedule of pay and benefits for first responder district employees who are transferred to the
4217     employment of the withdrawing municipality; and
4218          (n) any other factor that the feasibility consultant considers relevant to the question of
4219     the withdrawing municipality's withdrawal from the first responder district.
4220          (6) (a) For purposes of Subsections (5)(d) and (e):
4221          (i) the feasibility consultant shall assume a level and quality of service to be provided
4222     in the future to the withdrawing municipality that fairly and reasonably approximates the level
4223     and quality of service that the first responder district provides to the withdrawing municipality
4224     at the time of the feasibility study;
4225          (ii) in determining the present value cost of a service that the first responder district
4226     provides, the feasibility consultant shall consider:
4227          (A) the cost to the withdrawing municipality of providing the service for the first five
4228     years after the withdrawal; and
4229          (B) the first responder district's present and five-year projected cost of providing the
4230     same service within the withdrawing municipality; and
4231          (iii) the feasibility consultant shall consider inflation and anticipated growth in
4232     calculating the cost of providing service.
4233          (b) The feasibility consultant may not consider an allocation of first responder district
4234     assets or a transfer of first responder district employees to the extent that the allocation or
4235     transfer would impair the first responder district's ability to continue to provide the current
4236     level of service to the remainder of the first responder district without the withdrawing
4237     municipality, unless the first responder district consents to the allocation or transfer.
4238          (7) A feasibility consultant may retain an architect, engineer, or other professional, as
4239     the feasibility consultant considers prudent and as provided in the agreement with the
4240     withdrawing municipality and first responder district, to assist the feasibility consultant to

4241     conduct a feasibility study.
4242          (8) The withdrawing municipality and first responder district shall require the
4243     feasibility consultant to:
4244          (a) complete the feasibility study within a time established by the withdrawing
4245     municipality and first responder district;
4246          (b) prepare and submit a written report communicating the results of the feasibility
4247     study, including a one-page summary of the results; and
4248          (c) attend all public hearings relating to the feasibility study under Subsection (14).
4249          (9) A written report of the results of a feasibility study under this section shall:
4250          (a) contain a recommendation concerning whether a withdrawing municipality's
4251     withdrawal from a first responder district is functionally and financially feasible for both the
4252     first responder district and the withdrawing municipality; and
4253          (b) include any conditions the feasibility consultant determines need to be satisfied in
4254     order to make the withdrawal functionally and financially feasible, including:
4255          (i) first responder district assets and liabilities to be allocated to the withdrawing
4256     municipality; and
4257          (ii) (A) first responder district employees to become employees of the withdrawing
4258     municipality; and
4259          (B) sick leave, vacation, and other accrued benefits and obligations relating to the first
4260     responder district employees that the withdrawing municipality needs to assume.
4261          (10) The withdrawing municipality and first responder district shall equally share the
4262     feasibility consultant's fees and costs, as specified in the agreement between the withdrawing
4263     municipality and first responder district and the feasibility consultant.
4264          (11) (a) Upon completion of the feasibility study and preparation of a written report,
4265     the feasibility consultant shall deliver a copy of the report to the withdrawing municipality and
4266     first responder district.
4267          (b) (i) A withdrawing municipality or first responder district that disagrees with any

4268     aspect of a feasibility study report may, within 20 business days after receiving a copy of the
4269     report under Subsection (11)(a), submit to the feasibility consultant a written objection
4270     detailing the disagreement.
4271          (ii) (A) A withdrawing municipality that submits a written objection under Subsection
4272     (11)(b)(i) shall simultaneously deliver a copy of the objection to the first responder district.
4273          (B) A first responder district that submits a written objection under Subsection
4274     (11)(b)(i) shall simultaneously deliver a copy of the objection to the withdrawing municipality.
4275          (iii) A withdrawing municipality or first responder district may, within 10 business
4276     days after receiving an objection under Subsection (11)(b)(ii), submit to the feasibility
4277     consultant a written response to the objection.
4278          (iv) (A) A withdrawing municipality that submits a response under Subsection
4279     (11)(b)(iii) shall simultaneously deliver a copy of the response to the first responder district.
4280          (B) A first responder district that submits a response under Subsection (11)(b)(iii) shall
4281     simultaneously deliver a copy of the response to the withdrawing municipality.
4282          (v) If an objection is filed under Subsection (11)(b)(i), the feasibility consultant shall,
4283     within 20 business days after the expiration of the deadline under Subsection (11)(b)(iii) for
4284     submitting a response to an objection:
4285          (A) modify the feasibility study report or explain in writing why the feasibility
4286     consultant is not modifying the feasibility study report; and
4287          (B) deliver the modified feasibility study report or written explanation to the
4288     withdrawing municipality and first responder local district.
4289          (12) Within seven days after the expiration of the deadline under Subsection (11)(b)(i)
4290     for submitting an objection or, if an objection is submitted, within seven days after receiving a
4291     modified feasibility study report or written explanation under Subsection (11)(b)(v), but at least
4292     30 days before a public hearing under Subsection (14), the withdrawing municipality shall:
4293          (a) make a copy of the report available to the public at the primary office of the
4294     withdrawing municipality; and

4295          (b) if the withdrawing municipality has a website, post a copy of the report on the
4296     municipality's website.
4297          (13) A feasibility study report or, if a feasibility study report is modified under
4298     Subsection (11), a modified feasibility study report may not be challenged unless the basis of
4299     the challenge is that the report results from collusion or fraud.
4300          (14) (a) Following the expiration of the deadline under Subsection (11)(b)(i) for
4301     submitting an objection, or, if an objection is submitted under Subsection (11)(b)(i), following
4302     the withdrawing municipality's receipt of the modified feasibility study report or written
4303     explanation under Subsection (11)(b)(v), the legislative body of the withdrawing municipality
4304     shall, at the legislative body's next regular meeting, schedule at least one public hearing to be
4305     held:
4306          (i) within the following 60 days; and
4307          (ii) for the purpose of allowing:
4308          (A) the feasibility consultant to present the results of the feasibility study; and
4309          (B) the public to become informed about the feasibility study results, to ask the
4310     feasibility consultant questions about the feasibility study, and to express the public's views
4311     about the proposed withdrawal.
4312          (b) At a public hearing under Subsection (14)(a), the legislative body of the
4313     withdrawing municipality shall:
4314          (i) provide a copy of the feasibility study for public review; and
4315          (ii) allow the public to:
4316          (A) ask the feasibility consultant questions about the feasibility study; and
4317          (B) express the public's views about the withdrawing municipality's proposed
4318     withdrawal from the first responder district.
4319          (15) (a) The clerk or recorder of the withdrawing municipality shall publish notice of a
4320     hearing under Subsection (14):
4321          (i) at least once a week for three successive weeks in a newspaper of general

4322     circulation within the withdrawing municipality, with the last publication occurring no less
4323     than three days before the first public hearing held under Subsection (14); and
4324          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
4325     three consecutive weeks immediately before the public hearing.
4326          (b) A notice under Subsection (15)(a) shall state:
4327          (i) the date, time, and location of the public hearing; and
4328          (ii) that a copy of the feasibility study report may be obtained, free of charge, at the
4329     office of the withdrawing municipality or on the withdrawing municipality's website.
4330          (16) Unless the withdrawing municipality and first responder district agree otherwise,
4331     conditions that a feasibility study report indicates are necessary to be met for a withdrawal to
4332     be functionally and financially feasible for the withdrawing municipality and first responder
4333     district are binding on the withdrawing municipality and first responder district if the
4334     withdrawal occurs.
4335          Section 68. Section 17B-1-609 is amended to read:
4336          17B-1-609. Hearing to consider adoption -- Notice.
4337          (1) At the meeting at which the tentative budget is adopted, the board of trustees shall:
4338          (a) establish the time and place of a public hearing to consider its adoption; and
4339          (b) except as provided in Subsection (6), order that notice of the hearing:
4340          (i) (A) be published at least seven days before the hearing in at least one issue of a
4341     newspaper of general circulation in the county or counties in which the district is located; or
4342          (B) if no newspaper is circulated generally in the county or counties, be posted in three
4343     public places within the district; and
4344          (ii) be published at least seven days before the hearing on the Utah Public Notice
4345     Website created in Section [63F-1-701] 63A-12-201.
4346          (2) If the budget hearing is held in conjunction with a tax increase hearing, the notice
4347     required in Subsection (1)(b):
4348          (a) may be combined with the notice required under Section 59-2-919; and

4349          (b) shall be published in accordance with the advertisement provisions of Section
4350     59-2-919.
4351          (3) If the budget hearing is to be held in conjunction with a fee increase hearing, the
4352     notice required in Subsection (1)(b):
4353          (a) may be combined with the notice required under Section 17B-1-643; and
4354          (b) shall be published or mailed in accordance with the notice provisions of Section
4355     17B-1-643.
4356          (4) Proof that notice was given in accordance with Subsection (1)(b), (2), (3), or (6) is
4357     prima facie evidence that notice was properly given.
4358          (5) If a notice required under Subsection (1)(b), (2), (3), or (6) is not challenged within
4359     30 days after the day on which the hearing is held, the notice is adequate and proper.
4360          (6) A board of trustees of a local district with an annual operating budget of less than
4361     $250,000 may satisfy the notice requirements in Subsection (1)(b) by:
4362          (a) mailing a written notice, postage prepaid, to each voter in the local district; and
4363          (b) posting the notice in three public places within the district.
4364          Section 69. Section 17B-1-643 is amended to read:
4365          17B-1-643. Imposing or increasing a fee for service provided by local district.
4366          (1) (a) Before imposing a new fee or increasing an existing fee for a service provided
4367     by a local district, each local district board of trustees shall first hold a public hearing at which:
4368          (i) the local district shall demonstrate its need to impose or increase the fee; and
4369          (ii) any interested person may speak for or against the proposal to impose a fee or to
4370     increase an existing fee.
4371          (b) Each public hearing under Subsection (1)(a) shall be held in the evening beginning
4372     no earlier than 6 p.m.
4373          (c) A public hearing required under this Subsection (1) may be combined with a public
4374     hearing on a tentative budget required under Section 17B-1-610.
4375          (d) Except to the extent that this section imposes more stringent notice requirements,

4376     the local district board shall comply with Title 52, Chapter 4, Open and Public Meetings Act,
4377     in holding the public hearing under Subsection (1)(a).
4378          (2) (a) Each local district board shall give notice of a hearing under Subsection (1) as
4379     provided in Subsections (2)(b) and (c) or Subsection (2)(d).
4380          (b) The notice required under Subsection (2)(a) shall be published:
4381          (i) on the Utah Public Notice Website established in Section [63F-1-701] 63A-12-201;
4382     and
4383          (ii) (A) in a newspaper or combination of newspapers of general circulation in the local
4384     district, if there is a newspaper or combination of newspapers of general circulation in the local
4385     district; or
4386          (B) if there is no newspaper or combination of newspapers of general circulation in the
4387     local district, the local district board shall post at least one notice per 1,000 population within
4388     the local district, at places within the local district that are most likely to provide actual notice
4389     to residents within the local district.
4390          (c) (i) The notice described in Subsection (2)(b)(ii)(A):
4391          (A) shall be no less than 1/4 page in size and the type used shall be no smaller than 18
4392     point, and surrounded by a 1/4-inch border;
4393          (B) may not be placed in that portion of the newspaper where legal notices and
4394     classified advertisements appear;
4395          (C) whenever possible, shall appear in a newspaper that is published at least one day
4396     per week;
4397          (D) shall be in a newspaper or combination of newspapers of general interest and
4398     readership in the local district, and not of limited subject matter; and
4399          (E) shall be run once each week for the two weeks preceding the hearing.
4400          (ii) The notice described in Subsection (2)(b) shall state that the local district board
4401     intends to impose or increase a fee for a service provided by the local district and will hold a
4402     public hearing on a certain day, time, and place fixed in the notice, which shall be not less than

4403     seven days after the day the first notice is published, for the purpose of hearing comments
4404     regarding the proposed imposition or increase of a fee and to explain the reasons for the
4405     proposed imposition or increase.
4406          (d) (i) In lieu of providing notice under Subsection (2)(b), the local district board of
4407     trustees may give the notice required under Subsection (2)(a) by mailing the notice to those
4408     within the district who:
4409          (A) will be charged the fee for a district service, if the fee is being imposed for the first
4410     time; or
4411          (B) are being charged a fee, if the fee is proposed to be increased.
4412          (ii) Each notice under Subsection (2)(d)(i) shall comply with Subsection (2)(c)(ii).
4413          (iii) A notice under Subsection (2)(d)(i) may accompany a district bill for an existing
4414     fee.
4415          (e) If the hearing required under this section is combined with the public hearing
4416     required under Section 17B-1-610, the notice required under this Subsection (2):
4417          (i) may be combined with the notice required under Section 17B-1-609; and
4418          (ii) shall be published, posted, or mailed in accordance with the notice provisions of
4419     this section.
4420          (f) Proof that notice was given as provided in Subsection (2)(b) or (d) is prima facie
4421     evidence that notice was properly given.
4422          (g) If no challenge is made to the notice given of a hearing required by Subsection (1)
4423     within 30 days after the date of the hearing, the notice is considered adequate and proper.
4424          (3) After holding a public hearing under Subsection (1), a local district board may:
4425          (a) impose the new fee or increase the existing fee as proposed;
4426          (b) adjust the amount of the proposed new fee or the increase of the existing fee and
4427     then impose the new fee or increase the existing fee as adjusted; or
4428          (c) decline to impose the new fee or increase the existing fee.
4429          (4) This section applies to each new fee imposed and each increase of an existing fee

4430     that occurs on or after July 1, 1998.
4431          (5) (a) This section does not apply to an impact fee.
4432          (b) The imposition or increase of an impact fee is governed by Title 11, Chapter 36a,
4433     Impact Fees Act.
4434          Section 70. Section 17B-1-1204 is amended to read:
4435          17B-1-1204. Notice of the hearing on a validation petition -- Amended or
4436     supplemented validation petition.
4437          (1) Upon the entry of an order under Section 17B-1-1203 setting a hearing on a
4438     validation petition, the local district that filed the petition shall:
4439          (a) publish notice:
4440          (i) at least once a week for three consecutive weeks in a newspaper of general
4441     circulation in the county in which the principal office of the district is located; and
4442          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
4443     three weeks immediately before the hearing; and
4444          (b) post notice in its principal office at least 21 days before the date set for the hearing.
4445          (2) Each notice under Subsection (1) shall:
4446          (a) state the date, time, and place of the hearing on the validation petition;
4447          (b) include a general description of the contents of the validation petition; and
4448          (c) if applicable, state the location where a complete copy of a contract that is the
4449     subject of the validation petition may be examined.
4450          (3) If a district amends or supplements a validation petition under Subsection
4451     17B-1-1202(3) after publishing and posting notice as required under Subsection (1), the district
4452     is not required to publish or post notice again unless required by the court.
4453          Section 71. Section 17B-1-1307 is amended to read:
4454          17B-1-1307. Notice of public hearing and of dissolution.
4455          (1) Before holding a public hearing required under Section 17B-1-1306, the
4456     administrative body shall:

4457          (a) (i) publish notice of the public hearing and of the proposed dissolution:
4458          (A) in a newspaper of general circulation within the local district proposed to be
4459     dissolved; and
4460          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
4461     30 days before the public hearing; and
4462          (ii) post notice of the public hearing and of the proposed dissolution in at least four
4463     conspicuous places within the local district proposed to be dissolved, no less than five and no
4464     more than 30 days before the public hearing; or
4465          (b) mail a notice to each owner of property located within the local district and to each
4466     registered voter residing within the local district.
4467          (2) Each notice required under Subsection (1) shall:
4468          (a) identify the local district proposed to be dissolved and the service it was created to
4469     provide; and
4470          (b) state the date, time, and location of the public hearing.
4471          Section 72. Section 17B-2a-705 is amended to read:
4472          17B-2a-705. Taxation -- Additional levy -- Election.
4473          (1) If a mosquito abatement district board of trustees determines that the funds required
4474     during the next ensuing fiscal year will exceed the maximum amount that the district is
4475     authorized to levy under Subsection 17B-1-103(2)(g), the board of trustees may call an election
4476     on a date specified in Section 20A-1-204 and submit to district voters the question of whether
4477     the district should be authorized to impose an additional tax to raise the necessary additional
4478     funds.
4479          (2) The board shall publish notice of the election:
4480          (a) (i) in a newspaper of general circulation within the district at least once, no later
4481     than four weeks before the day of the election;
4482          (ii) if there is no newspaper of general circulation in the district, at least four weeks
4483     before the day of the election, by posting one notice, and at least one additional notice per

4484     2,000 population of the district, in places within the district that are most likely to give notice
4485     to the voters in the district; or
4486          (iii) at least four weeks before the day of the election, by mailing notice to each
4487     registered voter in the district;
4488          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
4489     four weeks before the day of the election;
4490          (c) in accordance with Section 45-1-101, for four weeks before the day of the election;
4491     and
4492          (d) if the district has a website, on the district's website for four weeks before the day
4493     of the election.
4494          (3) No particular form of ballot is required, and no informalities in conducting the
4495     election may invalidate the election, if it is otherwise fairly conducted.
4496          (4) At the election each ballot shall contain the words, "Shall the district be authorized
4497     to impose an additional tax to raise the additional sum of $____?"
4498          (5) The board of trustees shall canvass the votes cast at the election, and, if a majority
4499     of the votes cast are in favor of the imposition of the tax, the district is authorized to impose an
4500     additional levy to raise the additional amount of money required.
4501          Section 73. Section 17B-2a-1110 is amended to read:
4502          17B-2a-1110. Withdrawal from a municipal services district upon incorporation
4503     -- Feasibility study required for city or town withdrawal -- Public hearing -- Revenues
4504     transferred to municipal services district.
4505          (1) (a) A municipality may withdraw from a municipal services district in accordance
4506     with Section 17B-1-502 or 17B-1-505, as applicable, and the requirements of this section.
4507          (b) If a municipality engages a feasibility consultant to conduct a feasibility study
4508     under Subsection (2)(a), the 180 days described in Subsection 17B-1-502(3)(a)(iii)(B) is tolled
4509     from the day that the municipality engages the feasibility consultant to the day on which the
4510     municipality holds the final public hearing under Subsection (5).

4511          (2) (a) If a municipality decides to withdraw from a municipal services district, the
4512     municipal legislative body shall, before adopting a resolution under Section 17B-1-502 or
4513     17B-1-505, as applicable, engage a feasibility consultant to conduct a feasibility study.
4514          (b) The feasibility consultant shall be chosen:
4515          (i) by the municipal legislative body; and
4516          (ii) in accordance with applicable municipal procurement procedures.
4517          (3) The municipal legislative body shall require the feasibility consultant to:
4518          (a) complete the feasibility study and submit the written results to the municipal
4519     legislative body before the council adopts a resolution under Section 17B-1-502;
4520          (b) submit with the full written results of the feasibility study a summary of the results
4521     no longer than one page in length; and
4522          (c) attend the public hearings under Subsection (5).
4523          (4) (a) The feasibility study shall consider:
4524          (i) population and population density within the withdrawing municipality;
4525          (ii) current and five-year projections of demographics and economic base in the
4526     withdrawing municipality, including household size and income, commercial and industrial
4527     development, and public facilities;
4528          (iii) projected growth in the withdrawing municipality during the next five years;
4529          (iv) subject to Subsection (4)(b), the present and five-year projections of the cost,
4530     including overhead, of municipal services in the withdrawing municipality;
4531          (v) assuming the same tax categories and tax rates as currently imposed by the
4532     municipal services district and all other current service providers, the present and five-year
4533     projected revenue for the withdrawing municipality;
4534          (vi) a projection of any new taxes per household that may be levied within the
4535     withdrawing municipality within five years of the withdrawal; and
4536          (vii) the fiscal impact on other municipalities serviced by the municipal services
4537     district.

4538          (b) (i) For purposes of Subsection (4)(a)(iv), the feasibility consultant shall assume a
4539     level and quality of municipal services to be provided to the withdrawing municipality in the
4540     future that fairly and reasonably approximates the level and quality of municipal services being
4541     provided to the withdrawing municipality at the time of the feasibility study.
4542          (ii) In determining the present cost of a municipal service, the feasibility consultant
4543     shall consider:
4544          (A) the amount it would cost the withdrawing municipality to provide municipal
4545     services for the first five years after withdrawing; and
4546          (B) the municipal services district's present and five-year projected cost of providing
4547     municipal services.
4548          (iii) The costs calculated under Subsection (4)(a)(iv) shall take into account inflation
4549     and anticipated growth.
4550          (5) If the results of the feasibility study meet the requirements of Subsection (4), the
4551     municipal legislative body shall, at its next regular meeting after receipt of the results of the
4552     feasibility study, schedule at least one public hearing to be held:
4553          (a) within the following 60 days; and
4554          (b) for the purpose of allowing:
4555          (i) the feasibility consultant to present the results of the study; and
4556          (ii) the public to become informed about the feasibility study results, including the
4557     requirement that if the municipality withdraws from the municipal services district, the
4558     municipality must comply with Subsection (9), and to ask questions about those results of the
4559     feasibility consultant.
4560          (6) At a public hearing described in Subsection (5), the municipal legislative body
4561     shall:
4562          (a) provide a copy of the feasibility study for public review; and
4563          (b) allow the public to express its views about the proposed withdrawal from the
4564     municipal services district.

4565          (7) (a) (i) The municipal clerk or recorder shall publish notice of the public hearings
4566     required under Subsection (5):
4567          (A) at least once a week for three successive weeks in a newspaper of general
4568     circulation within the municipality; and
4569          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
4570     three weeks.
4571          (ii) The municipal clerk or recorder shall publish the last publication of notice required
4572     under Subsection (7)(a)(i)(A) at least three days before the first public hearing required under
4573     Subsection (5).
4574          (b) (i) If, under Subsection (7)(a)(i)(A), there is no newspaper of general circulation
4575     within the proposed municipality, the municipal clerk or recorder shall post at least one notice
4576     of the hearings per 1,000 population in conspicuous places within the municipality that are
4577     most likely to give notice of the hearings to the residents.
4578          (ii) The municipal clerk or recorder shall post the notices under Subsection (7)(b)(i) at
4579     least seven days before the first hearing under Subsection (5).
4580          (c) The notice under Subsections (7)(a) and (b) shall include the feasibility study
4581     summary and shall indicate that a full copy of the study is available for inspection and copying
4582     at the office of the municipal clerk or recorder.
4583          (8) At a public meeting held after the public hearing required under Subsection (5), the
4584     municipal legislative body may adopt a resolution under Section 17B-1-502 or 17B-1-505, as
4585     applicable, if the municipality is in compliance with the other requirements of that section.
4586          (9) The municipality shall pay revenues in excess of 5% to the municipal services
4587     district for 10 years beginning on the next fiscal year immediately following the municipal
4588     legislative body adoption of a resolution or an ordinance to withdraw under Section 17B-1-502
4589     or 17B-1-505 if the results of the feasibility study show that the average annual amount of
4590     revenue under Subsection (4)(a)(v) exceed the average annual amount of cost under Subsection
4591     (4)(a)(iv) by more than 5%.

4592          Section 74. Section 17C-1-207 is amended to read:
4593          17C-1-207. Public entities may assist with project area development.
4594          (1) In order to assist and cooperate in the planning, undertaking, construction, or
4595     operation of project area development within an area in which the public entity is authorized to
4596     act, a public entity may:
4597          (a) (i) provide or cause to be furnished:
4598          (A) parks, playgrounds, or other recreational facilities;
4599          (B) community, educational, water, sewer, or drainage facilities; or
4600          (C) any other works which the public entity is otherwise empowered to undertake;
4601          (ii) provide, furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or
4602     replan streets, roads, roadways, alleys, sidewalks, or other places;
4603          (iii) in any part of the project area:
4604          (A) (I) plan or replan any property within the project area;
4605          (II) plat or replat any property within the project area;
4606          (III) vacate a plat;
4607          (IV) amend a plat; or
4608          (V) zone or rezone any property within the project area; and
4609          (B) make any legal exceptions from building regulations and ordinances;
4610          (iv) purchase or legally invest in any of the bonds of an agency and exercise all of the
4611     rights of any holder of the bonds;
4612          (v) notwithstanding any law to the contrary, enter into an agreement for a period of
4613     time with another public entity concerning action to be taken pursuant to any of the powers
4614     granted in this title;
4615          (vi) do anything necessary to aid or cooperate in the planning or implementation of the
4616     project area development;
4617          (vii) in connection with the project area plan, become obligated to the extent
4618     authorized and funds have been made available to make required improvements or construct

4619     required structures; and
4620          (viii) lend, grant, or contribute funds to an agency for project area development or
4621     proposed project area development, including assigning revenue or taxes in support of an
4622     agency bond or obligation; and
4623          (b) for less than fair market value or for no consideration, and subject to Subsection
4624     (3):
4625          (i) purchase or otherwise acquire property from an agency;
4626          (ii) lease property from an agency;
4627          (iii) sell, grant, convey, donate, or otherwise dispose of the public entity's property to
4628     an agency; or
4629          (iv) lease the public entity's property to an agency.
4630          (2) The following are not subject to Section 10-8-2, 17-50-312, or 17-50-303:
4631          (a) project area development assistance that a public entity provides under this section;
4632     or
4633          (b) a transfer of funds or property from an agency to a public entity.
4634          (3) A public entity may provide assistance described in Subsection (1)(b) no sooner
4635     than 15 days after the day on which the public entity posts notice of the assistance on:
4636          (a) the Utah Public Notice Website described in Section [63F-1-701] 63A-12-201; and
4637          (b) the public entity's public website.
4638          Section 75. Section 17C-1-601.5 is amended to read:
4639          17C-1-601.5. Annual agency budget -- Fiscal year -- Public hearing required --
4640     Auditor forms -- Requirement to file form.
4641          (1) Each agency shall prepare an annual budget of the agency's revenues and
4642     expenditures for each fiscal year.
4643          (2) The board shall adopt each agency budget:
4644          (a) for an agency created by a municipality, before June 30; or
4645          (b) for an agency created by a county, before December 15.

4646          (3) The agency's fiscal year shall be the same as the fiscal year of the community that
4647     created the agency.
4648          (4) (a) Before adopting an annual budget, each board shall hold a public hearing on the
4649     annual budget.
4650          (b) Each agency shall provide notice of the public hearing on the annual budget by:
4651          (i) (A) publishing at least one notice in a newspaper of general circulation within the
4652     agency boundaries, one week before the public hearing; or
4653          (B) if there is no newspaper of general circulation within the agency boundaries,
4654     posting a notice of the public hearing in at least three public places within the agency
4655     boundaries; and
4656          (ii) publishing notice on the Utah Public Notice Website created in Section
4657     [63F-1-701] 63A-12-201, at least one week before the public hearing.
4658          (c) Each agency shall make the annual budget available for public inspection at least
4659     three days before the date of the public hearing.
4660          (5) The state auditor shall prescribe the budget forms and the categories to be contained
4661     in each annual budget, including:
4662          (a) revenues and expenditures for the budget year;
4663          (b) legal fees; and
4664          (c) administrative costs, including rent, supplies, and other materials, and salaries of
4665     agency personnel.
4666          (6) (a) Within 90 days after adopting an annual budget, each board shall file a copy of
4667     the annual budget with the auditor of the county in which the agency is located, the State Tax
4668     Commission, the state auditor, the State Board of Education, and each taxing entity from which
4669     the agency receives project area funds.
4670          (b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
4671     state as a taxing entity is met if the agency files a copy with the State Tax Commission and the
4672     state auditor.

4673          Section 76. Section 17C-1-804 is amended to read:
4674          17C-1-804. Notice required for continued hearing.
4675          The board shall give notice of a hearing continued under Section 17C-1-803 by
4676     announcing at the hearing:
4677          (1) the date, time, and place the hearing will be resumed; or
4678          (2) (a) that the hearing is being continued to a later time; and
4679          (b) that the board will cause a notice of the continued hearing to be published on the
4680     Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, at least seven days
4681     before the day on which the hearing is scheduled to resume.
4682          Section 77. Section 17C-1-806 is amended to read:
4683          17C-1-806. Requirements for notice provided by agency.
4684          (1) The notice required by Section 17C-1-805 shall be given by:
4685          (a) (i) publishing one notice, excluding the map referred to in Subsection (3)(b), in a
4686     newspaper of general circulation within the county in which the project area or proposed
4687     project area is located, at least 14 days before the hearing;
4688          (ii) if there is no newspaper of general circulation, posting notice at least 14 days
4689     before the day of the hearing in at least three conspicuous places within the county in which the
4690     project area or proposed project area is located; or
4691          (iii) posting notice, excluding the map described in Subsection (3)(b), at least 14 days
4692     before the day on which the hearing is held on:
4693          (A) the Utah Public Notice Website described in Section [63F-1-701] 63A-12-201; and
4694          (B) the public website of a community located within the boundaries of the project
4695     area; and
4696          (b) at least 30 days before the hearing, mailing notice to:
4697          (i) each record owner of property located within the project area or proposed project
4698     area;
4699          (ii) the State Tax Commission;

4700          (iii) the assessor and auditor of the county in which the project area or proposed project
4701     area is located; and
4702          (iv) (A) if a project area is subject to a taxing entity committee, each member of the
4703     taxing entity committee and the State Board of Education; or
4704          (B) if a project area is not subject to a taxing entity committee, the legislative body or
4705     governing board of each taxing entity within the boundaries of the project area or proposed
4706     project area.
4707          (2) The mailing of the notice to record property owners required under Subsection
4708     (1)(b)(i) shall be conclusively considered to have been properly completed if:
4709          (a) the agency mails the notice to the property owners as shown in the records,
4710     including an electronic database, of the county recorder's office and at the addresses shown in
4711     those records; and
4712          (b) the county recorder's office records used by the agency in identifying owners to
4713     whom the notice is mailed and their addresses were obtained or accessed from the county
4714     recorder's office no earlier than 30 days before the mailing.
4715          (3) The agency shall include in each notice required under Section 17C-1-805:
4716          (a) (i) a boundary description of the project area or proposed project area; or
4717          (ii) (A) a mailing address or telephone number where a person may request that a copy
4718     of the boundary description be sent at no cost to the person by mail, email, or facsimile
4719     transmission; and
4720          (B) if the agency or community has an Internet website, an Internet address where a
4721     person may gain access to an electronic, printable copy of the boundary description and other
4722     related information;
4723          (b) a map of the boundaries of the project area or proposed project area;
4724          (c) an explanation of the purpose of the hearing; and
4725          (d) a statement of the date, time, and location of the hearing.
4726          (4) The agency shall include in each notice under Subsection (1)(b):

4727          (a) a statement that property tax revenue resulting from an increase in valuation of
4728     property within the project area or proposed project area will be paid to the agency for project
4729     area development rather than to the taxing entity to which the tax revenue would otherwise
4730     have been paid if:
4731          (i) (A) the taxing entity committee consents to the project area budget; or
4732          (B) one or more taxing entities agree to share property tax revenue under an interlocal
4733     agreement; and
4734          (ii) the project area plan provides for the agency to receive tax increment; and
4735          (b) an invitation to the recipient of the notice to submit to the agency comments
4736     concerning the subject matter of the hearing before the date of the hearing.
4737          (5) An agency may include in a notice under Subsection (1) any other information the
4738     agency considers necessary or advisable, including the public purpose achieved by the project
4739     area development and any future tax benefits expected to result from the project area
4740     development.
4741          Section 78. Section 17C-2-108 is amended to read:
4742          17C-2-108. Notice of urban renewal project area plan adoption -- Effective date
4743     of plan -- Contesting the formation of the plan.
4744          (1) (a) Upon the community legislative body's adoption of an urban renewal project
4745     area plan, or an amendment to a project area plan under Section 17C-2-110, the community
4746     legislative body shall provide notice as provided in Subsection (1)(b) by:
4747          (i) (A) publishing or causing to be published a notice in a newspaper of general
4748     circulation within the agency's boundaries; or
4749          (B) if there is no newspaper of general circulation within the agency's boundaries,
4750     causing a notice to be posted in at least three public places within the agency's boundaries; and
4751          (ii) posting a notice on the Utah Public Notice Website described in Section
4752     [63F-1-701] 63A-12-201.
4753          (b) Each notice under Subsection (1)(a) shall:

4754          (i) set forth the community legislative body's ordinance adopting the project area plan
4755     or a summary of the ordinance; and
4756          (ii) include a statement that the project area plan is available for general public
4757     inspection and the hours for inspection.
4758          (2) The project area plan shall become effective on the date of:
4759          (a) if notice was published under Subsection (1)(a), publication of the notice; or
4760          (b) if notice was posted under Subsection (1)(a), posting of the notice.
4761          (3) (a) For a period of 30 days after the effective date of the project area plan under
4762     Subsection (2), any person may contest the project area plan or the procedure used to adopt the
4763     project area plan if the plan or procedure fails to comply with applicable statutory
4764     requirements.
4765          (b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
4766     the project area plan or procedure used to adopt the project area plan for any cause.
4767          (4) Upon adoption of the project area plan by the community legislative body, the
4768     agency may carry out the project area plan.
4769          (5) Each agency shall make the project area plan available to the general public at the
4770     agency's office during normal business hours.
4771          Section 79. Section 17C-3-107 is amended to read:
4772          17C-3-107. Notice of economic development project area plan adoption --
4773     Effective date of plan -- Contesting the formation of the plan.
4774          (1) (a) Upon the community legislative body's adoption of an economic development
4775     project area plan, or an amendment to the project area plan under Section 17C-3-109 that
4776     requires notice, the legislative body shall provide notice as provided in Subsection (1)(b) by:
4777          (i) publishing or causing to be published a notice:
4778          (A) in a newspaper of general circulation within the agency's boundaries; or
4779          (B) if there is no newspaper of general circulation within the agency's boundaries,
4780     causing a notice to be posted in at least three public places within the agency's boundaries; and

4781          (ii) on the Utah Public Notice Website described in Section [63F-1-701] 63A-12-201.
4782          (b) Each notice under Subsection (1)(a) shall:
4783          (i) set forth the community legislative body's ordinance adopting the project area plan
4784     or a summary of the ordinance; and
4785          (ii) include a statement that the project area plan is available for public inspection and
4786     the hours for inspection.
4787          (2) The project area plan shall become effective on the date of:
4788          (a) if notice was published under Subsection (1)(a), publication of the notice; or
4789          (b) if notice was posted under Subsection (1)(a), posting of the notice.
4790          (3) (a) For a period of 30 days after the effective date of the project area plan under
4791     Subsection (2), any person may contest the project area plan or the procedure used to adopt the
4792     project area plan if the plan or procedure fails to comply with applicable statutory
4793     requirements.
4794          (b) After the 30-day period under Subsection (3)(a) expires, a person may not contest
4795     the project area plan or procedure used to adopt the project area plan for any cause.
4796          (4) Upon adoption of the economic development project area plan by the community
4797     legislative body, the agency may implement the project area plan.
4798          (5) Each agency shall make the economic development project area plan available to
4799     the general public at the agency's office during normal business hours.
4800          Section 80. Section 17C-4-109 is amended to read:
4801          17C-4-109. Expedited community development project area plan.
4802          (1) As used in this section, "tax increment incentive" means the portion of tax
4803     increment awarded to an industry or business.
4804          (2) A community development project area plan may be adopted or amended without
4805     complying with the notice and public hearing requirements of this part and Chapter 1, Part 8,
4806     Hearing and Notice Requirements, if the following requirements are met:
4807          (a) the agency determines by resolution adopted in an open and public meeting the

4808     need to create or amend a project area plan on an expedited basis, which resolution shall
4809     include a description of why expedited action is needed;
4810          (b) a public hearing on the amendment or adoption of the project area plan is held by
4811     the agency;
4812          (c) notice of the public hearing is published at least 14 days before the public hearing
4813     on:
4814          (i) the website of the community that created the agency; and
4815          (ii) the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201;
4816          (d) written consent to the amendment or adoption of the project area plan is given by
4817     all record property owners within the existing or proposed project area;
4818          (e) each taxing entity that will be affected by the tax increment incentive enters into or
4819     amends an interlocal agreement in accordance with Title 11, Chapter 13, Interlocal Cooperation
4820     Act, and Sections 17C-4-201, 17C-4-203, and 17C-4-204;
4821          (f) the primary market for the goods or services that will be created by the industry or
4822     business entity that will receive a tax increment incentive from the amendment or adoption of
4823     the project area plan is outside of the state;
4824          (g) the industry or business entity that will receive a tax increment incentive from the
4825     amendment or adoption of the project area plan is not primarily engaged in retail trade; and
4826          (h) a tax increment incentive is only provided to an industry or business entity:
4827          (i) on a postperformance basis as described in Subsection (3); and
4828          (ii) on an annual basis after the tax increment is received by the agency.
4829          (3) An industry or business entity may only receive a tax increment incentive under this
4830     section after entering into an agreement with the agency that sets postperformance targets that
4831     shall be met before the industry or business entity may receive the tax increment incentive,
4832     including annual targets for:
4833          (a) capital investment in the project area;
4834          (b) the increase in the taxable value of the project area;

4835          (c) the number of new jobs created in the project area;
4836          (d) the average wages of the jobs created, which shall be at least 110% of the
4837     prevailing wage of the county where the project area is located; and
4838          (e) the amount of local vendor opportunity generated by the industry or business entity.
4839          Section 81. Section 17C-4-202 is amended to read:
4840          17C-4-202. Resolution or interlocal agreement to provide project area funds for
4841     the community development project area plan -- Notice -- Effective date of resolution or
4842     interlocal agreement -- Time to contest resolution or interlocal agreement -- Availability
4843     of resolution or interlocal agreement.
4844          (1) The approval and adoption of each resolution or interlocal agreement under
4845     Subsection 17C-4-201(2) shall be in an open and public meeting.
4846          (2) (a) Upon the adoption of a resolution or interlocal agreement under Section
4847     17C-4-201, the agency shall provide notice as provided in Subsection (2)(b) by:
4848          (i) (A) publishing or causing to be published a notice in a newspaper of general
4849     circulation within the agency's boundaries; or
4850          (B) if there is no newspaper of general circulation within the agency's boundaries,
4851     causing a notice to be posted in at least three public places within the agency's boundaries; and
4852          (ii) publishing or causing to be published a notice on the Utah Public Notice Website
4853     created in Section [63F-1-701] 63A-12-201.
4854          (b) Each notice under Subsection (2)(a) shall:
4855          (i) set forth a summary of the resolution or interlocal agreement; and
4856          (ii) include a statement that the resolution or interlocal agreement is available for
4857     public inspection and the hours of inspection.
4858          (3) The resolution or interlocal agreement shall become effective on the date of:
4859          (a) if notice was published under Subsection (2)(a)(i)(A) or (2)(a)(ii), publication of the
4860     notice; or
4861          (b) if notice was posted under Subsection (2)(a)(i)(B), posting of the notice.

4862          (4) (a) For a period of 30 days after the effective date of the resolution or interlocal
4863     agreement under Subsection (3), any person may contest the resolution or interlocal agreement
4864     or the procedure used to adopt the resolution or interlocal agreement if the resolution or
4865     interlocal agreement or procedure fails to comply with applicable statutory requirements.
4866          (b) After the 30-day period under Subsection (4)(a) expires, a person may not contest:
4867          (i) the resolution or interlocal agreement;
4868          (ii) a distribution of tax increment to the agency under the resolution or interlocal
4869     agreement; or
4870          (iii) the agency's use of project area funds under the resolution or interlocal agreement.
4871          (5) Each agency that is to receive project area funds under a resolution or interlocal
4872     agreement under Section 17C-4-201 and each taxing entity that approves a resolution or enters
4873     into an interlocal agreement under Section 17C-4-201 shall make the resolution or interlocal
4874     agreement, as the case may be, available at the taxing entity's offices to the public for
4875     inspection and copying during normal business hours.
4876          Section 82. Section 17C-5-110 is amended to read:
4877          17C-5-110. Notice of community reinvestment project area plan adoption --
4878     Effective date of plan -- Contesting the formation of the plan.
4879          (1) (a) Upon a community legislative body's adoption of a community reinvestment
4880     project area plan in accordance with Section 17C-5-109, or an amendment to a community
4881     reinvestment project area plan in accordance with Section 17C-5-112, the community
4882     legislative body shall provide notice of the adoption or amendment in accordance with
4883     Subsection (1)(b) by:
4884          (i) (A) causing a notice to be published in a newspaper of general circulation within the
4885     community; or
4886          (B) if there is no newspaper of general circulation within the community, causing a
4887     notice to be posted in at least three public places within the community; and
4888          (ii) posting a notice on the Utah Public Notice Website described in Section

4889     [63F-1-701] 63A-12-201.
4890          (b) A notice described in Subsection (1)(a) shall include:
4891          (i) a copy of the community legislative body's ordinance, or a summary of the
4892     ordinance, that adopts the community reinvestment project area plan; and
4893          (ii) a statement that the community reinvestment project area plan is available for
4894     public inspection and the hours for inspection.
4895          (2) A community reinvestment project area plan is effective on the day on which notice
4896     of adoption is published or posted in accordance with Subsection (1)(a).
4897          (3) A community reinvestment project area is considered created the day on which the
4898     community reinvestment project area plan becomes effective as described in Subsection (2).
4899          (4) (a) Within 30 days after the day on which a community reinvestment project area
4900     plan is effective, a person may contest the community reinvestment project area plan or the
4901     procedure used to adopt the community reinvestment project area plan if the community
4902     reinvestment project area plan or the procedure fails to comply with a provision of this title.
4903          (b) After the 30-day period described in Subsection (4)(a) expires, a person may not
4904     contest the community reinvestment project area plan or the procedure used to adopt the
4905     community reinvestment project area plan.
4906          (5) Upon adoption of a community reinvestment project area plan by the community
4907     legislative body, the agency may implement the community reinvestment project area plan.
4908          (6) The agency shall make the community reinvestment project area plan available to
4909     the public at the agency's office during normal business hours.
4910          Section 83. Section 17C-5-113 is amended to read:
4911          17C-5-113. Expedited community reinvestment project area plan.
4912          (1) As used in this section:
4913          (a) "Qualified business entity" means a business entity that:
4914          (i) has a primary market for the qualified business entity's goods or services outside of
4915     the state; and

4916          (ii) is not primarily engaged in retail sales.
4917          (b) "Tax increment incentive" means the portion of an agency's tax increment that is
4918     paid to a qualified business entity for the purpose of implementing a community reinvestment
4919     project area plan.
4920          (2) An agency and a qualified business entity may, in accordance with Subsection (3),
4921     enter into an agreement that allows the qualified business entity to receive a tax increment
4922     incentive.
4923          (3) An agreement described in Subsection (2) shall set annual postperformance targets
4924     for:
4925          (a) capital investment within the community reinvestment project area;
4926          (b) the number of new jobs created within the community reinvestment project area;
4927          (c) the average wage of the jobs described in Subsection (3)(b) that is at least 110% of
4928     the prevailing wage of the county within which the community reinvestment project area is
4929     located; and
4930          (d) the amount of local vendor opportunity generated by the qualified business entity.
4931          (4) A qualified business entity may only receive a tax increment incentive:
4932          (a) if the qualified business entity complies with the agreement described in Subsection
4933     (3);
4934          (b) on a postperformance basis; and
4935          (c) on an annual basis after the agency receives tax increment from a taxing entity.
4936          (5) An agency may create or amend a community reinvestment project area plan for the
4937     purpose of providing a tax increment incentive without complying with the requirements
4938     described in Chapter 1, Part 8, Hearing and Notice Requirements, if:
4939          (a) the agency:
4940          (i) holds a public hearing to consider the need to create or amend a community
4941     reinvestment project area plan on an expedited basis;
4942          (ii) posts notice at least 14 days before the day on which the public hearing described

4943     in Subsection (5)(a)(i) is held on:
4944          (A) the community's website; and
4945          (B) the Utah Public Notice Website as described in Section [63F-1-701] 63A-12-201;
4946     and
4947          (iii) at the hearing described in Subsection (5)(a)(i), adopts a resolution to create or
4948     amend the community reinvestment project area plan on an expedited basis;
4949          (b) all record property owners within the existing or proposed community reinvestment
4950     project area plan give written consent; and
4951          (c) each taxing entity affected by the tax increment incentive consents and enters into
4952     an interlocal agreement with the agency authorizing the agency to pay a tax increment incentive
4953     to the qualified business entity.
4954          Section 84. Section 17C-5-205 is amended to read:
4955          17C-5-205. Interlocal agreement to provide project area funds for the community
4956     reinvestment project area subject to interlocal agreement -- Notice -- Effective date of
4957     interlocal agreement -- Time to contest interlocal agreement -- Availability of interlocal
4958     agreement.
4959          (1) An agency shall:
4960          (a) approve and adopt an interlocal agreement described in Section 17C-5-204 at an
4961     open and public meeting; and
4962          (b) provide a notice of the meeting titled "Diversion of Property Tax for a Community
4963     Reinvestment Project Area."
4964          (2) (a) Upon the execution of an interlocal agreement described in Section 17C-5-204,
4965     the agency shall provide notice of the execution by:
4966          (i) (A) publishing or causing to be published a notice in a newspaper of general
4967     circulation within the agency's boundaries; or
4968          (B) if there is no newspaper of general circulation within the agency's boundaries,
4969     causing the notice to be posted in at least three public places within the agency's boundaries;

4970     and
4971          (ii) publishing or causing the notice to be published on the Utah Public Notice Website
4972     created in Section [63F-1-701] 63A-12-201.
4973          (b) A notice described in Subsection (2)(a) shall include:
4974          (i) a summary of the interlocal agreement; and
4975          (ii) a statement that the interlocal agreement:
4976          (A) is available for public inspection and the hours for inspection; and
4977          (B) authorizes the agency to receive all or a portion of a taxing entity's tax increment or
4978     sales and use tax revenue.
4979          (3) An interlocal agreement described in Section 17C-5-204 is effective the day on
4980     which the notice described in Subsection (2) is published or posted in accordance with
4981     Subsection (2)(a).
4982          (4) (a) Within 30 days after the day on which the interlocal agreement is effective, a
4983     person may contest the interlocal agreement or the procedure used to adopt the interlocal
4984     agreement if the interlocal agreement or procedure fails to comply with a provision of this title.
4985          (b) After the 30-day period described in Subsection (4)(a) expires, a person may not
4986     contest:
4987          (i) the interlocal agreement;
4988          (ii) a distribution of tax increment to the agency under the interlocal agreement; or
4989          (iii) the agency's use of project area funds under the interlocal agreement.
4990          (5) A taxing entity that enters into an interlocal agreement under Section 17C-5-204
4991     shall make a copy of the interlocal agreement available to the public at the taxing entity's office
4992     for inspection and copying during normal business hours.
4993          Section 85. Section 17D-3-107 is amended to read:
4994          17D-3-107. Annual budget and financial reports requirements.
4995          (1) Upon agreement with the commission, the state auditor may modify:
4996          (a) for filing a budget, a requirement in Subsection 17B-1-614(2) or 17B-1-629(3)(d);

4997     or
4998          (b) for filing a financial report, a requirement in Section 17B-1-639.
4999          (2) Beginning on July 1, 2019, a conservation district is a participating local entity, as
5000     that term is defined in Section [63A-1-201, and subject to Title 63A, Chapter 1, Part 2, Utah
5001     Public Finance Website] 67-3-12, and is subject to Section 67-3-12.
5002          Section 86. Section 17D-3-305 is amended to read:
5003          17D-3-305. Setting the date of nomination of the board of supervisors -- Notice
5004     requirements.
5005          (1) The commission shall set the date of the nomination of members of the board of
5006     supervisors of a conservation district.
5007          (2) The commission shall publish notice of the nomination day described in Subsection
5008     (1):
5009          (a) (i) in a newspaper of general circulation within the conservation district at least
5010     once, no later than four weeks before the day of the nomination; or
5011          (ii) if there is no newspaper of general circulation in the conservation district, at least
5012     four weeks before the nomination day, by posting one notice, and at least one additional notice
5013     per 2,000 population of the conservation district, in places within the conservation district that
5014     are most likely to give notice to the residents in the conservation district;
5015          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
5016     four weeks before the day of the nomination;
5017          (c) in accordance with Section 45-1-101, for four weeks before the day of the
5018     nomination; and
5019          (d) if the conservation district has a website, on the conservation district's website for
5020     four weeks before the day of the nomination.
5021          (3) The commissioner shall appoint the board of members by no later than six weeks
5022     after the date set by the commission for the close of nominations.
5023          (4) The notice required under Subsection (2) shall state:

5024          (a) the nomination date; and
5025          (b) the number of open board member positions for the conservation district.
5026          Section 87. Section 19-2-109 is amended to read:
5027          19-2-109. Air quality standards -- Hearings on adoption -- Orders of director --
5028     Adoption of emission control requirements.
5029          (1) (a) The board, in adopting standards of quality for ambient air, shall conduct public
5030     hearings.
5031          (b) Notice of any public hearing for the consideration, adoption, or amendment of air
5032     quality standards shall specify the locations to which the proposed standards apply and the
5033     time, date, and place of the hearing.
5034          (c) The notice shall be:
5035          (i) (A) published at least twice in any newspaper of general circulation in the area
5036     affected; and
5037          (B) published on the Utah Public Notice Website created in Section [63F-1-701]
5038     63A-12-201, at least 20 days before the public hearing; and
5039          (ii) mailed at least 20 days before the public hearing to the chief executive of each
5040     political subdivision of the area affected and to other persons the director has reason to believe
5041     will be affected by the standards.
5042          (d) The adoption of air quality standards or any modification or changes to air quality
5043     standards shall be by order of the director following formal action of the board with respect to
5044     the standards.
5045          (e) The order shall be published:
5046          (i) in a newspaper of general circulation in the area affected; and
5047          (ii) as required in Section 45-1-101.
5048          (2) (a) The board may establish emission control requirements by rule that in its
5049     judgment may be necessary to prevent, abate, or control air pollution that may be statewide or
5050     may vary from area to area, taking into account varying local conditions.

5051          (b) In adopting these requirements, the board shall give notice and conduct public
5052     hearings in accordance with the requirements in Subsection (1).
5053          Section 88. Section 20A-1-512 is amended to read:
5054          20A-1-512. Midterm vacancies on local district boards.
5055          (1) (a) Whenever a vacancy occurs on any local district board for any reason, the
5056     following shall appoint a replacement to serve out the unexpired term in accordance with this
5057     section:
5058          (i) the local district board, if the person vacating the position was elected; or
5059          (ii) the appointing authority, as that term is defined in Section 17B-1-102, if the
5060     appointing authority appointed the person vacating the position.
5061          (b) Except as provided in Subsection (1)(c), before acting to fill the vacancy, the local
5062     district board or appointing authority shall:
5063          (i) give public notice of the vacancy at least two weeks before the local district board
5064     or appointing authority meets to fill the vacancy by:
5065          (A) if there is a newspaper of general circulation, as that term is defined in Section
5066     45-1-201, within the district, publishing the notice in the newspaper of general circulation;
5067          (B) posting the notice in three public places within the local district; and
5068          (C) posting on the Utah Public Notice Website created under Section [63F-1-701]
5069     63A-12-201; and
5070          (ii) identify, in the notice:
5071          (A) the date, time, and place of the meeting where the vacancy will be filled;
5072          (B) the individual to whom an individual who is interested in an appointment to fill the
5073     vacancy may submit the individual's name for consideration; and
5074          (C) any submission deadline.
5075          (c) An appointing authority is not subject to Subsection (1)(b) if:
5076          (i) the appointing authority appoints one of the appointing authority's own members;
5077     and

5078          (ii) that member meets all applicable statutory board member qualifications.
5079          (2) If the local district board fails to appoint an individual to complete an elected board
5080     member's term within 90 days, the legislative body of the county or municipality that created
5081     the local district shall fill the vacancy in accordance with the procedure for a local district
5082     described in Subsection (1)(b).
5083          Section 89. Section 20A-3a-604 is amended to read:
5084          20A-3a-604. Notice of time and place of early voting.
5085          (1) Except as provided in Section 20A-1-308 or Subsection 20A-3a-603(2), the
5086     election officer shall, at least 19 days before the date of the election, publish notice of the dates,
5087     times, and locations of early voting:
5088          (a) (i) in one issue of a newspaper of general circulation in the county;
5089          (ii) if there is no newspaper of general circulation in the county, in addition to posting
5090     the notice described in Subsection (1)(b), by posting one notice, and at least one additional
5091     notice per 2,000 population of the county, in places within the county that are most likely to
5092     give notice to the residents in the county; or
5093          (iii) by mailing notice to each registered voter in the county;
5094          (b) by posting the notice at each early voting polling place;
5095          (c) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
5096     19 days before the day of the election;
5097          (d) in accordance with Section 45-1-101, for 19 days before the date of the election;
5098     and
5099          (e) on the county's website for 19 days before the day of the election.
5100          (2) Instead of publishing all dates, times, and locations of early voting under
5101     Subsection (1), the election officer may publish a statement that specifies the following sources
5102     where a voter may view or obtain a copy of all dates, times, and locations of early voting:
5103          (a) the county's website;
5104          (b) the physical address of the county's offices; and

5105          (c) a mailing address and telephone number.
5106          (3) The election officer shall include in the notice described in Subsection (1):
5107          (a) the address of the Statewide Electronic Voter Information Website and, if available,
5108     the address of the election officer's website, with a statement indicating that the election officer
5109     will post on the website the location of each early voting polling place, including any changes
5110     to the location of an early voting polling place and the location of additional early voting
5111     polling places; and
5112          (b) a phone number that a voter may call to obtain information regarding the location
5113     of an early voting polling place.
5114          Section 90. Section 20A-4-104 is amended to read:
5115          20A-4-104. Counting ballots electronically.
5116          (1) (a) Before beginning to count ballots using automatic tabulating equipment, the
5117     election officer shall test the automatic tabulating equipment to ensure that it will accurately
5118     count the votes cast for all offices and all measures.
5119          (b) The election officer shall publish public notice of the time and place of the test:
5120          (i) (A) at least 48 hours before the test in one or more daily or weekly newspapers of
5121     general circulation in the county, municipality, or jurisdiction where the equipment is used;
5122          (B) if there is no daily or weekly newspaper of general circulation in the county,
5123     municipality, or jurisdiction where the equipment is used, at least 10 days before the day of the
5124     test, by posting one notice, and at least one additional notice per 2,000 population of the
5125     county, municipality, or jurisdiction, in places within the county, municipality, or jurisdiction
5126     that are most likely to give notice to the voters in the county, municipality, or jurisdiction; or
5127          (C) at least 10 days before the day of the test, by mailing notice to each registered voter
5128     in the county, municipality, or jurisdiction where the equipment is used;
5129          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
5130     four weeks before the day of the test;
5131          (iii) in accordance with Section 45-1-101, for at least 10 days before the day of the test;

5132     and
5133          (iv) if the county, municipality, or jurisdiction has a website, on the website for four
5134     weeks before the day of the test.
5135          (c) The election officer shall conduct the test by processing a preaudited group of
5136     ballots.
5137          (d) The election officer shall ensure that:
5138          (i) a predetermined number of valid votes for each candidate and measure are recorded
5139     on the ballots;
5140          (ii) for each office, one or more ballots have votes in excess of the number allowed by
5141     law in order to test the ability of the automatic tabulating equipment to reject those votes; and
5142          (iii) a different number of valid votes are assigned to each candidate for an office, and
5143     for and against each measure.
5144          (e) If any error is detected, the election officer shall determine the cause of the error
5145     and correct it.
5146          (f) The election officer shall ensure that:
5147          (i) the automatic tabulating equipment produces an errorless count before beginning
5148     the actual counting; and
5149          (ii) the automatic tabulating equipment passes the same test at the end of the count
5150     before the election returns are approved as official.
5151          (2) (a) The election officer or the election officer's designee shall supervise and direct
5152     all proceedings at the counting center.
5153          (b) (i) Proceedings at the counting center are public and may be observed by interested
5154     persons.
5155          (ii) Only those persons authorized to participate in the count may touch any ballot or
5156     return.
5157          (c) The election officer shall deputize and administer an oath or affirmation to all
5158     persons who are engaged in processing and counting the ballots that they will faithfully

5159     perform their assigned duties.
5160          (3) If any ballot is damaged or defective so that it cannot properly be counted by the
5161     automatic tabulating equipment, the election officer shall ensure that two counting judges
5162     jointly :
5163          (a) make a true replication of the ballot with an identifying serial number;
5164          (b) substitute the replicated ballot for the damaged or defective ballot;
5165          (c) label the replicated ballot "replicated"; and
5166          (d) record the replicated ballot's serial number on the damaged or defective ballot.
5167          (4) The election officer may:
5168          (a) conduct an unofficial count before conducting the official count in order to provide
5169     early unofficial returns to the public;
5170          (b) release unofficial returns from time to time after the polls close; and
5171          (c) report the progress of the count for each candidate during the actual counting of
5172     ballots.
5173          (5) The election officer shall review and evaluate the provisional ballot envelopes and
5174     prepare any valid provisional ballots for counting as provided in Section 20A-4-107.
5175          (6) (a) The election officer or the election officer's designee shall:
5176          (i) separate, count, and tabulate any ballots containing valid write-in votes; and
5177          (ii) complete the standard form provided by the clerk for recording valid write-in votes.
5178          (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
5179     more votes for an office than that voter is entitled to vote for that office, the poll workers shall
5180     count the valid write-in vote as being the obvious intent of the voter.
5181          (7) (a) The election officer shall certify the return printed by the automatic tabulating
5182     equipment, to which have been added write-in and absentee votes, as the official return of each
5183     voting precinct.
5184          (b) Upon completion of the count, the election officer shall make official returns open
5185     to the public.

5186          (8) If for any reason it becomes impracticable to count all or a part of the ballots with
5187     tabulating equipment, the election officer may direct that they be counted manually according
5188     to the procedures and requirements of this part.
5189          (9) After the count is completed, the election officer shall seal and retain the programs,
5190     test materials, and ballots as provided in Section 20A-4-202.
5191          Section 91. Section 20A-4-304 is amended to read:
5192          20A-4-304. Declaration of results -- Canvassers' report.
5193          (1) Each board of canvassers shall:
5194          (a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
5195     declare "elected" or "nominated" those persons who:
5196          (i) had the highest number of votes; and
5197          (ii) sought election or nomination to an office completely within the board's
5198     jurisdiction;
5199          (b) declare:
5200          (i) "approved" those ballot propositions that:
5201          (A) had more "yes" votes than "no" votes; and
5202          (B) were submitted only to the voters within the board's jurisdiction;
5203          (ii) "rejected" those ballot propositions that:
5204          (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
5205     votes; and
5206          (B) were submitted only to the voters within the board's jurisdiction;
5207          (c) certify the vote totals for persons and for and against ballot propositions that were
5208     submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
5209     the lieutenant governor; and
5210          (d) if applicable, certify the results of each local district election to the local district
5211     clerk.
5212          (2) As soon as the result is declared, the election officer shall prepare a report of the

5213     result, which shall contain:
5214          (a) the total number of votes cast in the board's jurisdiction;
5215          (b) the names of each candidate whose name appeared on the ballot;
5216          (c) the title of each ballot proposition that appeared on the ballot;
5217          (d) each office that appeared on the ballot;
5218          (e) from each voting precinct:
5219          (i) the number of votes for each candidate;
5220          (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
5221     Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
5222     potential ballot-counting phase and the name of the candidate excluded in each canvassing
5223     phase; and
5224          (iii) the number of votes for and against each ballot proposition;
5225          (f) the total number of votes given in the board's jurisdiction to each candidate, and for
5226     and against each ballot proposition;
5227          (g) the number of ballots that were rejected; and
5228          (h) a statement certifying that the information contained in the report is accurate.
5229          (3) The election officer and the board of canvassers shall:
5230          (a) review the report to ensure that it is correct; and
5231          (b) sign the report.
5232          (4) The election officer shall:
5233          (a) record or file the certified report in a book kept for that purpose;
5234          (b) prepare and transmit a certificate of nomination or election under the officer's seal
5235     to each nominated or elected candidate;
5236          (c) publish a copy of the certified report in accordance with Subsection (5); and
     
5237          (d) file a copy of the certified report with the lieutenant governor.
5238          (5) Except as provided in Subsection (6), the election officer shall, no later than seven

5239     days after the day on which the board of canvassers declares the election results, publish the
5240     certified report described in Subsection (2):
5241          (a) (i) at least once in a newspaper of general circulation within the jurisdiction;
5242          (ii) if there is no newspaper of general circulation within the jurisdiction, by posting
5243     one notice, and at least one additional notice per 2,000 population of the jurisdiction, in places
5244     within the jurisdiction that are most likely to give notice to the residents of the jurisdiction; or
5245          (iii) by mailing notice to each residence within the jurisdiction;
5246          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
5247     one week;
5248          (c) in accordance with Section 45-1-101, for one week; and
5249          (d) if the jurisdiction has a website, on the jurisdiction's website for one week.
5250          (6) Instead of publishing the entire certified report under Subsection (5), the election
5251     officer may publish a statement that:
5252          (a) includes the following: "The Board of Canvassers for [indicate name of
5253     jurisdiction] has prepared a report of the election results for the [indicate type and date of
5254     election]."; and
5255          (b) specifies the following sources where an individual may view or obtain a copy of
5256     the entire certified report:
5257          (i) if the jurisdiction has a website, the jurisdiction's website;
5258          (ii) the physical address for the jurisdiction; and
5259          (iii) a mailing address and telephone number.
5260          (7) When there has been a regular general or a statewide special election for statewide
5261     officers, for officers that appear on the ballot in more than one county, or for a statewide or two
5262     or more county ballot proposition, each board of canvassers shall:
5263          (a) prepare a separate report detailing the number of votes for each candidate and the
5264     number of votes for and against each ballot proposition; and
5265          (b) transmit the separate report by registered mail to the lieutenant governor.

5266          (8) In each county election, municipal election, school election, local district election,
5267     and local special election, the election officer shall transmit the reports to the lieutenant
5268     governor within 14 days after the date of the election.
5269          (9) In a regular primary election and in a presidential primary election, the board shall
5270     transmit to the lieutenant governor:
5271          (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
5272     governor not later than the second Tuesday after the election; and
5273          (b) a complete tabulation showing voting totals for all primary races, precinct by
5274     precinct, to be mailed to the lieutenant governor on or before the third Friday following the
5275     primary election.
5276          Section 92. Section 20A-5-101 is amended to read:
5277          20A-5-101. Notice of election.
5278          (1) On or before November 15 in the year before each regular general election year, the
5279     lieutenant governor shall prepare and transmit a written notice to each county clerk that:
5280          (a) designates the offices to be filled at the next year's regular general election;
5281          (b) identifies the dates for filing a declaration of candidacy, and for submitting and
5282     certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
5283     and 20A-9-408 for those offices; and
5284          (c) contains a description of any ballot propositions to be decided by the voters that
5285     have qualified for the ballot as of that date.
5286          (2) No later than seven business days after the day on which the lieutenant governor
5287     transmits the written notice described in Subsection (1), each county clerk shall publish notice,
5288     in accordance with Subsection (3):
5289          (a) (i) in a conspicuous place most likely to give notice of the election to the voters in
5290     each voting precinct within the county; and
5291          (ii) prepare an affidavit of the posting, showing a copy of the notice and the places
5292     where the notice was posted;

5293          (b) (i) in a newspaper of general circulation in the county;
5294          (ii) if there is no newspaper of general circulation within the county, in addition to the
5295     notice described in Subsection (2)(a), by posting one notice, and at least one additional notice
5296     per 2,000 population of the county, in places within the county that are most likely to give
5297     notice of the election to the voters in the county; or
5298          (iii) by mailing notice to each registered voter in the county;
5299          (c) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
5300     seven days before the day of the election;
5301          (d) in accordance with Section 45-1-101, for seven days before the day of the election;
5302     and
5303          (e) on the county's website for seven days before the day of the election.
5304          (3) The notice described in Subsection (2) shall:
5305          (a) designate the offices to be voted on in that election; and
5306          (b) identify the dates for filing a declaration of candidacy for those offices.
5307          (4) Except as provided in Subsection (6), before each election, the election officer shall
5308     give printed notice of the following information:
5309          (a) the date of election;
5310          (b) the hours during which the polls will be open;
5311          (c) the polling places for each voting precinct, early voting polling place, and election
5312     day voting center;
5313          (d) the address of the Statewide Electronic Voter Information Website and, if available,
5314     the address of the election officer's website, with a statement indicating that the election officer
5315     will post on the website any changes to the location of a polling place and the location of any
5316     additional polling place;
5317          (e) a phone number that a voter may call to obtain information regarding the location of
5318     a polling place; and
5319          (f) the qualifications for persons to vote in the election.

5320          (5) To provide the printed notice described in Subsection (4), the election officer shall
5321     publish the notice:
5322          (a) (i) in a newspaper of general circulation in the jurisdiction to which the election
5323     pertains at least two days before the day of the election;
5324          (ii) if there is no newspaper of general circulation in the jurisdiction to which the
5325     election pertains, at least two days before the day of the election, by posting one notice, and at
5326     least one additional notice per 2,000 population of the jurisdiction, in places within the
5327     jurisdiction that are most likely to give notice of the election to the voters in the jurisdiction; or
5328          (iii) by mailing the notice to each registered voter who resides in the jurisdiction to
5329     which the election pertains at least five days before the day of the election;
5330          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
5331     two days before the day of the election;
5332          (c) in accordance with Section 45-1-101, for two days before the day of the election;
5333     and
5334          (d) if the jurisdiction has a website, on the jurisdiction's website for two days before
5335     the day of the election.
5336          (6) Instead of including the information described in Subsection (4) in the notice, the
5337     election officer may give printed notice that:
5338          (a) is entitled "Notice of Election";
5339          (b) includes the following: "A [indicate election type] will be held in [indicate the
5340     jurisdiction] on [indicate date of election]. Information relating to the election, including
5341     polling places, polling place hours, and qualifications of voters may be obtained from the
5342     following sources:"; and
5343          (c) specifies the following sources where an individual may view or obtain the
5344     information described in Subsection (4):
5345          (i) if the jurisdiction has a website, the jurisdiction's website;
5346          (ii) the physical address of the jurisdiction offices; and

5347          (iii) a mailing address and telephone number.
5348          Section 93. Section 20A-5-403.5 is amended to read:
5349          20A-5-403.5. Ballot drop boxes.
5350          (1) An election officer:
5351          (a) may designate ballot drop boxes for the election officer's jurisdiction; and
5352          (b) shall clearly mark each ballot drop box as an official ballot drop box for the
5353     election officer's jurisdiction.
5354          (2) Except as provided in Section 20A-1-308 or Subsection (5), the election officer
5355     shall, at least 19 days before the date of the election, publish notice of the location of each
5356     ballot drop box designated under Subsection (1):
5357          (a) (i) in one issue of a newspaper of general circulation in the jurisdiction holding the
5358     election;
5359          (ii) if there is no newspaper of general circulation in the jurisdiction holding the
5360     election, by posting one notice, and at least one additional notice per 2,000 population of the
5361     jurisdiction holding the election, in places within the jurisdiction that are most likely to give
5362     notice to the residents in the jurisdiction; or
5363          (iii) by mailing notice to each registered voter in the jurisdiction holding the election;
5364          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
5365     19 days before the day of the election;
5366          (c) in accordance with Section 45-1-101, for 19 days before the date of the election;
5367     and
5368          (d) on the jurisdiction's website for 19 days before the day of the election.
5369          (3) Instead of publishing the location of ballot drop boxes under Subsection (2), the
5370     election officer may publish a statement that specifies the following sources where a voter may
5371     view or obtain a copy of all ballot drop box locations:
5372          (a) the jurisdiction's website;
5373          (b) the physical address of the jurisdiction's offices; and

5374          (c) a mailing address and telephone number.
5375          (4) The election officer shall include in the notice described in Subsection (2):
5376          (a) the address of the Statewide Electronic Voter Information Website and, if available,
5377     the address of the election officer's website, with a statement indicating that the election officer
5378     will post on the website the location of each ballot drop box, including any changes to the
5379     location of a ballot drop box and the location of additional ballot drop boxes; and
5380          (b) a phone number that a voter may call to obtain information regarding the location
5381     of a ballot drop box.
5382          (5) (a) Except as provided in Section 20A-1-308, the election officer may, after the
5383     deadline described in Subsection (2):
5384          (i) if necessary, change the location of a ballot drop box; or
5385          (ii) if the election officer determines that the number of ballot drop boxes is
5386     insufficient due to the number of registered voters who are voting, designate additional ballot
5387     drop boxes.
5388          (b) Except as provided in Section 20A-1-308, if an election officer changes the
5389     location of a ballot box or designates an additional ballot drop box location, the election officer
5390     shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or
5391     the additional ballot drop box location:
5392          (i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
5393          (ii) by posting the information on the website of the election officer, if available; and
5394          (iii) by posting notice:
5395          (A) for a change in the location of a ballot drop box, at the new location and, if
5396     possible, the old location; and
5397          (B) for an additional ballot drop box location, at the additional ballot drop box
5398     location.
5399          (6) An election officer may, at any time, authorize two or more poll workers to remove
5400     a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.

5401          Section 94. Section 20A-5-405 is amended to read:
5402          20A-5-405. Election officer to provide ballots.
5403          (1) An election officer shall:
5404          (a) provide ballots for every election of public officers in which the voters, or any of
5405     the voters, within the election officer's jurisdiction participate;
5406          (b) cause the name of every candidate whose nomination has been certified to or filed
5407     with the election officer in the manner provided by law to be included on each ballot;
5408          (c) cause any ballot proposition that has qualified for the ballot as provided by law to
5409     be included on each ballot;
5410          (d) ensure that the ballots are prepared and in the possession of the election officer
5411     before commencement of voting;
5412          (e) allow candidates and their agents and the sponsors of ballot propositions that have
5413     qualified for the official ballot to inspect the ballots;
5414          (f) cause sample ballots to be printed that are in the same form as official ballots and
5415     that contain the same information as official ballots but that are printed on different colored
5416     paper than official ballots or are identified by a watermark;
5417          (g) ensure that the sample ballots are printed and in the possession of the election
5418     officer at least seven days before commencement of voting;
5419          (h) make the sample ballots available for public inspection by:
5420          (i) posting a copy of the sample ballot in the election officer's office at least seven days
5421     before commencement of voting;
5422          (ii) mailing a copy of the sample ballot to:
5423          (A) each candidate listed on the ballot; and
5424          (B) the lieutenant governor;
5425          (iii) publishing a copy of the sample ballot:
5426          (A) except as provided in Subsection (2), at least seven days before the day of the
5427     election in a newspaper of general circulation in the jurisdiction holding the election;

5428          (B) if there is no newspaper of general circulation in the jurisdiction holding the
5429     election, at least seven days before the day of the election, by posting one copy of the sample
5430     ballot, and at least one additional copy of the sample ballot per 2,000 population of the
5431     jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
5432     the jurisdiction; or
5433          (C) at least 10 days before the day of the election, by mailing a copy of the sample
5434     ballot to each registered voter who resides in the jurisdiction holding the election;
5435          (iv) publishing a copy of the sample ballot on the Utah Public Notice Website created
5436     in Section [63F-1-701] 63A-12-201, for seven days before the day of the election;
5437          (v) in accordance with Section 45-1-101, publishing a copy of the sample ballot for at
5438     least seven days before the day of the election; and
5439          (vi) if the jurisdiction has a website, publishing a copy of the sample ballot for at least
5440     seven days before the day of the election;
5441          (i) deliver at least five copies of the sample ballot to poll workers for each polling
5442     place and direct them to post the sample ballots as required by Section 20A-5-102; and
5443          (j) print and deliver, at the expense of the jurisdiction conducting the election, enough
5444     ballots, sample ballots, and instructions to meet the voting demands of the qualified voters in
5445     each voting precinct.
5446          (2) Instead of publishing the entire sample ballot under Subsection (1)(h)(iii)(A), the
5447     election officer may publish a statement that:
5448          (a) is entitled, "sample ballot";
5449          (b) includes the following: "A sample ballot for [indicate name of jurisdiction] for the
5450     upcoming [indicate type and date of election] may be obtained from the following sources:";
5451     and
5452          (c) specifies the following sources where an individual may view or obtain a copy of
5453     the sample ballot:
5454          (i) if the jurisdiction has a website, the jurisdiction's website;

5455          (ii) the physical address of the jurisdiction's offices; and
5456          (iii) a mailing address and telephone number.
5457          (3) (a) Each election officer shall, without delay, correct any error discovered in any
5458     ballot, if the correction can be made without interfering with the timely distribution of the
5459     ballots.
5460          (b) (i) If the election officer discovers an error or omission in a manual ballot, and it is
5461     not possible to correct the error or omission, the election officer shall direct the poll workers to
5462     make the necessary corrections on the manual ballots before the ballots are distributed.
5463          (ii) If the election officer discovers an error or omission in an electronic ballot and it is
5464     not possible to correct the error or omission by revising the electronic ballot, the election
5465     officer shall direct the poll workers to post notice of each error or omission with instructions on
5466     how to correct each error or omission in a prominent position at each polling booth.
5467          (c) (i) If the election officer refuses or fails to correct an error or omission in a ballot, a
5468     candidate or a candidate's agent may file a verified petition with the district court asserting that:
5469          (A) an error or omission has occurred in:
5470          (I) the publication of the name or description of a candidate;
5471          (II) the preparation or display of an electronic ballot; or
5472          (III) in the printing of sample or official manual ballots; and
5473          (B) the election officer has failed to correct or provide for the correction of the error or
5474     omission.
5475          (ii) The district court shall issue an order requiring correction of any error in a ballot or
5476     an order to show cause why the error should not be corrected if it appears to the court that the
5477     error or omission has occurred and the election officer has failed to correct or provide for the
5478     correction of the error or ommission.
5479          (iii) A party aggrieved by the district court's decision may appeal the matter to the Utah
5480     Supreme Court within five days after the day on which the district court enters the decision.
5481          Section 95. Section 20A-7-204.1 is amended to read:

5482          20A-7-204.1. Public hearings to be held before initiative petitions are circulated --
5483     Changes to an initiative and initial fiscal impact estimate.
5484          (1) (a) After issuance of the initial fiscal impact estimate by the Office of the
5485     Legislative Fiscal Analyst and before circulating initiative petitions for signature statewide,
5486     sponsors of the initiative petition shall hold at least seven public hearings throughout Utah as
5487     follows:
5488          (i) one in the Bear River region -- Box Elder, Cache, or Rich County;
5489          (ii) one in the Southwest region -- Beaver, Garfield, Iron, Kane, or Washington
5490     County;
5491          (iii) one in the Mountain region -- Summit, Utah, or Wasatch County;
5492          (iv) one in the Central region -- Juab, Millard, Piute, Sanpete, Sevier, or Wayne
5493     County;
5494          (v) one in the Southeast region -- Carbon, Emery, Grand, or San Juan County;
5495          (vi) one in the Uintah Basin region -- Daggett, Duchesne, or Uintah County; and
5496          (vii) one in the Wasatch Front region -- Davis, Morgan, Salt Lake, Tooele, or Weber
5497     County.
5498          (b) Of the seven public hearings, the sponsors of the initiative shall hold at least two of
5499     the public hearings in a first or second class county, but not in the same county.
5500          (c) The sponsors may not hold a public hearing described in this section until the later
5501     of:
5502          (i) one day after the day on which a sponsor receives a copy of the initial fiscal impact
5503     estimate under Subsection 20A-7-202.5(3)(b); or
5504          (ii) if three or more sponsors file a petition challenging the accuracy of the initial fiscal
5505     impact statement under Section 20A-7-202.5, the day after the day on which the action is final.
5506          (2) The sponsors shall:
5507          (a) before 5 p.m. at least three calendar days before the date of the public hearing,
5508     provide written notice of the public hearing to:

5509          (i) the lieutenant governor for posting on the state's website; and
5510          (ii) each state senator, state representative, and county commission or county council
5511     member who is elected in whole or in part from the region where the public hearing will be
5512     held; and
5513          (b) publish written notice of the public hearing, including the time, date, and location
5514     of the public hearing, in each county in the region where the public hearing will be held:
5515          (i) (A) at least three calendar days before the day of the public hearing, in a newspaper
5516     of general circulation in the county;
5517          (B) if there is no newspaper of general circulation in the county, at least three calendar
5518     days before the day of the public hearing, by posting one copy of the notice, and at least one
5519     additional copy of the notice per 2,000 population of the county, in places within the county
5520     that are most likely to give notice to the residents of the county; or
5521          (C) at least seven days before the day of the public hearing, by mailing notice to each
5522     residence in the county;
5523          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
5524     at least three calendar days before the day of the public hearing;
5525          (iii) in accordance with Section 45-1-101, for at least three calendar days before the
5526     day of the public hearing; and
5527          (iv) on the county's website for at least three calendar days before the day of the public
5528     hearing.
5529          (3) If the initiative petition proposes a tax increase, the written notice described in
5530     Subsection (2) shall include the following statement, in bold, in the same font and point size as
5531     the largest font and point size appearing in the notice:
5532          "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
5533     the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
5534     percent increase in the current tax rate."
5535          (4) (a) During the public hearing, the sponsors shall either:

5536          (i) video tape or audio tape the public hearing and, when the hearing is complete,
5537     deposit the complete audio or video tape of the meeting with the lieutenant governor; or
5538          (ii) take comprehensive minutes of the public hearing, detailing the names and titles of
5539     each speaker and summarizing each speaker's comments.
5540          (b) The lieutenant governor shall make copies of the tapes or minutes available to the
5541     public.
5542          (c) For each public hearing, the sponsors shall:
5543          (i) during the entire time that the public hearing is held, post a copy of the initial fiscal
5544     impact statement in a conspicuous location at the entrance to the room where the sponsors hold
5545     the public hearing; and
5546          (ii) place at least 50 copies of the initial fiscal impact statement, for distribution to
5547     public hearing attendees, in a conspicuous location at the entrance to the room where the
5548     sponsors hold the public hearing.
5549          (5) (a) Before 5 p.m. within 14 days after the day on which the sponsors conduct the
5550     seventh public hearing described in Subsection (1)(a), and before circulating an initiative
5551     petition for signatures, the sponsors of the initiative petition may change the text of the
5552     proposed law if:
5553          (i) a change to the text is:
5554          (A) germane to the text of the proposed law filed with the lieutenant governor under
5555     Section 20A-7-202; and
5556          (B) consistent with the requirements of Subsection 20A-7-202(5); and
5557          (ii) each sponsor signs, attested to by a notary public, an application addendum to
5558     change the text of the proposed law.
5559          (b) (i) Within three working days after the day on which the lieutenant governor
5560     receives an application addendum to change the text of the proposed law in an initiative
5561     petition, the lieutenant governor shall submit a copy of the application addendum to the Office
5562     of the Legislative Fiscal Analyst.

5563          (ii) The Office of the Legislative Fiscal Analyst shall update the initial fiscal impact
5564     estimate by following the procedures and requirements of Section 20A-7-202.5 to reflect a
5565     change to the text of the proposed law.
5566          Section 96. Section 20A-7-401.5 is amended to read:
5567          20A-7-401.5. Proposition information pamphlet.
5568          (1) (a) (i) Within 15 days after the day on which an eligible voter files an application to
5569     circulate an initiative petition under Section 20A-7-502 or an application to circulate a
5570     referendum petition under Section 20A-7-602:
5571          (A) the sponsors of the proposed initiative or referendum may submit a written
5572     argument in favor of the proposed initiative or referendum to the election officer of the county
5573     or municipality to which the petition relates; and
5574          (B) the county or municipality to which the application relates may submit a written
5575     argument in favor of, or against, the proposed initiative or referendum to the county's or
5576     municipality's election officer.
5577          (ii) If a county or municipality submits more than one written argument under
5578     Subsection (1)(a)(i)(B), the election officer shall select one of the written arguments, giving
5579     preference to a written argument submitted by a member of a local legislative body if a
5580     majority of the local legislative body supports the written argument.
5581          (b) Within one business day after the day on which an election officer receives an
5582     argument under Subsection (1)(a)(i)(A), the election officer shall provide a copy of the
5583     argument to the county or municipality described in Subsection (1)(a)(i)(B) or (1)(a)(ii), as
5584     applicable.
5585          (c) Within one business day after the date on which an election officer receives an
5586     argument under Subsection (1)(a)(i)(B), the election officer shall provide a copy of the
5587     argument to the first three sponsors of the proposed initiative or referendum described in
5588     Subsection (1)(a)(i)(A).
5589          (d) The sponsors of the proposed initiative or referendum may submit a revised version

5590     of the written argument described in Subsection (1)(a)(i)(A) to the election officer of the
5591     county or municipality to which the petition relates within 20 days after the day on which the
5592     eligible voter files an application to circulate an initiative petition under Section 20A-7-502 or
5593     an application to circulate a referendum petition under Section 20A-7-602.
5594          (e) The author of a written argument described in Subsection (1)(a)(i)(B) submitted by
5595     a county or municipality may submit a revised version of the written argument to the county's
5596     or municipality's election officer within 20 days after the day on which the eligible voter files
5597     an application to circulate an initiative petition under Section 20A-7-502 or an application to
5598     circulate a referendum petition under Section 20A-7-602.
5599          (2) (a) A written argument described in Subsection (1) may not exceed 500 words.
5600          (b) Except as provided in Subsection (2)(c), a person may not modify a written
5601     argument described in Subsection (1)(d) or (e) after the written argument is submitted to the
5602     election officer.
5603          (c) The election officer and the person that submits the written argument described in
5604     Subsection (1)(d) or (e) may jointly agree to modify the written argument to:
5605          (i) correct factual, grammatical, or spelling errors; or
5606          (ii) reduce the number of words to come into compliance with Subsection (2)(a).
5607          (d) An election officer shall refuse to include a written argument in the proposition
5608     information pamphlet described in this section if the person who submits the argument:
5609          (i) fails to negotiate, in good faith, to modify the argument in accordance with
5610     Subsection (2)(c); or
5611          (ii) does not timely submit the written argument to the election officer.
5612          (e) An election officer shall make a good faith effort to negotiate a modification
5613     described in Subsection (2)(c) in an expedited manner.
5614          (3) An election officer who receives a written argument described in Subsection (1)
5615     shall prepare a proposition information pamphlet for publication that includes:
5616          (a) a copy of the application for the proposed initiative or referendum;

5617          (b) except as provided in Subsection (2)(d), immediately after the copy described in
5618     Subsection (3)(a), the argument prepared by the sponsors of the proposed initiative or
5619     referendum, if any;
5620          (c) except as provided in Subsection (2)(d), immediately after the argument described
5621     in Subsection (3)(b), the argument prepared by the county or municipality, if any; and
5622          (d) a copy of the initial fiscal impact statement and legal impact statement described in
5623     Section 20A-7-502.5 or 20A-7-602.5.
5624          (4) (a) A proposition information pamphlet is a draft for purposes of Title 63G,
5625     Chapter 2, Government Records Access and Management Act, until the earlier of when the
5626     election officer:
5627          (i) complies with Subsection (4)(b); or
5628          (ii) publishes the proposition information pamphlet under Subsection (5) or (6).
5629          (b) Within 21 days after the day on which the eligible voter files an application to
5630     circulate an initiative petition under Section 20A-7-502, or an application to circulate a
5631     referendum petition under Section 20A-7-602, the election officer shall provide a copy of the
5632     proposition information pamphlet to the sponsors of the initiative or referendum and each
5633     individual who submitted an argument included in the proposition information pamphlet.
5634          (5) An election officer for a municipality shall publish the proposition information
5635     pamphlet as follows:
5636          (a) within the later of 10 days after the day on which the municipality or a court
5637     determines that the proposed initiative or referendum is legally referable to voters, or, if the
5638     election officer modifies an argument under Subsection (2)(c), three days after the day on
5639     which the election officer and the person that submitted the argument agree on the
5640     modification:
5641          (i) by sending the proposition information pamphlet electronically to each individual in
5642     the municipality for whom the municipality has an email address, unless the individual has
5643     indicated that the municipality is prohibited from using the individual's email address for that

5644     purpose; and
5645          (ii) by posting the proposition information pamphlet on the Utah Public Notice
5646     Website, created in Section [63F-1-701] 63A-12-201, and the home page of the municipality's
5647     website, if the municipality has a website, until:
5648          (A) if the sponsors of the proposed initiative or referendum do not timely deliver any
5649     verified initiative packets under Section 20A-7-506 or any verified referendum packets under
5650     Section 20A-7-606, the day after the date of the deadline for delivery of the verified initiative
5651     packets or verified referendum packets;
5652          (B) the local clerk determines, under Section 20A-7-507 or 20A-7-607, that the
5653     number of signatures necessary to qualify the proposed initiative or referendum for placement
5654     on the ballot is insufficient and the determination is not timely appealed or is upheld after
5655     appeal; or
5656          (C) the day after the date of the election at which the proposed initiative or referendum
5657     appears on the ballot; and
5658          (b) if the municipality regularly mails a newsletter, utility bill, or other material to the
5659     municipality's residents, including an Internet address, where a resident may view the
5660     proposition information pamphlet, in the next mailing, for which the municipality has not
5661     begun preparation, that falls on or after the later of:
5662          (i) 10 days after the day on which the municipality or a court determines that the
5663     proposed initiative or referendum is legally referable to voters; or
5664          (ii) if the election officer modifies an argument under Subsection (2)(c), three days
5665     after the day on which the election officer and the person that submitted the argument agree on
5666     the modification.
5667          (6) An election officer for a county shall, within the later of 10 days after the day on
5668     which the county or a court determines that the proposed initiative or referendum is legally
5669     referable to voters, or, if the election officer modifies an argument under Subsection (2)(c),
5670     three days after the day on which the election officer and the person that submitted the

5671     argument agree on the modification, publish the proposition information pamphlet as follows:
5672          (a) by sending the proposition information pamphlet electronically to each individual
5673     in the county for whom the county has an email address obtained via voter registration; and
5674          (b) by posting the proposition information pamphlet on the Utah Public Notice
5675     Website, created in Section [63F-1-701] 63A-12-201, and the home page of the county's
5676     website, until:
5677          (i) if the sponsors of the proposed initiative or referendum do not timely deliver any
5678     verified initiative packets under Section 20A-7-506 or any verified referendum packets under
5679     Section 20A-7-606, the day after the date of the deadline for delivery of the verified initiative
5680     packets or verified referendum packets;
5681          (ii) the local clerk determines, under Section 20A-7-507 or 20A-7-607, that the number
5682     of signatures necessary to qualify the proposed initiative or referendum for placement on the
5683     ballot is insufficient and the determination is not timely appealed or is upheld after appeal; or
5684          (iii) the day after the date of the election at which the proposed initiative or referendum
5685     appears on the ballot.
5686          Section 97. Section 20A-7-402 is amended to read:
5687          20A-7-402. Local voter information pamphlet -- Contents -- Limitations --
5688     Preparation -- Statement on front cover.
5689          (1) The county or municipality that is subject to a ballot proposition shall prepare a
5690     local voter information pamphlet that complies with the requirements of this part.
5691          (2) (a) Within the time requirements described in Subsection (2)(c)(i), a municipality
5692     that is subject to a special local ballot proposition shall provide a notice that complies with the
5693     requirements of Subsection (2)(c)(ii) to the municipality's residents by:
5694          (i) if the municipality regularly mails a newsletter, utility bill, or other material to the
5695     municipality's residents, including the notice with a newsletter, utility bill, or other material;
5696          (ii) posting the notice, until after the deadline described in Subsection (2)(d) has
5697     passed, on:

5698          (A) the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201; and
5699          (B) the home page of the municipality's website, if the municipality has a website; and
5700          (iii) sending the notice electronically to each individual in the municipality for whom
5701     the municipality has an email address.
5702          (b) A county that is subject to a special local ballot proposition shall:
5703          (i) send an electronic notice that complies with the requirements of Subsection
5704     (2)(c)(ii) to each individual in the county for whom the county has an email address; or
5705          (ii) until after the deadline described in Subsection (2)(d) has passed, post a notice that
5706     complies with the requirements of Subsection (2)(c)(ii) on:
5707          (A) the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201; and
5708          (B) the home page of the county's website.
5709          (c) A municipality or county that mails, sends, or posts a notice under Subsection (2)(a)
5710     or (b) shall:
5711          (i) mail, send, or post the notice:
5712          (A) not less than 90 days before the date of the election at which a special local ballot
5713     proposition will be voted upon; or
5714          (B) if the requirements of Subsection (2)(c)(i)(A) cannot be met, as soon as practicable
5715     after the special local ballot proposition is approved to be voted upon in an election; and
5716          (ii) ensure that the notice contains:
5717          (A) the ballot title for the special local ballot proposition;
5718          (B) instructions on how to file a request under Subsection (2)(d); and
5719          (C) the deadline described in Subsection (2)(d).
5720          (d) To prepare a written argument for or against a special local ballot proposition, an
5721     eligible voter shall file a request with the election officer before 5 p.m. no later than 64 days
5722     before the day of the election at which the special local ballot proposition is to be voted on.
5723          (e) If more than one eligible voter requests the opportunity to prepare a written
5724     argument for or against a special local ballot proposition, the election officer shall make the

5725     final designation in accordance with the following order of priority:
5726          (i) sponsors have priority in preparing an argument regarding a special local ballot
5727     proposition; and
5728          (ii) members of the local legislative body have priority over others if a majority of the
5729     local legislative body supports the written argument.
5730          (f) The election officer shall grant a request described in Subsection (2)(d) or (e) no
5731     later than 60 days before the day of the election at which the ballot proposition is to be voted
5732     on.
5733          (g) (i) A sponsor of a special local ballot proposition may prepare a written argument in
5734     favor of the special local ballot proposition.
5735          (ii) Subject to Subsection (2)(e), an eligible voter opposed to the special local ballot
5736     proposition who submits a request under Subsection (2)(d) may prepare a written argument
5737     against the special local ballot proposition.
5738          (h) An eligible voter who submits a written argument under this section in relation to a
5739     special local ballot proposition shall:
5740          (i) ensure that the written argument does not exceed 500 words in length, not counting
5741     the information described in Subsection (2)(h)(ii) or (iv);
5742          (ii) list, at the end of the argument, at least one, but no more than five, names as
5743     sponsors;
5744          (iii) submit the written argument to the election officer before 5 p.m. no later than 55
5745     days before the election day on which the ballot proposition will be submitted to the voters;
5746          (iv) list in the argument, immediately after the eligible voter's name, the eligible voter's
5747     residential address; and
5748          (v) submit with the written argument the eligible voter's name, residential address,
5749     postal address, email address if available, and phone number.
5750          (i) An election officer shall refuse to accept and publish an argument submitted after
5751     the deadline described in Subsection (2)(h)(iii).

5752          (3) (a) An election officer who timely receives the written arguments in favor of and
5753     against a special local ballot proposition shall, within one business day after the day on which
5754     the election office receives both written arguments, send, via mail or email:
5755          (i) a copy of the written argument in favor of the special local ballot proposition to the
5756     eligible voter who submitted the written argument against the special local ballot proposition;
5757     and
5758          (ii) a copy of the written argument against the special local ballot proposition to the
5759     eligible voter who submitted the written argument in favor of the special local ballot
5760     proposition.
5761          (b) The eligible voter who submitted a timely written argument in favor of the special
5762     local ballot proposition:
5763          (i) may submit to the election officer a written rebuttal argument of the written
5764     argument against the special local ballot proposition;
5765          (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,
5766     not counting the information described in Subsection (2)(h)(ii) or (iv); and
5767          (iii) shall submit the written rebuttal argument before 5 p.m. no later than 45 days
5768     before the election day on which the special local ballot proposition will be submitted to the
5769     voters.
5770          (c) The eligible voter who submitted a timely written argument against the special local
5771     ballot proposition:
5772          (i) may submit to the election officer a written rebuttal argument of the written
5773     argument in favor of the special local ballot proposition;
5774          (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,
5775     not counting the information described in Subsection (2)(h)(ii) or (iv); and
5776          (iii) shall submit the written rebuttal argument before 5 p.m. no later than 45 days
5777     before the election day on which the special local ballot proposition will be submitted to the
5778     voters.

5779          (d) An election officer shall refuse to accept and publish a written rebuttal argument in
5780     relation to a special local ballot proposition that is submitted after the deadline described in
5781     Subsection (3)(b)(iii) or (3)(c)(iii).
5782          (4) (a) Except as provided in Subsection (4)(b), in relation to a special local ballot
5783     proposition:
5784          (i) an eligible voter may not modify a written argument or a written rebuttal argument
5785     after the eligible voter submits the written argument or written rebuttal argument to the election
5786     officer; and
5787          (ii) a person other than the eligible voter described in Subsection (4)(a)(i) may not
5788     modify a written argument or a written rebuttal argument.
5789          (b) The election officer, and the eligible voter who submits a written argument or
5790     written rebuttal argument in relation to a special local ballot proposition, may jointly agree to
5791     modify a written argument or written rebuttal argument in order to:
5792          (i) correct factual, grammatical, or spelling errors; and
5793          (ii) reduce the number of words to come into compliance with the requirements of this
5794     section.
5795          (c) An election officer shall refuse to accept and publish a written argument or written
5796     rebuttal argument in relation to a special local ballot proposition if the eligible voter who
5797     submits the written argument or written rebuttal argument fails to negotiate, in good faith, to
5798     modify the written argument or written rebuttal argument in accordance with Subsection (4)(b).
5799          (5) In relation to a special local ballot proposition, an election officer may designate
5800     another eligible voter to take the place of an eligible voter described in this section if the
5801     original eligible voter is, due to injury, illness, death, or another circumstance, unable to
5802     continue to fulfill the duties of an eligible voter described in this section.
5803          (6) Sponsors whose written argument in favor of a standard local ballot proposition is
5804     included in a proposition information pamphlet under Section 20A-7-401.5:
5805          (a) may, if a written argument against the standard local ballot proposition is included

5806     in the proposition information pamphlet, submit a written rebuttal argument to the election
5807     officer;
5808          (b) shall ensure that the written rebuttal argument does not exceed 250 words in length;
5809     and
5810          (c) shall submit the written rebuttal argument no later than 45 days before the election
5811     day on which the standard local ballot proposition will be submitted to the voters.
5812          (7) (a) A county or municipality that submitted a written argument against a standard
5813     local ballot proposition that is included in a proposition information pamphlet under Section
5814     20A-7-401.5:
5815          (i) may, if a written argument in favor of the standard local ballot proposition is
5816     included in the proposition information pamphlet, submit a written rebuttal argument to the
5817     election officer;
5818          (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length;
5819     and
5820          (iii) shall submit the written rebuttal argument no later than 45 days before the election
5821     day on which the ballot proposition will be submitted to the voters.
5822          (b) If a county or municipality submits more than one written rebuttal argument under
5823     Subsection (7)(a)(i), the election officer shall select one of the written rebuttal arguments,
5824     giving preference to a written rebuttal argument submitted by a member of a local legislative
5825     body.
5826          (8) (a) An election officer shall refuse to accept and publish a written rebuttal argument
5827     that is submitted after the deadline described in Subsection (6)(c) or (7)(a)(iii).
5828          (b) Before an election officer publishes a local voter information pamphlet under this
5829     section, a written rebuttal argument is a draft for purposes of Title 63G, Chapter 2, Government
5830     Records Access and Management Act.
5831          (c) An election officer who receives a written rebuttal argument described in this
5832     section may not, before publishing the local voter information pamphlet described in this

5833     section, disclose the written rebuttal argument, or any information contained in the written
5834     rebuttal argument, to any person who may in any way be involved in preparing an opposing
5835     rebuttal argument.
5836          (9) (a) Except as provided in Subsection (9)(b), a person may not modify a written
5837     rebuttal argument after the written rebuttal argument is submitted to the election officer.
5838          (b) The election officer, and the person who submits a written rebuttal argument, may
5839     jointly agree to modify a written rebuttal argument in order to:
5840          (i) correct factual, grammatical, or spelling errors; or
5841          (ii) reduce the number of words to come into compliance with the requirements of this
5842     section.
5843          (c) An election officer shall refuse to accept and publish a written rebuttal argument if
5844     the person who submits the written rebuttal argument:
5845          (i) fails to negotiate, in good faith, to modify the written rebuttal argument in
5846     accordance with Subsection (9)(b); or
5847          (ii) does not timely submit the written rebuttal argument to the election officer.
5848          (d) An election officer shall make a good faith effort to negotiate a modification
5849     described in Subsection (9)(b) in an expedited manner.
5850          (10) An election officer may designate another person to take the place of a person who
5851     submits a written rebuttal argument in relation to a standard local ballot proposition if the
5852     person is, due to injury, illness, death, or another circumstance, unable to continue to fulfill the
5853     person's duties.
5854          (11) (a) The local voter information pamphlet shall include a copy of the initial fiscal
5855     impact estimate and the legal impact statement prepared for each initiative under Section
5856     20A-7-502.5.
5857          (b) If the initiative proposes a tax increase, the local voter information pamphlet shall
5858     include the following statement in bold type:
5859          "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax

5860     percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
5861     increase in the current tax rate."
5862          (12) (a) In preparing the local voter information pamphlet, the election officer shall:
5863          (i) ensure that the written arguments are printed on the same sheet of paper upon which
5864     the ballot proposition is also printed;
5865          (ii) ensure that the following statement is printed on the front cover or the heading of
5866     the first page of the printed written arguments:
5867          "The arguments for or against a ballot proposition are the opinions of the authors.";
5868          (iii) pay for the printing and binding of the local voter information pamphlet; and
5869          (iv) not less than 15 days before, but not more than 45 days before, the election at
5870     which the ballot proposition will be voted on, distribute, by mail or carrier, to each registered
5871     voter entitled to vote on the ballot proposition:
5872          (A) a voter information pamphlet; or
5873          (B) the notice described in Subsection (12)(c).
5874          (b) (i) If the language of the ballot proposition exceeds 500 words in length, the
5875     election officer may summarize the ballot proposition in 500 words or less.
5876          (ii) The summary shall state where a complete copy of the ballot proposition is
5877     available for public review.
5878          (c) (i) The election officer may distribute a notice printed on a postage prepaid,
5879     preaddressed return form that a person may use to request delivery of a voter information
5880     pamphlet by mail.
5881          (ii) The notice described in Subsection (12)(c)(i) shall include:
5882          (A) the address of the Statewide Electronic Voter Information Website authorized by
5883     Section 20A-7-801; and
5884          (B) the phone number a voter may call to request delivery of a voter information
5885     pamphlet by mail or carrier.
5886          Section 98. Section 20A-9-203 is amended to read:

5887          20A-9-203. Declarations of candidacy -- Municipal general elections.
5888          (1) An individual may become a candidate for any municipal office if:
5889          (a) the individual is a registered voter; and
5890          (b) (i) the individual has resided within the municipality in which the individual seeks
5891     to hold elective office for the 12 consecutive months immediately before the date of the
5892     election; or
5893          (ii) the territory in which the individual resides was annexed into the municipality, the
5894     individual has resided within the annexed territory or the municipality the 12 consecutive
5895     months immediately before the date of the election.
5896          (2) (a) For purposes of determining whether an individual meets the residency
5897     requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
5898     before the election, the municipality is considered to have been incorporated 12 months before
5899     the date of the election.
5900          (b) In addition to the requirements of Subsection (1), each candidate for a municipal
5901     council position shall, if elected from a district, be a resident of the council district from which
5902     the candidate is elected.
5903          (c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
5904     individual, an individual convicted of a felony, or an individual convicted of treason or a crime
5905     against the elective franchise may not hold office in this state until the right to hold elective
5906     office is restored under Section 20A-2-101.3 or 20A-2-101.5.
5907          (3) (a) An individual seeking to become a candidate for a municipal office shall,
5908     regardless of the nomination method by which the individual is seeking to become a candidate:
5909          (i) except as provided in Subsection (3)(b) or Title 20A, Chapter 4, Part 6, Municipal
5910     Alternate Voting Methods Pilot Project, and subject to Subsection 20A-9-404(3)(e), file a
5911     declaration of candidacy, in person with the city recorder or town clerk, during the office hours
5912     described in Section 10-3-301 and not later than the close of those office hours, between June 1
5913     and June 7 of any odd-numbered year; and

5914          (ii) pay the filing fee, if one is required by municipal ordinance.
5915          (b) Subject to Subsection (5)(b), an individual may designate an agent to file a
5916     declaration of candidacy with the city recorder or town clerk if:
5917          (i) the individual is located outside of the state during the entire filing period;
5918          (ii) the designated agent appears in person before the city recorder or town clerk;
5919          (iii) the individual communicates with the city recorder or town clerk using an
5920     electronic device that allows the individual and city recorder or town clerk to see and hear each
5921     other; and
5922          (iv) the individual provides the city recorder or town clerk with an email address to
5923     which the city recorder or town clerk may send the individual the copies described in
5924     Subsection (4).
5925          (c) Any resident of a municipality may nominate a candidate for a municipal office by:
5926          (i) except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
5927     Methods Pilot Project, filing a nomination petition with the city recorder or town clerk during
5928     the office hours described in Section 10-3-301 and not later than the close of those office
5929     hours, between June 1 and June 7 of any odd-numbered year that includes signatures in support
5930     of the nomination petition of the lesser of at least:
5931          (A) 25 registered voters who reside in the municipality; or
5932          (B) 20% of the registered voters who reside in the municipality; and
5933          (ii) paying the filing fee, if one is required by municipal ordinance.
5934          (4) (a) Before the filing officer may accept any declaration of candidacy or nomination
5935     petition, the filing officer shall:
5936          (i) read to the prospective candidate or individual filing the petition the constitutional
5937     and statutory qualification requirements for the office that the candidate is seeking;
5938          (ii) require the candidate or individual filing the petition to state whether the candidate
5939     meets the requirements described in Subsection (4)(a)(i); and
5940          (iii) inform the candidate or the individual filing the petition that an individual who

5941     holds a municipal elected office may not, at the same time, hold a county elected office.
5942          (b) If the prospective candidate does not meet the qualification requirements for the
5943     office, the filing officer may not accept the declaration of candidacy or nomination petition.
5944          (c) If it appears that the prospective candidate meets the requirements of candidacy, the
5945     filing officer shall:
5946          (i) inform the candidate that the candidate's name will appear on the ballot as it is
5947     written on the declaration of candidacy;
5948          (ii) provide the candidate with a copy of the current campaign financial disclosure laws
5949     for the office the candidate is seeking and inform the candidate that failure to comply will
5950     result in disqualification as a candidate and removal of the candidate's name from the ballot;
5951          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
5952     Electronic Voter Information Website Program and inform the candidate of the submission
5953     deadline under Subsection 20A-7-801(4)(a);
5954          (iv) provide the candidate with a copy of the pledge of fair campaign practices
5955     described under Section 20A-9-206 and inform the candidate that:
5956          (A) signing the pledge is voluntary; and
5957          (B) signed pledges shall be filed with the filing officer; and
5958          (v) accept the declaration of candidacy or nomination petition.
5959          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
5960     officer shall:
5961          (i) accept the candidate's pledge; and
5962          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
5963     candidate's pledge to the chair of the county or state political party of which the candidate is a
5964     member.
5965          (5) (a) The declaration of candidacy shall be in substantially the following form:
5966          "I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
5967     County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a

5968     registered voter; and that I am a candidate for the office of ____ (stating the term). I will meet
5969     the legal qualifications required of candidates for this office. If filing via a designated agent, I
5970     attest that I will be out of the state of Utah during the entire candidate filing period. I will file
5971     all campaign financial disclosure reports as required by law and I understand that failure to do
5972     so will result in my disqualification as a candidate for this office and removal of my name from
5973     the ballot. I request that my name be printed upon the applicable official ballots. (Signed)
5974     _______________
5975          Subscribed and sworn to (or affirmed) before me by ____ on this
5976     __________(month\day\year).
5977          (Signed) _______________ (Clerk or other officer qualified to administer oath)".
5978          (b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
5979     not sign the form described in Subsection (5)(a).
5980          (c) (i) A nomination petition shall be in substantially the following form:
5981          "NOMINATION PETITION
5982          The undersigned residents of (name of municipality), being registered voters, nominate
5983     (name of nominee) for the office of (name of office) for the (length of term of office)."
5984          (ii) The remainder of the petition shall contain lines and columns for the signatures of
5985     individuals signing the petition and each individual's address and phone number.
5986          (6) If the declaration of candidacy or nomination petition fails to state whether the
5987     nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
5988     for the four-year term.
5989          (7) (a) The clerk shall verify with the county clerk that all candidates are registered
5990     voters.
5991          (b) Any candidate who is not registered to vote is disqualified and the clerk may not
5992     print the candidate's name on the ballot.
5993          (8) Immediately after expiration of the period for filing a declaration of candidacy, the
5994     clerk shall:

5995          (a) publish a list of the names of the candidates as they will appear on the ballot:
5996          (i) (A) in at least two successive publications of a newspaper of general circulation in
5997     the municipality;
5998          (B) if there is no newspaper of general circulation in the municipality, by posting one
5999     copy of the list, and at least one additional copy of the list per 2,000 population of the
6000     municipality, in places within the municipality that are most likely to give notice to the voters
6001     in the municipality; or
6002          (C) by mailing notice to each registered voter in the municipality;
6003          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
6004     seven days;
6005          (iii) in accordance with Section 45-1-101, for seven days; and
6006          (iv) if the municipality has a website, on the municipality's website for seven days; and
6007          (b) notify the lieutenant governor of the names of the candidates as they will appear on
6008     the ballot.
6009          (9) Except as provided in Subsection (10)(c), an individual may not amend a
6010     declaration of candidacy or nomination petition filed under this section after the candidate
6011     filing period ends.
6012          (10) (a) A declaration of candidacy or nomination petition that an individual files under
6013     this section is valid unless a person files a written objection with the clerk before 5 p.m. within
6014     five days after the last day for filing.
6015          (b) If a person files an objection, the clerk shall:
6016          (i) mail or personally deliver notice of the objection to the affected candidate
6017     immediately; and
6018          (ii) decide any objection within 48 hours after the objection is filed.
6019          (c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three
6020     days after the day on which the clerk sustains the objection, correct the problem for which the
6021     objection is sustained by amending the candidate's declaration of candidacy or nomination

6022     petition, or by filing a new declaration of candidacy.
6023          (d) (i) The clerk's decision upon objections to form is final.
6024          (ii) The clerk's decision upon substantive matters is reviewable by a district court if
6025     prompt application is made to the district court.
6026          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
6027     of its discretion, agrees to review the lower court decision.
6028          (11) A candidate who qualifies for the ballot under this section may withdraw as a
6029     candidate by filing a written affidavit with the municipal clerk.
6030          Section 99. Section 26-61a-303 is amended to read:
6031          26-61a-303. Renewal.
6032          (1) The department shall renew a license under this part every year if, at the time of
6033     renewal:
6034          (a) the licensee meets the requirements of Section 26-61a-301;
6035          (b) the licensee pays the department a license renewal fee in an amount that, subject to
6036     Subsection 26-61a-109(5), the department sets in accordance with Section 63J-1-504; and
6037          (c) if the medical cannabis pharmacy changes the operating plan described in Section
6038     26-61a-304 that the department approved under Subsection 26-61a-301(2)(b)(iv), the
6039     department approves the new operating plan.
6040          (2) (a) If a licensed medical cannabis pharmacy abandons the medical cannabis
6041     pharmacy's license, the department shall publish notice of an available license:
6042          (i) in a newspaper of general circulation for the geographic area in which the medical
6043     cannabis pharmacy license is available; or
6044          (ii) on the Utah Public Notice Website established in Section [63F-1-701] 63A-12-201.
6045          (b) The department may establish criteria, in collaboration with the Division of
6046     Occupational and Professional Licensing and the Board of Pharmacy and in accordance with
6047     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to identify the medical cannabis
6048     pharmacy actions that constitute abandonment of a medical cannabis pharmacy license.

6049          Section 100. Section 32B-8a-302 is amended to read:
6050          32B-8a-302. Application -- Approval process.
6051          (1) To obtain the transfer of an alcohol license from an alcohol licensee, the transferee
6052     shall file a transfer application with the department that includes:
6053          (a) an application in the form provided by the department;
6054          (b) a statement as to whether the consideration, if any, to be paid to the transferor
6055     includes payment for transfer of the alcohol license;
6056          (c) a statement executed under penalty of perjury that the consideration as set forth in
6057     the escrow agreement required by Section 32B-8a-401 is deposited with the escrow holder; and
6058          (d) (i) an application fee of $300; and
6059          (ii) a transfer fee determined in accordance with Section 32B-8a-303.
6060          (2) If the intended transfer of an alcohol license involves consideration, at least 10 days
6061     before the commission may approve the transfer, the department shall post a notice of the
6062     intended transfer on the Utah Public Notice Website created in Section [63F-1-701]
6063     63A-12-201 that states the following:
6064          (a) the name of the transferor;
6065          (b) the name and address of the business currently associated with the alcohol license;
6066          (c) instructions for filing a claim with the escrow holder; and
6067          (d) the projected date that the commission may consider the transfer application.
6068          (3) (a) (i) Before the commission may approve the transfer of an alcohol license, the
6069     department shall conduct an investigation and may hold public hearings to gather information
6070     and make recommendations to the commission as to whether the transfer of the alcohol license
6071     should be approved.
6072          (ii) The department shall forward the information and recommendations described in
6073     this Subsection (3)(a) to the commission to aid in the commission's determination.
6074          (b) Before approving a transfer, the commission shall:
6075          (i) determine that the transferee filed a complete application;

6076          (ii) determine that the transferee is eligible to hold the type of alcohol license that is to
6077     be transferred at the premises to which the alcohol license would be transferred;
6078          (iii) determine that the transferee is not delinquent in the payment of an amount
6079     described in Subsection 32B-8a-201(3);
6080          (iv) determine that the transferee is not disqualified under Section 32B-1-304;
6081          (v) consider the locality within which the proposed licensed premises is located,
6082     including:
6083          (A) the factors listed in Section 32B-5-203 for the issuance of a retail license;
6084          (B) the factors listed in Section 32B-7-404 for the issuance of an off-premise beer
6085     retailer state license;
6086          (C) the factors listed in Section 32B-11-206 for the issuance of a manufacturing
6087     license; and
6088          (D) the factors listed in Section 32B-10-204 for the issuance of a special use permit
6089     that is an industrial and manufacturing use permit;
6090          (vi) consider the transferee's ability to manage and operate the retail license to be
6091     transferred, including:
6092          (A) the factors listed in Section 32B-5-203 for the issuance of a retail license;
6093          (B) the factors listed in Section 32B-7-404 for the issuance of an off-premise beer
6094     retailer state license;
6095          (C) the factors listed in Section 32B-11-206 for the issuance of a manufacturing
6096     license; and
6097          (D) the factors listed in Section 32B-10-204 for the issuance of a special use permit
6098     that is an industrial and manufacturing use permit;
6099          (vii) consider the nature or type of alcohol licensee operation of the transferee,
6100     including:
6101          (A) the factors listed in Section 32B-5-203 for the issuance of a retail license;
6102          (B) the factors listed in Section 32B-7-404 for the issuance of an off-premise beer

6103     retailer state license;
6104          (C) the factors listed in Section 32B-11-206 for the issuance of a manufacturing
6105     license; and
6106          (D) the factors listed in Section 32B-10-204 for the issuance of a special use permit
6107     that is an industrial and manufacturing use permit;
6108          (viii) if the transfer involves consideration, determine that the transferee and transferor
6109     have complied with Part 4, Protection of Creditors; and
6110          (ix) consider any other factor the commission considers necessary.
6111          (4) Except as otherwise provided in Section 32B-1-202, the commission may not
6112     approve the transfer of an alcohol license to premises that do not meet the proximity
6113     requirements of Subsection 32B-1-202(2), Section 32B-7-201, or Section 32B-11-210, as
6114     applicable.
6115          Section 101. Section 45-1-101 is amended to read:
6116          45-1-101. Legal notice publication requirements.
6117          (1) As used in this section:
6118          (a) "Average advertisement rate" means:
6119          (i) in determining a rate for publication on the public legal notice website or in a
6120     newspaper that primarily distributes publications in a county of the third, fourth, fifth, or sixth
6121     class, a newspaper's gross advertising revenue for the preceding calendar quarter divided by the
6122     gross column-inch space used in the newspaper for advertising for the previous calendar
6123     quarter; or
6124          (ii) in determining a rate for publication in a newspaper that primarily distributes
6125     publications in a county of the first or second class, a newspaper's average rate for all
6126     qualifying advertising segments for the preceding calendar quarter for an advertisement:
6127          (A) published in the same section of the newspaper as the legal notice; and
6128          (B) of the same column-inch space as the legal notice.
6129          (b) "Column-inch space" means a unit of space that is one standard column wide by

6130     one inch high.
6131          (c) "Gross advertising revenue" means the total revenue obtained by a newspaper from
6132     all of its qualifying advertising segments.
6133          (d) (i) "Legal notice" means:
6134          (A) a communication required to be made public by a state statute or state agency rule;
6135     or
6136          (B) a notice required for judicial proceedings or by judicial decision.
6137          (ii) "Legal notice" does not include:
6138          (A) a public notice published by a public body in accordance with the provisions of
6139     Sections 52-4-202 and [63F-1-701] 63A-12-201; or
6140          (B) a notice of delinquency in the payment of property taxes described in Section
6141     59-2-1332.5.
6142          (e) "Local district" is as defined in Section 17B-1-102.
6143          (f) "Public legal notice website" means the website described in Subsection (2)(b) for
6144     the purpose of publishing a legal notice online.
6145          (g) (i) "Qualifying advertising segment" means, except as provided in Subsection
6146     (1)(g)(ii), a category of print advertising sold by a newspaper, including classified advertising,
6147     line advertising, and display advertising.
6148          (ii) "Qualifying advertising segment" does not include legal notice advertising.
6149          (h) "Special service district" is as defined in Section 17D-1-102.
6150          (2) Except as provided in Subsections (8) and (9), notwithstanding any other legal
6151     notice provision established by law, a person required by law to publish legal notice shall
6152     publish the notice:
6153          (a) (i) as required by the statute establishing the legal notice requirement; or
6154          (ii) by serving legal notice, by certified mail or in person, directly on all parties for
6155     whom the statute establishing the legal notice requirement requires legal notice, if:
6156          (A) the direct service of legal notice does not replace publication in a newspaper that

6157     primarily distributes publications in a county of the third, fourth, fifth, or sixth class;
6158          (B) the statute clearly identifies the parties;
6159          (C) the person can prove that the person has identified all parties for whom notice is
6160     required; and
6161          (D) the person keeps a record of the service for at least two years; and
6162          (b) on a public legal notice website established by the combined efforts of Utah's
6163     newspapers that collectively distribute newspapers to the majority of newspaper subscribers in
6164     the state.
6165          (3) The public legal notice website shall:
6166          (a) be available for viewing and searching by the general public, free of charge; and
6167          (b) accept legal notice posting from any newspaper in the state.
6168          (4) A person that publishes legal notice as required under Subsection (2) is not relieved
6169     from complying with an otherwise applicable requirement under Title 52, Chapter 4, Open and
6170     Public Meetings Act.
6171          (5) If legal notice is required by law and one option for complying with the
6172     requirement is publication in a newspaper, or if a local district or a special service district
6173     publishes legal notice in a newspaper, the newspaper:
6174          (a) may not charge more for publication than the newspaper's average advertisement
6175     rate; and
6176          (b) shall publish the legal notice on the public legal notice website at no additional
6177     cost.
6178          (6) If legal notice is not required by law, if legal notice is required by law and the
6179     person providing legal notice, in accordance with the requirements of law , chooses not to
6180     publish the legal notice in a newspaper, or if a local district or a special service district with an
6181     annual operating budget of less than $250,000 chooses to publish a legal notice on the public
6182     notice website without publishing the complete notice in the newspaper, a newspaper:
6183          (a) may not charge more than an amount equal to 15% of the newspaper's average

6184     advertisement rate for publishing five column lines in the newspaper to publish legal notice on
6185     the public legal notice website;
6186          (b) may not require that the legal notice be published in the newspaper; and
6187          (c) at the request of the person publishing on the legal notice website, shall publish in
6188     the newspaper up to five column lines, at no additional charge, that briefly describe the legal
6189     notice and provide the web address where the full public legal notice can be found.
6190          (7) If a newspaper offers to publish the type of legal notice described in Subsection (5),
6191     it may not refuse to publish the type of legal notice described in Subsection (6).
6192          (8) Notwithstanding the requirements of a statute that requires the publication of legal
6193     notice, if legal notice is required by law to be published by a local district or a special service
6194     district with an annual operating budget of $250,000 or more, the local district or special
6195     service district shall satisfy its legal notice publishing requirements by:
6196          (a) mailing a written notice, postage prepaid:
6197          (i) to each voter in the local district or special service district; and
6198          (ii) that contains the information required by the statute that requires the publication of
6199     legal notice; or
6200          (b) publishing the legal notice in a newspaper and on the legal public notice website as
6201     described in Subsection (5).
6202          (9) Notwithstanding the requirements of a statute that requires the publication of legal
6203     notice, if legal notice is required by law to be published by a local district or a special service
6204     district with an annual operating budget of less than $250,000, the local district or special
6205     service district shall satisfy its legal notice publishing requirements by:
6206          (a) mailing a written notice, postage prepaid:
6207          (i) to each voter in the local district or special service district; and
6208          (ii) that contains the information required by the statute that requires the publication of
6209     legal notice; or
6210          (b) publishing the legal notice in a newspaper and on the public legal notice website as

6211     described in Subsection (5); or
6212          (c) publishing the legal notice on the public legal notice website as described in
6213     Subsection (6).
6214          Section 102. Section 49-11-1102 is amended to read:
6215          49-11-1102. Public notice of administrative board meetings -- Posting on Utah
6216     Public Notice Website.
6217          (1) The office shall provide advance public notice of meetings and agendas on the Utah
6218     Public Notice Website established in Section [63F-1-701] 63A-12-201 for administrative board
6219     meetings.
6220          (2) The office may post other public materials, as directed by the board, on the Utah
6221     Public Notice Website.
6222          Section 103. Section 52-4-202 is amended to read:
6223          52-4-202. Public notice of meetings -- Emergency meetings.
6224          (1) (a) (i) A public body shall give not less than 24 hours' public notice of each
6225     meeting.
6226          (ii) A specified body shall give not less than 24 hours' public notice of each meeting
6227     that the specified body holds on the capitol hill complex.
6228          (b) The public notice required under Subsection (1)(a) shall include the meeting:
6229          (i) agenda;
6230          (ii) date;
6231          (iii) time; and
6232          (iv) place.
6233          (2) (a) In addition to the requirements under Subsection (1), a public body which holds
6234     regular meetings that are scheduled in advance over the course of a year shall give public
6235     notice at least once each year of its annual meeting schedule as provided in this section.
6236          (b) The public notice under Subsection (2)(a) shall specify the date, time, and place of
6237     the scheduled meetings.

6238          (3) (a) A public body or specified body satisfies a requirement for public notice by:
6239          (i) posting written notice:
6240          (A) except for an electronic meeting held without an anchor location under Subsection
6241     52-4-207(4), at the principal office of the public body or specified body, or if no principal
6242     office exists, at the building where the meeting is to be held; and
6243          (B) on the Utah Public Notice Website created under Section [63F-1-701] 63A-12-201;
6244     and
6245          (ii) providing notice to:
6246          (A) at least one newspaper of general circulation within the geographic jurisdiction of
6247     the public body; or
6248          (B) a local media correspondent.
6249          (b) A public body or specified body is in compliance with the provisions of Subsection
6250     (3)(a)(ii) by providing notice to a newspaper or local media correspondent under the provisions
6251     of Subsection [63F-1-701] 63A-12-201(4)(d).
6252          (c) A public body whose limited resources make compliance with Subsection
6253     (3)(a)(i)(B) difficult may request the Division of Archives and Records Service, created in
6254     Section 63A-12-101, to provide technical assistance to help the public body in its effort to
6255     comply.
6256          (4) A public body and a specified body are encouraged to develop and use additional
6257     electronic means to provide notice of their meetings under Subsection (3).
6258          (5) (a) The notice requirement of Subsection (1) may be disregarded if:
6259          (i) because of unforeseen circumstances it is necessary for a public body or specified
6260     body to hold an emergency meeting to consider matters of an emergency or urgent nature; and
6261          (ii) the public body or specified body gives the best notice practicable of:
6262          (A) the time and place of the emergency meeting; and
6263          (B) the topics to be considered at the emergency meeting.
6264          (b) An emergency meeting of a public body may not be held unless:

6265          (i) an attempt has been made to notify all the members of the public body; and
6266          (ii) a majority of the members of the public body approve the meeting.
6267          (6) (a) A public notice that is required to include an agenda under Subsection (1) shall
6268     provide reasonable specificity to notify the public as to the topics to be considered at the
6269     meeting. Each topic shall be listed under an agenda item on the meeting agenda.
6270          (b) Subject to the provisions of Subsection (6)(c), and at the discretion of the presiding
6271     member of the public body, a topic raised by the public may be discussed during an open
6272     meeting, even if the topic raised by the public was not included in the agenda or advance public
6273     notice for the meeting.
6274          (c) Except as provided in Subsection (5), relating to emergency meetings, a public
6275     body may not take final action on a topic in an open meeting unless the topic is:
6276          (i) listed under an agenda item as required by Subsection (6)(a); and
6277          (ii) included with the advance public notice required by this section.
6278          (7) Except as provided in this section, this chapter does not apply to a specified body.
6279          Section 104. Section 52-4-203 is amended to read:
6280          52-4-203. Written minutes of open meetings -- Public records -- Recording of
6281     meetings.
6282          (1) Except as provided under Subsection (7), written minutes and a recording shall be
6283     kept of all open meetings.
6284          (2) (a) Written minutes of an open meeting shall include:
6285          (i) the date, time, and place of the meeting;
6286          (ii) the names of members present and absent;
6287          (iii) the substance of all matters proposed, discussed, or decided by the public body
6288     which may include a summary of comments made by members of the public body;
6289          (iv) a record, by individual member, of each vote taken by the public body;
6290          (v) the name of each person who:
6291          (A) is not a member of the public body; and

6292          (B) after being recognized by the presiding member of the public body, provided
6293     testimony or comments to the public body;
6294          (vi) the substance, in brief, of the testimony or comments provided by the public under
6295     Subsection (2)(a)(v); and
6296          (vii) any other information that is a record of the proceedings of the meeting that any
6297     member requests be entered in the minutes or recording.
6298          (b) A public body may satisfy the requirement under Subsection (2)(a)(iii) or (vi) that
6299     minutes include the substance of matters proposed, discussed, or decided or the substance of
6300     testimony or comments by maintaining a publicly available online version of the minutes that
6301     provides a link to the meeting recording at the place in the recording where the matter is
6302     proposed, discussed, or decided or the testimony or comments provided.
6303          (3) A recording of an open meeting shall:
6304          (a) be a complete and unedited record of all open portions of the meeting from the
6305     commencement of the meeting through adjournment of the meeting; and
6306          (b) be properly labeled or identified with the date, time, and place of the meeting.
6307          (4) (a) As used in this Subsection (4):
6308          (i) "Approved minutes" means written minutes:
6309          (A) of an open meeting; and
6310          (B) that have been approved by the public body that held the open meeting.
6311          (ii) "Electronic information" means information presented or provided in an electronic
6312     format.
6313          (iii) "Pending minutes" means written minutes:
6314          (A) of an open meeting; and
6315          (B) that have been prepared in draft form and are subject to change before being
6316     approved by the public body that held the open meeting.
6317          (iv) "Specified local public body" means a legislative body of a county, city, town, or
6318     metro township.

6319          (v) "State public body" means a public body that is an administrative, advisory,
6320     executive, or legislative body of the state.
6321          (vi) "State website" means the Utah Public Notice Website created under Section
6322     [63F-1-701] 63A-12-201.
6323          (b) Pending minutes, approved minutes, and a recording of a public meeting are public
6324     records under Title 63G, Chapter 2, Government Records Access and Management Act.
6325          (c) Pending minutes shall contain a clear indication that the public body has not yet
6326     approved the minutes or that the minutes are subject to change until the public body approves
6327     them.
6328          (d) A state public body and a specified local public body shall require an individual
6329     who, at an open meeting of the public body, publicly presents or provides electronic
6330     information, relating to an item on the public body's meeting agenda, to provide the public
6331     body, at the time of the meeting, an electronic or hard copy of the electronic information for
6332     inclusion in the public record.
6333          (e) A state public body shall:
6334          (i) make pending minutes available to the public within 30 days after holding the open
6335     meeting that is the subject of the pending minutes;
6336          (ii) within three business days after approving written minutes of an open meeting:
6337          (A) post to the state website a copy of the approved minutes and any public materials
6338     distributed at the meeting;
6339          (B) make the approved minutes and public materials available to the public at the
6340     public body's primary office; and
6341          (C) if the public body provides online minutes under Subsection (2)(b), post approved
6342     minutes that comply with Subsection (2)(b) and the public materials on the public body's
6343     website; and
6344          (iii) within three business days after holding an open meeting, post on the state website
6345     an audio recording of the open meeting, or a link to the recording.

6346          (f) A specified local public body shall:
6347          (i) make pending minutes available to the public within 30 days after holding the open
6348     meeting that is the subject of the pending minutes;
6349          (ii) within three business days after approving written minutes of an open meeting, post
6350     and make available a copy of the approved minutes and any public materials distributed at the
6351     meeting, as provided in Subsection (4)(e)(ii); and
6352          (iii) within three business days after holding an open meeting, make an audio recording
6353     of the open meeting available to the public for listening.
6354          (g) A public body that is not a state public body or a specified local public body shall:
6355          (i) make pending minutes available to the public within a reasonable time after holding
6356     the open meeting that is the subject of the pending minutes;
6357          (ii) within three business days after approving written minutes, make the approved
6358     minutes available to the public; and
6359          (iii) within three business days after holding an open meeting, make an audio recording
6360     of the open meeting available to the public for listening.
6361          (h) A public body shall establish and implement procedures for the public body's
6362     approval of the written minutes of each meeting.
6363          (i) Approved minutes of an open meeting are the official record of the meeting.
6364          (5) All or any part of an open meeting may be independently recorded by any person in
6365     attendance if the recording does not interfere with the conduct of the meeting.
6366          (6) The written minutes or recording of an open meeting that are required to be
6367     retained permanently shall be maintained in or converted to a format that meets long-term
6368     records storage requirements.
6369          (7) Notwithstanding Subsection (1), a recording is not required to be kept of:
6370          (a) an open meeting that is a site visit or a traveling tour, if no vote or action is taken
6371     by the public body; or
6372          (b) an open meeting of a local district under Title 17B, Limited Purpose Local

6373     Government Entities - Local Districts, or special service district under Title 17D, Chapter 1,
6374     Special Service District Act, if the district's annual budgeted expenditures for all funds,
6375     excluding capital expenditures and debt service, are $50,000 or less.
6376          Section 105. Section 53-13-114 is amended to read:
6377          53-13-114. Off-duty peace officer working as a security officer.
6378          A peace officer may engage in off-duty employment as a security officer under Section
6379     58-63-304 only if:
6380          (1) the law enforcement agency employing the peace officer:
6381          (a) has a written policy regarding peace officer employees working while off-duty as
6382     security officers; and
6383          (b) the policy under Subsection (1)(a) is:
6384          (i) posted and publicly available on the appropriate city, county, or state website; or
6385          (ii) posted on the Utah Public Notice Website created in Section [63F-1-701]
6386     63A-12-201 if the law enforcement agency does not have access to a website under Subsection
6387     (1)(b)(i).
6388          (2) the agency's chief administrative officer, or that officer's designee, provides written
6389     authorization for an off-duty peace officer to work as a security officer; and
6390          (3) the business or entity employing the off-duty peace officer to work as a security
6391     officer complies with state and federal income reporting and withholding requirements
6392     regarding the off-duty officer's wages.
6393          Section 106. Section 53B-7-101.5 is amended to read:
6394          53B-7-101.5. Proposed tuition increases -- Notice -- Hearings.
6395          (1) If an institution within the State System of Higher Education listed in Section
6396     53B-1-102 considers increasing tuition rates for undergraduate students in the process of
6397     preparing or implementing its budget, it shall hold a meeting to receive public input and
6398     response on the issue.
6399          (2) The institution shall advertise the hearing required under Subsection (1) using the

6400     following procedure:
6401          (a) The institution shall advertise its intent to consider an increase in student tuition
6402     rates:
6403          (i) in the institution's student newspaper twice during a period of 10 days prior to the
6404     meeting; and
6405          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
6406     10 days immediately before the meeting.
6407          (b) The advertisement shall state that the institution will meet on a certain day, time,
6408     and place fixed in the advertisement, which shall not be less than seven days after the day the
6409     second advertisement is published, for the purpose of hearing comments regarding the
6410     proposed increase and to explain the reasons for the proposed increase.
6411          (3) The form and content of the notice shall be substantially as follows:
6412          "NOTICE OF PROPOSED TUITION INCREASE
6413          The (name of the higher education institution) is proposing to increase student tuition
6414     rates. This would be an increase of ______ %, which is an increase of $______ per semester
6415     for a full-time resident undergraduate student. All concerned students and citizens are invited
6416     to a public hearing on the proposed increase to be held at (meeting place) on (date) at (time)."
6417          (4) (a) The institution shall provide the following information to those in attendance at
6418     the meeting required under Subsection (1):
6419          (i) the current year's student enrollment for:
6420          (A) the State System of Higher Education, if a systemwide increase is being
6421     considered; or
6422          (B) the institution, if an increase is being considered for just a single institution;
6423          (ii) total tuition revenues for the current school year;
6424          (iii) projected student enrollment growth for the next school year and projected tuition
6425     revenue increases from that anticipated growth; and
6426          (iv) a detailed accounting of how and where the increased tuition revenues would be

6427     spent.
6428          (b) The enrollment and revenue data required under Subsection (4)(a) shall be broken
6429     down into majors or departments if the proposed tuition increases are department or major
6430     specific.
6431          (5) If the institution does not make a final decision on the proposed tuition increase at
6432     the meeting, it shall announce the date, time, and place of the meeting where that determination
6433     shall be made.
6434          Section 107. Section 53B-8a-103 is amended to read:
6435          53B-8a-103. Creation of Utah Educational Savings Plan -- Powers and duties of
6436     plan -- Certain exemptions.
6437          (1) There is created the Utah Educational Savings Plan, which may also be known and
6438     do business as:
6439          (a) the Utah Educational Savings Plan Trust; or
6440          (b) another related name.
6441          (2) The plan:
6442          (a) is a non-profit, self-supporting agency that administers a public trust;
6443          (b) shall administer the various programs, funds, trusts, plans, functions, duties, and
6444     obligations assigned to the plan:
6445          (i) consistent with sound fiduciary principles; and
6446          (ii) subject to review of the board; and
6447          (c) shall be known as and managed as a qualified tuition program in compliance with
6448     Section 529, Internal Revenue Code, that is sponsored by the state.
6449          (3) The plan may:
6450          (a) make and enter into contracts necessary for the administration of the plan payable
6451     from plan money, including:
6452          (i) contracts for goods and services; and
6453          (ii) contracts to engage personnel, with demonstrated ability or expertise, including

6454     consultants, actuaries, managers, counsel, and auditors for the purpose of rendering
6455     professional, managerial, and technical assistance and advice;
6456          (b) adopt a corporate seal and change and amend the corporate seal;
6457          (c) invest money within the program, administrative, and endowment funds in
6458     accordance with the provisions under Section 53B-8a-107;
6459          (d) enter into agreements with account owners, any institution of higher education, any
6460     federal or state agency, or other entity as required to implement this chapter;
6461          (e) solicit and accept any grants, gifts, legislative appropriations, and other money from
6462     the state, any unit of federal, state, or local government, or any other person, firm, partnership,
6463     or corporation for deposit to the administrative fund, endowment fund, or the program fund;
6464          (f) make provision for the payment of costs of administration and operation of the plan;
6465          (g) carry out studies and projections to advise account owners regarding:
6466          (i) present and estimated future higher education costs; and
6467          (ii) levels of financial participation in the plan required to enable account owners to
6468     achieve their educational funding objective;
6469          (h) participate in federal, state, local governmental, or private programs;
6470          (i) create public and private partnerships, including investment or management
6471     relationships with other 529 plans or entities;
6472          (j) promulgate, impose, and collect administrative fees and charges in connection with
6473     transactions of the plan, and provide for reasonable service charges;
6474          (k) procure insurance:
6475          (i) against any loss in connection with the property, assets, or activities of the plan; and
6476          (ii) indemnifying any member of the board from personal loss or accountability arising
6477     from liability resulting from a member's action or inaction as a member of the plan's board;
6478          (l) administer outreach efforts to:
6479          (i) market and publicize the plan and the plan's products to existing and prospective
6480     account owners; and

6481          (ii) encourage economically challenged populations to save for post-secondary
6482     education;
6483          (m) adopt, trademark, and copyright names and materials for use in marketing and
6484     publicizing the plan and the plan's products;
6485          (n) administer the funds of the plan;
6486          (o) sue and be sued in the plan's own name;
6487          (p) own institutional accounts in the plan to establish and administer:
6488          (i) scholarship programs; or
6489          (ii) other college savings incentive programs, including programs designed to enhance
6490     the savings of low income account owners investing in the plan; and
6491          (q) have and exercise any other powers or duties that are necessary or appropriate to
6492     carry out and effectuate the purposes of this chapter.
6493          (4) (a) Except as provided in Subsection (4)(b), the plan is exempt from the provisions
6494     of Title 63G, Chapter 2, Government Records Access and Management Act.
6495          (b) (i) The annual audited financial statements of the plan described in Section
6496     53B-8a-111 are public records.
6497          (ii) Financial information that is provided by the plan to the [Division of Finance and
6498     posted on the Utah Public Finance Website in accordance with Section 63A-1-202] state
6499     auditor and posted on the public finance website established by the state auditor in accordance
6500     with Section 67-3-12 is a public record.
6501          (5) The plan is subject to:
6502          (a) Title 52, Chapter 4, Open and Public Meetings Act; and
6503          (b) Title 63G, Chapter 6a, Utah Procurement Code.
6504          Section 108. Section 53D-1-103 is amended to read:
6505          53D-1-103. Application of other law.
6506          (1) The office, board, and nominating committee are subject to:
6507          (a) Title 52, Chapter 4, Open and Public Meetings Act; and

6508          (b) [Title 63A, Chapter 1, Part 2, Utah Public Finance Website] Section 67-3-12.
6509          (2) Subject to Subsection 63E-1-304(2), the office may participate in coverage under
6510     the Risk Management Fund, created in Section 63A-4-201.
6511          (3) The office and board are subject to:
6512          (a) Title 63G, Chapter 2, Government Records Access and Management Act, except
6513     for records relating to investment activities; and
6514          (b) Title 63G, Chapter 6a, Utah Procurement Code.
6515          (4) (a) In making rules under this chapter, the director is subject to and shall comply
6516     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, except as provided in
6517     Subsection (4)(b).
6518          (b) Subsections 63G-3-301(6) and (7) and Section 63G-3-601 do not apply to the
6519     director's making of rules under this chapter.
6520          (5) Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to a board
6521     member to the same extent as it applies to an employee, as defined in Section 63G-7-102.
6522          (6) (a) A board member, the director, and an office employee or agent are subject to:
6523          (i) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; and
6524          (ii) other requirements that the board establishes.
6525          (b) In addition to any restrictions or requirements imposed under Subsection (6)(a), a
6526     board member, the director, and an office employee or agent may not directly or indirectly
6527     acquire an interest in the trust fund or receive any direct benefit from any transaction dealing
6528     with trust fund money.
6529          (7) (a) Except as provided in Subsection (7)(b), the office shall comply with Title 67,
6530     Chapter 19, Utah State Personnel Management Act.
6531          (b) (i) Upon a recommendation from the director after the director's consultation with
6532     the executive director of the Department of Human Resource Management, the board may
6533     provide that specified positions in the office are exempt from Section 67-19-12 and the career
6534     service provisions of Title 67, Chapter 19, Utah State Personnel Management Act, as provided

6535     in Subsection 67-19-15(1), if the board determines that exemption is required for the office to
6536     fulfill efficiently its responsibilities under this chapter.
6537          (ii) The director position is exempt from Section 67-19-12 and the career service
6538     provisions of Title 67, Chapter 19, Utah State Personnel Management Act, as provided in
6539     Subsection 67-19-15(1).
6540          (iii) (A) After consultation with the executive director of the Department of Human
6541     Resource Management, the director shall set salaries for positions that are exempted under
6542     Subsection (7)(b)(i), within ranges that the board approves.
6543          (B) In approving salary ranges for positions that are exempted under Subsection
6544     (7)(b)(i), the board shall consider salaries for similar positions in private enterprise and other
6545     public employment.
6546          (8) The office is subject to legislative appropriation, to executive branch budgetary
6547     review and recommendation, and to legislative and executive branch review.
6548          Section 109. Section 53E-3-705 is amended to read:
6549          53E-3-705. School plant capital outlay report.
6550          (1) The state board shall prepare an annual school plant capital outlay report of all
6551     school districts, which includes information on the number and size of building projects
6552     completed and under construction.
6553          (2) A school district or charter school shall prepare and submit an annual school plant
6554     capital outlay report [in accordance with Section 63A-1-202] to the state auditor on or before a
6555     date designated by the state auditor.
6556          Section 110. Section 53E-4-202 is amended to read:
6557          53E-4-202. Core standards for Utah public schools.
6558          (1) (a) In establishing minimum standards related to curriculum and instruction
6559     requirements under Section 53E-3-501, the state board shall, in consultation with local school
6560     boards, school superintendents, teachers, employers, and parents implement core standards for
6561     Utah public schools that will enable students to, among other objectives:

6562          (i) communicate effectively, both verbally and through written communication;
6563          (ii) apply mathematics; and
6564          (iii) access, analyze, and apply information.
6565          (b) Except as provided in this public education code, the state board may recommend
6566     but may not require a local school board or charter school governing board to use:
6567          (i) a particular curriculum or instructional material; or
6568          (ii) a model curriculum or instructional material.
6569          (2) The state board shall, in establishing the core standards for Utah public schools:
6570          (a) identify the basic knowledge, skills, and competencies each student is expected to
6571     acquire or master as the student advances through the public education system; and
6572          (b) align with each other the core standards for Utah public schools and the
6573     assessments described in Section 53E-4-303.
6574          (3) The basic knowledge, skills, and competencies identified pursuant to Subsection
6575     (2)(a) shall increase in depth and complexity from year to year and focus on consistent and
6576     continual progress within and between grade levels and courses in the basic academic areas of:
6577          (a) English, including explicit phonics, spelling, grammar, reading, writing,
6578     vocabulary, speech, and listening; and
6579          (b) mathematics, including basic computational skills.
6580          (4) Before adopting core standards for Utah public schools, the state board shall:
6581          (a) publicize draft core standards for Utah public schools on the state board's website
6582     and the Utah Public Notice website created under Section [63F-1-701] 63A-12-201;
6583          (b) invite public comment on the draft core standards for Utah public schools for a
6584     period of not less than 90 days; and
6585          (c) conduct three public hearings that are held in different regions of the state on the
6586     draft core standards for Utah public schools.
6587          (5) LEA governing boards shall design their school programs, that are supported by
6588     generally accepted scientific standards of evidence, to focus on the core standards for Utah

6589     public schools with the expectation that each program will enhance or help achieve mastery of
6590     the core standards for Utah public schools.
6591          (6) Except as provided in Section 53G-10-402, each school may select instructional
6592     materials and methods of teaching, that are supported by generally accepted scientific standards
6593     of evidence, that the school considers most appropriate to meet the core standards for Utah
6594     public schools.
6595          (7) The state may exit any agreement, contract, memorandum of understanding, or
6596     consortium that cedes control of the core standards for Utah public schools to any other entity,
6597     including a federal agency or consortium, for any reason, including:
6598          (a) the cost of developing or implementing the core standards for Utah public schools;
6599          (b) the proposed core standards for Utah public schools are inconsistent with
6600     community values; or
6601          (c) the agreement, contract, memorandum of understanding, or consortium:
6602          (i) was entered into in violation of Chapter 3, Part 8, Implementing Federal or National
6603     Education Programs, or Title 63J, Chapter 5, Federal Funds Procedures Act;
6604          (ii) conflicts with Utah law;
6605          (iii) requires Utah student data to be included in a national or multi-state database;
6606          (iv) requires records of teacher performance to be included in a national or multi-state
6607     database; or
6608          (v) imposes curriculum, assessment, or data tracking requirements on home school or
6609     private school students.
6610          (8) The state board shall submit a report in accordance with Section 53E-1-203 on the
6611     development and implementation of the core standards for Utah public schools, including the
6612     time line established for the review of the core standards for Utah public schools by a standards
6613     review committee and the recommendations of a standards review committee established under
6614     Section 53E-4-203.
6615          Section 111. Section 53G-3-204 is amended to read:

6616          53G-3-204. Notice before preparing or amending a long-range plan or acquiring
6617     certain property.
6618          (1) As used in this section:
6619          (a) "Affected entity" means each county, municipality, local district under Title 17B,
6620     Limited Purpose Local Government Entities - Local Districts, special service district under
6621     Title 17D, Chapter 1, Special Service District Act, interlocal cooperation entity established
6622     under Title 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
6623          (i) whose services or facilities are likely to require expansion or significant
6624     modification because of an intended use of land; or
6625          (ii) that has filed with the school district a copy of the general or long-range plan of the
6626     county, municipality, local district, special service district, school district, interlocal
6627     cooperation entity, or specified public utility.
6628          (b) "Specified public utility" means an electrical corporation, gas corporation, or
6629     telephone corporation, as those terms are defined in Section 54-2-1.
6630          (2) (a) If a school district located in a county of the first or second class prepares a
6631     long-range plan regarding its facilities proposed for the future or amends an already existing
6632     long-range plan, the school district shall, before preparing a long-range plan or amendments to
6633     an existing long-range plan, provide written notice, as provided in this section, of its intent to
6634     prepare a long-range plan or to amend an existing long-range plan.
6635          (b) Each notice under Subsection (2)(a) shall:
6636          (i) indicate that the school district intends to prepare a long-range plan or to amend a
6637     long-range plan, as the case may be;
6638          (ii) describe or provide a map of the geographic area that will be affected by the
6639     long-range plan or amendments to a long-range plan;
6640          (iii) be:
6641          (A) sent to each county in whose unincorporated area and each municipality in whose
6642     boundaries is located the land on which the proposed long-range plan or amendments to a

6643     long-range plan are expected to indicate that the proposed facilities will be located;
6644          (B) sent to each affected entity;
6645          (C) sent to the Automated Geographic Reference Center created in Section 63F-1-506;
6646          (D) sent to each association of governments, established pursuant to an interlocal
6647     agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or
6648     municipality described in Subsection (2)(b)(iii)(A) is a member; and
6649          (E) placed on the Utah Public Notice Website created under Section [63F-1-701]
6650     63A-12-201;
6651          (iv) with respect to the notice to counties and municipalities described in Subsection
6652     (2)(b)(iii)(A) and affected entities, invite them to provide information for the school district to
6653     consider in the process of preparing, adopting, and implementing the long-range plan or
6654     amendments to a long-range plan concerning:
6655          (A) impacts that the use of land proposed in the proposed long-range plan or
6656     amendments to a long-range plan may have on the county, municipality, or affected entity; and
6657          (B) uses of land that the county, municipality, or affected entity is planning or
6658     considering that may conflict with the proposed long-range plan or amendments to a long-range
6659     plan; and
6660          (v) include the address of an Internet website, if the school district has one, and the
6661     name and telephone number of a person where more information can be obtained concerning
6662     the school district's proposed long-range plan or amendments to a long-range plan.
6663          (3) (a) Except as provided in Subsection (3)(d), each school district intending to
6664     acquire real property in a county of the first or second class for the purpose of expanding the
6665     district's infrastructure or other facilities shall provide written notice, as provided in this
6666     Subsection (3), of its intent to acquire the property if the intended use of the property is
6667     contrary to:
6668          (i) the anticipated use of the property under the county or municipality's general plan;
6669     or

6670          (ii) the property's current zoning designation.
6671          (b) Each notice under Subsection (3)(a) shall:
6672          (i) indicate that the school district intends to acquire real property;
6673          (ii) identify the real property; and
6674          (iii) be sent to:
6675          (A) each county in whose unincorporated area and each municipality in whose
6676     boundaries the property is located; and
6677          (B) each affected entity.
6678          (c) A notice under this Subsection (3) is a protected record as provided in Subsection
6679     63G-2-305(8).
6680          (d) (i) The notice requirement of Subsection (3)(a) does not apply if the school district
6681     previously provided notice under Subsection (2) identifying the general location within the
6682     municipality or unincorporated part of the county where the property to be acquired is located.
6683          (ii) If a school district is not required to comply with the notice requirement of
6684     Subsection (3)(a) because of application of Subsection (3)(d)(i), the school district shall
6685     provide the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of
6686     the real property.
6687          Section 112. Section 53G-4-204 is amended to read:
6688          53G-4-204. Compensation for services -- Additional per diem -- Approval of
6689     expenses.
6690          (1) Each member of a local school board, except the student member, shall receive
6691     compensation for services and for necessary expenses in accordance with compensation
6692     schedules adopted by the local school board in accordance with the provisions of this section.
6693          (2) Beginning on July 1, 2007, if a local school board decides to adopt or amend its
6694     compensation schedules, the local school board shall set a time and place for a public hearing
6695     at which all interested persons shall be given an opportunity to be heard.
6696          (3) Notice of the time, place, and purpose of the meeting shall be provided at least

6697     seven days prior to the meeting by:
6698          (a) (i) publication at least once in a newspaper published in the county where the
6699     school district is situated and generally circulated within the school district; and
6700          (ii) publication on the Utah Public Notice Website created in Section [63F-1-701]
6701     63A-12-201; and
6702          (b) posting a notice:
6703          (i) at each school within the school district;
6704          (ii) in at least three other public places within the school district; and
6705          (iii) on the Internet in a manner that is easily accessible to citizens that use the Internet.
6706          (4) After the conclusion of the public hearing, the local school board may adopt or
6707     amend its compensation schedules.
6708          (5) Each member shall submit an itemized account of necessary travel expenses for
6709     local school board approval.
6710          (6) A local school board may, without following the procedures described in
6711     Subsections (2) and (3), continue to use the compensation schedule that was in effect prior to
6712     July 1, 2007, until, at the discretion of the local school board, the compensation schedule is
6713     amended or a new compensation schedule is adopted.
6714          Section 113. Section 53G-4-402 is amended to read:
6715          53G-4-402. Powers and duties generally.
6716          (1) A local school board shall:
6717          (a) implement the core standards for Utah public schools using instructional materials
6718     that best correlate to the core standards for Utah public schools and graduation requirements;
6719          (b) administer tests, required by the state board, which measure the progress of each
6720     student, and coordinate with the state superintendent and state board to assess results and create
6721     plans to improve the student's progress, which shall be submitted to the state board for
6722     approval;
6723          (c) use progress-based assessments as part of a plan to identify schools, teachers, and

6724     students that need remediation and determine the type and amount of federal, state, and local
6725     resources to implement remediation;
6726          (d) develop early warning systems for students or classes failing to make progress;
6727          (e) work with the state board to establish a library of documented best practices,
6728     consistent with state and federal regulations, for use by the local districts;
6729          (f) implement training programs for school administrators, including basic
6730     management training, best practices in instructional methods, budget training, staff
6731     management, managing for learning results and continuous improvement, and how to help
6732     every child achieve optimal learning in basic academic subjects; and
6733          (g) ensure that the local school board meets the data collection and reporting standards
6734     described in Section 53E-3-501.
6735          (2) Local school boards shall spend Minimum School Program funds for programs and
6736     activities for which the state board has established minimum standards or rules under Section
6737     53E-3-501.
6738          (3) (a) A local school board may purchase, sell, and make improvements on school
6739     sites, buildings, and equipment and construct, erect, and furnish school buildings.
6740          (b) School sites or buildings may only be conveyed or sold on local school board
6741     resolution affirmed by at least two-thirds of the members.
6742          (4) (a) A local school board may participate in the joint construction or operation of a
6743     school attended by children residing within the district and children residing in other districts
6744     either within or outside the state.
6745          (b) Any agreement for the joint operation or construction of a school shall:
6746          (i) be signed by the president of the local school board of each participating district;
6747          (ii) include a mutually agreed upon pro rata cost; and
6748          (iii) be filed with the state board.
6749          (5) A local school board may establish, locate, and maintain elementary, secondary,
6750     and applied technology schools.

6751          (6) Except as provided in Section 53E-3-905, a local school board may enroll children
6752     in school who are at least five years of age before September 2 of the year in which admission
6753     is sought.
6754          (7) A local school board may establish and support school libraries.
6755          (8) A local school board may collect damages for the loss, injury, or destruction of
6756     school property.
6757          (9) A local school board may authorize guidance and counseling services for children
6758     and their parents before, during, or following enrollment of the children in schools.
6759          (10) (a) A local school board shall administer and implement federal educational
6760     programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National
6761     Education Programs.
6762          (b) Federal funds are not considered funds within the school district budget under
6763     Chapter 7, Part 3, Budgets.
6764          (11) (a) A local school board may organize school safety patrols and adopt policies
6765     under which the patrols promote student safety.
6766          (b) A student appointed to a safety patrol shall be at least 10 years old and have written
6767     parental consent for the appointment.
6768          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
6769     of a highway intended for vehicular traffic use.
6770          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
6771     safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
6772     the program by virtue of the organization, maintenance, or operation of a school safety patrol.
6773          (12) (a) A local school board may on its own behalf, or on behalf of an educational
6774     institution for which the local school board is the direct governing body, accept private grants,
6775     loans, gifts, endowments, devises, or bequests that are made for educational purposes.
6776          (b) These contributions are not subject to appropriation by the Legislature.
6777          (13) (a) A local school board may appoint and fix the compensation of a compliance

6778     officer to issue citations for violations of Subsection 76-10-105(2)(b).
6779          (b) A person may not be appointed to serve as a compliance officer without the
6780     person's consent.
6781          (c) A teacher or student may not be appointed as a compliance officer.
6782          (14) A local school board shall adopt bylaws and policies for the local school board's
6783     own procedures.
6784          (15) (a) A local school board shall make and enforce policies necessary for the control
6785     and management of the district schools.
6786          (b) Local school board policies shall be in writing, filed, and referenced for public
6787     access.
6788          (16) A local school board may hold school on legal holidays other than Sundays.
6789          (17) (a) A local school board shall establish for each school year a school traffic safety
6790     committee to implement this Subsection (17).
6791          (b) The committee shall be composed of one representative of:
6792          (i) the schools within the district;
6793          (ii) the Parent Teachers' Association of the schools within the district;
6794          (iii) the municipality or county;
6795          (iv) state or local law enforcement; and
6796          (v) state or local traffic safety engineering.
6797          (c) The committee shall:
6798          (i) receive suggestions from school community councils, parents, teachers, and others
6799     and recommend school traffic safety improvements, boundary changes to enhance safety, and
6800     school traffic safety program measures;
6801          (ii) review and submit annually to the Department of Transportation and affected
6802     municipalities and counties a child access routing plan for each elementary, middle, and junior
6803     high school within the district;
6804          (iii) consult the Utah Safety Council and the Division of Family Health Services and

6805     provide training to all school children in kindergarten through grade 6, within the district, on
6806     school crossing safety and use; and
6807          (iv) help ensure the district's compliance with rules made by the Department of
6808     Transportation under Section 41-6a-303.
6809          (d) The committee may establish subcommittees as needed to assist in accomplishing
6810     its duties under Subsection (17)(c).
6811          (18) (a) A local school board shall adopt and implement a comprehensive emergency
6812     response plan to prevent and combat violence in the local school board's public schools, on
6813     school grounds, on its school vehicles, and in connection with school-related activities or
6814     events.
6815          (b) The plan shall:
6816          (i) include prevention, intervention, and response components;
6817          (ii) be consistent with the student conduct and discipline policies required for school
6818     districts under Chapter 11, Part 2, Miscellaneous Requirements;
6819          (iii) require professional learning for all district and school building staff on what their
6820     roles are in the emergency response plan;
6821          (iv) provide for coordination with local law enforcement and other public safety
6822     representatives in preventing, intervening, and responding to violence in the areas and activities
6823     referred to in Subsection (18)(a); and
6824          (v) include procedures to notify a student, to the extent practicable, who is off campus
6825     at the time of a school violence emergency because the student is:
6826          (A) participating in a school-related activity; or
6827          (B) excused from school for a period of time during the regular school day to
6828     participate in religious instruction at the request of the student's parent.
6829          (c) The state board, through the state superintendent, shall develop comprehensive
6830     emergency response plan models that local school boards may use, where appropriate, to
6831     comply with Subsection (18)(a).

6832          (d) A local school board shall, by July 1 of each year, certify to the state board that its
6833     plan has been practiced at the school level and presented to and reviewed by its teachers,
6834     administrators, students, and their parents and local law enforcement and public safety
6835     representatives.
6836          (19) (a) A local school board may adopt an emergency response plan for the treatment
6837     of sports-related injuries that occur during school sports practices and events.
6838          (b) The plan may be implemented by each secondary school in the district that has a
6839     sports program for students.
6840          (c) The plan may:
6841          (i) include emergency personnel, emergency communication, and emergency
6842     equipment components;
6843          (ii) require professional learning on the emergency response plan for school personnel
6844     who are involved in sports programs in the district's secondary schools; and
6845          (iii) provide for coordination with individuals and agency representatives who:
6846          (A) are not employees of the school district; and
6847          (B) would be involved in providing emergency services to students injured while
6848     participating in sports events.
6849          (d) The local school board, in collaboration with the schools referred to in Subsection
6850     (19)(b), may review the plan each year and make revisions when required to improve or
6851     enhance the plan.
6852          (e) The state board, through the state superintendent, shall provide local school boards
6853     with an emergency plan response model that local school boards may use to comply with the
6854     requirements of this Subsection (19).
6855          (20) A local school board shall do all other things necessary for the maintenance,
6856     prosperity, and success of the schools and the promotion of education.
6857          (21) (a) Before closing a school or changing the boundaries of a school, a local school
6858     board shall:

6859          (i) at least 120 days before approving the school closure or school boundary change,
6860     provide notice to the following that the local school board is considering the closure or
6861     boundary change:
6862          (A) parents of students enrolled in the school, using the same form of communication
6863     the local school board regularly uses to communicate with parents;
6864          (B) parents of students enrolled in other schools within the school district that may be
6865     affected by the closure or boundary change, using the same form of communication the local
6866     school board regularly uses to communicate with parents; and
6867          (C) the governing council and the mayor of the municipality in which the school is
6868     located;
6869          (ii) provide an opportunity for public comment on the proposed school closure or
6870     school boundary change during at least two public local school board meetings; and
6871          (iii) hold a public hearing as defined in Section 10-9a-103 and provide public notice of
6872     the public hearing as described in Subsection (21)(b).
6873          (b) The notice of a public hearing required under Subsection (21)(a)(iii) shall:
6874          (i) indicate the:
6875          (A) school or schools under consideration for closure or boundary change; and
6876          (B) the date, time, and location of the public hearing;
6877          (ii) at least 10 days before the public hearing, be:
6878          (A) published:
6879          (I) in a newspaper of general circulation in the area; and
6880          (II) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201; and
6881          (B) posted in at least three public locations within the municipality in which the school
6882     is located on the school district's official website, and prominently at the school; and
6883          (iii) at least 30 days before the public hearing described in Subsection (21)(a)(iii), be
6884     provided as described in Subsections (21)(a)(i)(A), (B), and (C).
6885          (22) A local school board may implement a facility energy efficiency program

6886     established under Title 11, Chapter 44, Performance Efficiency Act.
6887          (23) A local school board may establish or partner with a certified youth court
6888     program, in accordance with Section 78A-6-1203, or establish or partner with a comparable
6889     restorative justice program, in coordination with schools in that district. A school may refer a
6890     student to youth court or a comparable restorative justice program in accordance with Section
6891     53G-8-211.
6892          Section 114. Section 53G-5-504 is amended to read:
6893          53G-5-504. Charter school closure.
6894          (1) As used in this section, "receiving charter school" means a charter school that an
6895     authorizer permits under Subsection (13)(a), to accept enrollment applications from students of
6896     a closing charter school.
6897          (2) If a charter school is closed for any reason, including the termination of a charter
6898     agreement in accordance with Section 53G-5-503 or the conversion of a charter school to a
6899     private school, the provisions of this section apply.
6900          (3) A decision to close a charter school is made:
6901          (a) when a charter school authorizer approves a motion to terminate described in
6902     Subsection 53G-5-503(2)(c);
6903          (b) when the state board takes final action described in Subsection 53G-5-503(2)(d)(ii);
6904     or
6905          (c) when a charter school provides notice to the charter school's authorizer that the
6906     charter school is relinquishing the charter school's charter.
6907          (4) (a) No later than 10 days after the day on which a decision to close a charter school
6908     is made, the charter school shall:
6909          (i) provide notice to the following, in writing, of the decision:
6910          (A) if the charter school made the decision to close, the charter school's authorizer;
6911          (B) the State Charter School Board;
6912          (C) if the state board did not make the decision to close, the state board;

6913          (D) parents of students enrolled at the charter school;
6914          (E) the charter school's creditors;
6915          (F) the charter school's lease holders;
6916          (G) the charter school's bond issuers;
6917          (H) other entities that may have a claim to the charter school's assets;
6918          (I) the school district in which the charter school is located and other charter schools
6919     located in that school district; and
6920          (J) any other person that the charter school determines to be appropriate; and
6921          (ii) post notice of the decision on the Utah Public Notice Website, created in Section
6922     [63F-1-701] 63A-12-201.
6923          (b) The notice described in Subsection (4)(a) shall include:
6924          (i) the proposed date of the charter school closure;
6925          (ii) the charter school's plans to help students identify and transition into a new school;
6926     and
6927          (iii) contact information for the charter school during the transition.
6928          (5) No later than 10 days after the day on which a decision to close a charter school is
6929     made, the closing charter school shall:
6930          (a) designate a custodian for the protection of student files and school business records;
6931          (b) designate a base of operation that will be maintained throughout the charter school
6932     closing, including:
6933          (i) an office;
6934          (ii) hours of operation;
6935          (iii) operational telephone service with voice messaging stating the hours of operation;
6936     and
6937          (iv) a designated individual to respond to questions or requests during the hours of
6938     operation;
6939          (c) assure that the charter school will maintain private insurance coverage or risk

6940     management coverage for covered claims that arise before closure, throughout the transition to
6941     closure and for a period following closure of the charter school as specified by the charter
6942     school's authorizer;
6943          (d) assure that the charter school will complete by the set deadlines for all fiscal years
6944     in which funds are received or expended by the charter school a financial audit and any other
6945     procedure required by state board rule;
6946          (e) inventory all assets of the charter school; and
6947          (f) list all creditors of the charter school and specifically identify secured creditors and
6948     assets that are security interests.
6949          (6) The closing charter school's authorizer shall oversee the closing charter school's
6950     compliance with Subsection (5).
6951          (7) (a) A closing charter school shall return any assets remaining, after all liabilities
6952     and obligations of the closing charter school are paid or discharged, to the closing charter
6953     school's authorizer.
6954          (b) The closing charter school's authorizer shall liquidate assets at fair market value or
6955     assign the assets to another public school.
6956          (8) The closing charter school's authorizer shall oversee liquidation of assets and
6957     payment of debt in accordance with state board rule.
6958          (9) The closing charter school shall:
6959          (a) comply with all state and federal reporting requirements; and
6960          (b) submit all documentation and complete all state and federal reports required by the
6961     closing charter school's authorizer or the state board , including documents to verify the closing
6962     charter school's compliance with procedural requirements and satisfaction of all financial
6963     issues.
6964          (10) When the closing charter school's financial affairs are closed out and dissolution is
6965     complete, the authorizer shall ensure that a final audit of the charter school is completed.
6966          (11) On or before January 1, 2017, the state board shall, in accordance with Title 63G,

6967     Chapter 3, Utah Administrative Rulemaking Act, and after considering suggestions from
6968     charter school authorizers, make rules that:
6969          (a) provide additional closure procedures for charter schools ; and
6970          (b) establish a charter school closure process.
6971          (12) (a) Upon termination of the charter school's charter agreement:
6972          (i) notwithstanding provisions to the contrary in Title 16, Chapter 6a, Part 14,
6973     Dissolution, the nonprofit corporation under which the charter school is organized and
6974     managed may be unilaterally dissolved by the authorizer; and
6975          (ii) the net assets of the charter school shall revert to the authorizer as described in
6976     Subsection (7).
6977          (b) The charter school and the authorizer shall mutually agree in writing on the
6978     effective date and time of the dissolution described in Subsection (12)(a).
6979          (c) The effective date and time of dissolution described in Subsection (12)(b) may not
6980     exceed five years after the date of the termination of the charter agreement.
6981          (13) Notwithstanding the provisions of Chapter 6, Part 5, Charter School Enrollment:
6982          (a) an authorizer may permit a specified number of students from a closing charter
6983     school to be enrolled in another charter school, if the receiving charter school:
6984          (i) (A) is authorized by the same authorizer as the closing charter school; or
6985          (B) is authorized by a different authorizer and the authorizer of the receiving charter
6986     school approves the increase in enrollment; and
6987          (ii) agrees to accept enrollment applications from students of the closing charter
6988     school;
6989          (b) a receiving charter school shall give new enrollment preference to applications
6990     from students of the closing charter school in the first school year in which the closing charter
6991     school is not operational; and
6992          (c) a receiving charter school's enrollment capacity is increased by the number of
6993     students enrolled in the receiving charter school from the closing charter school under this

6994     Subsection (13).
6995          (14) A member of the governing board or staff of the receiving charter school that is
6996     also a member of the governing board of the receiving charter school's authorizer, shall recuse
6997     himself or herself from a decision regarding the enrollment of students from a closing charter
6998     school as described in Subsection (13).
6999          Section 115. Section 53G-7-1105 is amended to read:
7000          53G-7-1105. Association budgets.
7001          (1) An association shall:
7002          (a) adopt a budget in accordance with this section; and
7003          (b) use uniform budgeting, accounting, and auditing procedures and forms, which shall
7004     be in accordance with generally accepted accounting principles or auditing standards.
7005          (2) An association budget officer or executive director shall annually prepare a
7006     tentative budget, with supporting documentation, to be submitted to the governing body.
7007          (3) The tentative budget and supporting documents shall include the following items:
7008          (a) the revenues and expenditures of the preceding fiscal year;
7009          (b) the estimated revenues and expenditures of the current fiscal year;
7010          (c) a detailed estimate of the essential expenditures for all purposes for the next
7011     succeeding fiscal year; and
7012          (d) the estimated financial condition of the association by funds at the close of the
7013     current fiscal year.
7014          (4) The tentative budget shall be filed with the governing body 15 days, or earlier,
7015     before the date of the tentative budget's proposed adoption by the governing body.
7016          (5) The governing body shall adopt a budget.
7017          (6) Before the adoption or amendment of a budget, the governing body shall hold a
7018     public hearing on the proposed budget or budget amendment.
7019          (7) (a) In addition to complying with Title 52, Chapter 4, Open and Public Meetings
7020     Act, in regards to the public hearing described in Subsection (6), at least 10 days before the

7021     public hearing, a governing body shall:
7022          (i) publish a notice of the public hearing electronically in accordance with Section
7023     [63F-1-701] 63A-12-201; and
7024          (ii) post the proposed budget on the association's Internet website.
7025          (b) A notice of a public hearing on an association's proposed budget shall include
7026     information on how the public may access the proposed budget as provided in Subsection
7027     (7)(a).
7028          (8) No later than September 30 of each year, the governing body shall file a copy of the
7029     adopted budget with the state auditor and the state board.
7030          Section 116. Section 54-8-10 is amended to read:
7031          54-8-10. Public hearing -- Notice -- Publication.
7032          (1) Such notice shall be:
7033          (a) (i) published:
7034          (A) in full one time in a newspaper of general circulation in the district; or
7035          (B) if there be no such newspaper, in a newspaper of general circulation in the county,
7036     city, or town in which the district is located; and
7037          (ii) published on the Utah Public Notice Website created in Section [63F-1-701]
7038     63A-12-201; and
7039          (b) posted in not less than three public places in the district.
7040          (2) A copy of the notice shall be mailed by certified mail to the last known address of
7041     each owner of land within the proposed district whose property will be assessed for the cost of
7042     the improvement.
7043          (3) The address to be used for that purpose shall be that last appearing on the real
7044     property assessment rolls of the county in which the property is located.
7045          (4) In addition, a copy of the notice shall be addressed to "Owner" and shall be so
7046     mailed addressed to the street number of each piece of improved property to be affected by the
7047     assessment.

7048          (5) Mailed notices and the published notice shall state where a copy of the resolution
7049     creating the district will be available for inspection by any interested parties.
7050          Section 117. Section 54-8-16 is amended to read:
7051          54-8-16. Notice of assessment -- Publication.
7052          (1) After the preparation of a resolution under Section 54-8-14, notice of a public
7053     hearing on the proposed assessments shall be given.
7054          (2) The notice described in Subsection (1) shall be:
7055          (a) published:
7056          (i) one time in a newspaper in which the first notice of hearing was published at least
7057     20 days before the date fixed for the hearing; and
7058          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
7059     at least 20 days before the date fixed for the hearing; and
7060          (b) mailed by certified mail not less than 15 days prior to the date fixed for such
7061     hearing to each owner of real property whose property will be assessed for part of the cost of
7062     the improvement at the last known address of such owner using for such purpose the names
7063     and addresses appearing on the last completed real property assessment rolls of the county
7064     wherein said affected property is located.
7065          (3) In addition, a copy of such notice shall be addressed to "Owner" and shall be so
7066     mailed addressed to the street number of each piece of improved property to be affected by
7067     such assessment.
7068          (4) Each notice shall state that at the specified time and place, the governing body will
7069     hold a public hearing upon the proposed assessments and shall state that any owner of any
7070     property to be assessed pursuant to the resolution will be heard on the question of whether his
7071     property will be benefited by the proposed improvement to the amount of the proposed
7072     assessment against his property and whether the amount assessed against his property
7073     constitutes more than his proper proportional share of the total cost of the improvement.
7074          (5) The notice shall further state where a copy of the resolution proposed to be adopted

7075     levying the assessments against all real property in the district will be on file for public
7076     inspection, and that subject to such changes and corrections therein as may be made by the
7077     governing body, it is proposed to adopt the resolution at the conclusion of the hearing.
7078          (6) A published notice shall describe the boundaries or area of the district with
7079     sufficient particularity to permit each owner of real property therein to ascertain that his
7080     property lies in the district.
7081          (7) The mailed notice may refer to the district by name and date of creation and shall
7082     state the amount of the assessment proposed to be levied against the real property of the person
7083     to whom the notice is mailed.
7084          Section 118. Section 57-11-11 is amended to read:
7085          57-11-11. Rules of division -- Filing advertising material -- Injunctions --
7086     Intervention by division in suits -- General powers of division.
7087          (1) (a) The division shall prescribe reasonable rules which shall be adopted, amended,
7088     or repealed only after a public hearing.
7089          (b) The division shall:
7090          (i) publish notice of the public hearing described in Subsection (1)(a):
7091          (A) once in a newspaper or newspapers with statewide circulation and at least 20 days
7092     before the hearing; and
7093          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
7094     at least 20 days before the hearing; and
7095          (ii) send a notice to a nonprofit organization which files a written request for notice
7096     with the division at least 20 days prior to the hearing.
7097          (2) The rules shall include but need not be limited to:
7098          (a) provisions for advertising standards to assure full and fair disclosure; and
7099          (b) provisions for escrow or trust agreements, performance bonds, or other means
7100     reasonably necessary to assure that all improvements referred to in the application for
7101     registration and advertising will be completed and that purchasers will receive the interest in

7102     land contracted for.
7103          (3) These provisions, however, shall not be required if the city or county in which the
7104     subdivision is located requires similar means of assurance of a nature and in an amount no less
7105     adequate than is required under said rules:
7106          (a) provisions for operating procedures;
7107          (b) provisions for a shortened form of registration in cases where the division
7108     determines that the purposes of this act do not require a subdivision to be registered pursuant to
7109     an application containing all the information required by Section 57-11-6 or do not require that
7110     the public offering statement contain all the information required by Section 57-11-7; and
7111          (c) other rules necessary and proper to accomplish the purpose of this chapter.
7112          (4) The division by rule or order, after reasonable notice, may require the filing of
7113     advertising material relating to subdivided lands prior to its distribution, provided that the
7114     division must approve or reject any advertising material within 15 days from the receipt thereof
7115     or the material shall be considered approved.
7116          (5) If it appears that a person has engaged or is about to engage in an act or practice
7117     constituting a violation of a provision of this chapter or a rule or order hereunder, the agency,
7118     with or without prior administrative proceedings, may bring an action in the district court of the
7119     district where said person maintains his residence or a place of business or where said act or
7120     practice has occurred or is about to occur, to enjoin the acts or practices and to enforce
7121     compliance with this chapter or any rule or order hereunder. Upon proper showing, injunctive
7122     relief or temporary restraining orders shall be granted, and a receiver or conservator may be
7123     appointed. The division shall not be required to post a bond in any court proceedings.
7124          (6) The division shall be allowed to intervene in a suit involving subdivided lands,
7125     either as a party or as an amicus curiae, where it appears that the interpretation or
7126     constitutionality of any provision of law will be called into question. In any suit by or against a
7127     subdivider involving subdivided lands, the subdivider promptly shall furnish the agency notice
7128     of the suit and copies of all pleadings. Failure to do so may, in the discretion of the division,

7129     constitute grounds for the division withholding any approval required by this chapter.
7130          (7) The division may:
7131          (a) accept registrations filed in other states or with the federal government;
7132          (b) contract with public agencies or qualified private persons in this state or other
7133     jurisdictions to perform investigative functions; and
7134          (c) accept grants-in-aid from any source.
7135          (8) The division shall cooperate with similar agencies in other jurisdictions to establish
7136     uniform filing procedures and forms, uniform public offering statements, advertising standards,
7137     rules, and common administrative practices.
7138          Section 119. Section 59-2-919 is amended to read:
7139          59-2-919. Notice and public hearing requirements for certain tax increases --
7140     Exceptions.
7141          (1) As used in this section:
7142          (a) "Additional ad valorem tax revenue" means ad valorem property tax revenue
7143     generated by the portion of the tax rate that exceeds the taxing entity's certified tax rate.
7144          (b) "Ad valorem tax revenue" means ad valorem property tax revenue not including
7145     revenue from:
7146          (i) eligible new growth as defined in Section 59-2-924; or
7147          (ii) personal property that is:
7148          (A) assessed by a county assessor in accordance with Part 3, County Assessment; and
7149          (B) semiconductor manufacturing equipment.
7150          (c) "Calendar year taxing entity" means a taxing entity that operates under a fiscal year
7151     that begins on January 1 and ends on December 31.
7152          (d) "County executive calendar year taxing entity" means a calendar year taxing entity
7153     that operates under the county executive-council form of government described in Section
7154     17-52a-203.
7155          (e) "Current calendar year" means the calendar year immediately preceding the

7156     calendar year for which a calendar year taxing entity seeks to levy a tax rate that exceeds the
7157     calendar year taxing entity's certified tax rate.
7158          (f) "Fiscal year taxing entity" means a taxing entity that operates under a fiscal year that
7159     begins on July 1 and ends on June 30.
7160          (g) "Last year's property tax budgeted revenue" does not include revenue received by a
7161     taxing entity from a debt service levy voted on by the public.
7162          (2) A taxing entity may not levy a tax rate that exceeds the taxing entity's certified tax
7163     rate unless the taxing entity meets:
7164          (a) the requirements of this section that apply to the taxing entity; and
7165          (b) all other requirements as may be required by law.
7166          (3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), a calendar
7167     year taxing entity may levy a tax rate that exceeds the calendar year taxing entity's certified tax
7168     rate if the calendar year taxing entity:
7169          (i) 14 or more days before the date of the regular general election or municipal general
7170     election held in the current calendar year, states at a public meeting:
7171          (A) that the calendar year taxing entity intends to levy a tax rate that exceeds the
7172     calendar year taxing entity's certified tax rate;
7173          (B) the dollar amount of and purpose for additional ad valorem tax revenue that would
7174     be generated by the proposed increase in the certified tax rate; and
7175          (C) the approximate percentage increase in ad valorem tax revenue for the taxing entity
7176     based on the proposed increase described in Subsection (3)(a)(i)(B);
7177          (ii) provides notice for the public meeting described in Subsection (3)(a)(i) in
7178     accordance with Title 52, Chapter 4, Open and Public Meetings Act, including providing a
7179     separate item on the meeting agenda that notifies the public that the calendar year taxing entity
7180     intends to make the statement described in Subsection (3)(a)(i);
7181          (iii) meets the advertisement requirements of Subsections (6) and (7) before the
7182     calendar year taxing entity conducts the public hearing required by Subsection (3)(a)(v);

7183          (iv) provides notice by mail:
7184          (A) seven or more days before the regular general election or municipal general
7185     election held in the current calendar year; and
7186          (B) as provided in Subsection (3)(c); and
7187          (v) conducts a public hearing that is held:
7188          (A) in accordance with Subsections (8) and (9); and
7189          (B) in conjunction with the public hearing required by Section 17-36-13 or 17B-1-610.
7190          (b) (i) For a county executive calendar year taxing entity, the statement described in
7191     Subsection (3)(a)(i) shall be made by the:
7192          (A) county council;
7193          (B) county executive; or
7194          (C) both the county council and county executive.
7195          (ii) If the county council makes the statement described in Subsection (3)(a)(i) or the
7196     county council states a dollar amount of additional ad valorem tax revenue that is greater than
7197     the amount of additional ad valorem tax revenue previously stated by the county executive in
7198     accordance with Subsection (3)(a)(i), the county executive calendar year taxing entity shall:
7199          (A) make the statement described in Subsection (3)(a)(i) 14 or more days before the
7200     county executive calendar year taxing entity conducts the public hearing under Subsection
7201     (3)(a)(v); and
7202          (B) provide the notice required by Subsection (3)(a)(iv) 14 or more days before the
7203     county executive calendar year taxing entity conducts the public hearing required by
7204     Subsection (3)(a)(v).
7205          (c) The notice described in Subsection (3)(a)(iv):
7206          (i) shall be mailed to each owner of property:
7207          (A) within the calendar year taxing entity; and
7208          (B) listed on the assessment roll;
7209          (ii) shall be printed on a separate form that:

7210          (A) is developed by the commission;
7211          (B) states at the top of the form, in bold upper-case type no smaller than 18 point
7212     "NOTICE OF PROPOSED TAX INCREASE"; and
7213          (C) may be mailed with the notice required by Section 59-2-1317;
7214          (iii) shall contain for each property described in Subsection (3)(c)(i):
7215          (A) the value of the property for the current calendar year;
7216          (B) the tax on the property for the current calendar year; and
7217          (C) subject to Subsection (3)(d), for the calendar year for which the calendar year
7218     taxing entity seeks to levy a tax rate that exceeds the calendar year taxing entity's certified tax
7219     rate, the estimated tax on the property;
7220          (iv) shall contain the following statement:
7221          "[Insert name of taxing entity] is proposing a tax increase for [insert applicable calendar
7222     year]. This notice contains estimates of the tax on your property and the proposed tax increase
7223     on your property as a result of this tax increase. These estimates are calculated on the basis of
7224     [insert previous applicable calendar year] data. The actual tax on your property and proposed
7225     tax increase on your property may vary from this estimate.";
7226          (v) shall state the date, time, and place of the public hearing described in Subsection
7227     (3)(a)(v); and
7228          (vi) may contain other property tax information approved by the commission.
7229          (d) For purposes of Subsection (3)(c)(iii)(C), a calendar year taxing entity shall
7230     calculate the estimated tax on property on the basis of:
7231          (i) data for the current calendar year; and
7232          (ii) the amount of additional ad valorem tax revenue stated in accordance with this
7233     section.
7234          (4) Except as provided in Subsection (5), a fiscal year taxing entity may levy a tax rate
7235     that exceeds the fiscal year taxing entity's certified tax rate if the fiscal year taxing entity:
7236          (a) provides notice by meeting the advertisement requirements of Subsections (6) and

7237     (7) before the fiscal year taxing entity conducts the public meeting at which the fiscal year
7238     taxing entity's annual budget is adopted; and
7239          (b) conducts a public hearing in accordance with Subsections (8) and (9) before the
7240     fiscal year taxing entity's annual budget is adopted.
7241          (5) (a) A taxing entity is not required to meet the notice or public hearing requirements
7242     of Subsection (3) or (4) if the taxing entity is expressly exempted by law from complying with
7243     the requirements of this section.
7244          (b) A taxing entity is not required to meet the notice requirements of Subsection (3) or
7245     (4) if:
7246          (i) Section 53F-8-301 allows the taxing entity to levy a tax rate that exceeds that
7247     certified tax rate without having to comply with the notice provisions of this section; or
7248          (ii) the taxing entity:
7249          (A) budgeted less than $20,000 in ad valorem tax revenue for the previous fiscal year;
7250     and
7251          (B) sets a budget during the current fiscal year of less than $20,000 of ad valorem tax
7252     revenue.
7253          (6) (a) Subject to Subsections (6)(d) and (7)(b), the advertisement described in this
7254     section shall be published:
7255          (i) subject to Section 45-1-101, in a newspaper or combination of newspapers of
7256     general circulation in the taxing entity;
7257          (ii) electronically in accordance with Section 45-1-101; and
7258          (iii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201.
7259          (b) The advertisement described in Subsection (6)(a)(i) shall:
7260          (i) be no less than 1/4 page in size;
7261          (ii) use type no smaller than 18 point; and
7262          (iii) be surrounded by a 1/4-inch border.
7263          (c) The advertisement described in Subsection (6)(a)(i) may not be placed in that

7264     portion of the newspaper where legal notices and classified advertisements appear.
7265          (d) It is the intent of the Legislature that:
7266          (i) whenever possible, the advertisement described in Subsection (6)(a)(i) appear in a
7267     newspaper that is published at least one day per week; and
7268          (ii) the newspaper or combination of newspapers selected:
7269          (A) be of general interest and readership in the taxing entity; and
7270          (B) not be of limited subject matter.
7271          (e) (i) The advertisement described in Subsection (6)(a)(i) shall:
7272          (A) except as provided in Subsection (6)(f), be run once each week for the two weeks
7273     before a taxing entity conducts a public hearing described under Subsection (3)(a)(v) or (4)(b);
7274     and
7275          (B) state that the taxing entity will meet on a certain day, time, and place fixed in the
7276     advertisement, which shall be seven or more days after the day the first advertisement is
7277     published, for the purpose of hearing comments regarding any proposed increase and to explain
7278     the reasons for the proposed increase.
7279          (ii) The advertisement described in Subsection (6)(a)(ii) shall:
7280          (A) be published two weeks before a taxing entity conducts a public hearing described
7281     in Subsection (3)(a)(v) or (4)(b); and
7282          (B) state that the taxing entity will meet on a certain day, time, and place fixed in the
7283     advertisement, which shall be seven or more days after the day the first advertisement is
7284     published, for the purpose of hearing comments regarding any proposed increase and to explain
7285     the reasons for the proposed increase.
7286          (f) If a fiscal year taxing entity's public hearing information is published by the county
7287     auditor in accordance with Section 59-2-919.2, the fiscal year taxing entity is not subject to the
7288     requirement to run the advertisement twice, as required by Subsection (6)(e)(i), but shall run
7289     the advertisement once during the week before the fiscal year taxing entity conducts a public
7290     hearing at which the taxing entity's annual budget is discussed.

7291          (g) For purposes of Subsection (3)(a)(iii) or (4)(a), the form and content of an
7292     advertisement shall be substantially as follows:
7293     
"NOTICE OF PROPOSED TAX INCREASE

7294     
(NAME OF TAXING ENTITY)

7295          The (name of the taxing entity) is proposing to increase its property tax revenue.
7296          •     The (name of the taxing entity) tax on a (insert the average value of a residence
7297     in the taxing entity rounded to the nearest thousand dollars) residence would
7298     increase from $______ to $________, which is $_______ per year.
7299          •     The (name of the taxing entity) tax on a (insert the value of a business having
7300     the same value as the average value of a residence in the taxing entity) business
7301     would increase from $________ to $_______, which is $______ per year.
7302          •     If the proposed budget is approved, (name of the taxing entity) would increase
7303     its property tax budgeted revenue by ___% above last year's property tax
7304     budgeted revenue excluding eligible new growth.
7305          All concerned citizens are invited to a public hearing on the tax increase.
7306     
PUBLIC HEARING

7307          Date/Time:     (date) (time)
7308          Location:     (name of meeting place and address of meeting place)
7309          To obtain more information regarding the tax increase, citizens may contact the (name
7310     of the taxing entity) at (phone number of taxing entity)."
7311          (7) The commission:
7312          (a) shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
7313     Rulemaking Act, governing the joint use of one advertisement described in Subsection (6) by
7314     two or more taxing entities; and
7315          (b) subject to Section 45-1-101, may authorize:
7316          (i) the use of a weekly newspaper:
7317          (A) in a county having both daily and weekly newspapers if the weekly newspaper

7318     would provide equal or greater notice to the taxpayer; and
7319          (B) if the county petitions the commission for the use of the weekly newspaper; or
7320          (ii) the use by a taxing entity of a commission approved direct notice to each taxpayer
7321     if:
7322          (A) the cost of the advertisement would cause undue hardship;
7323          (B) the direct notice is different and separate from that provided for in Section
7324     59-2-919.1; and
7325          (C) the taxing entity petitions the commission for the use of a commission approved
7326     direct notice.
7327          (8) (a) (i) (A) A fiscal year taxing entity shall, on or before March 1, notify the county
7328     legislative body in which the fiscal year taxing entity is located of the date, time, and place of
7329     the first public hearing at which the fiscal year taxing entity's annual budget will be discussed.
7330          (B) A county that receives notice from a fiscal year taxing entity under Subsection
7331     (8)(a)(i)(A) shall include on the notice required by Section 59-2-919.1 the date, time, and place
7332     of the public hearing described in Subsection (8)(a)(i)(A).
7333          (ii) A calendar year taxing entity shall, on or before October 1 of the current calendar
7334     year, notify the county legislative body in which the calendar year taxing entity is located of the
7335     date, time, and place of the first public hearing at which the calendar year taxing entity's annual
7336     budget will be discussed.
7337          (b) (i) A public hearing described in Subsection (3)(a)(v) or (4)(b) shall be:
7338          (A) open to the public; and
7339          (B) held at a meeting of the taxing entity with no items on the agenda other than
7340     discussion and action on the taxing entity's intent to levy a tax rate that exceeds the taxing
7341     entity's certified tax rate, the taxing entity's budget, a local district's or special service district's
7342     fee implementation or increase, or a combination of these items.
7343          (ii) The governing body of a taxing entity conducting a public hearing described in
7344     Subsection (3)(a)(v) or (4)(b) shall provide an interested party desiring to be heard an

7345     opportunity to present oral testimony:
7346          (A) within reasonable time limits; and
7347          (B) without unreasonable restriction on the number of individuals allowed to make
7348     public comment.
7349          (c) (i) Except as provided in Subsection (8)(c)(ii), a taxing entity may not schedule a
7350     public hearing described in Subsection (3)(a)(v) or (4)(b) at the same time as the public hearing
7351     of another overlapping taxing entity in the same county.
7352          (ii) The taxing entities in which the power to set tax levies is vested in the same
7353     governing board or authority may consolidate the public hearings described in Subsection
7354     (3)(a)(v) or (4)(b) into one public hearing.
7355          (d) A county legislative body shall resolve any conflict in public hearing dates and
7356     times after consultation with each affected taxing entity.
7357          (e) (i) A taxing entity shall hold a public hearing described in Subsection (3)(a)(v) or
7358     (4)(b) beginning at or after 6 p.m.
7359          (ii) If a taxing entity holds a public meeting for the purpose of addressing general
7360     business of the taxing entity on the same date as a public hearing described in Subsection
7361     (3)(a)(v) or (4)(b), the public meeting addressing general business items shall conclude before
7362     the beginning of the public hearing described in Subsection (3)(a)(v) or (4)(b).
7363          (f) (i) Except as provided in Subsection (8)(f)(ii), a taxing entity may not hold the
7364     public hearing described in Subsection (3)(a)(v) or (4)(b) on the same date as another public
7365     hearing of the taxing entity.
7366          (ii) A taxing entity may hold the following hearings on the same date as a public
7367     hearing described in Subsection (3)(a)(v) or (4)(b):
7368          (A) a budget hearing;
7369          (B) if the taxing entity is a local district or a special service district, a fee hearing
7370     described in Section 17B-1-643;
7371          (C) if the taxing entity is a town, an enterprise fund hearing described in Section

7372     10-5-107.5; or
7373          (D) if the taxing entity is a city, an enterprise fund hearing described in Section
7374     10-6-135.5.
7375          (9) (a) If a taxing entity does not make a final decision on budgeting additional ad
7376     valorem tax revenue at a public hearing described in Subsection (3)(a)(v) or (4)(b), the taxing
7377     entity shall:
7378          (i) announce at that public hearing the scheduled time and place of the next public
7379     meeting at which the taxing entity will consider budgeting the additional ad valorem tax
7380     revenue; and
7381          (ii) if the taxing entity is a fiscal year taxing entity, hold the public meeting described
7382     in Subsection (9)(a)(i) before September 1.
7383          (b) A calendar year taxing entity may not adopt a final budget that budgets an amount
7384     of additional ad valorem tax revenue that exceeds the largest amount of additional ad valorem
7385     tax revenue stated at a public meeting under Subsection (3)(a)(i).
7386          (c) A public hearing on levying a tax rate that exceeds a fiscal year taxing entity's
7387     certified tax rate may coincide with a public hearing on the fiscal year taxing entity's proposed
7388     annual budget.
7389          Section 120. Section 59-2-919.2 is amended to read:
7390          59-2-919.2. Consolidated advertisement of public hearings.
7391          (1) (a) Except as provided in Subsection (1)(b), on the same day on which a taxing
7392     entity provides the notice to the county required under Subsection 59-2-919(8)(a)(i), the taxing
7393     entity shall provide to the county auditor the information required by Subsection
7394     59-2-919(8)(a)(i).
7395          (b) A taxing entity is not required to notify the county auditor of the taxing entity's
7396     public hearing in accordance with Subsection (1)(a) if the taxing entity is exempt from the
7397     notice requirements of Section 59-2-919.
7398          (2) If as of July 22, two or more taxing entities notify the county auditor under

7399     Subsection (1), the county auditor shall by no later than July 22 of each year:
7400          (a) compile a list of the taxing entities that notify the county auditor under Subsection
7401     (1);
7402          (b) include on the list described in Subsection (2)(a), the following information for
7403     each taxing entity on the list:
7404          (i) the name of the taxing entity;
7405          (ii) the date, time, and location of the public hearing described in Subsection
7406     59-2-919(8)(a)(i);
7407          (iii) the average dollar increase on a residence in the taxing entity that the proposed tax
7408     increase would generate; and
7409          (iv) the average dollar increase on a business in the taxing entity that the proposed tax
7410     increase would generate;
7411          (c) provide a copy of the list described in Subsection (2)(a) to each taxing entity that
7412     notifies the county auditor under Subsection (1); and
7413          (d) in addition to the requirements of Subsection (3), if the county has a webpage,
7414     publish a copy of the list described in Subsection (2)(a) on the county's webpage until
7415     December 31.
7416          (3) (a) At least two weeks before any public hearing included in the list under
7417     Subsection (2) is held, the county auditor shall publish:
7418          (i) the list compiled under Subsection (2); and
7419          (ii) a statement that:
7420          (A) the list is for informational purposes only;
7421          (B) the list should not be relied on to determine a person's tax liability under this
7422     chapter; and
7423          (C) for specific information related to the tax liability of a taxpayer, the taxpayer
7424     should review the taxpayer's tax notice received under Section 59-2-919.1.
7425          (b) Except as provided in Subsection (3)(d)(ii), the information described in Subsection

7426     (3)(a) shall be published:
7427          (i) in no less than 1/4 page in size;
7428          (ii) in type no smaller than 18 point; and
7429          (iii) surrounded by a 1/4-inch border.
7430          (c) The published information described in Subsection (3)(a) and published in
7431     accordance with Subsection (3)(d)(i) may not be placed in the portion of a newspaper where a
7432     legal notice or classified advertisement appears.
7433          (d) A county auditor shall publish the information described in Subsection (3)(a):
7434          (i) (A) in a newspaper or combination of newspapers that are:
7435          (I) published at least one day per week;
7436          (II) of general interest and readership in the county; and
7437          (III) not of limited subject matter; and
7438          (B) once each week for the two weeks preceding the first hearing included in the list
7439     compiled under Subsection (2); and
7440          (ii) for two weeks preceding the first hearing included in the list compiled under
7441     Subsection (2):
7442          (A) as required in Section 45-1-101; and
7443          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201.
7444          (4) A taxing entity that notifies the county auditor under Subsection (1) shall provide
7445     the list described in Subsection (2)(c) to a person:
7446          (a) who attends the public hearing described in Subsection 59-2-919(8)(a)(i) of the
7447     taxing entity; or
7448          (b) who requests a copy of the list.
7449          (5) (a) A county auditor shall by no later than 30 days from the day on which the last
7450     publication of the information required by Subsection (3)(a) is made:
7451          (i) determine the costs of compiling and publishing the list; and
7452          (ii) charge each taxing entity included on the list an amount calculated by dividing the

7453     amount determined under Subsection (5)(a) by the number of taxing entities on the list.
7454          (b) A taxing entity shall pay the county auditor the amount charged under Subsection
7455     (5)(a).
7456          (6) The publication of the list under this section does not remove or change the notice
7457     requirements of Section 59-2-919 for a taxing entity.
7458          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7459     commission may make rules:
7460          (a) relating to the publication of a consolidated advertisement which includes the
7461     information described in Subsection (2) for a taxing entity that overlaps two or more counties;
7462          (b) relating to the payment required in Subsection (5)(b); and
7463          (c) to oversee the administration of this section and provide for uniform
7464     implementation.
7465          Section 121. Section 59-12-1102 is amended to read:
7466          59-12-1102. Base -- Rate -- Imposition of tax -- Distribution of revenue --
7467     Administration -- Administrative charge -- Commission requirement to retain an amount
7468     to be deposited into the Qualified Emergency Food Agencies Fund -- Enactment or repeal
7469     of tax -- Effective date -- Notice requirements.
7470          (1) (a) (i) Subject to Subsections (2) through (6), and in addition to any other tax
7471     authorized by this chapter, a county may impose by ordinance a county option sales and use tax
7472     of .25% upon the transactions described in Subsection 59-12-103(1).
7473          (ii) Notwithstanding Subsection (1)(a)(i), a county may not impose a tax under this
7474     section on the sales and uses described in Section 59-12-104 to the extent the sales and uses are
7475     exempt from taxation under Section 59-12-104.
7476          (b) For purposes of this Subsection (1), the location of a transaction shall be
7477     determined in accordance with Sections 59-12-211 through 59-12-215.
7478          (c) The county option sales and use tax under this section shall be imposed:
7479          (i) upon transactions that are located within the county, including transactions that are

7480     located within municipalities in the county; and
7481          (ii) except as provided in Subsection (1)(d) or (5), beginning on the first day of
7482     January:
7483          (A) of the next calendar year after adoption of the ordinance imposing the tax if the
7484     ordinance is adopted on or before May 25; or
7485          (B) of the second calendar year after adoption of the ordinance imposing the tax if the
7486     ordinance is adopted after May 25.
7487          (d) The county option sales and use tax under this section shall be imposed:
7488          (i) beginning January 1, 1998, if an ordinance adopting the tax imposed on or before
7489     September 4, 1997; or
7490          (ii) beginning January 1, 1999, if an ordinance adopting the tax is imposed during 1997
7491     but after September 4, 1997.
7492          (2) (a) Before imposing a county option sales and use tax under Subsection (1), a
7493     county shall hold two public hearings on separate days in geographically diverse locations in
7494     the county.
7495          (b) (i) At least one of the hearings required by Subsection (2)(a) shall have a starting
7496     time of no earlier than 6 p.m.
7497          (ii) The earlier of the hearings required by Subsection (2)(a) shall be no less than seven
7498     days after the day the first advertisement required by Subsection (2)(c) is published.
7499          (c) (i) Before holding the public hearings required by Subsection (2)(a), the county
7500     shall advertise:
7501          (A) its intent to adopt a county option sales and use tax;
7502          (B) the date, time, and location of each public hearing; and
7503          (C) a statement that the purpose of each public hearing is to obtain public comments
7504     regarding the proposed tax.
7505          (ii) The advertisement shall be published:
7506          (A) in a newspaper of general circulation in the county once each week for the two

7507     weeks preceding the earlier of the two public hearings; and
7508          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
7509     two weeks preceding the earlier of the two public hearings.
7510          (iii) The advertisement described in Subsection (2)(c)(ii)(A) shall be no less than 1/8
7511     page in size, and the type used shall be no smaller than 18 point and surrounded by a 1/4-inch
7512     border.
7513          (iv) The advertisement described in Subsection (2)(c)(ii)(A) may not be placed in that
7514     portion of the newspaper where legal notices and classified advertisements appear.
7515          (v) In accordance with Subsection (2)(c)(ii)(A), whenever possible:
7516          (A) the advertisement shall appear in a newspaper that is published at least five days a
7517     week, unless the only newspaper in the county is published less than five days a week; and
7518          (B) the newspaper selected shall be one of general interest and readership in the
7519     community, and not one of limited subject matter.
7520          (d) The adoption of an ordinance imposing a county option sales and use tax is subject
7521     to a local referendum election and shall be conducted as provided in Title 20A, Chapter 7, Part
7522     6, Local Referenda - Procedures.
7523          (3) (a) Subject to Subsection (5), if the aggregate population of the counties imposing a
7524     county option sales and use tax under Subsection (1) is less than 75% of the state population,
7525     the tax levied under Subsection (1) shall be distributed to the county in which the tax was
7526     collected.
7527          (b) Subject to Subsection (5), if the aggregate population of the counties imposing a
7528     county option sales and use tax under Subsection (1) is greater than or equal to 75% of the state
7529     population:
7530          (i) 50% of the tax collected under Subsection (1) in each county shall be distributed to
7531     the county in which the tax was collected; and
7532          (ii) except as provided in Subsection (3)(c), 50% of the tax collected under Subsection
7533     (1) in each county shall be distributed proportionately among all counties imposing the tax,

7534     based on the total population of each county.
7535          (c) Except as provided in Subsection (5), the amount to be distributed annually to a
7536     county under Subsection (3)(b)(ii), when combined with the amount distributed to the county
7537     under Subsection (3)(b)(i), does not equal at least $75,000, then:
7538          (i) the amount to be distributed annually to that county under Subsection (3)(b)(ii) shall
7539     be increased so that, when combined with the amount distributed to the county under
7540     Subsection (3)(b)(i), the amount distributed annually to the county is $75,000; and
7541          (ii) the amount to be distributed annually to all other counties under Subsection
7542     (3)(b)(ii) shall be reduced proportionately to offset the additional amount distributed under
7543     Subsection (3)(c)(i).
7544          (d) The commission shall establish rules to implement the distribution of the tax under
7545     Subsections (3)(a), (b), and (c).
7546          (4) (a) Except as provided in Subsection (4)(b) or (c), a tax authorized under this part
7547     shall be administered, collected, and enforced in accordance with:
7548          (i) the same procedures used to administer, collect, and enforce the tax under:
7549          (A) Part 1, Tax Collection; or
7550          (B) Part 2, Local Sales and Use Tax Act; and
7551          (ii) Chapter 1, General Taxation Policies.
7552          (b) A tax under this part is not subject to Subsections 59-12-205(2) through (6).
7553          (c) (i) Subject to Subsection (4)(c)(ii), the commission shall retain and deposit an
7554     administrative charge in accordance with Section 59-1-306 from the revenue the commission
7555     collects from a tax under this part.
7556          (ii) Notwithstanding Section 59-1-306, the administrative charge described in
7557     Subsection (4)(c)(i) shall be calculated by taking a percentage described in Section 59-1-306 of
7558     the distribution amounts resulting after:
7559          (A) the applicable distribution calculations under Subsection (3) have been made; and
7560          (B) the commission retains the amount required by Subsection (5).

7561          (5) (a) Beginning on July 1, 2009, the commission shall calculate and retain a portion
7562     of the sales and use tax collected under this part as provided in this Subsection (5).
7563          (b) For a county that imposes a tax under this part, the commission shall calculate a
7564     percentage each month by dividing the sales and use tax collected under this part for that
7565     month within the boundaries of that county by the total sales and use tax collected under this
7566     part for that month within the boundaries of all of the counties that impose a tax under this part.
7567          (c) For a county that imposes a tax under this part, the commission shall retain each
7568     month an amount equal to the product of:
7569          (i) the percentage the commission determines for the month under Subsection (5)(b)
7570     for the county; and
7571          (ii) $6,354.
7572          (d) The commission shall deposit an amount the commission retains in accordance
7573     with this Subsection (5) into the Qualified Emergency Food Agencies Fund created by Section
7574     35A-8-1009.
7575          (e) An amount the commission deposits into the Qualified Emergency Food Agencies
7576     Fund shall be expended as provided in Section 35A-8-1009.
7577          (6) (a) For purposes of this Subsection (6):
7578          (i) "Annexation" means an annexation to a county under Title 17, Chapter 2, County
7579     Consolidations and Annexations.
7580          (ii) "Annexing area" means an area that is annexed into a county.
7581          (b) (i) Except as provided in Subsection (6)(c) or (d), if, on or after July 1, 2004, a
7582     county enacts or repeals a tax under this part:
7583          (A) (I) the enactment shall take effect as provided in Subsection (1)(c); or
7584          (II) the repeal shall take effect on the first day of a calendar quarter; and
7585          (B) after a 90-day period beginning on the date the commission receives notice meeting
7586     the requirements of Subsection (6)(b)(ii) from the county.
7587          (ii) The notice described in Subsection (6)(b)(i)(B) shall state:

7588          (A) that the county will enact or repeal a tax under this part;
7589          (B) the statutory authority for the tax described in Subsection (6)(b)(ii)(A);
7590          (C) the effective date of the tax described in Subsection (6)(b)(ii)(A); and
7591          (D) if the county enacts the tax described in Subsection (6)(b)(ii)(A), the rate of the
7592     tax.
7593          (c) (i) If the billing period for a transaction begins before the effective date of the
7594     enactment of the tax under Subsection (1), the enactment of the tax takes effect on the first day
7595     of the first billing period that begins on or after the effective date of the enactment of the tax.
7596          (ii) The repeal of a tax applies to a billing period if the billing statement for the billing
7597     period is produced on or after the effective date of the repeal of the tax imposed under
7598     Subsection (1).
7599          (d) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
7600     sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
7601     Subsection (6)(b)(i) takes effect:
7602          (A) on the first day of a calendar quarter; and
7603          (B) beginning 60 days after the effective date of the enactment or repeal under
7604     Subsection (6)(b)(i).
7605          (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7606     commission may by rule define the term "catalogue sale."
7607          (e) (i) Except as provided in Subsection (6)(f) or (g), if, for an annexation that occurs
7608     on or after July 1, 2004, the annexation will result in the enactment or repeal of a tax under this
7609     part for an annexing area, the enactment or repeal shall take effect:
7610          (A) on the first day of a calendar quarter; and
7611          (B) after a 90-day period beginning on the date the commission receives notice meeting
7612     the requirements of Subsection (6)(e)(ii) from the county that annexes the annexing area.
7613          (ii) The notice described in Subsection (6)(e)(i)(B) shall state:
7614          (A) that the annexation described in Subsection (6)(e)(i) will result in an enactment or

7615     repeal of a tax under this part for the annexing area;
7616          (B) the statutory authority for the tax described in Subsection (6)(e)(ii)(A);
7617          (C) the effective date of the tax described in Subsection (6)(e)(ii)(A); and
7618          (D) the rate of the tax described in Subsection (6)(e)(ii)(A).
7619          (f) (i) If the billing period for a transaction begins before the effective date of the
7620     enactment of the tax under Subsection (1), the enactment of the tax takes effect on the first day
7621     of the first billing period that begins on or after the effective date of the enactment of the tax.
7622          (ii) The repeal of a tax applies to a billing period if the billing statement for the billing
7623     period is produced on or after the effective date of the repeal of the tax imposed under
7624     Subsection (1).
7625          (g) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
7626     sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
7627     Subsection (6)(e)(i) takes effect:
7628          (A) on the first day of a calendar quarter; and
7629          (B) beginning 60 days after the effective date of the enactment or repeal under
7630     Subsection (6)(e)(i).
7631          (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7632     commission may by rule define the term "catalogue sale."
7633          Section 122. Section 63A-3-103 is amended to read:
7634          63A-3-103. Duties of director of division -- Application to institutions of higher
7635     education.
7636          (1) The director of the Division of Finance shall:
7637          (a) define fiscal procedures relating to approval and allocation of funds;
7638          (b) provide for the accounting control of funds;
7639          (c) promulgate rules that:
7640          (i) establish procedures for maintaining detailed records of all types of leases;
7641          (ii) account for all types of leases in accordance with generally accepted accounting

7642     principles;
7643          (iii) require the performance of a lease with an option to purchase study by state
7644     agencies prior to any lease with an option to purchase acquisition of capital equipment; and
7645          (iv) require that the completed lease with an option to purchase study be approved by
7646     the director of the Division of Finance;
7647          (d) if the department operates the Division of Finance as an internal service fund
7648     agency in accordance with Section 63A-1-109.5, submit to the Rate Committee established in
7649     Section 63A-1-114:
7650          (i) the proposed rate and fee schedule as required by Section 63A-1-114; and
7651          (ii) other information or analysis requested by the Rate Committee;
7652          (e) oversee the Office of State Debt Collection;
7653          (f) publish the state's current constitutional debt limit on the [Utah Public Finance
7654     Website, created in Section 63A-1-202] public finance website established by the state auditor
7655     in accordance with Section 67-3-12; and
7656          (g) prescribe other fiscal functions required by law or under the constitutional authority
7657     of the governor to transact all executive business for the state.
7658          (2) (a) Institutions of higher education are subject to the provisions of Title 63A,
7659     Chapter 3, Part 1, General Provisions, and Title 63A, Chapter 3, Part 2, Accounting System,
7660     only to the extent expressly authorized or required by the Utah Board of Higher Education
7661     under Title 53B, State System of Higher Education.
7662          (b) Institutions of higher education shall submit financial data for the past fiscal year
7663     conforming to generally accepted accounting principles to the director of the Division of
7664     Finance.
7665          (3) The Division of Finance shall prepare financial statements and other reports in
7666     accordance with legal requirements and generally accepted accounting principles for the state
7667     auditor's examination and certification:
7668          (a) not later than 60 days after a request from the state auditor; and

7669          (b) at the end of each fiscal year.
7670          Section 123. Section 63A-5b-905 is amended to read:
7671          63A-5b-905. Notice required before division may convey division-owned
7672     property.
7673          (1) Before the division may convey vacant division-owned property, the division shall
7674     give notice as provided in Subsection (2).
7675          (2) A notice required under Subsection (1) shall:
7676          (a) identify and describe the vacant division-owned property;
7677          (b) indicate the availability of the vacant division-owned property;
7678          (c) invite persons interested in the vacant division-owned property to submit a written
7679     proposal to the division;
7680          (d) indicate the deadline for submitting a written proposal;
7681          (e) be posted on the division's website for at least 60 consecutive days before the
7682     deadline for submitting a written proposal, in a location specifically designated for notices
7683     dealing with vacant division-owned property;
7684          (f) be posted on the Utah Public Notice Website created in Section [63F-1-701]
7685     63A-12-201 for at least 60 consecutive days before the deadline for submitting a written
7686     proposal; and
7687          (g) be sent by email to each person who has previously submitted to the division a
7688     written request to receive notices under this section.
7689          Section 124. Section 63A-12-100 is amended to read:
7690     
CHAPTER 12. DIVISION OF ARCHIVES AND RECORDS SERVICE

7691     
Part 1. General Provisions

7692          63A-12-100. Title.
7693          This chapter is known as the ["Public Records Management Act."] "Division of
7694     Archives and Records Service."
7695          Section 125. Section 63A-12-101 is amended to read:

7696          63A-12-101. Division of Archives and Records Service created -- Duties.
7697          (1) There is created the Division of Archives and Records Service within the
7698     Department of Administrative Services.
7699          (2) The state archives shall:
7700          (a) administer the state's archives and records management programs, including storage
7701     of records, central microphotography programs, and quality control;
7702          (b) apply fair, efficient, and economical management methods to the collection,
7703     creation, use, maintenance, retention, preservation, disclosure, and disposal of records and
7704     documents;
7705          (c) establish standards, procedures, and techniques for the effective management and
7706     physical care of records;
7707          (d) conduct surveys of office operations and recommend improvements in current
7708     records management practices, including the use of space, equipment, automation, and supplies
7709     used in creating, maintaining, storing, and servicing records;
7710          (e) establish standards for the preparation of schedules providing for the retention of
7711     records of continuing value and for the prompt and orderly disposal of state records no longer
7712     possessing sufficient administrative, historical, legal, or fiscal value to warrant further
7713     retention;
7714          (f) establish, maintain, and operate centralized microphotography lab facilities and
7715     quality control for the state;
7716          (g) provide staff and support services to the Records Management Committee created
7717     in Section 63A-12-112 and the State Records Committee created in Section 63G-2-501;
7718          (h) develop training programs to assist records officers and other interested officers and
7719     employees of governmental entities to administer this chapter and Title 63G, Chapter 2,
7720     Government Records Access and Management Act;
7721          (i) provide access to public records deposited in the archives;
7722          (j) administer and maintain the Utah Public Notice Website established under Section

7723     [63F-1-701] 63A-12-201;
7724          (k) provide assistance to any governmental entity in administering this chapter and
7725     Title 63G, Chapter 2, Government Records Access and Management Act;
7726          (l) prepare forms for use by all governmental entities for a person requesting access to
7727     a record; and
7728          (m) if the department operates the Division of Archives and Records Service as an
7729     internal service fund agency in accordance with Section 63A-1-109.5, submit to the Rate
7730     Committee established in Section 63A-1-114:
7731          (i) the proposed rate and fee schedule as required by Section 63A-1-114; and
7732          (ii) other information or analysis requested by the Rate Committee.
7733          (3) The state archives may:
7734          (a) establish a report and directives management program; and
7735          (b) establish a forms management program.
7736          (4) The executive director of the Department of Administrative Services may direct the
7737     state archives to administer other functions or services consistent with this chapter and Title
7738     63G, Chapter 2, Government Records Access and Management Act.
7739          Section 126. Section 63A-12-114 is enacted to read:
7740          63A-12-114. Utah Open Records Portal Website.
7741          (1) As used in this section:
7742          (a) "Governmental entity" means the same as that term is defined in Section
7743     63G-2-103.
7744          (b) "Website" means the Utah Open Records Portal Website created in this section.
7745          (2) There is created the Utah Open Records Portal Website to be administered by the
7746     division.
7747          (3) Unless otherwise provided by a governmental entity, the website shall serve as an
7748     additional point of access for requests for records under Title 63G, Chapter 2, Government
7749     Records Access and Management Act.

7750          (4) The division is responsible for:
7751          (a) establishing and maintaining the website, with the technical assistance of the
7752     Department of Technology Services, including the provision of equipment, resources, and
7753     personnel as necessary;
7754          (b) providing a mechanism for governmental entities to gain access to the website for
7755     the purpose of posting, modifying, and maintaining records; and
7756          (c) maintaining an archive of all records posted to the website.
7757          (5) The timing for posting and the content of records posted to the website is the
7758     responsibility of the governmental entity posting the record.
7759          Section 127. Section 63A-12-201, which is renumbered from Section 63F-1-701 is
7760     renumbered and amended to read:
7761          [63F-1-701].      63A-12-201. Utah Public Notice Website -- Establishment
7762     and administration.
7763          (1) As used in this part:
7764          (a) "Division" means the Division of Archives and Records Service of the Department
7765     of Administrative Services.
7766          (b) "Executive board" means the same as that term is defined in Section 67-1-2.5.
7767          (c) "Public body" means the same as that term is defined in Section 52-4-103.
7768          (d) "Public information" means a public body's public notices, minutes, audio
7769     recordings, and other materials that are required to be posted to the website under Title 52,
7770     Chapter 4, Open and Public Meetings Act, or other statute or state agency rule.
7771          (e) "Website" means the Utah Public Notice Website created under this section.
7772          (2) There is created the Utah Public Notice Website to be administered by the
7773     [Division of Archives and Records Service] division.
7774          (3) The website shall consist of an Internet website provided to assist the public to find
7775     posted public information.
7776          (4) The division, with the technical assistance of the Department of Technology

7777     Services, shall create the website that shall:
7778          (a) allow a public body, or other certified entity, to easily post any public information,
7779     including the contact information required under Subsections 17B-1-303(9) and
7780     17D-1-106(1)(b)(ii);
7781          (b) allow the public to easily search the public information by:
7782          (i) public body name;
7783          (ii) date of posting of the notice;
7784          (iii) date of any meeting or deadline included as part of the public information; and
7785          (iv) any other criteria approved by the division;
7786          (c) allow the public to easily search and view past, archived public information;
7787          (d) allow an individual to subscribe to receive updates and notices associated with a
7788     public body or a particular type of public information;
7789          [(e) be easily accessible by the public from the State of Utah home page;]
7790          [(f)] (e) have a unique and simplified website address;
7791          [(g)] (f) be directly accessible via a link from the main page of the official state
7792     website; [and]
7793          [(h)] (g) include other links, features, or functionality that will assist the public in
7794     obtaining and reviewing public information posted on the website, as may be approved by the
7795     division[.]; and
7796          (h) be guided by the principles described in Subsection 63A-16-202(2).
7797          (5) (a) Subject to Subsection (5)(b), the division and the governor's office shall
7798     coordinate to ensure that the website, the database described in Section 67-1-2.5, and the
7799     website described in Section 67-1-2.5 automatically share appropriate information in order to
7800     ensure that:
7801          (i) an individual who subscribes to receive information under Subsection (4)(d) for an
7802     executive board automatically receives notifications of vacancies on the executive board that
7803     will be publicly filled, including a link to information regarding how an individual may apply

7804     to fill the vacancy; and
7805          (ii) an individual who accesses an executive board's information on the website has
7806     access to the following through the website:
7807          (A) the executive board's information in the database, except an individual's physical
7808     address, e-mail address, or phone number; and
7809          (B) the portal described in Section 67-1-2.5 through which an individual may provide
7810     input on an appointee to, or member of, the executive board.
7811          (b) The division and the governor's office shall comply with Subsection (5)(a) as soon
7812     as reasonably possible within existing funds appropriated to the division and the governor's
7813     office.
7814          (6) Before August 1 of each year, the division shall:
7815          (a) identify each executive board that is a public body that did not submit to the
7816     website a notice of a public meeting during the previous fiscal year; and
7817          (b) report the name of each identified executive board to the governor's boards and
7818     commissions administrator.
7819          (7) The division is responsible for:
7820          (a) establishing and maintaining the website, including the provision of equipment,
7821     resources, and personnel as is necessary;
7822          (b) providing a mechanism for public bodies or other certified entities to have access to
7823     the website for the purpose of posting and modifying public information; and
7824          (c) maintaining an archive of all public information posted to the website.
7825          (8) A public body is responsible for the content the public body is required to post to
7826     the website and the timing of posting of that information.
7827          Section 128. Section 63A-12-202, which is renumbered from Section 63F-1-702 is
7828     renumbered and amended to read:
7829          [63F-1-702].      63A-12-202. Notice and training by the Division of Archives
7830     and Records Service.

7831          (1) The division shall provide notice of the provisions and requirements of this chapter
7832     to all public bodies that are subject to the provision of Subsection 52-4-202(3)(a)(ii).
7833          (2) The division shall, as necessary, provide periodic training on the use of the [Utah
7834     Public Notice Website] website to public bodies that are authorized to post notice on the
7835     website.
7836          Section 129. Section 63A-16-101 is enacted to read:
7837     
CHAPTER 16. UTAH TRANSPARENCY ADVISORY BOARD

7838     
Part 1. General Provisions

7839          63A-16-101. Title.
7840          This chapter is known as the "Utah Transparency Advisory Board."
7841          Section 130. Section 63A-16-102 is enacted to read:
7842          63A-16-102. Definitions.
7843          As used in this chapter:
7844          (1) "Board" means the Utah Transparency Advisory Board created in Section
7845     63A-16-201.
7846          (2) "Public information" means the same as that term is defined in Section 63F-1-108.
7847          (3) "Public information website" means:
7848          (a) the website established by the State Board of Education in accordance with
7849     Subsection 53E-5-211(1);
7850          (b) the Utah Open Records Portal Website created in Section 63A-12-114;
7851          (c) the Utah Public Notice Website created in Section 63A-12-201;
7852          (d) the Utah Open Data Portal Website created in Section 63F-1-108; or
7853          (e) the public finance website established by the state auditor in accordance with
7854     Section 67-3-12.
7855          Section 131. Section 63A-16-201, which is renumbered from Section 63A-1-203 is
7856     renumbered and amended to read:
7857     
Part 2. Creation and Duties


7858          [63A-1-203].      63A-16-201. Utah Transparency Advisory Board -- Creation
7859     -- Membership -- Duties.
7860          (1) There is created within the department the Utah Transparency Advisory Board
7861     comprised of members knowledgeable about public finance or providing public access to
7862     public information.
7863          (2) The board consists of:
7864          (a) the state auditor or the state auditor's designee;
7865          (b) an individual appointed by the executive director of the department;
7866          (c) an individual appointed by the executive director of the Governor's Office of
7867     Management and Budget;
7868          [(d) an individual appointed by the governor on advice from the Legislative Fiscal
7869     Analyst;]
7870          [(e) one member of the Senate, appointed by the governor on advice from the president
7871     of the Senate;]
7872          [(f) one member of the House of Representatives, appointed by the governor on advice
7873     from the speaker of the House of Representatives;]
7874          [(g) an individual appointed by the director of the Department of Technology
7875     Services;]
7876          [(h) the director of the Division of Archives and Records Service created in Section
7877     63A-12-101 or the director's designee;]
7878          [(i) an individual who is a member of the State Records Committee created in Section
7879     63G-2-501, appointed by the governor;]
7880          [(j) an individual representing counties, appointed by the governor;]
7881          [(k) an individual representing municipalities, appointed by the governor;]
7882          [(l) an individual representing special districts, appointed by the governor;]
7883          [(m) an individual representing the State Board of Education, appointed by the State
7884     Board of Education; and]

7885          [(n) one individual who is a member of the public and who has knowledge, expertise,
7886     or experience in matters relating to the board's duties under Subsection (10), appointed by the
7887     board members identified in Subsections (2)(a) through (m).]
7888          [(3) The board shall:]
7889          [(a) advise the state auditor and the department on matters related to the
7890     implementation and administration of this part;]
7891          [(b) develop plans, make recommendations, and assist in implementing the provisions
7892     of this part;]
7893          [(c) determine what public financial information shall be provided by a participating
7894     state entity, independent entity, and participating local entity, if the public financial
7895     information:]
7896          [(i) only includes records that:]
7897          [(A) are classified as public under Title 63G, Chapter 2, Government Records Access
7898     and Management Act, or, subject to any specific limitations and requirements regarding the
7899     provision of financial information from the entity described in Section 63A-1-202, if an entity
7900     is exempt from Title 63G, Chapter 2, Government Records Access and Management Act,
7901     records that would normally be classified as public if the entity were not exempt from Title
7902     63G, Chapter 2, Government Records Access and Management Act;]
7903          [(B) are an accounting of money, funds, accounts, bonds, loans, expenditures, or
7904     revenues, regardless of the source; and]
7905          [(C) are owned, held, or administered by the participating state entity, independent
7906     entity, or participating local entity that is required to provide the record; and]
7907          [(ii) is of the type or nature that should be accessible to the public via a website based
7908     on considerations of:]
7909          [(A) the cost effectiveness of providing the information;]
7910          [(B) the value of providing the information to the public; and]
7911          [(C) privacy and security considerations;]

7912          [(d) evaluate the cost effectiveness of implementing specific information resources and
7913     features on the website;]
7914          [(e) require participating local entities to provide public financial information in
7915     accordance with the requirements of this part, with a specified content, reporting frequency,
7916     and form;]
7917          [(f) require an independent entity's website or a participating local entity's website to be
7918     accessible by link or other direct route from the Utah Public Finance Website if the
7919     independent entity or participating local entity does not use the Utah Public Finance Website;]
7920          [(g) determine the search methods and the search criteria that shall be made available
7921     to the public as part of a website used by an independent entity or a participating local entity
7922     under the requirements of this part, which criteria may include:]
7923          [(i) fiscal year;]
7924          [(ii) expenditure type;]
7925          [(iii) name of the agency;]
7926          [(iv) payee;]
7927          [(v) date; and]
7928          [(vi) amount; and]
7929          [(h) analyze ways to improve the information on the Utah Public Finance Website so
7930     the information is more relevant to citizens, including through the use of:]
7931          [(i) infographics that provide more context to the data; and]
7932          [(ii) geolocation services, if possible.]
7933          (d) an individual appointed by the executive director of the Department of Technology
7934     Services;
7935          (e) the director of the Division of Archives and Records Service created in Section
7936     63A-12-101 or the director's designee;
7937          (f) an individual representing the State Board of Education, appointed by the State
7938     Board of Education;

7939          (g) the following individuals appointed by the governor:
7940          (i) an individual recommended by the Office of the Legislative Fiscal Analyst;
7941          (ii) one member of the Senate, recommended by the president of the Senate;
7942          (iii) one member of the House of Representatives, recommended by the speaker of the
7943     House of Representatives;
7944          (iv) an individual who is a member of the State Records Committee created in Section
7945     63G-2-501;
7946          (v) an individual representing counties;
7947          (vi) an individual representing municipalities; and
7948          (vii) an individual representing special districts; and
7949          (h) one individual who is a member of the public and who has knowledge, expertise, or
7950     experience in matters relating to the board's duties under Section 63A-16-202, appointed by the
7951     board members identified in Subsections (2)(a) through (g).
7952          [(4)] (3) Every two years, the board shall elect a chair and a vice chair from its
7953     members.
7954          [(5)] (4) (a) Each member shall serve a four-year term.
7955          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
7956     appointed for a four-year term.
7957          [(6)] (5) To accomplish its duties, the board shall meet as it determines necessary.
7958          [(7)] (6) Reasonable notice shall be given to each member of the board before any
7959     meeting.
7960          [(8)] (7) A majority of the board constitutes a quorum for the transaction of business.
7961          [(9)] (8) (a) A member who is not a legislator may not receive compensation or
7962     benefits for the member's service, but may receive per diem and travel expenses as allowed in:
7963          (i) Section 63A-3-106;
7964          (ii) Section 63A-3-107; and
7965          (iii) rules made by the Division of Finance according to Sections 63A-3-106 and

7966     63A-3-107.
7967          (b) Compensation and expenses of a member who is a legislator are governed by
7968     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
7969          [(10) (a) As used in Subsections (10) and (11):]
7970          [(i) "Information website" means a single Internet website containing public
7971     information or links to public information.]
7972          [(ii) "Public information" means records of state government, local government, or an
7973     independent entity that are classified as public under Title 63G, Chapter 2, Government
7974     Records Access and Management Act, or, subject to any specific limitations and requirements
7975     regarding the provision of financial information from the entity described in Section
7976     63A-1-202, if an entity is exempt from Title 63G, Chapter 2, Government Records Access and
7977     Management Act, records that would normally be classified as public if the entity were not
7978     exempt from Title 63G, Chapter 2, Government Records Access and Management Act.]
7979          [(b) The board shall:]
7980          [(i) study the establishment of an information website and develop recommendations
7981     for its establishment;]
7982          [(ii) develop recommendations about how to make public information more readily
7983     available to the public through the information website;]
7984          [(iii) develop standards to make uniform the format and accessibility of public
7985     information posted to the information website; and]
7986          [(iv) identify and prioritize public information in the possession of a state agency or
7987     political subdivision that may be appropriate for publication on the information website.]
7988          [(c) In fulfilling its duties under Subsection (10)(b), the board shall be guided by
7989     principles that encourage:]
7990          [(i) (A) the establishment of a standardized format of public information that makes the
7991     information more easily accessible by the public;]
7992          [(B) the removal of restrictions on the reuse of public information;]

7993          [(C) minimizing limitations on the disclosure of public information while appropriately
7994     safeguarding sensitive information; and]
7995          [(D) balancing factors in favor of excluding public information from an information
7996     website against the public interest in having the information accessible on an information
7997     website;]
7998          [(ii) (A) permanent, lasting, open access to public information; and]
7999          [(B) the publication of bulk public information;]
8000          [(iii) the implementation of well-designed public information systems that ensure data
8001     quality, create a public, comprehensive list or index of public information, and define a process
8002     for continuous publication of and updates to public information;]
8003          [(iv) the identification of public information not currently made available online and
8004     the implementation of a process, including a timeline and benchmarks, for making that public
8005     information available online; and]
8006          [(v) accountability on the part of those who create, maintain, manage, or store public
8007     information or post it to an information website.]
8008          [(d) The department shall implement the board's recommendations, including the
8009     establishment of an information website, to the extent that implementation:]
8010          [(i) is approved by the Legislative Management Committee;]
8011          [(ii) does not require further legislative appropriation; and]
8012          [(iii) is within the department's existing statutory authority.]
8013          [(11) The department shall, in consultation with the board and as funding allows,
8014     modify the information website described in Subsection (10) to:]
8015          [(a) by January 1, 2015, serve as a point of access for Government Records Access and
8016     Management requests for executive agencies;]
8017          [(b) by January 1, 2016, serve as a point of access for Government Records Access and
8018     Management requests for:]
8019          [(i) school districts;]

8020          [(ii) charter schools;]
8021          [(iii) public transit districts created under Title 17B, Chapter 2a, Part 8, Public Transit
8022     District Act;]
8023          [(iv) counties; and]
8024          [(v) municipalities;]
8025          [(c) by January 1, 2017, serve as a point of access for Government Records Access and
8026     Management requests for:]
8027          [(i) local districts under Title 17B, Limited Purpose Local Government Entities - Local
8028     Districts; and]
8029          [(ii) special service districts under Title 17D, Chapter 1, Special Service District Act;]
8030          [(d) except as provided in Subsection (12)(a), provide link capabilities to other existing
8031     repositories of public information, including maps, photograph collections, legislatively
8032     required reports, election data, statute, rules, regulations, and local ordinances that exist on
8033     other agency and political subdivision websites;]
8034          [(e) provide multiple download options in different formats, including nonproprietary,
8035     open formats where possible;]
8036          [(f) provide any other public information that the board, under Subsection (10),
8037     identifies as appropriate for publication on the information website; and]
8038          [(g) incorporate technical elements the board identifies as useful to a citizen using the
8039     information website.]
8040          [(12) (a) The department, in consultation with the board, shall establish by rule any
8041     restrictions on the inclusion of maps and photographs, as described in Subsection (11)(d), on
8042     the website described in Subsection (10) if the inclusion would pose a potential security
8043     concern.]
8044          [(b) The website described in Subsection (10) may not publish any record that is
8045     classified as private, protected, or controlled under Title 63G, Chapter 2, Government Records
8046     Access and Management Act.]

8047          (9) The department shall provide staff support for the board.
8048          Section 132. Section 63A-16-202 is enacted to read:
8049          63A-16-202. Utah Transparency Advisory Board -- Duties.
8050          (1) (a) The board shall advise and assist:
8051          (i) the state auditor regarding the Public Finance Website established by the state
8052     auditor in accordance with Section 67-3-12;
8053          (ii) the Department of Technology Services regarding the Utah Open Data Portal
8054     Website created in Section 63F-1-108;
8055          (iii) the Division of Archives and Records Service regarding:
8056          (A) the Utah Open Records Portal Website created in Section 63A-12-114; and
8057          (B) the Utah Public Notice Website created in Section 63A-12-201; and
8058          (iv) the State Board of Education regarding the website required under Subsection
8059     53E-5-211(1).
8060          (b) In providing advice and assistance under Subsection (1)(a), the board may:
8061          (i) develop recommendations on how to make public information more readily
8062     available to the public through a public information website;
8063          (ii) develop standards to make uniform the format and accessibility of public
8064     information posted to a public information website; and
8065          (iii) identify and prioritize public information that may be appropriate for publication
8066     on a public information website.
8067          (2) In fulfilling the board's duties under Subsection (1), the board shall follow
8068     principles that encourage:
8069          (a) the establishment of a standardized format of public information that makes the
8070     information posted to a public information website more easily accessible by the public;
8071          (b) the removal of restrictions on the reuse of public information;
8072          (c) balancing the following:
8073          (i) factors in favor of excluding public information from a public information website;

8074     and
8075          (ii) the public interest in having the public information accessible through a public
8076     information website;
8077          (d) permanent, lasting, open access to public information;
8078          (e) the bulk publication of public information;
8079          (f) the implementation of well-designed public information systems that:
8080          (i) ensure data quality;
8081          (ii) create a public, comprehensive list or index of public information; and
8082          (iii) define a process for continuous publication of public information, including
8083     updates to available public information;
8084          (g) the identification of public information not currently available on a public
8085     information website and the implementation of a process, including a timeline and benchmarks,
8086     for making that public information available; and
8087          (h) accountability on the part of the persons who create, maintain, manage, or store
8088     public information or post public information to a public information website.
8089          Section 133. Section 63E-2-109 is amended to read:
8090          63E-2-109. State statutes.
8091          (1) Except as specifically modified in its authorizing statute, each independent
8092     corporation shall be exempt from the statutes governing state agencies, including:
8093          (a) Title 51, Chapter 5, Funds Consolidation Act;
8094          (b) Title 51, Chapter 7, State Money Management Act;
8095          (c) [except as provided in Subsection (2),] Title 63A, Utah Administrative Services
8096     Code;
8097          (d) Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
8098          (e) Title 63G, Chapter 4, Administrative Procedures Act;
8099          (f) Title 63G, Chapter 6a, Utah Procurement Code;
8100          (g) Title 63J, Chapter 1, Budgetary Procedures Act;

8101          (h) Title 63J, Chapter 2, Revenue Procedures and Control Act; and
8102          (i) Title 67, Chapter 19, Utah State Personnel Management Act.
8103          (2) Except as specifically modified in its authorizing statute, each independent
8104     corporation shall be subject to:
8105          (a) Title 52, Chapter 4, Open and Public Meetings Act;
8106          (b) [Title 63A, Chapter 1, Part 2, Utah Public Finance Website] Section 67-3-12; and
8107          (c) Title 63G, Chapter 2, Government Records Access and Management Act.
8108          (3) Each independent corporation board may adopt its own policies and procedures
8109     governing its:
8110          (a) funds management;
8111          (b) audits; and
8112          (c) personnel.
8113          Section 134. Section 63F-1-108 is enacted to read:
8114          63F-1-108. Utah Open Data Portal Website.
8115          (1) As used in this section:
8116          (a) "Governmental entity" means the same as that term is defined in Section
8117     63G-2-103.
8118          (b) "Public information" means:
8119          (i) a record of a state governmental entity, a local governmental entity, or an
8120     independent entity that is classified as public under Title 63G, Chapter 2, Government Records
8121     Access and Management Act; or
8122          (ii) subject to any specific limitations and requirements regarding the provision of
8123     financial information from the entity under Section 67-3-12, for an entity that is exempt from
8124     Title 63G, Chapter 2, Government Records Access and Management Act, records that would
8125     normally be classified as public if the entity were not exempt from Title 63G, Chapter 2,
8126     Government Records Access and Management Act.
8127          (c) "Private, controlled, or protected information" means information classified as

8128     private, controlled, or protected under Title 63G, Chapter 2, Government Records Access and
8129     Management Act.
8130          (d) "Website" means the Utah Open Data Portal Website created in this section.
8131          (2) There is created the Utah Open Data Portal Website to be administered by the
8132     department.
8133          (3) The website shall serve as a point of access for public information.
8134          (4) The department shall:
8135          (a) establish and maintain the website, guided by the principles described in Subsection
8136     63A-16-202(2);
8137          (b) provide equipment, resources, and personnel as needed to establish and maintain
8138     the website;
8139          (c) provide a mechanism for a governmental entity to gain access to the website for the
8140     purpose of posting and modifying public information; and
8141          (d) maintain an archive of all public information posted to the website.
8142          (5) The timing for posting and the content of the public information posted to the
8143     website is the responsibility of the governmental entity posting the public information.
8144          (6) A governmental entity may not post private, controlled, or protected information to
8145     the website.
8146          (7) A person who negligently discloses private, controlled, or protected information is
8147     not criminally or civilly liable for improper disclosure of the information if the information is
8148     disclosed solely as a result of the preparation or publication of the website.
8149          Section 135. Section 63G-4-107 is amended to read:
8150          63G-4-107. Petition to remove agency action from public access.
8151          (1) An individual may petition the agency that maintains, on a state-controlled website
8152     available to the public, a record of administrative disciplinary action, to remove the record of
8153     administrative disciplinary action from public access on the state-controlled website, if:
8154          (a) (i) five years have passed since:

8155          (A) the date the final order was issued; or
8156          (B) if no final order was issued, the date the administrative disciplinary action was
8157     commenced; or
8158          (ii) the individual has obtained a criminal expungement order under Title 77, Chapter
8159     40, Utah Expungement Act, for the individual's criminal records related to the same incident or
8160     conviction upon which the administrative disciplinary action was based;
8161          (b) the individual has successfully completed all action required by the agency relating
8162     to the administrative disciplinary action within the time frame set forth in the final order, or if
8163     no time frame is specified in the final order, within the time frame set forth in Title 63G,
8164     Chapter 4, Administrative Procedures Act;
8165          (c) from the time that the original administrative disciplinary action was filed, the
8166     individual has not violated the same statutory provisions or administrative rules related to those
8167     statutory provisions that resulted in the original administrative disciplinary action; and
8168          (d) the individual pays an application fee determined by the agency in accordance with
8169     Section 63J-1-504.
8170          (2) The individual petitioning the agency under Subsection (1) shall provide the agency
8171     with a written request containing the following information:
8172          (a) the petitioner's full name, address, telephone number, and date of birth;
8173          (b) the information the petitioner seeks to remove from public access; and
8174          (c) an affidavit certifying that the petitioner is in compliance with the provisions of
8175     Subsection (1).
8176          (3) Within 30 days of receiving the documents and information described in
8177     Subsection (2):
8178          (a) the agency shall review the petition and all documents submitted with the petition
8179     to determine whether the petitioner has met the requirements of Subsections (1) and (2); and
8180          (b) if the agency determines that the petitioner has met the requirements of Subsections
8181     (1) and (2), the agency shall immediately remove the record of administrative disciplinary

8182     action from public access on the state-controlled website.
8183          (4) Notwithstanding the provisions of Subsection (3), an agency is not required to
8184     remove a recording, written minutes, or other electronic information from the Utah Public
8185     Notice Website, created under Section [63F-1-701] 63A-12-201, if the recording, written
8186     minutes, or other electronic information is required to be available to the public on the Utah
8187     Public Notice Website under the provisions of Title 52, Chapter 4, Open and Public Meetings
8188     Act.
8189          Section 136. Section 63G-9-303 is amended to read:
8190          63G-9-303. Meeting to examine claims -- Notice of meeting.
8191          (1) At least 60 days preceding the annual general session of the Legislature, the board
8192     shall hold a session for the purpose of examining the claims referred to in Section 63G-9-302,
8193     and may adjourn from time to time until the work is completed.
8194          (2) The board shall cause notice of such meeting or meetings to be published on the
8195     Utah Public Notice Website created in Section [63F-1-701] 63A-12-201.
8196          Section 137. Section 63H-1-701 is amended to read:
8197          63H-1-701. Annual authority budget -- Fiscal year -- Public hearing required --
8198     Auditor forms -- Requirement to file form.
8199          (1) The authority shall prepare and its board adopt an annual budget of revenues and
8200     expenditures for the authority for each fiscal year.
8201          (2) Each annual authority budget shall be adopted before June 30.
8202          (3) The authority's fiscal year shall be the period from July 1 to the following June 30.
8203          (4) (a) Before adopting an annual budget, the authority board shall hold a public
8204     hearing on the annual budget.
8205          (b) The authority shall provide notice of the public hearing on the annual budget by
8206     publishing notice:
8207          (i) at least once in a newspaper of general circulation within the state, one week before
8208     the public hearing; and

8209          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
8210     at least one week immediately before the public hearing.
8211          (c) The authority shall make the annual budget available for public inspection at least
8212     three days before the date of the public hearing.
8213          (5) The state auditor shall prescribe the budget forms and the categories to be contained
8214     in each authority budget, including:
8215          (a) revenues and expenditures for the budget year;
8216          (b) legal fees; and
8217          (c) administrative costs, including rent, supplies, and other materials, and salaries of
8218     authority personnel.
8219          (6) (a) Within 30 days after adopting an annual budget, the authority board shall file a
8220     copy of the annual budget with the auditor of each county in which a project area of the
8221     authority is located, the State Tax Commission, the state auditor, the State Board of Education,
8222     and each taxing entity that levies a tax on property from which the authority collects property
8223     tax allocation.
8224          (b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
8225     state as a taxing entity is met if the authority files a copy with the State Tax Commission and
8226     the state auditor.
8227          Section 138. Section 63H-2-502 is amended to read:
8228          63H-2-502. Annual authority budget -- Auditor forms -- Requirement to file
8229     form.
8230          (1) (a) The authority shall prepare an annual budget of revenues and expenditures for
8231     the authority for each fiscal year.
8232          (b) Before June 30 of each year and subject to the other provisions of this section, the
8233     board shall adopt an annual budget of revenues and expenditures of the authority for the
8234     immediately following fiscal year.
8235          (2) (a) Before adopting an annual budget, the board shall hold a public hearing on the

8236     annual budget.
8237          (b) Before holding the public hearing required by this Subsection (2), the board shall
8238     post notice of the public hearing on the Utah Public Notice Website created under Section
8239     [63F-1-701] 63A-12-201 no less than 14 days before the day on which the public hearing is to
8240     be held.
8241          (3) The state auditor shall prescribe the budget forms and the categories to be contained
8242     in each annual budget of the authority, including:
8243          (a) revenues and expenditures for the budget year;
8244          (b) the outstanding bonds and related expenses;
8245          (c) legal fees; and
8246          (d) administrative costs, including:
8247          (i) rent;
8248          (ii) supplies;
8249          (iii) other materials; and
8250          (iv) salaries of authority personnel.
8251          (4) Within 30 days after adopting an annual budget, the board shall file a copy of the
8252     annual budget with:
8253          (a) the State Tax Commission; and
8254          (b) the state auditor.
8255          (5) (a) Subject to Subsection (5)(b), the board may by resolution amend an annual
8256     budget of the authority.
8257          (b) The board may make an amendment of an annual budget that would increase total
8258     expenditures of the authority only after:
8259          (i) holding a public hearing; and
8260          (ii) before holding the public hearing required by this Subsection (5)(b), posting notice
8261     of the public hearing on the Utah Public Notice Website created under Section [63F-1-701]
8262     63A-12-201 no less than 14 days before the day on which the public hearing is to be held.

8263          (6) The authority may not make expenditures in excess of the total expenditures
8264     established in the annual budget as it is adopted or amended.
8265          Section 139. Section 63H-4-108 is amended to read:
8266          63H-4-108. Relation to certain acts -- Participation in Risk Management Fund.
8267          (1) The authority is exempt from:
8268          (a) Title 51, Chapter 5, Funds Consolidation Act;
8269          (b) [except as provided in Subsection (2)(b),] Title 63A, Utah Administrative Services
8270     Code;
8271          (c) Title 63J, Chapter 1, Budgetary Procedures Act; and
8272          (d) Title 67, Chapter 19, Utah State Personnel Management Act.
8273          (2) The authority is subject to:
8274          (a) Title 52, Chapter 4, Open and Public Meetings Act;
8275          (b) [Title 63A, Chapter 1, Part 2, Utah Public Finance Website] Section 67-3-12;
8276          (c) Title 63G, Chapter 2, Government Records Access and Management Act; and
8277          (d) Title 63G, Chapter 6a, Utah Procurement Code.
8278          (3) The authority is subject to audit by the state auditor pursuant to Title 67, Chapter 3,
8279     Auditor, and by the legislative auditor general pursuant to Section 36-12-15.
8280          (4) Subject to the requirements of Subsection 63E-1-304(2), the authority may
8281     participate in coverage under the Risk Management Fund created by Section 63A-4-201.
8282          Section 140. Section 63H-5-108 is amended to read:
8283          63H-5-108. Relation to certain acts.
8284          (1) The authority is exempt from:
8285          (a) Title 51, Chapter 5, Funds Consolidation Act;
8286          (b) [except as provided in Subsection (2)(b),] Title 63A, Utah Administrative Services
8287     Code;
8288          (c) Title 63J, Chapter 1, Budgetary Procedures Act; and
8289          (d) Title 67, Chapter 19, Utah State Personnel Management Act.

8290          (2) The authority is subject to:
8291          (a) Title 52, Chapter 4, Open and Public Meetings Act;
8292          (b) [Title 63A, Chapter 1, Part 2, Utah Public Finance Website] Section 67-3-12;
8293          (c) Title 63G, Chapter 2, Government Records Access and Management Act;
8294          (d) Title 63G, Chapter 6a, Utah Procurement Code; and
8295          (e) audit by the state auditor pursuant to Title 67, Chapter 3, Auditor, and by the
8296     legislative auditor general pursuant to Section 36-12-15.
8297          Section 141. Section 63H-6-103 is amended to read:
8298          63H-6-103. Utah State Fair Corporation -- Legal status -- Powers.
8299          (1) There is created an independent public nonprofit corporation known as the "Utah
8300     State Fair Corporation."
8301          (2) The board shall file articles of incorporation for the corporation with the Division
8302     of Corporations and Commercial Code.
8303          (3) The corporation, subject to this chapter, has all powers and authority permitted
8304     nonprofit corporations by law.
8305          (4) The corporation shall:
8306          (a) manage, supervise, and control:
8307          (i) all activities relating to the annual exhibition described in Subsection (4)(j); and
8308          (ii) except as otherwise provided by statute, all state expositions, including setting the
8309     time, place, and purpose of any state exposition;
8310          (b) for public entertainment, displays, and exhibits or similar events:
8311          (i) provide, sponsor, or arrange the events;
8312          (ii) publicize and promote the events; and
8313          (iii) secure funds to cover the cost of the exhibits from:
8314          (A) private contributions;
8315          (B) public appropriations;
8316          (C) admission charges; and

8317          (D) other lawful means;
8318          (c) acquire and designate exposition sites;
8319          (d) use generally accepted accounting principles in accounting for the corporation's
8320     assets, liabilities, and operations;
8321          (e) seek corporate sponsorships for the state fair park or for individual buildings or
8322     facilities within the fair park;
8323          (f) work with county and municipal governments, the Salt Lake Convention and
8324     Visitor's Bureau, the Utah Travel Council, and other entities to develop and promote
8325     expositions and the use of the state fair park;
8326          (g) develop and maintain a marketing program to promote expositions and the use of
8327     the state fair park;
8328          (h) in accordance with provisions of this part, operate and maintain the state fair park,
8329     including the physical appearance and structural integrity of the state fair park and the
8330     buildings located at the state fair park;
8331          (i) prepare an economic development plan for the state fair park;
8332          (j) hold an annual exhibition that:
8333          (i) is called the state fair or a similar name;
8334          (ii) promotes and highlights agriculture throughout the state;
8335          (iii) includes expositions of livestock, poultry, agricultural, domestic science,
8336     horticultural, floricultural, mineral and industrial products, manufactured articles, and domestic
8337     animals that, in the corporation's opinion will best stimulate agricultural, industrial, artistic, and
8338     educational pursuits and the sharing of talents among the people of Utah;
8339          (iv) includes the award of premiums for the best specimens of the exhibited articles
8340     and animals;
8341          (v) permits competition by livestock exhibited by citizens of other states and territories
8342     of the United States; and
8343          (vi) is arranged according to plans approved by the board;

8344          (k) fix the conditions of entry to the annual exhibition described in Subsection (4)(j);
8345     and
8346          (l) publish a list of premiums that will be awarded at the annual exhibition described in
8347     Subsection (4)(j) for the best specimens of exhibited articles and animals.
8348          (5) In addition to the annual exhibition described in Subsection (4)(j), the corporation
8349     may hold other exhibitions of livestock, poultry, agricultural, domestic science, horticultural,
8350     floricultural, mineral and industrial products, manufactured articles, and domestic animals that,
8351     in the corporation's opinion, will best stimulate agricultural, industrial, artistic, and educational
8352     pursuits and the sharing of talents among the people of Utah.
8353          (6) The corporation may:
8354          (a) employ advisers, consultants, and agents, including financial experts and
8355     independent legal counsel, and fix their compensation;
8356          (b) (i) participate in the state's Risk Management Fund created under Section
8357     63A-4-201; or
8358          (ii) procure insurance against any loss in connection with the corporation's property
8359     and other assets, including mortgage loans;
8360          (c) receive and accept aid or contributions of money, property, labor, or other things of
8361     value from any source, including any grants or appropriations from any department, agency, or
8362     instrumentality of the United States or Utah;
8363          (d) hold, use, loan, grant, and apply that aid and those contributions to carry out the
8364     purposes of the corporation, subject to the conditions, if any, upon which the aid and
8365     contributions were made;
8366          (e) enter into management agreements with any person or entity for the performance of
8367     the corporation's functions or powers;
8368          (f) establish whatever accounts and procedures as necessary to budget, receive, and
8369     disburse, account for, and audit all funds received, appropriated, or generated;
8370          (g) subject to Subsection (8), lease any of the facilities at the state fair park;

8371          (h) sponsor events as approved by the board; and
8372          (i) enter into one or more agreements to develop the state fair park.
8373          (7) (a) Except as provided in Subsection (7)(c), as an independent agency of Utah, the
8374     corporation is exempt from:
8375          (i) Title 51, Chapter 5, Funds Consolidation Act;
8376          (ii) Title 51, Chapter 7, State Money Management Act;
8377          (iii) Title 63A, Utah Administrative Services Code;
8378          (iv) Title 63J, Chapter 1, Budgetary Procedures Act; and
8379          (v) Title 67, Chapter 19, Utah State Personnel Management Act.
8380          (b) The board shall adopt policies parallel to and consistent with:
8381          (i) Title 51, Chapter 5, Funds Consolidation Act;
8382          (ii) Title 51, Chapter 7, State Money Management Act;
8383          (iii) Title 63A, Utah Administrative Services Code; and
8384          (iv) Title 63J, Chapter 1, Budgetary Procedures Act.
8385          (c) The corporation shall comply with:
8386          (i) Title 52, Chapter 4, Open and Public Meetings Act;
8387          (ii) Title 63G, Chapter 2, Government Records Access and Management Act;
8388          (iii) the provisions of [Title 63A, Chapter 1, Part 2, Utah Public Finance Website]
8389     Section 67-3-12;
8390          (iv) Title 63G, Chapter 6a, Utah Procurement Code, except for a procurement for:
8391          (A) entertainment provided at the state fair park;
8392          (B) judges for competitive exhibits; or
8393          (C) sponsorship of an event at the state fair park; and
8394          (v) the legislative approval requirements for new facilities established in Section
8395     63A-5b-404.
8396          (8) (a) Before the corporation executes a lease described in Subsection (6)(g) with a
8397     term of 10 or more years, the corporation shall:

8398          (i) submit the proposed lease to the State Building Board for the State Building Board's
8399     approval or rejection; and
8400          (ii) if the State Building Board approves the proposed lease, submit the proposed lease
8401     to the Executive Appropriations Committee for the Executive Appropriation Committee's
8402     review and recommendation in accordance with Subsection (8)(b).
8403          (b) The Executive Appropriations Committee shall review a proposed lease submitted
8404     in accordance with Subsection (8)(a) and recommend to the corporation that the corporation:
8405          (i) execute the proposed sublease; or
8406          (ii) reject the proposed sublease.
8407          Section 142. Section 63H-7a-104 is amended to read:
8408          63H-7a-104. Relation to certain acts.
8409          (1) The authority is exempt from:
8410          (a) Title 51, Chapter 5, Funds Consolidation Act;
8411          (b) [except as provided in Subsection (2)(b),] Title 63A, Utah Administrative Services
8412     Code;
8413          (c) Title 63J, Chapter 1, Budgetary Procedures Act; and
8414          (d) Title 67, Chapter 19, Utah State Personnel Management Act.
8415          (2) The authority is subject to:
8416          (a) Title 52, Chapter 4, Open and Public Meetings Act;
8417          (b) [Title 63A, Chapter 1, Part 2, Utah Public Finance Website] Section 67-3-12;
8418          (c) Title 63G, Chapter 2, Government Records Access and Management Act; and
8419          (d) Title 63G, Chapter 6a, Utah Procurement Code.
8420          Section 143. Section 63H-7a-803 is amended to read:
8421          63H-7a-803. Relation to certain acts -- Participation in Risk Management Fund.
8422          (1) The Utah Communications Authority is exempt from:
8423          (a) except as provided in Subsection (3), Title 63A, Utah Administrative Services
8424     Code;

8425          (b) Title 63G, Chapter 4, Administrative Procedures Act; and
8426          (c) Title 67, Chapter 19, Utah State Personnel Management Act.
8427          (2) (a) The board shall adopt budgetary procedures, accounting, and personnel and
8428     human resource policies substantially similar to those from which they have been exempted in
8429     Subsection (1).
8430          (b) The authority, the board, and the committee members are subject to Title 67,
8431     Chapter 16, Utah Public Officers' and Employees' Ethics Act.
8432          (c) The authority is subject to Title 52, Chapter 4, Open and Public Meetings Act.
8433          (d) The authority is subject to Title 63G, Chapter 6a, Utah Procurement Code.
8434          (e) The authority is subject to Title 63J, Chapter 1, Budgetary Procedures Act, only
8435     with respect to money appropriated to the authority by the Legislature.
8436          (3) (a) Subject to the requirements of Subsection 63E-1-304(2), the administration may
8437     participate in coverage under the Risk Management Fund created by Section 63A-4-201.
8438          (b) The authority is subject to [Title 63A, Chapter 1, Part 2, Utah Public Finance
8439     Website] Section 67-3-12.
8440          Section 144. Section 63H-8-204 is amended to read:
8441          63H-8-204. Relation to certain acts.
8442          (1) The corporation is exempt from:
8443          (a) Title 51, Chapter 5, Funds Consolidation Act;
8444          (b) Title 51, Chapter 7, State Money Management Act;
8445          (c) [except as provided in Subsection (2),] Title 63A, Utah Administrative Services
8446     Code;
8447          (d) Title 63G, Chapter 6a, Utah Procurement Code;
8448          (e) Title 63J, Chapter 1, Budgetary Procedures Act;
8449          (f) Title 63J, Chapter 2, Revenue Procedures and Control Act; and
8450          (g) Title 67, Chapter 19, Utah State Personnel Management Act.
8451          (2) The corporation shall comply with:

8452          (a) Title 52, Chapter 4, Open and Public Meetings Act;
8453          (b) [Title 63A, Chapter 1, Part 2, Utah Public Finance Website] Section 67-3-12; and
8454          (c) Title 63G, Chapter 2, Government Records Access and Management Act.
8455          Section 145. Section 63I-1-263 is amended to read:
8456          63I-1-263. Repeal dates, Titles 63A to 63N.
8457          (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
8458          [(a) Subsection 63A-1-201(1) is repealed;]
8459          [(b) Subsection 63A-1-202(2)(c), the language "using criteria established by the board"
8460     is repealed;]
8461          [(c) Section 63A-1-203 is repealed;]
8462          [(d) Subsections 63A-1-204(1) and (2), the language "After consultation with the
8463     board, and" is repealed; and]
8464          [(e) Subsection 63A-1-204(1)(b), the language "using the standards provided in
8465     Subsection 63A-1-203(3)(c)" is repealed.]
8466          (a) Section 63A-16-102 is repealed;
8467          (b) Section 63A-16-201 is repealed; and
8468          (c) Section 63A-16-202 is repealed.
8469          (2) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
8470     improvement funding, is repealed July 1, 2024.
8471          (3) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
8472     2023.
8473          (4) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
8474     Committee, are repealed July 1, 2023.
8475          (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
8476     1, 2028.
8477          (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
8478     2025.

8479          (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
8480     2024.
8481          (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
8482     repealed July 1, 2021.
8483          (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
8484     July 1, 2023.
8485          (10) Title 63C, Chapter 21, Outdoor Adventure Commission, is repealed July 1, 2025.
8486          (11) Title 63F, Chapter 2, Data Security Management Council, is repealed July 1,
8487     2025.
8488          (12) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
8489     Advisory Board, is repealed July 1, 2026.
8490          (13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
8491     2025.
8492          (14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
8493     2024.
8494          (15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
8495          (16) Subsection 63J-1-602.1(14), Nurse Home Visiting Restricted Account is repealed
8496     July 1, 2026.
8497          (17) (a) Subsection 63J-1-602.1(58), relating to the Utah Statewide Radio System
8498     Restricted Account, is repealed July 1, 2022.
8499          (b) When repealing Subsection 63J-1-602.1(58), the Office of Legislative Research and
8500     General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
8501     necessary changes to subsection numbering and cross references.
8502          (18) Subsection 63J-1-602.2(4), referring to dedicated credits to the Utah Marriage
8503     Commission, is repealed July 1, 2023.
8504          (19) Subsection 63J-1-602.2(5), referring to the Trip Reduction Program, is repealed
8505     July 1, 2022.

8506          (20) Subsection 63J-1-602.2(25), related to the Utah Seismic Safety Commission, is
8507     repealed January 1, 2025.
8508          (21) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is
8509     repealed July 1, 2027.
8510          (22) Subsection 63J-4-608(3), which creates the Federal Land Application Advisory
8511     Committee, is repealed on July 1, 2021.
8512          (23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
8513     January 1, 2023:
8514          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
8515     repealed;
8516          (b) Section 63M-7-305, the language that states "council" is replaced with
8517     "commission";
8518          (c) Subsection 63M-7-305(1) is repealed and replaced with:
8519          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
8520          (d) Subsection 63M-7-305(2) is repealed and replaced with:
8521          "(2) The commission shall:
8522          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
8523     Drug-Related Offenses Reform Act; and
8524          (b) coordinate the implementation of Section 77-18-1.1 and related provisions in
8525     Subsections 77-18-1(5)(b)(iii) and (iv).".
8526          (24) The Crime Victim Reparations and Assistance Board, created in Section
8527     63M-7-504, is repealed July 1, 2027.
8528          (25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
8529     1, 2022.
8530          (26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2021.
8531          (27) Subsection 63N-1-301(4)(c), related to the Talent Ready Utah Board, is repealed
8532     January 1, 2023.

8533          (28) Title 63N, Chapter 1, Part 5, Governor's Economic Development Coordinating
8534     Council, is repealed July 1, 2024.
8535          (29) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
8536          (30) Section 63N-2-512 is repealed July 1, 2021.
8537          (31) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
8538     January 1, 2021.
8539          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
8540     calendar years beginning on or after January 1, 2021.
8541          (c) Notwithstanding Subsection (31)(b), an entity may carry forward a tax credit in
8542     accordance with Section 59-9-107 if:
8543          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
8544     31, 2020; and
8545          (ii) the qualified equity investment that is the basis of the tax credit is certified under
8546     Section 63N-2-603 on or before December 31, 2023.
8547          (32) Subsections 63N-3-109(2)(e) and 63N-3-109(2)(f)(i) are repealed July 1, 2023.
8548          (33) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
8549     July 1, 2023.
8550          (34) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed July 1,
8551     2025.
8552          (35) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
8553     is repealed January 1, 2023.
8554          (36) Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed January 1,
8555     2023.
8556          Section 146. Section 63I-2-263 is amended to read:
8557          63I-2-263. Repeal dates, Title 63A to Title 63N.
8558          [(1) On July 1, 2020:]
8559          [(a) Subsection 63A-1-203(5)(a)(i) is repealed; and]

8560          [(b) in Subsection 63A-1-203(5)(a)(ii), the language that states "appointed on or after
8561     May 8, 2018," is repealed.]
8562          [(2)] (1) Section 63A-3-111 is repealed June 30, 2021.
8563          [(3)] (2) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
8564     repealed July 1, 2021.
8565          [(4)] (3) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
8566     Commission is repealed July 1, 2023.
8567          [(5)] (4) The following sections regarding the World War II Memorial Commission are
8568     repealed on July 1, 2022:
8569          (a) Section 63G-1-801;
8570          (b) Section 63G-1-802;
8571          (c) Section 63G-1-803; and
8572          (d) Section 63G-1-804.
8573          [(6)] (5) Subsections 63G-6a-802(1)(d) and 63G-6a-802(3)(b)(iii), regarding a
8574     procurement relating to a vice presidential debate, are repealed January 1, 2021.
8575          [(7)] (6) In relation to the State Fair Park Committee, on January 1, 2021:
8576          (a) Section 63H-6-104.5 is repealed; and
8577          (b) Subsections 63H-6-104(8) and (9) are repealed.
8578          [(8)] (7) Section 63H-7a-303 is repealed July 1, 2024.
8579          [(9)] (8) Subsection 63J-1-206(3)(c), relating to coronavirus, is repealed July 1, 2021.
8580          [(10)] (9) In relation to the Employability to Careers Program Board, on July 1, 2022:
8581          (a) Subsection 63J-1-602.1(57) is repealed;
8582          (b) Subsection 63J-4-301(1)(h), related to the review of data and metrics, is repealed;
8583     and
8584          (c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
8585          [(11)] (10) Title 63M, Chapter 4, Part 8, Voluntary Home Energy Information Pilot
8586     Program Act, is repealed January 1, 2022.

8587          [(12)] (11) Sections 63M-7-213 and 63M-7-213.5 are repealed on January 1, 2023.
8588          [(13)] (12) Subsection 63N-12-508(3) is repealed December 31, 2021.
8589          [(14)] (13) Title 63N, Chapter 13, Part 3, Facilitating Public-Private Partnerships Act,
8590     is repealed January 1, 2024.
8591          [(15)] (14) Title 63N, Chapter 15, COVID-19 Economic Recovery Programs, is
8592     repealed December 31, 2021.
8593          Section 147. Section 63M-4-402 is amended to read:
8594          63M-4-402. In-state generator need -- Merchant electric transmission line.
8595          (1) As used in this section:
8596          (a) "Capacity allocation process" means the process outlined by the Federal Energy
8597     Regulatory Commission in its final policy statement dated January 17, 2013, "Allocation of
8598     Capacity on New Merchant Transmission Projects and New Cost-Based, Participant-Funded
8599     Transmission Projects, Priority Rights to New Participant-Funded Transmission," 142 F.E.R.C.
8600     P61,038 (2013).
8601          (b) "Certificate of in-state need" means a certificate issued by the office in accordance
8602     with this section identifying an in-state generator that meets the requirements and qualifications
8603     of this section.
8604          (c) "Expression of need" means a document prepared and submitted to the office by an
8605     in-state merchant generator that describes or otherwise documents the transmission needs of
8606     the in-state merchant generator in conformance with the requirements of this section.
8607          (d) "In-state merchant generator" means an electric power provider that generates
8608     power in Utah and does not provide service to retail customers within the boundaries of Utah.
8609          (e) "Merchant electric transmission line" means a transmission line that does not
8610     provide electricity to retail customers within the boundaries of Utah.
8611          (f) "Office" means the Office of Energy Development established in Section
8612     63M-4-401.
8613          (g) "Open solicitation notice" means a document prepared and submitted to the office

8614     by a merchant electric transmission line regarding the commencement of the line's open
8615     solicitation in compliance with 142 F.E.R.C. P61,038 (2013).
8616          (2) As part of the capacity allocation process, a merchant electric transmission line
8617     shall file an open solicitation notice with the office containing a description of the merchant
8618     electric transmission line, including:
8619          (a) the proposed capacity;
8620          (b) the location of potential interconnection for in-state merchant generators;
8621          (c) the planned date for commencement of construction; and
8622          (d) the planned commercial operations date.
8623          (3) Upon receipt of the open solicitation notice, the office shall:
8624          (a) publish the notice on the Utah Public Notice Website created under Section
8625     [63F-1-701] 63A-12-201;
8626          (b) include in the notice contact information; and
8627          (c) provide the deadline date for submission of an expression of need.
8628          (4) (a) In response to the open solicitation notice published by the office, and no later
8629     than 30 days after publication of the notice, an in-state merchant generator may submit an
8630     expression of need to the office.
8631          (b) An expression of need submitted under Subsection (4)(a) shall include:
8632          (i) a description of the in-state merchant generator; and
8633          (ii) a schedule of transmission capacity requirement provided in megawatts, by point of
8634     receipt and point of delivery and by operating year.
8635          (5) No later than 60 days after notice is published under Subsection (3), the office shall
8636     prepare a certificate of in-state need identifying the in-state merchant generators.
8637          (6) Within five days of preparing the certificate of in-state need, the office shall:
8638          (a) publish the certificate on the Utah Public Notice Website created under Section
8639     [63F-1-701] 63A-12-201; and
8640          (b) provide the certificate to the merchant electric transmission line for consideration in

8641     the capacity allocation process.
8642          (7) The merchant electric transmission line shall:
8643          (a) provide the Federal Energy Regulatory Commission with a copy of the certificate of
8644     in-state need; and
8645          (b) certify that the certificate is being provided to the Federal Energy Regulatory
8646     Commission in accordance with the requirements of this section, including a citation to this
8647     section.
8648          (8) At the conclusion of the capacity allocation process, and unless prohibited by a
8649     contractual obligation of confidentiality, the merchant electric transmission line shall report to
8650     the office whether a merchant in-state generator reflected on the certificate of in-state need has
8651     entered into a transmission service agreement with the merchant electric transmission line.
8652          (9) This section may not be interpreted to:
8653          (a) create an obligation of a merchant electric transmission line to pay for, or construct
8654     any portion of, the transmission line on behalf of an in-state merchant generator; or
8655          (b) preempt, supersede, or otherwise conflict with Federal Energy Regulatory
8656     Commission rules and regulations applicable to a commercial transmission agreement,
8657     including agreements, or terms of agreements, as to cost, terms, transmission capacity, or key
8658     rates.
8659          (10) Subsections (2) through (9) do not apply to a project entity as defined in Section
8660     11-13-103.
8661          Section 148. Section 67-1-2.5 is amended to read:
8662          67-1-2.5. Executive boards -- Database -- Governor's review of new boards.
8663          (1) As used in this section:
8664          (a) "Administrator" means the boards and commissions administrator designated under
8665     Subsection (3).
8666          (b) "Executive board" means an executive branch board, commission, council,
8667     committee, working group, task force, study group, advisory group, or other body:

8668          (i) with a defined limited membership;
8669          (ii) that is created by the constitution, by statute, by executive order, by the governor,
8670     lieutenant governor, attorney general, state auditor, or state treasurer or by the head of a
8671     department, division, or other administrative subunit of the executive branch of state
8672     government; and
8673          (iii) that is created to operate for more than six months.
8674          (2) (a) Except as provided in Subsection (2)(c), before August 1 of the calendar year
8675     following the year in which a new executive board is created in statute, the governor shall:
8676          (i) review the executive board to evaluate:
8677          (A) whether the executive board accomplishes a substantial governmental interest; and
8678          (B) whether it is necessary for the executive board to remain in statute;
8679          (ii) in the governor's review described in Subsection (2)(a)(i), consider:
8680          (A) the funding required for the executive board;
8681          (B) the staffing resources required for the executive board;
8682          (C) the time members of the executive board are required to commit to serve on the
8683     executive board; and
8684          (D) whether the responsibilities of the executive board could reasonably be
8685     accomplished through an existing entity or without statutory direction; and
8686          (iii) submit a report to the Government Operations Interim Committee recommending
8687     that the Legislature:
8688          (A) repeal the executive board;
8689          (B) add a sunset provision or future repeal date to the executive board;
8690          (C) make other changes to make the executive board more efficient; or
8691          (D) make no changes to the executive board.
8692          (b) In conducting the evaluation described in Subsection (2)(a), the governor shall give
8693     deference to:
8694          (i) reducing the size of government; and

8695          (ii) making governmental programs more efficient and effective.
8696          (c) The governor is not required to conduct the review or submit the report described in
8697     Subsection (2)(a) for an executive board that is scheduled for repeal under Title 63I, Chapter 1,
8698     Legislative Oversight and Sunset Act, or Title 63I, Chapter 2, Repeal Dates by Title Act.
8699          (3) (a) The governor shall designate a board and commissions administrator from the
8700     governor's staff to maintain a computerized database containing information about all
8701     executive boards.
8702          (b) The administrator shall ensure that the database contains:
8703          (i) the name of each executive board;
8704          (ii) the current statutory or constitutional authority for the creation of the executive
8705     board;
8706          (iii) the sunset date on which each executive board's statutory authority expires;
8707          (iv) the state officer or department and division of state government under whose
8708     jurisdiction the executive board operates or with which the executive board is affiliated, if any;
8709          (v) the name, address, gender, telephone number, and county of each individual
8710     currently serving on the executive board, along with a notation of all vacant or unfilled
8711     positions;
8712          (vi) the title of the position held by the person who appointed each member of the
8713     executive board;
8714          (vii) the length of the term to which each member of the executive board was
8715     appointed and the month and year that each executive board member's term expires;
8716          (viii) whether members appointed to the executive board require the advice and
8717     consent of the Senate;
8718          (ix) the organization, interest group, profession, local government entity, or geographic
8719     area that an individual appointed to an executive board represents, if any;
8720          (x) the party affiliation of an individual appointed to an executive board, if the statute
8721     or executive order creating the position requires representation from political parties;

8722          (xi) whether each executive board is a policy board or an advisory board;
8723          (xii) whether the executive board has or exercises rulemaking authority, or is a
8724     rulemaking board as defined in Section 63G-24-102; and
8725          (xiii) any compensation and expense reimbursement that members of the executive
8726     board are authorized to receive.
8727          (4) The administrator shall ensure the governor's website includes:
8728          (a) the information contained in the database, except for an individual's:
8729          (i) physical address;
8730          (ii) email address; and
8731          (iii) telephone number;
8732          (b) a portal, accessible on each executive board's web page within the governor's
8733     website, through which a member of the public may provide input on:
8734          (i) an individual appointed to serve on the executive board; or
8735          (ii) a sitting member of the executive board;
8736          (c) each report the administrator receives under Subsection (5); and
8737          (d) the summary report described in Subsection (6).
8738          (5) (a) Before August 1, once every five years, beginning in calendar year 2024, each
8739     executive board shall prepare and submit to the administrator a report that includes:
8740          (i) the name of the executive board;
8741          (ii) a description of the executive board's official function and purpose;
8742          (iii) a description of the actions taken by the executive board since the last report the
8743     executive board submitted to the administrator under this Subsection (5);
8744          (iv) recommendations on whether any statutory, rule, or other changes are needed to
8745     make the executive board more effective; and
8746          (v) an indication of whether the executive board should continue to exist.
8747          (b) The administrator shall compile and post the reports described in Subsection (5)(a)
8748     to the governor's website before September 1 of a calendar year in which the administrator

8749     receives a report described in Subsection (5)(a).
8750          (6) (a) Before September 1 of a calendar year in which the administrator receives a
8751     report described in Subsection (5)(a), the administrator shall prepare a report that includes:
8752          (i) as of July 1 of that year, the total number of executive boards that exist;
8753          (ii) a summary of the reports submitted to the administrator under Subsection (5),
8754     including:
8755          (A) a list of each executive board that submitted a report under Subsection (5);
8756          (B) a list of each executive board that did not submit a report under Subsection (5);
8757          (C) an indication of any recommendations made under Subsection (5)(a)(iv); and
8758          (D) a list of any executive boards that indicated under Subsection (5)(a)(v) that the
8759     executive board should no longer exist; and
8760          (iii) a list of each executive board, identified and reported by the Division of Archives
8761     and Record Services under Section [63F-1-701] 63A-12-201, that did not post a notice of a
8762     public meeting on the [public notice website] Utah Public Notice Website during the previous
8763     fiscal year.
8764          (b) On or before September 1 of a calendar year in which the administrator prepares a
8765     report described in Subsection (6)(a), in accordance with Section 68-3-14, the administrator
8766     shall submit the report to:
8767          (i) the president of the Senate;
8768          (ii) the speaker of the House of Representatives; and
8769          (iii) the Government Operations Interim Committee.
8770          Section 149. Section 67-3-1 is amended to read:
8771          67-3-1. Functions and duties.
8772          (1) (a) The state auditor is the auditor of public accounts and is independent of any
8773     executive or administrative officers of the state.
8774          (b) The state auditor is not limited in the selection of personnel or in the determination
8775     of the reasonable and necessary expenses of the state auditor's office.

8776          (2) The state auditor shall examine and certify annually in respect to each fiscal year,
8777     financial statements showing:
8778          (a) the condition of the state's finances;
8779          (b) the revenues received or accrued;
8780          (c) expenditures paid or accrued;
8781          (d) the amount of unexpended or unencumbered balances of the appropriations to the
8782     agencies, departments, divisions, commissions, and institutions; and
8783          (e) the cash balances of the funds in the custody of the state treasurer.
8784          (3) (a) The state auditor shall:
8785          (i) audit each permanent fund, each special fund, the General Fund, and the accounts of
8786     any department of state government or any independent agency or public corporation as the law
8787     requires, as the auditor determines is necessary, or upon request of the governor or the
8788     Legislature;
8789          (ii) perform the audits in accordance with generally accepted auditing standards and
8790     other auditing procedures as promulgated by recognized authoritative bodies;
8791          (iii) as the auditor determines is necessary, conduct the audits to determine:
8792          (A) honesty and integrity in fiscal affairs;
8793          (B) accuracy and reliability of financial statements;
8794          (C) effectiveness and adequacy of financial controls; and
8795          (D) compliance with the law.
8796          (b) If any state entity receives federal funding, the state auditor shall ensure that the
8797     audit is performed in accordance with federal audit requirements.
8798          (c) (i) The costs of the federal compliance portion of the audit may be paid from an
8799     appropriation to the state auditor from the General Fund.
8800          (ii) If an appropriation is not provided, or if the federal government does not
8801     specifically provide for payment of audit costs, the costs of the federal compliance portions of
8802     the audit shall be allocated on the basis of the percentage that each state entity's federal funding

8803     bears to the total federal funds received by the state.
8804          (iii) The allocation shall be adjusted to reflect any reduced audit time required to audit
8805     funds passed through the state to local governments and to reflect any reduction in audit time
8806     obtained through the use of internal auditors working under the direction of the state auditor.
8807          (4) (a) Except as provided in Subsection (4)(b), the state auditor shall, in addition to
8808     financial audits, and as the auditor determines is necessary, conduct performance and special
8809     purpose audits, examinations, and reviews of any entity that receives public funds, including a
8810     determination of any or all of the following:
8811          (i) the honesty and integrity of all its fiscal affairs;
8812          (ii) whether [or not its] the entity's administrators have faithfully complied with
8813     legislative intent;
8814          (iii) whether [or not its] the entity's operations have been conducted in an efficient,
8815     effective, and cost-efficient manner;
8816          (iv) whether [or not its] the entity's programs have been effective in accomplishing the
8817     intended objectives; and
8818          (v) whether [or not its] the entity's management, control, and information systems are
8819     adequate, effective, and secure.
8820          (b) The auditor may not conduct performance and special purpose audits,
8821     examinations, and reviews of any entity that receives public funds if the entity:
8822          (i) has an elected auditor; and
8823          (ii) has, within the entity's last budget year, had [its] the entity's financial statements or
8824     performance formally reviewed by another outside auditor.
8825          (5) The state auditor shall administer any oath or affirmation necessary to the
8826     performance of the duties of the auditor's office, and may subpoena witnesses and documents,
8827     whether electronic or otherwise, and examine into any matter that the auditor considers
8828     necessary.
8829          (6) The state auditor may require all persons who have had the disposition or

8830     management of any property of this state or its political subdivisions to submit statements
8831     regarding it at the time and in the form that the auditor requires.
8832          (7) The state auditor shall:
8833          (a) except where otherwise provided by law, institute suits in Salt Lake County in
8834     relation to the assessment, collection, and payment of its revenues against:
8835          (i) persons who by any means have become entrusted with public money or property
8836     and have failed to pay over or deliver the money or property; and
8837          (ii) all debtors of the state;
8838          (b) collect and pay into the state treasury all fees received by the state auditor;
8839          (c) perform the duties of a member of all boards of which the state auditor is a member
8840     by the constitution or laws of the state, and any other duties that are prescribed by the
8841     constitution and by law;
8842          (d) stop the payment of the salary of any state official or state employee who:
8843          (i) refuses to settle accounts or provide required statements about the custody and
8844     disposition of public funds or other state property;
8845          (ii) refuses, neglects, or ignores the instruction of the state auditor or any controlling
8846     board or department head with respect to the manner of keeping prescribed accounts or funds;
8847     or
8848          (iii) fails to correct any delinquencies, improper procedures, and errors brought to the
8849     official's or employee's attention;
8850          (e) establish accounting systems, methods, and forms for public accounts in all taxing
8851     or fee-assessing units of the state in the interest of uniformity, efficiency, and economy;
8852          (f) superintend the contractual auditing of all state accounts;
8853          (g) subject to Subsection (8)(a), withhold state allocated funds or the disbursement of
8854     property taxes from a state or local taxing or fee-assessing unit, if necessary, to ensure that
8855     officials and employees in those taxing units comply with state laws and procedures in the
8856     budgeting, expenditures, and financial reporting of public funds;

8857          (h) subject to Subsection (9), withhold the disbursement of tax money from any county,
8858     if necessary, to ensure that officials and employees in the county comply with Section
8859     59-2-303.1; and
8860          (i) withhold state allocated funds or the disbursement of property taxes from a local
8861     government entity or a limited purpose entity, as those terms are defined in Section 67-1a-15 if
8862     the state auditor finds the withholding necessary to ensure that the entity registers and
8863     maintains the entity's registration with the lieutenant governor, in accordance with Section
8864     67-1a-15.
8865          (8) (a) Except as otherwise provided by law, the state auditor may not withhold funds
8866     under Subsection (7)(g) until a state or local taxing or fee-assessing unit has received formal
8867     written notice of noncompliance from the auditor and has been given 60 days to make the
8868     specified corrections.
8869          (b) If, after receiving notice under Subsection (8)(a), a state or independent local
8870     fee-assessing unit that exclusively assesses fees has not made corrections to comply with state
8871     laws and procedures in the budgeting, expenditures, and financial reporting of public funds, the
8872     state auditor:
8873          (i) shall provide a recommended timeline for corrective actions; [and]
8874          (ii) may prohibit the state or local fee-assessing unit from accessing money held by the
8875     state; and
8876          (iii) may prohibit a state or local fee-assessing unit from accessing money held in an
8877     account of a financial institution by filing an action in district court requesting an order of the
8878     court to prohibit a financial institution from providing the fee-assessing unit access to an
8879     account.
8880          (c) The state auditor shall remove a limitation on accessing funds under Subsection
8881     (8)(b) upon compliance with state laws and procedures in the budgeting, expenditures, and
8882     financial reporting of public funds.
8883          (d) If a local taxing or fee-assessing unit has not adopted a budget in compliance with

8884     state law, the state auditor:
8885          (i) shall provide notice to the taxing or fee-assessing unit of the unit's failure to
8886     comply;
8887          (ii) may prohibit the taxing or fee-assessing unit from accessing money held by the
8888     state; and
8889          (iii) may prohibit a taxing or fee-assessing unit from accessing money held in an
8890     account of a financial institution by:
8891          (A) contacting the taxing or fee-assessing unit's financial institution and requesting that
8892     the institution prohibit access to the account; or
8893          (B) filing an action in district court requesting an order of the court to prohibit a
8894     financial institution from providing the taxing or fee-assessing unit access to an account.
8895          (e) If the local taxing or fee-assessing unit adopts a budget in compliance with state
8896     law, the state auditor shall eliminate a limitation on accessing funds described in Subsection
8897     (8)(d).
8898          (9) The state auditor may not withhold funds under Subsection (7)(h) until a county has
8899     received formal written notice of noncompliance from the auditor and has been given 60 days
8900     to make the specified corrections.
8901          (10) (a) The state auditor may not withhold funds under Subsection (7)(i) until the state
8902     auditor receives a notice of non-registration, as that term is defined in Section 67-1a-15.
8903          (b) If the state auditor receives a notice of non-registration, the state auditor may
8904     prohibit the local government entity or limited purpose entity, as those terms are defined in
8905     Section 67-1a-15, from accessing:
8906          (i) money held by the state; and
8907          (ii) money held in an account of a financial institution by:
8908          (A) contacting the entity's financial institution and requesting that the institution
8909     prohibit access to the account; or
8910          (B) filing an action in district court requesting an order of the court to prohibit a

8911     financial institution from providing the entity access to an account.
8912          (c) The state auditor shall remove the prohibition on accessing funds described in
8913     Subsection (10)(b) if the state auditor received a notice of registration, as that term is defined in
8914     Section 67-1a-15, from the lieutenant governor.
8915          (11) Notwithstanding Subsection (7)(g), (7)(h), (7)(i), (8)(b), (8)(d), or (10)(b), the
8916     state auditor:
8917          (a) shall authorize a disbursement by a local government entity or limited purpose
8918     entity, as those terms are defined in Section 67-1a-15, or a state or local taxing or fee-assessing
8919     unit if the disbursement is necessary to:
8920          (i) avoid a major disruption in the operations of the local government entity, limited
8921     purpose entity, or state or local taxing or fee-assessing unit; or
8922          (ii) meet debt service obligations; and
8923          (b) may authorize a disbursement by a local government entity, limited purpose entity,
8924     or state or local taxing or fee-assessing unit as the state auditor determines is appropriate.
8925          (12) (a) The state auditor may seek relief under the Utah Rules of Civil Procedure to
8926     take temporary custody of public funds if an action is necessary to protect public funds from
8927     being improperly diverted from their intended public purpose.
8928          (b) If the state auditor seeks relief under Subsection (12)(a):
8929          (i) the state auditor is not required to exhaust the procedures in Subsection (7) or (8);
8930     and
8931          (ii) the state treasurer may hold the public funds in accordance with Section 67-4-1 if a
8932     court orders the public funds to be protected from improper diversion from their public
8933     purpose.
8934          (13) The state auditor shall:
8935          (a) establish audit guidelines and procedures for audits of local mental health and
8936     substance abuse authorities and their contract providers, conducted pursuant to Title 17,
8937     Chapter 43, Part 2, Local Substance Abuse Authorities, Title 17, Chapter 43, Part 3, Local

8938     Mental Health Authorities, Title 51, Chapter 2a, Accounting Reports from Political
8939     Subdivisions, Interlocal Organizations, and Other Local Entities Act, and Title 62A, Chapter
8940     15, Substance Abuse and Mental Health Act; and
8941          (b) ensure that those guidelines and procedures provide assurances to the state that:
8942          (i) state and federal funds appropriated to local mental health authorities are used for
8943     mental health purposes;
8944          (ii) a private provider under an annual or otherwise ongoing contract to provide
8945     comprehensive mental health programs or services for a local mental health authority is in
8946     compliance with state and local contract requirements, and state and federal law;
8947          (iii) state and federal funds appropriated to local substance abuse authorities are used
8948     for substance abuse programs and services; and
8949          (iv) a private provider under an annual or otherwise ongoing contract to provide
8950     comprehensive substance abuse programs or services for a local substance abuse authority is in
8951     compliance with state and local contract requirements, and state and federal law.
8952          (14) The state auditor may, in accordance with the auditor's responsibilities for political
8953     subdivisions of the state as provided in Title 51, Chapter 2a, Accounting Reports from Political
8954     Subdivisions, Interlocal Organizations, and Other Local Entities Act, initiate audits or
8955     investigations of any political subdivision that are necessary to determine honesty and integrity
8956     in fiscal affairs, accuracy and reliability of financial statements, effectiveness, and adequacy of
8957     financial controls and compliance with the law.
8958          (15) (a) The state auditor may not audit work that the state auditor performed before
8959     becoming state auditor.
8960          (b) If the state auditor has previously been a responsible official in state government
8961     whose work has not yet been audited, the Legislature shall:
8962          (i) designate how that work shall be audited; and
8963          (ii) provide additional funding for those audits, if necessary.
8964          (16) The state auditor shall:

8965          (a) with the assistance, advice, and recommendations of an advisory committee
8966     appointed by the state auditor from among local district boards of trustees, officers, and
8967     employees and special service district boards, officers, and employees:
8968          (i) prepare a Uniform Accounting Manual for Local Districts that:
8969          (A) prescribes a uniform system of accounting and uniform budgeting and reporting
8970     procedures for local districts under Title 17B, Limited Purpose Local Government Entities -
8971     Local Districts, and special service districts under Title 17D, Chapter 1, Special Service
8972     District Act;
8973          (B) conforms with generally accepted accounting principles; and
8974          (C) prescribes reasonable exceptions and modifications for smaller districts to the
8975     uniform system of accounting, budgeting, and reporting;
8976          (ii) maintain the manual under this Subsection (16)(a) so that it continues to reflect
8977     generally accepted accounting principles;
8978          (iii) conduct a continuing review and modification of procedures in order to improve
8979     them;
8980          (iv) prepare and supply each district with suitable budget and reporting forms; and
8981          (v) (A) prepare instructional materials, conduct training programs, and render other
8982     services considered necessary to assist local districts and special service districts in
8983     implementing the uniform accounting, budgeting, and reporting procedures; and
8984          (B) ensure that any training described in Subsection (16)(a)(v)(A) complies with Title
8985     63G, Chapter 22, State Training and Certification Requirements; and
8986          (b) continually analyze and evaluate the accounting, budgeting, and reporting practices
8987     and experiences of specific local districts and special service districts selected by the state
8988     auditor and make the information available to all districts.
8989          (17) (a) The following records in the custody or control of the state auditor are
8990     protected records under Title 63G, Chapter 2, Government Records Access and Management
8991     Act:

8992          (i) records that would disclose information relating to allegations of personal
8993     misconduct, gross mismanagement, or illegal activity of a past or present governmental
8994     employee if the information or allegation cannot be corroborated by the state auditor through
8995     other documents or evidence, and the records relating to the allegation are not relied upon by
8996     the state auditor in preparing a final audit report;
8997          (ii) records and audit workpapers to the extent they would disclose the identity of a
8998     person who during the course of an audit, communicated the existence of any waste of public
8999     funds, property, or manpower, or a violation or suspected violation of a law, rule, or regulation
9000     adopted under the laws of this state, a political subdivision of the state, or any recognized entity
9001     of the United States, if the information was disclosed on the condition that the identity of the
9002     person be protected;
9003          (iii) before an audit is completed and the final audit report is released, records or drafts
9004     circulated to a person who is not an employee or head of a governmental entity for their
9005     response or information;
9006          (iv) records that would disclose an outline or part of any audit survey plans or audit
9007     program; and
9008          (v) requests for audits, if disclosure would risk circumvention of an audit.
9009          (b) The provisions of Subsections (17)(a)(i), (ii), and (iii) do not prohibit the disclosure
9010     of records or information that relate to a violation of the law by a governmental entity or
9011     employee to a government prosecutor or peace officer.
9012          (c) The provisions of this Subsection (17) do not limit the authority otherwise given to
9013     the state auditor to classify a document as public, private, controlled, or protected under Title
9014     63G, Chapter 2, Government Records Access and Management Act.
9015          (d) (i) As used in this Subsection (17)(d), "record dispute" means a dispute between the
9016     state auditor and the subject of an audit performed by the state auditor as to whether the state
9017     auditor may release a record, as defined in Section 63G-2-103, to the public that the state
9018     auditor gained access to in the course of the state auditor's audit but which the subject of the

9019     audit claims is not subject to disclosure under Title 63G, Chapter 2, Government Records
9020     Access and Management Act.
9021          (ii) The state auditor may submit a record dispute to the State Records Committee,
9022     created in Section 63G-2-501, for a determination of whether the state auditor may, in
9023     conjunction with the state auditor's release of an audit report, release to the public the record
9024     that is the subject of the record dispute.
9025          (iii) The state auditor or the subject of the audit may seek judicial review of a State
9026     Records Committee determination under Subsection (17)(d)(ii), as provided in Section
9027     63G-2-404.
9028          (18) If the state auditor conducts an audit of an entity that the state auditor has
9029     previously audited and finds that the entity has not implemented a recommendation made by
9030     the state auditor in a previous audit, the state auditor shall notify the Legislative Management
9031     Committee through its audit subcommittee that the entity has not implemented that
9032     recommendation.
9033          (19) The state auditor shall report, or ensure that another government entity reports, on
9034     the financial, operational, and performance metrics for the state system of higher education and
9035     the state system of public education, including metrics in relation to students, programs, and
9036     schools within those systems.
9037          Section 150. Section 67-3-12, which is renumbered from Section 63A-1-202 is
9038     renumbered and amended to read:
9039          [63A-1-202].      67-3-12. Utah Public Finance Website -- Establishment and
9040     administration -- Records disclosure -- Exceptions.
9041          [(1) There is created the Utah Public Finance Website to be administered by the state
9042     auditor.]
9043          (1) As used in this section:
9044          (a) (i) Subject to Subsections (1)(a)(ii) and (iii), "independent entity" means the same
9045     as that term is defined in Section 63E-1-102.

9046          (ii) "Independent entity" includes an entity that is part of an independent entity
9047     described in Subsection (1)(a)(i), if the entity is considered a component unit of the
9048     independent entity under the governmental accounting standards issued by the Governmental
9049     Accounting Standards Board.
9050          (iii) "Independent entity" does not include the Utah State Retirement Office created in
9051     Section 49-11-201.
9052          (b) "Local education agency" means a school district or charter school.
9053          (c) "Participating local entity" means:
9054          (i) a county;
9055          (ii) a municipality;
9056          (iii) a local district under Title 17B, Limited Purpose Local Government Entities -
9057     Local Districts;
9058          (iv) a special service district under Title 17D, Chapter 1, Special Service District Act;
9059          (v) a housing authority under Title 35A, Chapter 8, Part 4, Housing Authorities;
9060          (vi) a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit District
9061     Act;
9062          (vii) except for a taxed interlocal entity as defined in Section 11-13-602:
9063          (A) an interlocal entity as defined in Section 11-13-103;
9064          (B) a joint or cooperative undertaking as defined in Section 11-13-103; or
9065          (C) any project, program, or undertaking entered into by interlocal agreement in
9066     accordance with Title 11, Chapter 13, Interlocal Cooperation Act;
9067          (viii) except for a taxed interlocal entity as defined in Section 11-13-602, an entity that
9068     is part of an entity described in Subsections (1)(c)(i) through (vii), if the entity is considered a
9069     component unit of the entity described in Subsections (1)(c)(i) through (vii) under the
9070     governmental accounting standards issued by the Governmental Accounting Standards Board;
9071     or
9072          (ix) a conservation district under Title 17D, Chapter 3, Conservation District Act.

9073          (d) (i) "Participating state entity" means the state of Utah, including its executive,
9074     legislative, and judicial branches, its departments, divisions, agencies, boards, commissions,
9075     councils, committees, and institutions.
9076          (ii) "Participating state entity" includes an entity that is part of an entity described in
9077     Subsection (1)(d)(i), if the entity is considered a component unit of the entity described in
9078     Subsection (1)(d)(i) under the governmental accounting standards issued by the Governmental
9079     Accounting Standards Board.
9080          (e) "Public finance website" or "website" means the website established by the state
9081     auditor in accordance with this section.
9082          (f) "Public financial information" means each record that is required under this section
9083     or by rule made by the Office of the State Auditor under Subsection (8) to be made available on
9084     the public finance website, a participating local entity's website, or an independent entity's
9085     website.
9086          (g) "Qualifying entity" means:
9087          (i) an independent entity;
9088          (ii) a participating local entity;
9089          (iii) a participating state entity;
9090          (iv) a local education agency;
9091          (v) a state institution of higher education as defined in Section 53B-3-102;
9092          (vi) the Utah Educational Savings Plan created in Section 58B-8a-103;
9093          (vii) the Utah Housing Corporation created in Section 63H-8-201;
9094          (viii) the School and Institutional Trust Lands Administration created in Section
9095     53C-1-201; or
9096          (ix) the Utah Capital Investment Corporation created in Section 63N-6-301.
9097          (2) The state auditor shall establish and maintain a public finance website in
9098     accordance with this section.
9099          [(2)] (3) The [Utah Public Finance Website] website shall:

9100          (a) permit Utah taxpayers to:
9101          (i) view, understand, and track the use of taxpayer dollars by making public financial
9102     information available on the Internet for participating state entities, independent entities, and
9103     participating local entities, using the [Utah Public Finance Website] website; and
9104          (ii) link to websites administered by participating local entities or independent entities
9105     that do not use the [Utah Public Finance Website] website for the purpose of providing
9106     participating local entities' or independent entities' public financial information as required by
9107     this part and by rule made under [Section 63A-1-204] Subsection (8);
9108          (b) allow a person who has Internet access to use the website without paying a fee;
9109          (c) allow the public to search public financial information on the [Utah Public Finance
9110     Website using criteria established by the board] website;
9111          (d) provide access to financial reports, financial audits, budgets, or other financial
9112     documents that are used to allocate, appropriate, spend, and account for government funds, as
9113     may be established by rule made under [Section 63A-1-204] Subsection (8);
9114          (e) have a unique and simplified website address;
9115          (f) be [directly accessible via a link from the main page of the official state website]
9116     guided by the principles described in Subsection 63A-16-202(2);
9117          (g) include other links, features, or functionality that will assist the public in obtaining
9118     and reviewing public financial information, as may be established by rule made under [Section
9119     63A-1-204] Subsection (8); and
9120          (h) include a link to school report cards published on the State Board of Education's
9121     website under Section 53E-5-211.
9122          [(3) (a)] (4) The state auditor shall:
9123          [(i)] (a) establish and maintain the website, including the provision of equipment,
9124     resources, and personnel as necessary;
9125          [(ii)] (b) maintain an archive of all information posted to the website;
9126          [(iii)] (c) coordinate and process the receipt and posting of public financial information

9127     from participating state entities; and
9128          [(iv)] (d) coordinate and regulate the posting of public financial information by
9129     participating local entities and independent entities.
9130          [(b) The department shall provide staff support for the advisory committee.]
9131          [(4) (a) A participating state entity and each independent entity shall permit the public
9132     to view the entity's public financial information via the website, beginning with information
9133     that is generated not later than the fiscal year that begins July 1, 2008, except that public
9134     financial information for an:]
9135          [(i) institution of higher education shall be provided beginning with information
9136     generated for the fiscal year beginning July 1, 2009; and]
9137          [(ii) independent entity shall be provided beginning with information generated for the
9138     entity's fiscal year beginning in 2014.]
9139          [(b) No later than May 15, 2009, the website shall:]
9140          [(i) be operational; and]
9141          [(ii) permit public access to participating state entities' public financial information,
9142     except as provided in Subsections (4)(c) and (d).]
9143          [(c) An institution of higher education that is a participating state entity shall submit
9144     the entity's public financial information at a time allowing for inclusion on the website no later
9145     than May 15, 2010.]
9146          [(d) No later than the first full quarter after July 1, 2014, an independent entity shall
9147     submit the entity's public financial information for inclusion on the Utah Public Finance
9148     Website or via a link to its own website on the Utah Public Finance Website.]
9149          [(5) (a) The Utah Educational Savings Plan, created in Section 53B-8a-103, shall
9150     provide the following financial information to the state auditor for posting on the Utah Public
9151     Finance Website:]
9152          [(i) administrative fund expense transactions from its general ledger accounting
9153     system; and]

9154          [(ii) employee compensation information.]
9155          [(b) The plan is not required to submit other financial information to the state auditor,
9156     including:]
9157          [(i) revenue transactions;]
9158          [(ii) account owner transactions; and]
9159          [(iii) fiduciary or commercial information, as defined in Section 53B-12-102.]
9160          [(6) (a) The following independent entities shall each provide administrative expense
9161     transactions from its general ledger accounting system and employee compensation
9162     information to the state auditor for posting on the Utah Public Finance Website or via a link to
9163     a website administered by the independent entity:]
9164          [(i) the Utah Housing Corporation, created in Section 63H-8-201; and]
9165          [(ii) the School and Institutional Trust Lands Administration, created in Section
9166     53C-1-201.]
9167          [(b) The Utah Capital Investment Corporation, an independent entity created in Section
9168     63N-6-301, shall provide the following information to the division for posting on the Utah
9169     Public Finance Website or via a link to a website administered by the independent entity for
9170     each fiscal year ending on or after June 30, 2015:]
9171          [(i) aggregate compensation information for full-time and part-time employees,
9172     including benefit information;]
9173          [(ii) aggregate business travel expenses;]
9174          [(iii) aggregate expenses related to the Utah Capital Investment Corporation's
9175     allocation manager; and]
9176          [(iv) aggregate administrative, operating, and finance costs.]
9177          [(c) For purposes of this part, an independent entity described in Subsection (6)(a) or
9178     (b) is not required to submit to the state auditor, or provide a link to, other financial
9179     information, including:]
9180          [(i) revenue transactions of a fund or account created in its enabling statute;]

9181          [(ii) fiduciary or commercial information related to any subject if the disclosure of the
9182     information:]
9183          [(A) would conflict with fiduciary obligations; or]
9184          [(B) is prohibited by insider trading provisions;]
9185          [(iii) information of a commercial nature, including information related to:]
9186          [(A) account owners, borrowers, and dependents;]
9187          [(B) demographic data;]
9188          [(C) contracts and related payments;]
9189          [(D) negotiations;]
9190          [(E) proposals or bids;]
9191          [(F) investments;]
9192          [(G) the investment and management of funds;]
9193          [(H) fees and charges;]
9194          [(I) plan and program design;]
9195          [(J) investment options and underlying investments offered to account owners;]
9196          [(K) marketing and outreach efforts;]
9197          [(L) lending criteria;]
9198          [(M) the structure and terms of bonding; and]
9199          [(N) financial plans or strategies; and]
9200          [(iv) information protected from public disclosure by federal law.]
9201          [(7) (a) As used in this Subsection (7):]
9202          [(i) "Local education agency" means a school district or a charter school.]
9203          [(ii) "New school building project" means:]
9204          [(A) the construction of a school or school facility that did not previously exist in a
9205     local education agency; or]
9206          [(B) the lease or purchase of an existing building, by a local education agency, to be
9207     used as a school or school facility.]

9208          [(iii) "School facility" means a facility, including a pool, theater, stadium, or
9209     maintenance building, that is built, leased, acquired, or remodeled by a local education agency
9210     regardless of whether the facility is open to the public.]
9211          [(iv) "Significant school remodel" means a construction project undertaken by a local
9212     education agency with a project cost equal to or greater than $2,000,000, including:]
9213          [(A) the upgrading, changing, alteration, refurbishment, modification, or complete
9214     substitution of an existing school or school facility in a local education agency; or]
9215          [(B) the addition of a school facility.]
9216          [(b) For each new school building project or significant school remodel, the local
9217     education agency shall:]
9218          [(i) prepare an annual school plant capital outlay report; and]
9219          [(ii) submit the report:]
9220          [(A) to the state auditor for publication on the Utah Public Finance Website; and]
9221          [(B) in a format, including any raw data or electronic formatting, prescribed by
9222     applicable policy established by the state auditor.]
9223          [(c) The local education agency shall include in the capital outlay report described in
9224     Subsection (7)(b)(i) the following information as applicable to each new school building
9225     project or significant school remodel:]
9226          [(i) the name and location of the new school building project or significant school
9227     remodel;]
9228          [(ii) construction and design costs, including:]
9229          [(A) the purchase price or lease terms of any real property acquired or leased for the
9230     project or remodel;]
9231          [(B) facility construction;]
9232          [(C) facility and landscape design;]
9233          [(D) applicable impact fees; and]
9234          [(E) furnishings and equipment;]

9235          [(iii) the gross square footage of the project or remodel;]
9236          [(iv) the year construction was completed; and]
9237          [(v) the final student capacity of the new school building project or, for a significant
9238     school remodel, the increase or decrease in student capacity created by the remodel.]
9239          [(d) (i) For a cost, fee, or other expense required to be reported under Subsection (7)(c),
9240     the local education agency shall report the actual cost, fee, or other expense.]
9241          [(ii) The state auditor may require that a local education agency provide further
9242     itemized data on information listed in Subsection (7)(c).]
9243          [(e) (i) No later than May 15, 2015, a local education agency shall provide the state
9244     auditor a school plant capital outlay report for each new school building project and significant
9245     school remodel completed on or after July 1, 2004, and before May 13, 2014.]
9246          [(ii) For a new school building project or significant school remodel completed after
9247     May 13, 2014, the local education agency shall provide the school plant capital outlay report
9248     described in this Subsection (7) to the state auditor annually by a date designated by the state
9249     auditor.]
9250          (5) A qualifying entity shall permit the public to view the qualifying entity's public
9251     financial information by posting the public financial information to the public finance website
9252     in accordance with rules made under Subsection (8).
9253          (6) The content of the public financial information posted to the public finance website
9254     is the responsibility of the qualifying entity posting the public financial information.
9255          [(8)] (7) (a) A qualifying entity may not post financial information that is classified as
9256     private, controlled, or protected under Title 63G, Chapter 2, Government Records Access and
9257     Management Act, to the public finance website.
9258          (b) A person who negligently discloses [a record] financial information that is
9259     classified as private, protected, or controlled by Title 63G, Chapter 2, Government Records
9260     Access and Management Act, is not criminally or civilly liable for an improper disclosure of
9261     the [record] financial information if the [record] financial information is disclosed solely as a

9262     result of the preparation or publication of the [Utah Public Finance Website] website.
9263          (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
9264     Office of the State Auditor:
9265          (a) shall make rules to:
9266          (i) establish which records a qualifying entity is required to post to the public finance
9267     website; and
9268          (ii) establish procedures for obtaining, submitting, reporting, storing, and posting
9269     public financial information on the public finance website; and
9270          (b) may make rules governing when a qualifying entity is required to disclose an
9271     expenditure made by a person under contract with the qualifying entity, including the form and
9272     content of the disclosure.
9273          Section 151. Section 72-3-108 is amended to read:
9274          72-3-108. County roads -- Vacation and narrowing.
9275          (1) A county may, by ordinance, vacate, narrow, or change the name of a county road
9276     without petition or after petition by a property owner.
9277          (2) A county may not vacate a county road unless notice of the hearing is:
9278          (a) published:
9279          (i) in a newspaper of general circulation in the county once a week for four consecutive
9280     weeks before the hearing; and
9281          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
9282     four weeks before the hearing; and
9283          (b) posted in three public places for four consecutive weeks prior to the hearing; and
9284          (c) mailed to the department and all owners of property abutting the county road.
9285          (3) The right-of-way and easements, if any, of a property owner and the franchise rights
9286     of any public utility may not be impaired by vacating or narrowing a county road.
9287          (4) Except as provided in Section 72-5-305, if a county vacates a county road, the
9288     state's right-of-way interest in the county road is also vacated.

9289          Section 152. Section 72-5-105 is amended to read:
9290          72-5-105. Highways, streets, or roads once established continue until abandoned
9291     -- Temporary closure.
9292          (1) Except as provided in Subsections (3) and (7), all public highways, streets, or roads
9293     once established shall continue to be highways, streets, or roads until formally abandoned or
9294     vacated by written order, resolution, or ordinance resolution of a highway authority having
9295     jurisdiction or by court decree, and the written order, resolution, ordinance, or court decree has
9296     been duly recorded in the office of the recorder of the county or counties where the highway,
9297     street, or road is located.
9298          (2) (a) For purposes of assessment, upon the recordation of an order executed by the
9299     proper authority with the county recorder's office, title to the vacated or abandoned highway,
9300     street, or road shall vest to the adjoining record owners, with one-half of the width of the
9301     highway, street, or road assessed to each of the adjoining owners.
9302          (b) Provided, however, that should a description of an owner of record extend into the
9303     vacated or abandoned highway, street, or road that portion of the vacated or abandoned
9304     highway, street, or road shall vest in the record owner, with the remainder of the highway,
9305     street, or road vested as otherwise provided in this Subsection (2).
9306          (c) Title to a highway, street, or road that a local highway authority closes to vehicular
9307     traffic under Subsection (3) or (7) remains vested in the city.
9308          (3) (a) In accordance with this section, a state or local highway authority may
9309     temporarily close a class B, C, or D road, an R.S. 2477 right-of-way, or a portion of a class B,
9310     C, or D road or R.S. 2477 right-of-way.
9311          (b) (i) A temporary closure authorized under this section is not an abandonment.
9312          (ii) The erection of a barrier or sign on a highway, street, or road once established is
9313     not an abandonment.
9314          (iii) An interruption of the public's continuous use of a highway, street, or road once
9315     established is not an abandonment even if the interruption is allowed to continue unabated.

9316          (c) A temporary closure under Subsection (3)(a) may be authorized only under the
9317     following circumstances:
9318          (i) when a federal authority, or other person, provides an alternate route to an R.S.
9319     2477 right-of-way or portion of an R.S. 2477 right-of-way if the alternate route is:
9320          (A) accepted by the highway authority; and
9321          (B) formalized by a federal permit or a written agreement between the federal authority
9322     or other person and the highway authority;
9323          (ii) when a state or local highway authority determines that correction or mitigation of
9324     injury to private or public land resources is necessary on or near a class B or D road or portion
9325     of a class B or D road; or
9326          (iii) when a local highway authority makes a finding that temporary closure of all or
9327     part of a class C road is necessary to mitigate unsafe conditions.
9328          (d) (i) If a local highway authority temporarily closes all or part of a class C road under
9329     Subsection (3)(c)(iii), the local highway authority may convert the closed portion of the road to
9330     another public use or purpose related to the mitigation of the unsafe condition.
9331          (ii) If a local highway authority temporarily closes all or part of a class C road under
9332     Subsection (3)(c)(iii), and the closed portion of road is the subject of a lease agreement
9333     between the local highway authority and another entity, the local highway authority may not
9334     reopen the closed portion of the road until the lease agreement terminates.
9335          (e) A highway authority shall reopen an R.S. 2477 right-of-way or portion of an R.S.
9336     2477 right-of-way temporarily closed under this section if the alternate route is closed for any
9337     reason.
9338          (f) A temporary closure authorized under Subsection (3)(c)(ii) shall:
9339          (i) be authorized annually; and
9340          (ii) not exceed two years or the time it takes to complete the correction or mitigation,
9341     whichever is less.
9342          (4) To authorize a closure of a road under Subsection (3) or (7), a local highway

9343     authority shall pass an ordinance to temporarily or indefinitely close the road.
9344          (5) Before authorizing a temporary or indefinite closure as described in Subsection (4),
9345     a highway authority shall:
9346          (a) hold a hearing on the proposed temporary or indefinite closure;
9347          (b) provide notice of the hearing by mailing a notice to the Department of
9348     Transportation and all owners of property abutting the highway; and
9349          (c) except for a closure under Subsection (3)(c)(iii):
9350          (i) publishing the notice:
9351          (A) in a newspaper of general circulation in the county at least once a week for four
9352     consecutive weeks before the hearing; and
9353          (B) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
9354     four weeks before the hearing; or
9355          (ii) posting the notice in three public places for at least four consecutive weeks before
9356     the hearing.
9357          (6) The right-of-way and easements, if any, of a property owner and the franchise rights
9358     of any public utility may not be impaired by a temporary or indefinite closure authorized under
9359     this section.
9360          (7) (a) A local highway authority may close to vehicular travel and convert to another
9361     public use or purpose a highway, road, or street over which the local highway authority has
9362     jurisdiction, for an indefinite period of time, if the local highway authority makes a finding
9363     that:
9364          (i) the closed highway, road, or street is not necessary for vehicular travel;
9365          (ii) the closure of the highway, road, or street is necessary to correct or mitigate injury
9366     to private or public land resources on or near the highway, road, or street; or
9367          (iii) the closure of the highway, road, or street is necessary to mitigate unsafe
9368     conditions.
9369          (b) If a local highway authority indefinitely closes all or part of a highway, road, or

9370     street under Subsection (7)(a)(iii), and the closed portion of road is the subject of a lease
9371     agreement between the local highway authority and another entity, the local highway authority
9372     may not reopen the closed portion of the road until the lease agreement terminates.
9373          (c) An indefinite closure authorized under this Subsection (7) is not an abandonment.
9374          Section 153. Section 73-1-16 is amended to read:
9375          73-1-16. Petition for hearing to determine validity -- Notice -- Service -- Pleading
9376     -- Costs -- Review.
9377          Where any water users' association, irrigation company, canal company, ditch company,
9378     reservoir company, or other corporation of like character or purpose, organized under the laws
9379     of this state has entered into or proposes to enter into a contract with the United States for the
9380     payment by such association or company of the construction and other charges of a federal
9381     reclamation project constructed, under construction, or to be constructed within this state, and
9382     where funds for the payment of such charges are to be obtained from assessments levied upon
9383     the stock of such association or company, or where a lien is created or will be created against
9384     any of the land, property, canals, water rights or other assets of such association or company or
9385     against the land, property, canals, water rights or other assets of any stockholder of such
9386     association or company to secure the payment of construction or other charges of a reclamation
9387     project, the water users' association, irrigation company, canal company, ditch company,
9388     reservoir company or other corporation of like character or purpose may file in the district court
9389     of the county wherein is situated the office of such association or company a petition entitled
9390     ".......... Water Users' Association" or ".......... Company," as the case may be, "against the
9391     stockholders of said association or company and the owners and mortgagees of land within the
9392     .......... Federal Reclamation Project." No other or more specific description of the defendants
9393     shall be required. In the petition it may be stated that the water users' association, irrigation
9394     company, canal company, ditch company, reservoir company or other corporation of like
9395     character and purpose has entered into or proposes to enter into a contract with the United
9396     States, to be set out in full in said petition, with a prayer that the court find said contract to be

9397     valid, and a modification of any individual contracts between the United States and the
9398     stockholders of such association or company, or between the association or company, and its
9399     stockholders, so far as such individual contracts are at variance with the contract or proposed
9400     contract between the association or company and the United States.
9401          Thereupon a notice in the nature of a summons shall issue under the hand and seal of
9402     the clerk of said court, stating in brief outline the contents of said petition, and showing where
9403     a full copy of said contract or proposed contract may be examined, such notice to be directed to
9404     the said defendants under the same general designations, which shall be considered sufficient
9405     to give the court jurisdiction of all matters involved and parties interested. Service shall be
9406     obtained (a) by publication of such notice once a week for three consecutive weeks (three
9407     times) in a newspaper published in each county where the irrigable land of such federal
9408     reclamation project is situated, (b) as required in Section 45-1-101 for three weeks, (c) by
9409     publishing the notice on the Utah Public Notice Website created in Section [63F-1-701]
9410     63A-12-201, for three weeks prior to the date of the hearing, and (d) by the posting at least
9411     three weeks prior to the date of the hearing on said petition of the notice and a complete copy
9412     of the said contract or proposed contract in the office of the plaintiff association or company,
9413     and at three other public places within the boundaries of such federal reclamation project. Any
9414     stockholder in the plaintiff association or company, or owner, or mortgagee of land within said
9415     federal reclamation project affected by the contract proposed to be made by such association or
9416     company, may demur to or answer said petition before the date set for such hearing or within
9417     such further time as may be allowed therefor by the court. The failure of any persons affected
9418     by the said contract to answer or demur shall be construed, so far as such persons are concerned
9419     as an acknowledgment of the validity of said contract and as a consent to the modification of
9420     said individual contracts if any with such association or company or with the United States, to
9421     the extent that such modification is required to cause the said individual contracts if any to
9422     conform to the terms of the contract or proposed contract between the plaintiff and the United
9423     States. All persons filing demurrers or answers shall be entered as defendants in said cause and

9424     their defense consolidated for hearing or trial. Upon hearing the court shall examine all matters
9425     and things in controversy and shall enter judgment and decree as the case warrants, showing
9426     how and to what extent, if any, the said individual contracts of the defendants or under which
9427     they claim are modified by the plaintiff's contract or proposed contract with the United States.
9428     In reaching his conclusion in such causes, the court shall follow a liberal interpretation of the
9429     laws, and shall disregard informalities or omissions not affecting the substantial rights of the
9430     parties, unless it is affirmatively shown that such informalities or omissions led to a different
9431     result than would have been obtained otherwise. The Code of Civil Procedure shall govern
9432     matters of pleading and practice as nearly as may be. Costs may be assessed or apportioned
9433     among contesting parties in the discretion of the trial court. Review of the judgment of the
9434     district court by the Supreme Court may be had as in other civil causes.
9435          Section 154. Section 73-5-14 is amended to read:
9436          73-5-14. Determination by the state engineer of watershed to which particular
9437     source is tributary -- Publications of notice and result -- Hearing -- Judicial review.
9438          (1) The state engineer may determine for administrative and distribution purposes the
9439     watershed to which any particular stream or source of water is tributary.
9440          (2) A determination under Subsection (1) may be made only after publication of notice
9441     to the water users.
9442          (3) Publication of notice under Subsection (2) shall be made:
9443          (a) in a newspaper or newspapers having general circulation in every county in the state
9444     in which any rights might be affected, once each week for five consecutive weeks;
9445          (b) in accordance with Section 45-1-101 for five weeks; and
9446          (c) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for
9447     five weeks.
9448          (4) The state engineer shall fix the date and place of hearing and at the hearing any
9449     water user shall be given an opportunity to appear and adduce evidence material to the
9450     determination of the question involved.

9451          (5) (a) The state engineer shall publish the result of the determination as provided in
9452     Subsections (3)(a) and (b), and the notice of the decision of the state engineer shall notify the
9453     public that any person aggrieved by the decision may appeal the decision as provided by
9454     Section 73-3-14.
9455          (b) The notice under Subsection (5)(a) shall be considered to have been given so as to
9456     start the time for appeal upon completion of the publication of notice.
9457          Section 155. Section 75-1-401 is amended to read:
9458          75-1-401. Notice -- Method and time of giving.
9459          (1) If notice of a hearing on any petition is required and except for specific notice
9460     requirements as otherwise provided, the petitioner shall cause notice of the time and place of
9461     hearing of any petition to be given to any interested person or the person's attorney if the person
9462     has appeared by attorney or requested that notice be sent to the person's attorney. Notice shall
9463     be given by the clerk posting a copy of the notice for the 10 consecutive days immediately
9464     preceding the time set for the hearing in at least three public places in the county, one of which
9465     must be at the courthouse of the county and:
9466          (a) (i) by the clerk mailing a copy thereof at least 10 days before the time set for the
9467     hearing by certified, registered, or ordinary first class mail addressed to the person being
9468     notified at the post-office address given in the demand for notice, if any, or at the person's
9469     office or place of residence, if known; or
9470          (ii) by delivering a copy thereof to the person being notified personally at least 10 days
9471     before the time set for the hearing; and
9472          (b) if the address, or identity of any person is not known and cannot be ascertained with
9473     reasonable diligence, by publishing:
9474          (i) at least once a week for three consecutive weeks a copy thereof in a newspaper
9475     having general circulation in the county where the hearing is to be held, the last publication of
9476     which is to be at least 10 days before the time set for the hearing; and
9477          (ii) on the Utah Public Notice Website created in Section [63F-1-701] 63A-12-201, for

9478     three weeks.
9479          (2) The court for good cause shown may provide for a different method or time of
9480     giving notice for any hearing.
9481          (3) Proof of the giving of notice shall be made on or before the hearing and filed in the
9482     proceeding.
9483          Section 156. Repealer.
9484          This bill repeals:
9485          Section 63A-1-201, Definitions.
9486          Section 63A-1-204, Rulemaking authority.
9487          Section 63A-1-205, Participation by local entities.
9488          Section 63A-1-206, Submission of public financial information by a school district
9489     or charter school.