Senator Curtis S. Bramble proposes the following substitute bill:


1     
LOCAL DISTRICT REVISIONS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stewart E. Barlow

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill is one of two bills that, together change the name of "local district" to "special
10     district" throughout the Utah Code.
11     Highlighted Provisions:
12          This bill:
13          ▸     replaces the term "local district" with the term "special district" throughout the Utah
14     Code; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          This bill provides a special effective date.
20          This bill provides revisor instructions.
21     Utah Code Sections Affected:
22     AMENDS:
23          8-5-5, as last amended by Laws of Utah 2007, Chapter 329
24          10-2-401, as last amended by Laws of Utah 2021, Chapter 112
25          10-2-403, as last amended by Laws of Utah 2021, Chapter 112

26          10-2-406, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
27          10-2-412, as last amended by Laws of Utah 2007, Chapter 329
28          10-2-413, as last amended by Laws of Utah 2019, Chapter 255
29          10-2-414, as last amended by Laws of Utah 2021, Chapter 112
30          10-2-418, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
31          10-2-419, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
32          10-2-425, as last amended by Laws of Utah 2019, Chapter 159
33          10-2-428, as last amended by Laws of Utah 2008, Chapter 360
34          10-2a-205, as last amended by Laws of Utah 2019, Chapter 165
35          10-2a-210, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
36          10-2a-404, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
37          10-3c-102, as enacted by Laws of Utah 2015, Chapter 352
38          10-9a-103, as last amended by Laws of Utah 2022, Chapters 355, 406
39          10-9a-305, as last amended by Laws of Utah 2021, Chapter 35
40          10-9a-529, as last amended by Laws of Utah 2021, Chapter 385
41          11-2-1, as last amended by Laws of Utah 2007, Chapter 329
42          11-13-103, as last amended by Laws of Utah 2020, Chapter 381
43          11-13a-102, as enacted by Laws of Utah 2017, Chapter 441
44          11-14-102, as last amended by Laws of Utah 2016, Chapter 176
45          11-14a-1, as last amended by Laws of Utah 2021, Chapter 355
46          11-27-2, as last amended by Laws of Utah 2020, Chapter 365
47          11-30-2, as last amended by Laws of Utah 2010, Chapter 378
48          11-31-2, as last amended by Laws of Utah 2016, Chapter 350
49          11-32-2, as last amended by Laws of Utah 2016, Chapter 350
50          11-34-1, as last amended by Laws of Utah 2016, Chapter 350
51          11-36a-102, as last amended by Laws of Utah 2022, Chapter 237
52          11-36a-203, as enacted by Laws of Utah 2011, Chapter 47
53          11-36a-502, as enacted by Laws of Utah 2011, Chapter 47
54          11-36a-504, as last amended by Laws of Utah 2021, Chapters 84, 345
55          11-39-101, as last amended by Laws of Utah 2018, Chapter 103
56          11-39-107, as last amended by Laws of Utah 2014, Chapter 196

57          11-40-101, as last amended by Laws of Utah 2008, Chapter 360
58          11-41-102, as last amended by Laws of Utah 2022, Chapter 307
59          11-42-102, as last amended by Laws of Utah 2021, Chapters 314, 415
60          11-42a-102, as last amended by Laws of Utah 2021, Chapter 280
61          11-43-102, as last amended by Laws of Utah 2008, Chapter 360
62          11-47-102, as enacted by Laws of Utah 2011, Chapter 45
63          11-48-101.5, as enacted by Laws of Utah 2021, Chapter 265
64          11-48-103, as enacted by Laws of Utah 2021, Chapter 265
65          11-50-102, as last amended by Laws of Utah 2016, Chapter 350
66          11-52-102, as last amended by Laws of Utah 2016, Chapter 350
67          11-54-102, as last amended by Laws of Utah 2019, Chapter 136
68          11-55-102, as enacted by Laws of Utah 2017, Chapter 70
69          11-57-102, as enacted by Laws of Utah 2017, Chapter 354
70          11-58-102, as last amended by Laws of Utah 2022, Chapter 82
71          11-58-205, as last amended by Laws of Utah 2022, Chapter 82
72          11-59-102, as last amended by Laws of Utah 2022, Chapter 237
73          11-59-204, as last amended by Laws of Utah 2021, Chapter 415
74          11-60-102, as enacted by Laws of Utah 2018, Chapter 197
75          11-61-102, as enacted by Laws of Utah 2018, Chapter 188
76          11-65-101, as enacted by Laws of Utah 2022, Chapter 59
77          13-8-5, as last amended by Laws of Utah 2017, Chapter 373
78          14-1-18, as last amended by Laws of Utah 2016, Chapter 350
79          15-7-2, as last amended by Laws of Utah 2016, Chapter 350
80          19-3-301, as last amended by Laws of Utah 2021, Chapter 184
81          19-4-111, as last amended by Laws of Utah 2013, Chapter 321
82          19-6-508, as enacted by Laws of Utah 2016, Chapters 273, 346
83          26-8a-102, as last amended by Laws of Utah 2022, Chapters 255, 351 and 404
84          26-8a-405.2, as last amended by Laws of Utah 2011, Chapter 297
85          26-8a-603, as enacted by Laws of Utah 2022, Chapter 347
86          26-18-21, as last amended by Laws of Utah 2019, Chapter 393
87          31A-23a-501, as last amended by Laws of Utah 2021, Chapter 252

88          34-30-14, as last amended by Laws of Utah 2007, Chapter 329
89          34-32-1.1, as last amended by Laws of Utah 2012, Chapter 369
90          34-41-101, as last amended by Laws of Utah 2021, Chapter 345
91          34-52-102, as last amended by Laws of Utah 2019, Chapter 371
92          35A-1-102, as last amended by Laws of Utah 2018, Chapters 415, 427
93          36-11-102, as last amended by Laws of Utah 2022, Chapter 125
94          36-11-201, as last amended by Laws of Utah 2022, Chapter 125
95          36-11-304, as last amended by Laws of Utah 2022, Chapter 125
96          36-12-13, as last amended by Laws of Utah 2021, Chapters 254, 421
97          38-1b-102, as last amended by Laws of Utah 2022, Chapter 415
98          38-9-102, as renumbered and amended by Laws of Utah 2014, Chapter 114
99          45-1-101, as last amended by Laws of Utah 2021, Chapters 84, 345
100          49-11-102, as last amended by Laws of Utah 2020, Chapter 365
101          49-11-205, as enacted by Laws of Utah 2019, Chapter 31
102          51-4-2, as last amended by Laws of Utah 2017, Chapter 64
103          51-7-3, as last amended by Laws of Utah 2017, Chapter 338
104          52-4-203, as last amended by Laws of Utah 2022, Chapter 402
105          52-8-102, as renumbered and amended by Laws of Utah 2008, Chapter 382
106          53-2a-203, as last amended by Laws of Utah 2021, Chapter 437
107          53-2a-302, as last amended by Laws of Utah 2019, Chapter 349
108          53-2a-305, as renumbered and amended by Laws of Utah 2013, Chapter 295
109          53-2a-602, as last amended by Laws of Utah 2016, Chapters 83, 134
110          53-2a-605, as last amended by Laws of Utah 2015, Chapter 265
111          53-2a-1301, as enacted by Laws of Utah 2019, Chapter 306
112          53-3-207, as last amended by Laws of Utah 2022, Chapter 158
113          53-5-708, as last amended by Laws of Utah 2013, Chapters 298, 445
114          53-7-104, as last amended by Laws of Utah 2010, Chapter 310
115          53-21-101, as enacted by Laws of Utah 2022, Chapter 114
116          53B-16-104, as last amended by Laws of Utah 2007, Chapter 329
117          53B-28-402, as last amended by Laws of Utah 2021, Chapter 187
118          53G-3-204, as last amended by Laws of Utah 2021, Chapters 84, 162 and 345

119          53G-4-402, as last amended by Laws of Utah 2021, Chapters 84, 262, 324, and 345
120          54-3-28, as last amended by Laws of Utah 2021, Chapters 162, 345 and 382
121          54-14-103, as last amended by Laws of Utah 2009, Chapter 316
122          57-8-27, as last amended by Laws of Utah 2016, Chapter 255
123          59-2-102, as last amended by Laws of Utah 2022, Chapter 239
124          59-2-511, as last amended by Laws of Utah 2007, Chapter 329
125          59-2-919, as last amended by Laws of Utah 2021, Chapters 84, 345
126          59-2-924.2, as last amended by Laws of Utah 2022, Chapter 451
127          59-2-1101, as last amended by Laws of Utah 2022, Chapter 235
128          59-2-1317, as last amended by Laws of Utah 2022, Chapter 463
129          59-2-1710, as enacted by Laws of Utah 2012, Chapter 197
130          63A-5b-901, as last amended by Laws of Utah 2022, Chapter 421
131          63A-5b-1102, as renumbered and amended by Laws of Utah 2020, Chapter 152
132          63A-9-101, as last amended by Laws of Utah 2021, Chapter 344
133          63A-9-401, as last amended by Laws of Utah 2022, Chapter 169
134          63A-15-102, as renumbered and amended by Laws of Utah 2018, Chapter 461
135          63A-15-201, as last amended by Laws of Utah 2022, Chapter 125
136          63C-24-102, as enacted by Laws of Utah 2021, Chapter 155
137          63E-1-102, as last amended by Laws of Utah 2022, Chapters 44, 63
138          63G-2-103, as last amended by Laws of Utah 2021, Chapters 211, 283
139          63G-2-305, as last amended by Laws of Utah 2022, Chapters 11, 109, 198, 201, 303,
140     335, 388, 391, and 415
141          63G-6a-103, as last amended by Laws of Utah 2022, Chapters 421, 422
142          63G-6a-118, as enacted by Laws of Utah 2020, Chapter 257
143          63G-6a-202, as last amended by Laws of Utah 2021, Chapter 344
144          63G-6a-2402, as last amended by Laws of Utah 2017, Chapter 181
145          63G-7-102, as last amended by Laws of Utah 2022, Chapter 346
146          63G-7-401, as last amended by Laws of Utah 2021, Chapter 326
147          63G-9-201, as last amended by Laws of Utah 2016, Chapter 350
148          63G-12-102, as last amended by Laws of Utah 2022, Chapter 430
149          63G-22-102, as last amended by Laws of Utah 2021, Chapter 345

150          63G-26-102, as enacted by Laws of Utah 2020, Chapter 393
151          63H-1-102, as last amended by Laws of Utah 2022, Chapters 82, 274
152          63H-1-202, as last amended by Laws of Utah 2022, Chapters 274, 463
153          63I-5-102, as last amended by Laws of Utah 2020, Chapter 365
154          63J-1-220, as last amended by Laws of Utah 2021, Chapter 382
155          63J-4-102, as last amended by Laws of Utah 2021, Chapter 382
156          63J-4-801, as enacted by Laws of Utah 2021, First Special Session, Chapter 4
157          63L-4-102, as renumbered and amended by Laws of Utah 2008, Chapter 382
158          63L-5-102, as renumbered and amended by Laws of Utah 2008, Chapter 382
159          63L-11-102, as renumbered and amended by Laws of Utah 2021, Chapter 382
160          63M-5-103, as renumbered and amended by Laws of Utah 2008, Chapter 382
161          65A-8-203, as last amended by Laws of Utah 2021, Chapter 97
162          67-1a-6.5, as last amended by Laws of Utah 2021, Chapters 162, 345
163          67-1a-15, as last amended by Laws of Utah 2020, Chapter 30
164          67-1b-102, as enacted by Laws of Utah 2021, Chapter 394
165          67-3-1, as last amended by Laws of Utah 2022, Chapter 307
166          67-3-12, as last amended by Laws of Utah 2022, Chapters 169, 205 and 274
167          67-3-13, as enacted by Laws of Utah 2021, Chapter 155
168          67-11-2, as last amended by Laws of Utah 2007, Chapters 306, 329
169          67-21-2, as last amended by Laws of Utah 2022, Chapter 174
170          71-8-1, as last amended by Laws of Utah 2018, Chapter 39
171          71-10-1, as last amended by Laws of Utah 2016, Chapter 230
172          72-2-201, as last amended by Laws of Utah 2021, Chapters 121, 411
173          72-14-304, as enacted by Laws of Utah 2018, Chapter 40
174          73-2-1 (Superseded 05/03/23), as last amended by Laws of Utah 2022, Chapters 75,
175     225
176          73-2-1 (Effective 05/03/23), as last amended by Laws of Utah 2022, Chapters 75, 225
177     and 311
178          73-5-15, as last amended by Laws of Utah 2012, Chapter 97
179          73-10-21, as last amended by Laws of Utah 2008, Chapter 360
180          76-1-101.5, as renumbered and amended by Laws of Utah 2022, Chapter 181

181          77-23d-102, as enacted by Laws of Utah 2015, Chapter 447
182          77-38-601, as enacted by Laws of Utah 2022, Chapter 215
183          78B-2-216, as last amended by Laws of Utah 2014, Chapter 377
184          78B-4-509, as last amended by Laws of Utah 2020, Chapter 125
185          78B-6-2301, as enacted by Laws of Utah 2022, Chapter 428
186     

187     Be it enacted by the Legislature of the state of Utah:
188          Section 1. Section 8-5-5 is amended to read:
189          8-5-5. Proceeds of resale of lots.
190          The proceeds from the subsequent resale of any lot or parcel, title to which has been
191     revested in the municipality or cemetery maintenance district under Section 8-5-2 or 8-5-6, less
192     the costs and expenses incurred in the proceeding, shall become part of the permanent care and
193     improvement fund of the municipality or cemetery maintenance district, subject to subsequent
194     disposition under Title 10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, Title 10,
195     Chapter 6, Uniform Fiscal Procedures Act for Utah Cities, or [Title 17B, Chapter 1, Part 6,
196     Fiscal Procedures for Local Districts] Title 17B, Chapter 1, Part 6, Fiscal Procedures for
197     Special Districts.
198          Section 2. Section 10-2-401 is amended to read:
199          10-2-401. Definitions -- Property owner provisions.
200          (1) As used in this part:
201          (a) "Affected entity" means:
202          (i) a county of the first or second class in whose unincorporated area the area proposed
203     for annexation is located;
204          (ii) a county of the third, fourth, fifth, or sixth class in whose unincorporated area the
205     area proposed for annexation is located, if the area includes residents or commercial or
206     industrial development;
207          (iii) a [local] special district under [Title 17B, Limited Purpose Local Government
208     Entities - Local Districts] Title 17B, Limited Purpose Local Government Entities - Special
209     Districts, or special service district under Title 17D, Chapter 1, Special Service District Act,
210     whose boundary includes any part of an area proposed for annexation;
211          (iv) a school district whose boundary includes any part of an area proposed for

212     annexation, if the boundary is proposed to be adjusted as a result of the annexation; and
213          (v) a municipality whose boundaries are within 1/2 mile of an area proposed for
214     annexation.
215          (b) "Annexation petition" means a petition under Section 10-2-403 proposing the
216     annexation to a municipality of a contiguous, unincorporated area that is contiguous to the
217     municipality.
218          (c) "Commission" means a boundary commission established under Section 10-2-409
219     for the county in which the property that is proposed for annexation is located.
220          (d) "Expansion area" means the unincorporated area that is identified in an annexation
221     policy plan under Section 10-2-401.5 as the area that the municipality anticipates annexing in
222     the future.
223          (e) "Feasibility consultant" means a person or firm with expertise in the processes and
224     economics of local government.
225          (f) "Mining protection area" means the same as that term is defined in Section
226     17-41-101.
227          (g) "Municipal selection committee" means a committee in each county composed of
228     the mayor of each municipality within that county.
229          (h) "Planning advisory area" means the same as that term is defined in Section
230     17-27a-306.
231          (i) "Private," with respect to real property, means not owned by the United States or
232     any agency of the federal government, the state, a county, a municipality, a school district, a
233     [local] special district under [Title 17B, Limited Purpose Local Government Entities - Local
234     Districts] Title 17B, Limited Purpose Local Government Entities - Special Districts, a special
235     service district under Title 17D, Chapter 1, Special Service District Act, or any other political
236     subdivision or governmental entity of the state.
237          (j) "Rural real property" means the same as that term is defined in Section
238     17B-2a-1107.
239          (k) "Specified county" means a county of the second, third, fourth, fifth, or sixth class.
240          (l) "Unincorporated peninsula" means an unincorporated area:
241          (i) that is part of a larger unincorporated area;
242          (ii) that extends from the rest of the unincorporated area of which it is a part;

243          (iii) that is surrounded by land that is within a municipality, except where the area
244     connects to and extends from the rest of the unincorporated area of which it is a part; and
245          (iv) whose width, at any point where a straight line may be drawn from a place where it
246     borders a municipality to another place where it borders a municipality, is no more than 25% of
247     the boundary of the area where it borders a municipality.
248          (m) "Urban development" means:
249          (i) a housing development with more than 15 residential units and an average density
250     greater than one residential unit per acre; or
251          (ii) a commercial or industrial development for which cost projections exceed
252     $750,000 for all phases.
253          (2) For purposes of this part:
254          (a) the owner of real property shall be:
255          (i) except as provided in Subsection (2)(a)(ii), the record title owner according to the
256     records of the county recorder on the date of the filing of the petition or protest; or
257          (ii) the lessee of military land, as defined in Section 63H-1-102, if the area proposed
258     for annexation includes military land that is within a project area described in a project area
259     plan adopted by the military installation development authority under Title 63H, Chapter 1,
260     Military Installation Development Authority Act; and
261          (b) the value of private real property shall be determined according to the last
262     assessment roll for county taxes before the filing of the petition or protest.
263          (3) For purposes of each provision of this part that requires the owners of private real
264     property covering a percentage or majority of the total private land area within an area to sign a
265     petition or protest:
266          (a) a parcel of real property may not be included in the calculation of the required
267     percentage or majority unless the petition or protest is signed by:
268          (i) except as provided in Subsection (3)(a)(ii), owners representing a majority
269     ownership interest in that parcel; or
270          (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
271     of owners of that parcel;
272          (b) the signature of a person signing a petition or protest in a representative capacity on
273     behalf of an owner is invalid unless:

274          (i) the person's representative capacity and the name of the owner the person represents
275     are indicated on the petition or protest with the person's signature; and
276          (ii) the person provides documentation accompanying the petition or protest that
277     substantiates the person's representative capacity; and
278          (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
279     petition or protest on behalf of a deceased owner.
280          Section 3. Section 10-2-403 is amended to read:
281          10-2-403. Annexation petition -- Requirements -- Notice required before filing.
282          (1) Except as provided in Section 10-2-418, the process to annex an unincorporated
283     area to a municipality is initiated by a petition as provided in this section.
284          (2) (a) (i) Before filing a petition under Subsection (1), the person or persons intending
285     to file a petition shall:
286          (A) file with the city recorder or town clerk of the proposed annexing municipality a
287     notice of intent to file a petition; and
288          (B) send a copy of the notice of intent to each affected entity.
289          (ii) Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of the
290     area that is proposed to be annexed.
291          (b) (i) Subject to Subsection (2)(b)(ii), the county in which the area proposed to be
292     annexed is located shall:
293          (A) mail the notice described in Subsection (2)(b)(iii) to:
294          (I) each owner of real property located within the area proposed to be annexed; and
295          (II) each owner of real property located within 300 feet of the area proposed to be
296     annexed; and
297          (B) send to the proposed annexing municipality a copy of the notice and a certificate
298     indicating that the notice has been mailed as required under Subsection (2)(b)(i)(A).
299          (ii) The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20
300     days after receiving from the person or persons who filed the notice of intent:
301          (A) a written request to mail the required notice; and
302          (B) payment of an amount equal to the county's expected actual cost of mailing the
303     notice.
304          (iii) Each notice required under Subsection (2)(b)(i)(A) shall:

305          (A) be in writing;
306          (B) state, in bold and conspicuous terms, substantially the following:
307          "Attention: Your property may be affected by a proposed annexation.
308          Records show that you own property within an area that is intended to be included in a
309     proposed annexation to (state the name of the proposed annexing municipality) or that is within
310     300 feet of that area. If your property is within the area proposed for annexation, you may be
311     asked to sign a petition supporting the annexation. You may choose whether to sign the
312     petition. By signing the petition, you indicate your support of the proposed annexation. If you
313     sign the petition but later change your mind about supporting the annexation, you may
314     withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
315     of (state the name of the proposed annexing municipality) within 30 days after (state the name
316     of the proposed annexing municipality) receives notice that the petition has been certified.
317          There will be no public election on the proposed annexation because Utah law does not
318     provide for an annexation to be approved by voters at a public election. Signing or not signing
319     the annexation petition is the method under Utah law for the owners of property within the area
320     proposed for annexation to demonstrate their support of or opposition to the proposed
321     annexation.
322          You may obtain more information on the proposed annexation by contacting (state the
323     name, mailing address, telephone number, and email address of the official or employee of the
324     proposed annexing municipality designated to respond to questions about the proposed
325     annexation), (state the name, mailing address, telephone number, and email address of the
326     county official or employee designated to respond to questions about the proposed annexation),
327     or (state the name, mailing address, telephone number, and email address of the person who
328     filed the notice of intent under Subsection (2)(a)(i)(A), or, if more than one person filed the
329     notice of intent, one of those persons). Once filed, the annexation petition will be available for
330     inspection and copying at the office of (state the name of the proposed annexing municipality)
331     located at (state the address of the municipal offices of the proposed annexing municipality).";
332     and
333          (C) be accompanied by an accurate map identifying the area proposed for annexation.
334          (iv) A county may not mail with the notice required under Subsection (2)(b)(i)(A) any
335     other information or materials related or unrelated to the proposed annexation.

336          (c) (i) After receiving the certificate from the county as provided in Subsection
337     (2)(b)(i)(B), the proposed annexing municipality shall, upon request from the person or persons
338     who filed the notice of intent under Subsection (2)(a)(i)(A), provide an annexation petition for
339     the annexation proposed in the notice of intent.
340          (ii) An annexation petition provided by the proposed annexing municipality may be
341     duplicated for circulation for signatures.
342          (3) Each petition under Subsection (1) shall:
343          (a) be filed with the applicable city recorder or town clerk of the proposed annexing
344     municipality;
345          (b) contain the signatures of, if all the real property within the area proposed for
346     annexation is owned by a public entity other than the federal government, the owners of all the
347     publicly owned real property, or the owners of private real property that:
348          (i) is located within the area proposed for annexation;
349          (ii) (A) subject to Subsection (3)(b)(ii)(C), covers a majority of the private land area
350     within the area proposed for annexation;
351          (B) covers 100% of rural real property within the area proposed for annexation; and
352          (C) covers 100% of the private land area within the area proposed for annexation, if the
353     area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture,
354     Industrial, or Critical Infrastructure Materials Protection Areas, or a migratory bird production
355     area created under Title 23, Chapter 28, Migratory Bird Production Area; and
356          (iii) is equal in value to at least 1/3 of the value of all private real property within the
357     area proposed for annexation;
358          (c) be accompanied by:
359          (i) an accurate and recordable map, prepared by a licensed surveyor in accordance with
360     Section 17-23-20, of the area proposed for annexation; and
361          (ii) a copy of the notice sent to affected entities as required under Subsection
362     (2)(a)(i)(B) and a list of the affected entities to which notice was sent;
363          (d) contain on each signature page a notice in bold and conspicuous terms that states
364     substantially the following:
365          "Notice:
366          • There will be no public election on the annexation proposed by this petition because

367     Utah law does not provide for an annexation to be approved by voters at a public election.
368          • If you sign this petition and later decide that you do not support the petition, you may
369     withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
370     of (state the name of the proposed annexing municipality). If you choose to withdraw your
371     signature, you shall do so no later than 30 days after (state the name of the proposed annexing
372     municipality) receives notice that the petition has been certified.";
373          (e) if the petition proposes a cross-county annexation, as defined in Section 10-2-402.5,
374     be accompanied by a copy of the resolution described in Subsection 10-2-402.5(4)(a)(iii)(A);
375     and
376          (f) designate up to five of the signers of the petition as sponsors, one of whom shall be
377     designated as the contact sponsor, and indicate the mailing address of each sponsor.
378          (4) A petition under Subsection (1) may not propose the annexation of all or part of an
379     area proposed for annexation to a municipality in a previously filed petition that has not been
380     denied, rejected, or granted.
381          (5) If practicable and feasible, the boundaries of an area proposed for annexation shall
382     be drawn:
383          (a) along the boundaries of existing [local] special districts and special service districts
384     for sewer, water, and other services, along the boundaries of school districts whose boundaries
385     follow city boundaries or school districts adjacent to school districts whose boundaries follow
386     city boundaries, and along the boundaries of other taxing entities;
387          (b) to eliminate islands and peninsulas of territory that is not receiving municipal-type
388     services;
389          (c) to facilitate the consolidation of overlapping functions of local government;
390          (d) to promote the efficient delivery of services; and
391          (e) to encourage the equitable distribution of community resources and obligations.
392          (6) On the date of filing, the petition sponsors shall deliver or mail a copy of the
393     petition to the clerk of the county in which the area proposed for annexation is located.
394          (7) A property owner who signs an annexation petition may withdraw the owner's
395     signature by filing a written withdrawal, signed by the property owner, with the city recorder or
396     town clerk no later than 30 days after the municipal legislative body's receipt of the notice of
397     certification under Subsection 10-2-405(2)(c)(i).

398          Section 4. Section 10-2-406 is amended to read:
399          10-2-406. Notice of certification -- Providing notice of petition.
400          (1) After receipt of the notice of certification from the city recorder or town clerk under
401     Subsection 10-2-405(2)(c)(i), the municipal legislative body shall provide notice:
402          (a) within the area proposed for annexation and the unincorporated area within 1/2 mile
403     of the area proposed for annexation, no later than 10 days after the day on which the municipal
404     legislative body receives the notice of certification:
405          (i) by posting one notice, and at least one additional notice per 2,000 population within
406     the combined area, in places within the combined area that are most likely to give notice to the
407     residents within, and the owners of real property located within, the combined area, subject to a
408     maximum of 10 notices; or
409          (ii) by mailing the notice to each residence within, and to each owner of real property
410     located within, the combined area;
411          (b) by posting notice on the Utah Public Notice Website, created in Section
412     63A-16-601, for three weeks, beginning no later than 10 days after the day on which the
413     municipal legislative body receives the notice of certification;
414          (c) within 20 days after the day on which the municipal legislative body receives the
415     notice of certification, by mailing written notice to each affected entity; and
416          (d) if the municipality has a website, by posting notice on the municipality's website for
417     the period of time described in Subsection (1)(b).
418          (2) The notice described in Subsection (1) shall:
419          (a) state that a petition has been filed with the municipality proposing the annexation of
420     an area to the municipality;
421          (b) state the date of the municipal legislative body's receipt of the notice of certification
422     under Subsection 10-2-405(2)(c)(i);
423          (c) describe the area proposed for annexation in the annexation petition;
424          (d) state that the complete annexation petition is available for inspection and copying at
425     the office of the city recorder or town clerk;
426          (e) state in conspicuous and plain terms that the municipality may grant the petition
427     and annex the area described in the petition unless, within the time required under Subsection
428     10-2-407(2)(a)(i), a written protest to the annexation petition is filed with the commission and

429     a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
430     municipality;
431          (f) state the address of the commission or, if a commission has not yet been created in
432     the county, the county clerk, where a protest to the annexation petition may be filed;
433          (g) state that the area proposed for annexation to the municipality will also
434     automatically be annexed to a [local] special district providing fire protection, paramedic, and
435     emergency services or a [local] special district providing law enforcement service, as the case
436     may be, as provided in Section 17B-1-416, if:
437          (i) the proposed annexing municipality is entirely within the boundaries of a [local]
438     special district:
439          (A) that provides fire protection, paramedic, and emergency services or law
440     enforcement service, respectively; and
441          (B) in the creation of which an election was not required because of Subsection
442     17B-1-214(3)(c); and
443          (ii) the area proposed to be annexed to the municipality is not already within the
444     boundaries of the [local] special district; and
445          (h) state that the area proposed for annexation to the municipality will be automatically
446     withdrawn from a [local] special district providing fire protection, paramedic, and emergency
447     services or a [local] special district providing law enforcement service, as the case may be, as
448     provided in Subsection 17B-1-502(2), if:
449          (i) the petition proposes the annexation of an area that is within the boundaries of a
450     [local] special district:
451          (A) that provides fire protection, paramedic, and emergency services or law
452     enforcement service, respectively; and
453          (B) in the creation of which an election was not required because of Subsection
454     17B-1-214(3)(c); and
455          (ii) the proposed annexing municipality is not within the boundaries of the [local]
456     special district.
457          (3) (a) The statement required by Subsection (2)(e) shall state the deadline for filing a
458     written protest in terms of the actual date rather than by reference to the statutory citation.
459          (b) In addition to the requirements under Subsection (2), a notice under Subsection (1)

460     for a proposed annexation of an area within a county of the first class shall include a statement
461     that a protest to the annexation petition may be filed with the commission by property owners if
462     it contains the signatures of the owners of private real property that:
463          (i) is located in the unincorporated area within 1/2 mile of the area proposed for
464     annexation;
465          (ii) covers at least 25% of the private land area located in the unincorporated area
466     within 1/2 mile of the area proposed for annexation; and
467          (iii) is equal in value to at least 15% of all real property located in the unincorporated
468     area within 1/2 mile of the area proposed for annexation.
469          Section 5. Section 10-2-412 is amended to read:
470          10-2-412. Boundary commission authority -- Expenses -- Records.
471          (1) The boundary commission for each county shall hear and decide, according to the
472     provisions of this part, each protest filed under Section 10-2-407, with respect to an area that is
473     located within that county.
474          (2) A boundary commission may:
475          (a) adopt and enforce rules of procedure for the orderly and fair conduct of its
476     proceedings;
477          (b) authorize a member of the commission to administer oaths if necessary in the
478     performance of the commission's duties;
479          (c) employ staff personnel and professional or consulting services reasonably necessary
480     to enable the commission to carry out its duties; and
481          (d) incur reasonable and necessary expenses to enable the commission to carry out its
482     duties.
483          (3) The legislative body of each county shall, with respect to the boundary commission
484     in that county:
485          (a) furnish the commission necessary quarters, equipment, and supplies;
486          (b) pay necessary operating expenses incurred by the commission; and
487          (c) reimburse the reasonable and necessary expenses incurred by each member
488     appointed under Subsection 10-2-409(2)(a)(iii) or (b)(iii), unless otherwise provided by
489     interlocal agreement.
490          (4) Each county or municipal legislative body shall reimburse the reasonable and

491     necessary expenses incurred by a commission member who is an elected county or municipal
492     officer, respectively.
493          (5) Records, information, and other relevant materials necessary to enable the
494     commission to carry out its duties shall, upon request by the commission, be furnished to the
495     boundary commission by the personnel, employees, and officers of:
496          (a) for a proposed annexation of an area located in a county of the first class:
497          (i) each county, [local] special district, and special service district whose boundaries
498     include an area that is the subject of a protest under the commission's consideration; and
499          (ii) each municipality whose boundaries may be affected by action of the boundary
500     commission; or
501          (b) for a proposed annexation of an area located in a specified county, each affected
502     entity:
503          (i) whose boundaries include any part of the area proposed for annexation; or
504          (ii) that may be affected by action of the boundary commission.
505          Section 6. Section 10-2-413 is amended to read:
506          10-2-413. Feasibility consultant -- Feasibility study -- Modifications to feasibility
507     study.
508          (1) (a) For a proposed annexation of an area located in a county of the first class, unless
509     a proposed annexing municipality denies an annexation petition under Subsection
510     10-2-407(5)(a)(i) and except as provided in Subsection (1)(b), the commission shall choose and
511     engage a feasibility consultant within 45 days of:
512          (i) the commission's receipt of a protest under Section 10-2-407, if the commission had
513     been created before the filing of the protest; or
514          (ii) the commission's creation, if the commission is created after the filing of a protest.
515          (b) Notwithstanding Subsection (1)(a), the commission may not require a feasibility
516     study with respect to a petition that proposes the annexation of an area that:
517          (i) is undeveloped; and
518          (ii) covers an area that is equivalent to less than 5% of the total land mass of all private
519     real property within the municipality.
520          (2) The commission shall require the feasibility consultant to:
521          (a) complete a feasibility study on the proposed annexation and submit written results

522     of the study to the commission no later than 75 days after the feasibility consultant is engaged
523     to conduct the study;
524          (b) submit with the full written results of the feasibility study a summary of the results
525     no longer than a page in length; and
526          (c) attend the public hearing under Subsection 10-2-415(1) and present the feasibility
527     study results and respond to questions at that hearing.
528          (3) (a) Subject to Subsection (4), the feasibility study shall consider:
529          (i) the population and population density within the area proposed for annexation, the
530     surrounding unincorporated area, and, if a protest was filed by a municipality with boundaries
531     within 1/2 mile of the area proposed for annexation, that municipality;
532          (ii) the geography, geology, and topography of and natural boundaries within the area
533     proposed for annexation, the surrounding unincorporated area, and, if a protest was filed by a
534     municipality with boundaries within 1/2 mile of the area proposed for annexation, that
535     municipality;
536          (iii) whether the proposed annexation eliminates, leaves, or creates an unincorporated
537     island or unincorporated peninsula;
538          (iv) whether the proposed annexation will hinder or prevent a future and more logical
539     and beneficial annexation or a future logical and beneficial incorporation;
540          (v) the fiscal impact of the proposed annexation on the remaining unincorporated area,
541     other municipalities, [local] special districts, special service districts, school districts, and other
542     governmental entities;
543          (vi) current and five-year projections of demographics and economic base in the area
544     proposed for annexation and surrounding unincorporated area, including household size and
545     income, commercial and industrial development, and public facilities;
546          (vii) projected growth in the area proposed for annexation and the surrounding
547     unincorporated area during the next five years;
548          (viii) the present and five-year projections of the cost of governmental services in the
549     area proposed for annexation;
550          (ix) the present and five-year projected revenue to the proposed annexing municipality
551     from the area proposed for annexation;
552          (x) the projected impact the annexation will have over the following five years on the

553     amount of taxes that property owners within the area proposed for annexation, the proposed
554     annexing municipality, and the remaining unincorporated county will pay;
555          (xi) past expansion in terms of population and construction in the area proposed for
556     annexation and the surrounding unincorporated area;
557          (xii) the extension during the past 10 years of the boundaries of each other municipality
558     near the area proposed for annexation, the willingness of the other municipality to annex the
559     area proposed for annexation, and the probability that another municipality would annex some
560     or all of the area proposed for annexation during the next five years if the annexation did not
561     occur;
562          (xiii) the history, culture, and social aspects of the area proposed for annexation and
563     surrounding area;
564          (xiv) the method of providing and the entity that has provided municipal-type services
565     in the past to the area proposed for incorporation and the feasibility of municipal-type services
566     being provided by the proposed annexing municipality; and
567          (xv) the effect on each school district whose boundaries include part or all of the area
568     proposed for annexation or the proposed annexing municipality.
569          (b) For purposes of Subsection (3)(a)(ix), the feasibility consultant shall assume ad
570     valorem property tax rates on residential property within the area proposed for annexation at
571     the same level that residential property within the proposed annexing municipality would be
572     without the annexation.
573          (c) For purposes of Subsection (3)(a)(viii), the feasibility consultant shall assume that
574     the level and quality of governmental services that will be provided to the area proposed for
575     annexation in the future is essentially comparable to the level and quality of governmental
576     services being provided within the proposed annexing municipality at the time of the feasibility
577     study.
578          (4) (a) Except as provided in Subsection (4)(b), the commission may modify the depth
579     of study of and detail given to the items listed in Subsection (3)(a) by the feasibility consultant
580     in conducting the feasibility study depending upon:
581          (i) the size of the area proposed for annexation;
582          (ii) the size of the proposed annexing municipality;
583          (iii) the extent to which the area proposed for annexation is developed;

584          (iv) the degree to which the area proposed for annexation is expected to develop and
585     the type of development expected; and
586          (v) the number and type of protests filed against the proposed annexation.
587          (b) Notwithstanding Subsection (4)(a), the commission may not modify the
588     requirement that the feasibility consultant provide a full and complete analysis of the items
589     listed in Subsections (3)(a)(viii), (ix), and (xv).
590          (5) If the results of the feasibility study do not meet the requirements of Subsection
591     10-2-416(3), the feasibility consultant may, as part of the feasibility study, make
592     recommendations as to how the boundaries of the area proposed for annexation may be altered
593     so that the requirements of Subsection 10-2-416(3) may be met.
594          (6) (a) Except as provided in Subsection (6)(b), the feasibility consultant fees and
595     expenses shall be shared equally by the proposed annexing municipality and each entity or
596     group under Subsection 10-2-407(1) that files a protest.
597          (b) (i) Except as provided in Subsection (6)(b)(ii), if a protest is filed by property
598     owners under Subsection 10-2-407(1)(c), the county in which the area proposed for annexation
599     shall pay the owners' share of the feasibility consultant's fees and expenses.
600          (ii) Notwithstanding Subsection (6)(b)(i), if both the county and the property owners
601     file a protest, the county and the proposed annexing municipality shall equally share the
602     property owners' share of the feasibility consultant's fees and expenses.
603          Section 7. Section 10-2-414 is amended to read:
604          10-2-414. Modified annexation petition -- Supplemental feasibility study.
605          (1) (a) (i) If the results of the feasibility study with respect to a proposed annexation of
606     an area located in a county of the first class do not meet the requirements of Subsection
607     10-2-416(3), the sponsors of the annexation petition may, within 45 days of the feasibility
608     consultant's submission of the results of the study, file with the city recorder or town clerk of
609     the proposed annexing municipality a modified annexation petition altering the boundaries of
610     the proposed annexation.
611          (ii) On the date of filing a modified annexation petition under Subsection (1)(a)(i), the
612     sponsors of the annexation petition shall deliver or mail a copy of the modified annexation
613     petition to the clerk of the county in which the area proposed for annexation is located.
614          (b) Each modified annexation petition under Subsection (1)(a) shall comply with the

615     requirements of Subsections 10-2-403(3) and (4).
616          (2) (a) Within 20 days of the city recorder or town clerk's receipt of the modified
617     annexation petition, the city recorder or town clerk, as the case may be, shall follow the same
618     procedure for the modified annexation petition as provided under Subsections 10-2-405(2) and
619     (3)(a) for an original annexation petition.
620          (b) If the city recorder or town clerk certifies the modified annexation petition under
621     Subsection 10-2-405(2)(c)(i), the city recorder or town clerk, as the case may be, shall send
622     written notice of the certification to:
623          (i) the commission;
624          (ii) each entity that filed a protest to the annexation petition; and
625          (iii) if a protest was filed under Subsection 10-2-407(1)(c), the contact person.
626          (c) (i) If the modified annexation petition proposes the annexation of an area that
627     includes part or all of a [local] special district, special service district, or school district that
628     was not included in the area proposed for annexation in the original petition, the city recorder
629     or town clerk, as the case may be, shall also send notice of the certification of the modified
630     annexation petition to the board of the [local] special district, special service district, or school
631     district.
632          (ii) If the area proposed for annexation in the modified annexation petition is within
633     1/2 mile of the boundaries of a municipality whose boundaries were not within 1/2 mile of the
634     area proposed for annexation in the original annexation petition, the city recorder or town
635     clerk, as the case may be, shall also send notice of the certification of the modified annexation
636     petition to the legislative body of that municipality.
637          (3) Within 10 days of the commission's receipt of the notice under Subsection (2)(b),
638     the commission shall engage the feasibility consultant that conducted the feasibility study to
639     supplement the feasibility study to take into account the information in the modified
640     annexation petition that was not included in the original annexation petition.
641          (4) The commission shall require the feasibility consultant to complete the
642     supplemental feasibility study and to submit written results of the supplemental study to the
643     commission no later than 30 days after the feasibility consultant is engaged to conduct the
644     supplemental feasibility study.
645          Section 8. Section 10-2-418 is amended to read:

646          10-2-418. Annexation of an island or peninsula without a petition -- Notice --
647     Hearing.
648          (1) As used in Subsection (2)(b)(ii), for purposes of an annexation conducted in
649     accordance with this section of an area located within a county of the first class,
650     "municipal-type services" does not include a service provided by a municipality pursuant to a
651     contract that the municipality has with another political subdivision as "political subdivision" is
652     defined in Section 17B-1-102.
653          (2) Notwithstanding Subsection 10-2-402(2), a municipality may annex an
654     unincorporated area under this section without an annexation petition if:
655          (a) for an unincorporated area within the expansion area of more than one municipality,
656     each municipality agrees to the annexation; and
657          (b) (i) (A) the area to be annexed consists of one or more unincorporated islands within
658     or unincorporated peninsulas contiguous to the municipality;
659          (B) the majority of each island or peninsula consists of residential or commercial
660     development;
661          (C) the area proposed for annexation requires the delivery of municipal-type services;
662     and
663          (D) the municipality has provided most or all of the municipal-type services to the area
664     for more than one year;
665          (ii) (A) the area to be annexed consists of one or more unincorporated islands within or
666     unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800
667     residents; and
668          (B) the municipality has provided one or more municipal-type services to the area for
669     at least one year;
670          (iii) the area consists of:
671          (A) an unincorporated island within or an unincorporated peninsula contiguous to the
672     municipality; and
673          (B) for an area outside of the county of the first class proposed for annexation, no more
674     than 50 acres; or
675          (iv) (A) the area to be annexed consists only of one or more unincorporated islands in a
676     county of the second class;

677          (B) the area to be annexed is located in the expansion area of a municipality; and
678          (C) the county legislative body in which the municipality is located provides notice to
679     each property owner within the area to be annexed that the county legislative body will hold a
680     public hearing, no less than 15 days after the day on which the county legislative body provides
681     the notice, and may make a recommendation of annexation to the municipality whose
682     expansion area includes the area to be annexed after the public hearing.
683          (3) Notwithstanding Subsection 10-2-402(1)(b)(iii), a municipality may annex a
684     portion of an unincorporated island or unincorporated peninsula under this section, leaving
685     unincorporated the remainder of the unincorporated island or unincorporated peninsula, if:
686          (a) in adopting the resolution under Subsection (5)(a) the municipal legislative body
687     determines that not annexing the entire unincorporated island or unincorporated peninsula is in
688     the municipality's best interest; and
689          (b) for an annexation of one or more unincorporated islands under Subsection (2)(b),
690     the entire island of unincorporated area, of which a portion is being annexed, complies with the
691     requirement of Subsection (2)(b)(ii) relating to the number of residents.
692          (4) (a) This Subsection (4) applies only to an annexation within a county of the first
693     class.
694          (b) A county of the first class shall agree to an annexation if the majority of private
695     property owners within the area to be annexed give written consent to the annexation, in
696     accordance with Subsection (4)(d), to the recorder of the annexing municipality.
697          (c) For purposes of Subsection (4)(b), the majority of private property owners is
698     property owners who own:
699          (i) the majority of the total private land area within the area proposed for annexation;
700     and
701          (ii) private real property equal to at least 1/2 the value of private real property within
702     the area proposed for annexation.
703          (d) A property owner consenting to annexation shall indicate the property owner's
704     consent on a form which includes language in substantially the following form:
705          "Notice: If this written consent is used to proceed with an annexation of your property
706     in accordance with Utah Code Section 10-2-418, no public election is required by law to
707     approve the annexation. If you sign this consent and later decide you do not want to support

708     the annexation of your property, you may withdraw your signature by submitting a signed,
709     written withdrawal with the recorder or clerk of [name of annexing municipality]. If you
710     choose to withdraw your signature, you must do so no later than the close of the public hearing
711     on the annexation conducted in accordance with Utah Code Subsection 10-2-418(4)(d).".
712          (e) A private property owner may withdraw the property owner's signature indicating
713     consent by submitting a signed, written withdrawal with the recorder or clerk no later than the
714     close of the public hearing held in accordance with Subsection (5)(b).
715          (5) The legislative body of each municipality intending to annex an area under this
716     section shall:
717          (a) adopt a resolution indicating the municipal legislative body's intent to annex the
718     area, describing the area proposed to be annexed; and
719          (b) hold a public hearing on the proposed annexation no earlier than 30 days after the
720     adoption of the resolution described in Subsection (5)(a).
721          (6) A legislative body described in Subsection (5) shall provide notice of a public
722     hearing described in Subsection (5)(b):
723          (a) (i) at least three weeks before the day of the public hearing, by posting one notice,
724     and at least one additional notice per 2,000 population in the municipality and the area
725     proposed for annexation, in places within the combined area that are most likely to give notice
726     to the residents within, and the owners of real property located within, the combined area,
727     subject to a maximum of 10 notices; or
728          (ii) at least three weeks before the day of the public hearing, by mailing notice to each
729     residence within, and each owner of real property located within, the combined area described
730     in Subsection (6)(a)(i);
731          (b) by posting notice on the Utah Public Notice Website, created in Section
732     63A-16-601, for three weeks before the day of the public hearing;
733          (c) by sending written notice to:
734          (i) the board of each [local] special district and special service district whose
735     boundaries contain some or all of the area proposed for annexation; and
736          (ii) the legislative body of the county in which the area proposed for annexation is
737     located; and
738          (d) if the municipality has a website, by posting notice on the municipality's website for

739     three weeks before the day of the public hearing.
740          (7) The legislative body of the annexing municipality shall ensure that:
741          (a) each notice described in Subsection (6):
742          (i) states that the municipal legislative body has adopted a resolution indicating the
743     municipality's intent to annex the area proposed for annexation;
744          (ii) states the date, time, and place of the public hearing described in Subsection (5)(b);
745          (iii) describes the area proposed for annexation; and
746          (iv) except for an annexation that meets the requirements of Subsection (8)(b) or (c),
747     states in conspicuous and plain terms that the municipal legislative body will annex the area
748     unless, at or before the public hearing described in Subsection (5)(b), written protests to the
749     annexation are filed by the owners of private real property that:
750          (A) is located within the area proposed for annexation;
751          (B) covers a majority of the total private land area within the entire area proposed for
752     annexation; and
753          (C) is equal in value to at least 1/2 the value of all private real property within the
754     entire area proposed for annexation; and
755          (b) the first publication of the notice described in Subsection (6)(a) occurs within 14
756     days after the day on which the municipal legislative body adopts a resolution under Subsection
757     (5)(a).
758          (8) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), upon conclusion of the
759     public hearing described in Subsection (5)(b), the municipal legislative body may adopt an
760     ordinance approving the annexation of the area proposed for annexation under this section
761     unless, at or before the hearing, written protests to the annexation have been filed with the
762     recorder or clerk of the municipality by the owners of private real property that:
763          (i) is located within the area proposed for annexation;
764          (ii) covers a majority of the total private land area within the entire area proposed for
765     annexation; and
766          (iii) is equal in value to at least 1/2 the value of all private real property within the
767     entire area proposed for annexation.
768          (b) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
769     described in Subsection (5)(b), a municipality may adopt an ordinance approving the

770     annexation of the area proposed for annexation under this section without allowing or
771     considering protests under Subsection (8)(a) if the owners of at least 75% of the total private
772     land area within the entire area proposed for annexation, representing at least 75% of the value
773     of the private real property within the entire area proposed for annexation, have consented in
774     writing to the annexation.
775          (ii) Upon the effective date under Section 10-2-425 of an annexation approved by an
776     ordinance adopted under Subsection (8)(b)(i), the area annexed is conclusively presumed to be
777     validly annexed.
778          (c) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
779     described in Subsection (5)(b), a municipality may adopt an ordinance approving the
780     annexation of an area that the county legislative body proposes for annexation under this
781     section without allowing or considering protests under Subsection (8)(a) if the county
782     legislative body has formally recommended annexation to the annexing municipality and has
783     made a formal finding that:
784          (A) the area to be annexed can be more efficiently served by the municipality than by
785     the county;
786          (B) the area to be annexed is not likely to be naturally annexed by the municipality in
787     the future as the result of urban development;
788          (C) annexation of the area is likely to facilitate the consolidation of overlapping
789     functions of local government; and
790          (D) annexation of the area is likely to result in an equitable distribution of community
791     resources and obligations.
792          (ii) The county legislative body may base the finding required in Subsection
793     (8)(c)(i)(B) on:
794          (A) existing development in the area;
795          (B) natural or other conditions that may limit the future development of the area; or
796          (C) other factors that the county legislative body considers relevant.
797          (iii) A county legislative body may make the recommendation for annexation required
798     in Subsection (8)(c)(i) for only a portion of an unincorporated island if, as a result of
799     information provided at the public hearing, the county legislative body makes a formal finding
800     that it would be equitable to leave a portion of the island unincorporated.

801          (iv) If a county legislative body has made a recommendation of annexation under
802     Subsection (8)(c)(i):
803          (A) the relevant municipality is not required to proceed with the recommended
804     annexation; and
805          (B) if the relevant municipality proceeds with annexation, the municipality shall annex
806     the entire area that the county legislative body recommended for annexation.
807          (v) Upon the effective date under Section 10-2-425 of an annexation approved by an
808     ordinance adopted under Subsection (8)(c)(i), the area annexed is conclusively presumed to be
809     validly annexed.
810          (9) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), if protests are timely
811     filed under Subsection (8)(a), the municipal legislative body may not adopt an ordinance
812     approving the annexation of the area proposed for annexation, and the annexation proceedings
813     under this section shall be considered terminated.
814          (b) Subsection (9)(a) does not prohibit the municipal legislative body from excluding
815     from a proposed annexation under Subsection (2)(b) the property within an unincorporated
816     island regarding which protests have been filed and proceeding under Subsection (3) to annex
817     some or all of the remaining portion of the unincorporated island.
818          Section 9. Section 10-2-419 is amended to read:
819          10-2-419. Boundary adjustment -- Notice and hearing -- Protest.
820          (1) The legislative bodies of two or more municipalities having common boundaries
821     may adjust their common boundaries as provided in this section.
822          (2) The legislative body of each municipality intending to adjust a boundary that is
823     common with another municipality shall:
824          (a) adopt a resolution indicating the intent of the municipal legislative body to adjust a
825     common boundary; and
826          (b) hold a public hearing on the proposed adjustment no less than 60 days after the
827     adoption of the resolution under Subsection (2)(a).
828          (3) A legislative body described in Subsection (2) shall provide notice of a public
829     hearing described in Subsection (2)(b):
830          (a) (i) at least three weeks before the day of the public hearing, by posting one notice,
831     and at least one additional notice per 2,000 population of the municipality, in places within the

832     municipality that are most likely to give notice to residents of the municipality, subject to a
833     maximum of 10 notices; or
834          (ii) at least three weeks before the day of the public hearing, by mailing notice to each
835     residence in the municipality;
836          (b) by posting notice on the Utah Public Notice Website, created in Section
837     63A-16-601, for three weeks before the day of the public hearing;
838          (c) if the proposed boundary adjustment may cause any part of real property owned by
839     the state to be within the geographic boundary of a different local governmental entity than
840     before the adjustment, by providing written notice, at least 50 days before the day of the public
841     hearing, to:
842          (i) the title holder of any state-owned real property described in this Subsection (3)(d);
843     and
844          (ii) the Utah State Developmental Center Board, created under Section 62A-5-202.5, if
845     any state-owned real property described in this Subsection (3)(d) is associated with the Utah
846     State Developmental Center; and
847          (d) if the municipality has a website, by posting notice on the municipality's website for
848     three weeks before the day of the public hearing.
849          (4) The notice described in Subsection (3) shall:
850          (a) state that the municipal legislative body has adopted a resolution indicating the
851     municipal legislative body's intent to adjust a boundary that the municipality has in common
852     with another municipality;
853          (b) describe the area proposed to be adjusted;
854          (c) state the date, time, and place of the public hearing described in Subsection (2)(b);
855          (d) state in conspicuous and plain terms that the municipal legislative body will adjust
856     the boundaries unless, at or before the public hearing described in Subsection (2)(b), a written
857     protest to the adjustment is filed by:
858          (i) an owner of private real property that:
859          (A) is located within the area proposed for adjustment;
860          (B) covers at least 25% of the total private land area within the area proposed for
861     adjustment; and
862          (C) is equal in value to at least 15% of the value of all private real property within the

863     area proposed for adjustment; or
864          (ii) a title holder of state-owned real property described in Subsection (3)(d);
865          (e) state that the area that is the subject of the boundary adjustment will, because of the
866     boundary adjustment, be automatically annexed to a [local] special district providing fire
867     protection, paramedic, and emergency services or a [local] special district providing law
868     enforcement service, as the case may be, as provided in Section 17B-1-416, if:
869          (i) the municipality to which the area is being added because of the boundary
870     adjustment is entirely within the boundaries of a [local] special district:
871          (A) that provides fire protection, paramedic, and emergency services or law
872     enforcement service, respectively; and
873          (B) in the creation of which an election was not required because of Subsection
874     17B-1-214(3)(c); and
875          (ii) the municipality from which the area is being taken because of the boundary
876     adjustment is not within the boundaries of the [local] special district; and
877          (f) state that the area proposed for annexation to the municipality will be automatically
878     withdrawn from a [local] special district providing fire protection, paramedic, and emergency
879     services, as provided in Subsection 17B-1-502(2), if:
880          (i) the municipality to which the area is being added because of the boundary
881     adjustment is not within the boundaries of a [local] special district:
882          (A) that provides fire protection, paramedic, and emergency services; and
883          (B) in the creation of which an election was not required because of Subsection
884     17B-1-214(3)(c); and
885          (ii) the municipality from which the area is being taken because of the boundary
886     adjustment is entirely within the boundaries of the [local] special district.
887          (5) Upon conclusion of the public hearing described in Subsection (2)(b), the
888     municipal legislative body may adopt an ordinance approving the adjustment of the common
889     boundary unless, at or before the hearing described in Subsection (2)(b), a written protest to the
890     adjustment is filed with the city recorder or town clerk by a person described in Subsection
891     (3)(c)(i) or (ii).
892          (6) The municipal legislative body shall comply with the requirements of Section
893     10-2-425 as if the boundary adjustment were an annexation.

894          (7) (a) An ordinance adopted under Subsection (5) becomes effective when each
895     municipality involved in the boundary adjustment has adopted an ordinance under Subsection
896     (5).
897          (b) The effective date of a boundary adjustment under this section is governed by
898     Section 10-2-425.
899          Section 10. Section 10-2-425 is amended to read:
900          10-2-425. Filing of notice and plat -- Recording and notice requirements --
901     Effective date of annexation or boundary adjustment.
902          (1) The legislative body of each municipality that enacts an ordinance under this part
903     approving the annexation of an unincorporated area or the adjustment of a boundary, or the
904     legislative body of an eligible city, as defined in Section 10-2a-403, that annexes an
905     unincorporated island upon the results of an election held in accordance with Section
906     10-2a-404, shall:,
907          (a) within 60 days after enacting the ordinance or the day of the election or, in the case
908     of a boundary adjustment, within 60 days after each of the municipalities involved in the
909     boundary adjustment has enacted an ordinance, file with the lieutenant governor:
910          (i) a notice of an impending boundary action, as defined in Section 67-1a-6.5, that
911     meets the requirements of Subsection 67-1a-6.5(3); and
912          (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5;
913          (b) upon the lieutenant governor's issuance of a certificate of annexation or boundary
914     adjustment, as the case may be, under Section 67-1a-6.5:
915          (i) if the annexed area or area subject to the boundary adjustment is located within the
916     boundary of a single county, submit to the recorder of that county the original notice of an
917     impending boundary action, the original certificate of annexation or boundary adjustment, the
918     original approved final local entity plat, and a certified copy of the ordinance approving the
919     annexation or boundary adjustment; or
920          (ii) if the annexed area or area subject to the boundary adjustment is located within the
921     boundaries of more than a single county:
922          (A) submit to the recorder of one of those counties the original notice of impending
923     boundary action, the original certificate of annexation or boundary adjustment, and the original
924     approved final local entity plat;

925          (B) submit to the recorder of each other county a certified copy of the documents listed
926     in Subsection (1)(b)(ii)(A); and
927          (C) submit a certified copy of the ordinance approving the annexation or boundary
928     adjustment to each county described in Subsections (1)(b)(ii)(A) and (B); and
929          (c) concurrently with Subsection (1)(b):
930          (i) send notice of the annexation or boundary adjustment to each affected entity; and
931          (ii) in accordance with Section 26-8a-414, file with the Department of Health:
932          (A) a certified copy of the ordinance approving the annexation of an unincorporated
933     area or the adjustment of a boundary; and
934          (B) a copy of the approved final local entity plat.
935          (2) If an annexation or boundary adjustment under this part or Chapter 2a, Part 4,
936     Incorporation of Metro Townships and Unincorporated Islands in a County of the First Class
937     on and after May 12, 2015, also causes an automatic annexation to a [local] special district
938     under Section 17B-1-416 or an automatic withdrawal from a [local] special district under
939     Subsection 17B-1-502(2), the municipal legislative body shall, as soon as practicable after the
940     lieutenant governor issues a certificate of annexation or boundary adjustment under Section
941     67-1a-6.5, send notice of the annexation or boundary adjustment to the [local] special district to
942     which the annexed area is automatically annexed or from which the annexed area is
943     automatically withdrawn.
944          (3) Each notice required under Subsection (1) relating to an annexation or boundary
945     adjustment shall state the effective date of the annexation or boundary adjustment, as
946     determined under Subsection (4).
947          (4) An annexation or boundary adjustment under this part is completed and takes
948     effect:
949          (a) for the annexation of or boundary adjustment affecting an area located in a county
950     of the first class, except for an annexation under Section 10-2-418:
951          (i) July 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a
952     certificate of annexation or boundary adjustment if:
953          (A) the certificate is issued during the preceding November 1 through April 30; and
954          (B) the requirements of Subsection (1) are met before that July 1; or
955          (ii) January 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a

956     certificate of annexation or boundary adjustment if:
957          (A) the certificate is issued during the preceding May 1 through October 31; and
958          (B) the requirements of Subsection (1) are met before that January 1; and
959          (b) subject to Subsection (5), for all other annexations and boundary adjustments, the
960     date of the lieutenant governor's issuance, under Section 67-1a-6.5, of a certificate of
961     annexation or boundary adjustment.
962          (5) If an annexation of an unincorporated island is based upon the results of an election
963     held in accordance with Section 10-2a-404:
964          (a) the county and the annexing municipality may agree to a date on which the
965     annexation is complete and takes effect; and
966          (b) the lieutenant governor shall issue, under Section 67-1a-6.5, a certification of
967     annexation on the date agreed to under Subsection (5)(a).
968          (6) (a) As used in this Subsection (6):
969          (i) "Affected area" means:
970          (A) in the case of an annexation, the annexed area; and
971          (B) in the case of a boundary adjustment, any area that, as a result of the boundary
972     adjustment, is moved from within the boundary of one municipality to within the boundary of
973     another municipality.
974          (ii) "Annexing municipality" means:
975          (A) in the case of an annexation, the municipality that annexes an unincorporated area;
976     and
977          (B) in the case of a boundary adjustment, a municipality whose boundary includes an
978     affected area as a result of a boundary adjustment.
979          (b) The effective date of an annexation or boundary adjustment for purposes of
980     assessing property within an affected area is governed by Section 59-2-305.5.
981          (c) Until the documents listed in Subsection (1)(b)(i) are recorded in the office of the
982     recorder of each county in which the property is located, a municipality may not:
983          (i) levy or collect a property tax on property within an affected area;
984          (ii) levy or collect an assessment on property within an affected area; or
985          (iii) charge or collect a fee for service provided to property within an affected area,
986     unless the municipality was charging and collecting the fee within that area immediately before

987     annexation.
988          Section 11. Section 10-2-428 is amended to read:
989          10-2-428. Neither annexation nor boundary adjustment has an effect on the
990     boundaries of most special districts or special service districts.
991          Except as provided in Section 17B-1-416 and Subsection 17B-1-502(2), the annexation
992     of an unincorporated area by a municipality or the adjustment of a boundary shared by
993     municipalities does not affect the boundaries of a [local] special district under [Title 17B,
994     Limited Purpose Local Government Entities - Local Districts,] Title 17B, Limited Purpose
995     Local Government Entities - Special Districts,or a special service district under Title 17D,
996     Chapter 1, Special Service District Act.
997          Section 12. Section 10-2a-205 is amended to read:
998          10-2a-205. Feasibility study -- Feasibility study consultant -- Qualifications for
999     proceeding with incorporation.
1000          (1) Within 90 days after the day on which the lieutenant governor receives a request
1001     that the lieutenant governor certifies under Subsection 10-2a-204(1)(b)(i), the lieutenant
1002     governor shall engage a feasibility consultant selected, in accordance with Subsection (2), to
1003     conduct a feasibility study.
1004          (2) (a) The lieutenant governor shall select a feasibility consultant in accordance with
1005     Title 63G, Chapter 6a, Utah Procurement Code.
1006          (b) The lieutenant governor shall ensure that a feasibility consultant selected under
1007     Subsection (2)(a):
1008          (i) has expertise in the processes and economics of local government; and
1009          (ii) is not affiliated with:
1010          (A) a sponsor of the feasibility study request to which the feasibility study relates; or
1011          (B) the county in which the proposed municipality is located.
1012          (3) The lieutenant governor shall require the feasibility consultant to:
1013          (a) submit a draft of the feasibility study to each applicable person with whom the
1014     feasibility consultant is required to consult under Subsection (4)(c) within 90 days after the day
1015     on which the lieutenant governor engages the feasibility consultant to conduct the study;
1016          (b) allow each person to whom the consultant provides a draft under Subsection (3)(a)
1017     to review and provide comment on the draft;

1018          (c) submit a completed feasibility study, including a one-page summary of the results,
1019     to the following within 120 days after the day on which the lieutenant governor engages the
1020     feasibility consultant to conduct the study:
1021          (i) the lieutenant governor;
1022          (ii) the county legislative body of the county in which the incorporation is proposed;
1023          (iii) the contact sponsor; and
1024          (iv) each person to whom the consultant provided a draft under Subsection (3)(a); and
1025          (d) attend the public hearings described in Section 10-2a-207 to present the feasibility
1026     study results and respond to questions from the public.
1027          (4) (a) The feasibility consultant shall ensure that the feasibility study includes:
1028          (i) an analysis of the population and population density within the area proposed for
1029     incorporation and the surrounding area;
1030          (ii) the current and projected five-year demographics and tax base within the
1031     boundaries of the proposed municipality and surrounding area, including household size and
1032     income, commercial and industrial development, and public facilities;
1033          (iii) subject to Subsection (4)(b), the current and five-year projected cost of providing
1034     municipal services to the proposed municipality, including administrative costs;
1035          (iv) assuming the same tax categories and tax rates as currently imposed by the county
1036     and all other current service providers, the present and five-year projected revenue for the
1037     proposed municipality;
1038          (v) an analysis of the risks and opportunities that might affect the actual costs described
1039     in Subsection (4)(a)(iii) or revenues described in Subsection (4)(a)(iv) of the newly
1040     incorporated municipality;
1041          (vi) an analysis of new revenue sources that may be available to the newly incorporated
1042     municipality that are not available before the area incorporates, including an analysis of the
1043     amount of revenues the municipality might obtain from those revenue sources;
1044          (vii) the projected tax burden per household of any new taxes that may be levied within
1045     the proposed municipality within five years after incorporation;
1046          (viii) the fiscal impact of the municipality's incorporation on unincorporated areas,
1047     other municipalities, [local] special districts, special service districts, and other governmental
1048     entities in the county; and

1049          (ix) if the lieutenant governor excludes property from the proposed municipality under
1050     Section 10-2a-203, an update to the map and legal description described in Subsection
1051     10-2a-202(1)(e).
1052          (b) (i) For purposes of Subsection (4)(a)(iii), the feasibility consultant shall assume the
1053     proposed municipality will provide a level and quality of municipal services that fairly and
1054     reasonably approximate the level and quality of municipal services that are provided to the area
1055     of the proposed municipality at the time the feasibility consultant conducts the feasibility study.
1056          (ii) In determining the present cost of a municipal service, the feasibility consultant
1057     shall consider:
1058          (A) the amount it would cost the proposed municipality to provide the municipal
1059     service for the first five years after the municipality's incorporation; and
1060          (B) the current municipal service provider's present and five-year projected cost of
1061     providing the municipal service.
1062          (iii) In calculating costs under Subsection (4)(a)(iii), the feasibility consultant shall
1063     account for inflation and anticipated growth.
1064          (c) In conducting the feasibility study, the feasibility consultant shall consult with the
1065     following before submitting a draft of the feasibility study under Subsection (3)(a):
1066          (i) if the proposed municipality will include lands owned by the United States federal
1067     government, the entity within the United States federal government that has jurisdiction over
1068     the land;
1069          (ii) if the proposed municipality will include lands owned by the state, the entity within
1070     state government that has jurisdiction over the land;
1071          (iii) each entity that provides a municipal service to a portion of the proposed
1072     municipality; and
1073          (iv) any other special service district that provides services to a portion of the proposed
1074     municipality.
1075          (5) If the five-year projected revenues calculated under Subsection (4)(a)(iv) exceed the
1076     five-year projected costs calculated under Subsection (4)(a)(iii) by more than 5%, the
1077     feasibility consultant shall project and report the expected annual revenue surplus to the contact
1078     sponsor and the lieutenant governor.
1079          (6) (a) Except as provided in Subsection (6)(b), if the results of the feasibility study, or

1080     a supplemental feasibility study described in Section 10-2a-206, show that the average annual
1081     amount of revenue calculated under Subsection (4)(a)(iv) does not exceed the average annual
1082     cost calculated under Subsection (4)(a)(iii) by more than 5%, the process to incorporate the
1083     area that is the subject of the feasibility study or supplemental feasibility study may not
1084     proceed.
1085          (b) The process to incorporate an area described in Subsection (6)(a) may proceed if a
1086     subsequent supplemental feasibility study conducted under Section 10-2a-206 for the proposed
1087     incorporation demonstrates compliance with Subsection (6)(a).
1088          (7) If the results of the feasibility study or revised feasibility study do not comply with
1089     Subsection (6), and if requested by the sponsors of the request, the feasibility consultant shall,
1090     as part of the feasibility study or revised feasibility study, make recommendations regarding
1091     how the boundaries of the proposed municipality may be altered to comply with Subsection
1092     (6).
1093          (8) The lieutenant governor shall post a copy of the feasibility study, and any
1094     supplemental feasibility study described in Section 10-2a-206, on the lieutenant governor's
1095     website and make a copy available for public review at the Office of the Lieutenant Governor.
1096          Section 13. Section 10-2a-210 is amended to read:
1097          10-2a-210. Incorporation election -- Notice of election -- Voter information
1098     pamphlet.
1099          (1) (a) If the lieutenant governor certifies a petition under Subsection 10-2a-209(1)(b),
1100     the lieutenant governor shall schedule an incorporation election for the proposed municipality
1101     described in the petition to be held on the date of the next regular general election described in
1102     Section 20A-1-201, or the next municipal general election described in Section 20A-1-202, that
1103     is at least 65 days after the day on which the lieutenant governor certifies the petition.
1104          (b) (i) The lieutenant governor shall direct the county legislative body of the county in
1105     which the proposed municipality is located to hold the election on the date that the lieutenant
1106     governor schedules under Subsection (1)(a).
1107          (ii) The county shall hold the election as directed by the lieutenant governor under
1108     Subsection (1)(b)(i).
1109          (2) The county clerk shall provide notice of the election:
1110          (a) (i) by publishing notice in a newspaper of general circulation within the area

1111     proposed to be incorporated at least once a week for three successive weeks before the election;
1112          (ii) at least three weeks before the day of the election, by posting one notice, and at
1113     least one additional notice per 2,000 population of the area proposed to be incorporated, in
1114     places within the area proposed to be incorporated that are most likely to give notice to the
1115     voters within the area proposed to be incorporated, subject to a maximum of 10 notices; or
1116          (iii) at least three weeks before the day of the election, by mailing notice to each
1117     registered voter in the area proposed to be incorporated;
1118          (b) by posting notice on the Utah Public Notice Website, created in Section
1119     63A-16-601, for three weeks before the day of the election;
1120          (c) if the proposed municipality has a website, by posting notice on the proposed
1121     municipality's website for three weeks before the day of the election; and
1122          (d) by posting notice on the county's website for three weeks before the day of the
1123     election.
1124          (3) (a) The notice required by Subsection (2) shall contain:
1125          (i) a statement of the contents of the petition;
1126          (ii) a description of the area proposed to be incorporated as a municipality;
1127          (iii) a statement of the date and time of the election and the location of polling places;
1128     and
1129          (iv) except as provided in Subsection (3)(b), the feasibility study summary described in
1130     Subsection 10-2a-205(3)(c) and a statement that a full copy of the study is available on the
1131     lieutenant governor's website and for inspection at the Office of the Lieutenant Governor.
1132          (b) Instead of including the feasibility summary under Subsection (3)(a)(iv), the notice
1133     may include a statement that specifies the following sources where a registered voter in the area
1134     proposed to be incorporated may view or obtain a copy of the feasibility study:
1135          (i) the lieutenant governor's website;
1136          (ii) the physical address of the Office of the Lieutenant Governor; and
1137          (iii) a mailing address and telephone number.
1138          (4) (a) In addition to the notice required under Subsection (2), the county clerk shall
1139     publish and distribute, before the incorporation election is held, a voter information pamphlet:
1140          (i) in accordance with the procedures and requirements of Section 20A-7-402;
1141          (ii) in consultation with the lieutenant governor; and

1142          (iii) in a manner that the county clerk determines is adequate, subject to Subsections
1143     (4)(a)(i) and (ii).
1144          (b) The voter information pamphlet described in Subsection (4)(a):
1145          (i) shall inform the public of the proposed incorporation; and
1146          (ii) may include written statements, printed in the same font style and point size, from
1147     proponents and opponents of the proposed incorporation.
1148          (5) An individual may not vote in an incorporation election under this section unless
1149     the individual is a registered voter who [resides] is a resident, as defined in Section 20A-1-102,
1150     within the boundaries of the proposed municipality.
1151          (6) If a majority of those who vote in an incorporation election held under this section
1152     cast votes in favor of incorporation, the area shall incorporate.
1153          Section 14. Section 10-2a-404 is amended to read:
1154          10-2a-404. Election.
1155          (1) (a) Notwithstanding Section 20A-1-203, a county of the first class shall hold a local
1156     special election on November 3, 2015, on the following ballot propositions:
1157          (i) for registered voters residing within a planning township:
1158          (A) whether the planning township shall be incorporated as a city or town, according to
1159     the classifications of Section 10-2-301, or as a metro township; and
1160          (B) if the planning township incorporates as a metro township, whether the metro
1161     township is included in a municipal services district; and
1162          (ii) for registered voters residing within an unincorporated island, whether the island
1163     should maintain its unincorporated status or be annexed into an eligible city.
1164          (b) (i) A metro township incorporated under this part shall be governed by the
1165     five-member council in accordance with Chapter 3b, Part 5, Metro Township Council Form of
1166     Municipal Government.
1167          (ii) A city or town incorporated under this part shall be governed by the five-member
1168     council form of government as defined in Section 10-3b-102.
1169          (2) Unless a person is a registered voter who [resides] is a resident, as defined in
1170     Section 20A-1-102, within the boundaries of a planning township or an unincorporated island,
1171     the person may not vote on the proposed incorporation or annexation.
1172          (3) The county clerk shall post notice of the election on the Utah Public Notice

1173     Website, created in Section 63A-16-601, for three weeks before the election.
1174          (4) The notice required by Subsection (3) shall contain:
1175          (a) for residents of a planning township:
1176          (i) a statement that the voters will vote:
1177          (A) to incorporate as a city or town, according to the classifications of Section
1178     10-2-301, or as a metro township; and
1179          (B) if the planning township incorporates as a metro township, whether the metro
1180     township is included in a municipal services district;
1181          (ii) if applicable under Subsection 10-2a-405(5), a map showing the alteration to the
1182     planning township boundaries that would be effective upon incorporation;
1183          (iii) a statement that if the residents of the planning township elect to incorporate:
1184          (A) as a metro township, the metro township shall be governed by a five-member
1185     metro township council in accordance with Chapter 3b, Part 5, Metro Township Council Form
1186     of Municipal Government; or
1187          (B) as a city or town, the city or town shall be governed by the five-member council
1188     form of government as defined in Section 10-3b-102; and
1189          (iv) a statement of the date and time of the election and the location of polling places;
1190          (b) for residents of an unincorporated island:
1191          (i) a statement that the voters will vote either to be annexed into an eligible city or
1192     maintain unincorporated status; and
1193          (ii) a statement of the eligible city, as determined by the county legislative body in
1194     accordance with Section 10-2a-405, the unincorporated island may elect to be annexed by; and
1195          (c) a statement of the date and time of the election and the location of polling places.
1196          (5) (a) In addition to the notice required under Subsection (3), the county clerk shall
1197     post at least one notice of the election per 1,000 population in conspicuous places within the
1198     planning township or unincorporated island that are most likely to give notice of the election to
1199     the voters of the proposed incorporation or annexation, subject to a maximum of 10 notices.
1200          (b) The clerk shall post the notices under Subsection (5)(a) at least seven days before
1201     the election under Subsection (1).
1202          (6) (a) In a planning township, if a majority of those casting votes within the planning
1203     township vote to:

1204          (i) incorporate as a city or town, the planning township shall incorporate as a city or
1205     town, respectively; or
1206          (ii) incorporate as a metro township, the planning township shall incorporate as a metro
1207     township.
1208          (b) If a majority of those casting votes within the planning township vote to incorporate
1209     as a metro township, and a majority of those casting votes vote to include the metro township
1210     in a municipal services district and limit the metro township's municipal powers, the metro
1211     township shall be included in a municipal services district and have limited municipal powers.
1212          (c) In an unincorporated island, if a majority of those casting a vote within the selected
1213     unincorporated island vote to:
1214          (i) be annexed by the eligible city, the area shall be annexed by the eligible city; or
1215          (ii) remain an unincorporated area, the area shall remain unincorporated.
1216          (7) The county shall, in consultation with interested parties, prepare and provide
1217     information on an annexation or incorporation subject to this part and an election held in
1218     accordance with this section.
1219          Section 15. Section 10-3c-102 is amended to read:
1220          10-3c-102. Definitions.
1221          As used in this chapter:
1222          (1) "Municipal services district" means a [local] special district created in accordance
1223     with Title 17B, Chapter 2a, Part 11, Municipal Services District Act.
1224          (2) "Metro township" means a metro township incorporated in accordance with
1225     Chapter 2a, Part 4, Incorporation of Metro Townships and Unincorporated Islands in a County
1226     of the First Class on and after May 12, 2015.
1227          Section 16. Section 10-9a-103 is amended to read:
1228          10-9a-103. Definitions.
1229          As used in this chapter:
1230          (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
1231     detached from a primary single-family dwelling and contained on one lot.
1232          (2) "Adversely affected party" means a person other than a land use applicant who:
1233          (a) owns real property adjoining the property that is the subject of a land use
1234     application or land use decision; or

1235          (b) will suffer a damage different in kind than, or an injury distinct from, that of the
1236     general community as a result of the land use decision.
1237          (3) "Affected entity" means a county, municipality, [local] special district, special
1238     service district under Title 17D, Chapter 1, Special Service District Act, school district,
1239     interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act,
1240     specified public utility, property owner, property owners association, or the Utah Department
1241     of Transportation, if:
1242          (a) the entity's services or facilities are likely to require expansion or significant
1243     modification because of an intended use of land;
1244          (b) the entity has filed with the municipality a copy of the entity's general or long-range
1245     plan; or
1246          (c) the entity has filed with the municipality a request for notice during the same
1247     calendar year and before the municipality provides notice to an affected entity in compliance
1248     with a requirement imposed under this chapter.
1249          (4) "Affected owner" means the owner of real property that is:
1250          (a) a single project;
1251          (b) the subject of a land use approval that sponsors of a referendum timely challenged
1252     in accordance with Subsection 20A-7-601(6); and
1253          (c) determined to be legally referable under Section 20A-7-602.8.
1254          (5) "Appeal authority" means the person, board, commission, agency, or other body
1255     designated by ordinance to decide an appeal of a decision of a land use application or a
1256     variance.
1257          (6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
1258     residential property if the sign is designed or intended to direct attention to a business, product,
1259     or service that is not sold, offered, or existing on the property where the sign is located.
1260          (7) (a) "Charter school" means:
1261          (i) an operating charter school;
1262          (ii) a charter school applicant that a charter school authorizer approves in accordance
1263     with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
1264          (iii) an entity that is working on behalf of a charter school or approved charter
1265     applicant to develop or construct a charter school building.

1266          (b) "Charter school" does not include a therapeutic school.
1267          (8) "Conditional use" means a land use that, because of the unique characteristics or
1268     potential impact of the land use on the municipality, surrounding neighbors, or adjacent land
1269     uses, may not be compatible in some areas or may be compatible only if certain conditions are
1270     required that mitigate or eliminate the detrimental impacts.
1271          (9) "Constitutional taking" means a governmental action that results in a taking of
1272     private property so that compensation to the owner of the property is required by the:
1273          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
1274          (b) Utah Constitution Article I, Section 22.
1275          (10) "Culinary water authority" means the department, agency, or public entity with
1276     responsibility to review and approve the feasibility of the culinary water system and sources for
1277     the subject property.
1278          (11) "Development activity" means:
1279          (a) any construction or expansion of a building, structure, or use that creates additional
1280     demand and need for public facilities;
1281          (b) any change in use of a building or structure that creates additional demand and need
1282     for public facilities; or
1283          (c) any change in the use of land that creates additional demand and need for public
1284     facilities.
1285          (12) (a) "Development agreement" means a written agreement or amendment to a
1286     written agreement between a municipality and one or more parties that regulates or controls the
1287     use or development of a specific area of land.
1288          (b) "Development agreement" does not include an improvement completion assurance.
1289          (13) (a) "Disability" means a physical or mental impairment that substantially limits
1290     one or more of a person's major life activities, including a person having a record of such an
1291     impairment or being regarded as having such an impairment.
1292          (b) "Disability" does not include current illegal use of, or addiction to, any federally
1293     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
1294     802.
1295          (14) "Educational facility":
1296          (a) means:

1297          (i) a school district's building at which pupils assemble to receive instruction in a
1298     program for any combination of grades from preschool through grade 12, including
1299     kindergarten and a program for children with disabilities;
1300          (ii) a structure or facility:
1301          (A) located on the same property as a building described in Subsection (14)(a)(i); and
1302          (B) used in support of the use of that building; and
1303          (iii) a building to provide office and related space to a school district's administrative
1304     personnel; and
1305          (b) does not include:
1306          (i) land or a structure, including land or a structure for inventory storage, equipment
1307     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
1308          (A) not located on the same property as a building described in Subsection (14)(a)(i);
1309     and
1310          (B) used in support of the purposes of a building described in Subsection (14)(a)(i); or
1311          (ii) a therapeutic school.
1312          (15) "Fire authority" means the department, agency, or public entity with responsibility
1313     to review and approve the feasibility of fire protection and suppression services for the subject
1314     property.
1315          (16) "Flood plain" means land that:
1316          (a) is within the 100-year flood plain designated by the Federal Emergency
1317     Management Agency; or
1318          (b) has not been studied or designated by the Federal Emergency Management Agency
1319     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
1320     the land has characteristics that are similar to those of a 100-year flood plain designated by the
1321     Federal Emergency Management Agency.
1322          (17) "General plan" means a document that a municipality adopts that sets forth general
1323     guidelines for proposed future development of the land within the municipality.
1324          (18) "Geologic hazard" means:
1325          (a) a surface fault rupture;
1326          (b) shallow groundwater;
1327          (c) liquefaction;

1328          (d) a landslide;
1329          (e) a debris flow;
1330          (f) unstable soil;
1331          (g) a rock fall; or
1332          (h) any other geologic condition that presents a risk:
1333          (i) to life;
1334          (ii) of substantial loss of real property; or
1335          (iii) of substantial damage to real property.
1336          (19) "Historic preservation authority" means a person, board, commission, or other
1337     body designated by a legislative body to:
1338          (a) recommend land use regulations to preserve local historic districts or areas; and
1339          (b) administer local historic preservation land use regulations within a local historic
1340     district or area.
1341          (20) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
1342     meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other
1343     utility system.
1344          (21) "Identical plans" means building plans submitted to a municipality that:
1345          (a) are clearly marked as "identical plans";
1346          (b) are substantially identical to building plans that were previously submitted to and
1347     reviewed and approved by the municipality; and
1348          (c) describe a building that:
1349          (i) is located on land zoned the same as the land on which the building described in the
1350     previously approved plans is located;
1351          (ii) is subject to the same geological and meteorological conditions and the same law
1352     as the building described in the previously approved plans;
1353          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
1354     and approved by the municipality; and
1355          (iv) does not require any additional engineering or analysis.
1356          (22) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
1357     Impact Fees Act.
1358          (23) "Improvement completion assurance" means a surety bond, letter of credit,

1359     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
1360     by a municipality to guaranty the proper completion of landscaping or an infrastructure
1361     improvement required as a condition precedent to:
1362          (a) recording a subdivision plat; or
1363          (b) development of a commercial, industrial, mixed use, or multifamily project.
1364          (24) "Improvement warranty" means an applicant's unconditional warranty that the
1365     applicant's installed and accepted landscaping or infrastructure improvement:
1366          (a) complies with the municipality's written standards for design, materials, and
1367     workmanship; and
1368          (b) will not fail in any material respect, as a result of poor workmanship or materials,
1369     within the improvement warranty period.
1370          (25) "Improvement warranty period" means a period:
1371          (a) no later than one year after a municipality's acceptance of required landscaping; or
1372          (b) no later than one year after a municipality's acceptance of required infrastructure,
1373     unless the municipality:
1374          (i) determines for good cause that a one-year period would be inadequate to protect the
1375     public health, safety, and welfare; and
1376          (ii) has substantial evidence, on record:
1377          (A) of prior poor performance by the applicant; or
1378          (B) that the area upon which the infrastructure will be constructed contains suspect soil
1379     and the municipality has not otherwise required the applicant to mitigate the suspect soil.
1380          (26) "Infrastructure improvement" means permanent infrastructure that is essential for
1381     the public health and safety or that:
1382          (a) is required for human occupation; and
1383          (b) an applicant must install:
1384          (i) in accordance with published installation and inspection specifications for public
1385     improvements; and
1386          (ii) whether the improvement is public or private, as a condition of:
1387          (A) recording a subdivision plat;
1388          (B) obtaining a building permit; or
1389          (C) development of a commercial, industrial, mixed use, condominium, or multifamily

1390     project.
1391          (27) "Internal lot restriction" means a platted note, platted demarcation, or platted
1392     designation that:
1393          (a) runs with the land; and
1394          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
1395     the plat; or
1396          (ii) designates a development condition that is enclosed within the perimeter of a lot
1397     described on the plat.
1398          (28) "Land use applicant" means a property owner, or the property owner's designee,
1399     who submits a land use application regarding the property owner's land.
1400          (29) "Land use application":
1401          (a) means an application that is:
1402          (i) required by a municipality; and
1403          (ii) submitted by a land use applicant to obtain a land use decision; and
1404          (b) does not mean an application to enact, amend, or repeal a land use regulation.
1405          (30) "Land use authority" means:
1406          (a) a person, board, commission, agency, or body, including the local legislative body,
1407     designated by the local legislative body to act upon a land use application; or
1408          (b) if the local legislative body has not designated a person, board, commission,
1409     agency, or body, the local legislative body.
1410          (31) "Land use decision" means an administrative decision of a land use authority or
1411     appeal authority regarding:
1412          (a) a land use permit; or
1413          (b) a land use application.
1414          (32) "Land use permit" means a permit issued by a land use authority.
1415          (33) "Land use regulation":
1416          (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
1417     specification, fee, or rule that governs the use or development of land;
1418          (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
1419     and
1420          (c) does not include:

1421          (i) a land use decision of the legislative body acting as the land use authority, even if
1422     the decision is expressed in a resolution or ordinance; or
1423          (ii) a temporary revision to an engineering specification that does not materially:
1424          (A) increase a land use applicant's cost of development compared to the existing
1425     specification; or
1426          (B) impact a land use applicant's use of land.
1427          (34) "Legislative body" means the municipal council.
1428          [(35) "Local district" means an entity under Title 17B, Limited Purpose Local
1429     Government Entities - Local Districts, and any other governmental or quasi-governmental
1430     entity that is not a county, municipality, school district, or the state.]
1431          [(36)] (35) "Local historic district or area" means a geographically definable area that:
1432          (a) contains any combination of buildings, structures, sites, objects, landscape features,
1433     archeological sites, or works of art that contribute to the historic preservation goals of a
1434     legislative body; and
1435          (b) is subject to land use regulations to preserve the historic significance of the local
1436     historic district or area.
1437          [(37)] (36) "Lot" means a tract of land, regardless of any label, that is created by and
1438     shown on a subdivision plat that has been recorded in the office of the county recorder.
1439          [(38)] (37) (a) "Lot line adjustment" means a relocation of a lot line boundary between
1440     adjoining lots or between a lot and adjoining parcels in accordance with Section 10-9a-608:
1441          (i) whether or not the lots are located in the same subdivision; and
1442          (ii) with the consent of the owners of record.
1443          (b) "Lot line adjustment" does not mean a new boundary line that:
1444          (i) creates an additional lot; or
1445          (ii) constitutes a subdivision.
1446          (c) "Lot line adjustment" does not include a boundary line adjustment made by the
1447     Department of Transportation.
1448          [(39)] (38) "Major transit investment corridor" means public transit service that uses or
1449     occupies:
1450          (a) public transit rail right-of-way;
1451          (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;

1452     or
1453          (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
1454     municipality or county and:
1455          (i) a public transit district as defined in Section 17B-2a-802; or
1456          (ii) an eligible political subdivision as defined in Section 59-12-2219.
1457          [(40)] (39) "Moderate income housing" means housing occupied or reserved for
1458     occupancy by households with a gross household income equal to or less than 80% of the
1459     median gross income for households of the same size in the county in which the city is located.
1460          [(41)] (40) "Municipal utility easement" means an easement that:
1461          (a) is created or depicted on a plat recorded in a county recorder's office and is
1462     described as a municipal utility easement granted for public use;
1463          (b) is not a protected utility easement or a public utility easement as defined in Section
1464     54-3-27;
1465          (c) the municipality or the municipality's affiliated governmental entity uses and
1466     occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm
1467     water, or communications or data lines;
1468          (d) is used or occupied with the consent of the municipality in accordance with an
1469     authorized franchise or other agreement;
1470          (e) (i) is used or occupied by a specified public utility in accordance with an authorized
1471     franchise or other agreement; and
1472          (ii) is located in a utility easement granted for public use; or
1473          (f) is described in Section 10-9a-529 and is used by a specified public utility.
1474          [(42)] (41) "Nominal fee" means a fee that reasonably reimburses a municipality only
1475     for time spent and expenses incurred in:
1476          (a) verifying that building plans are identical plans; and
1477          (b) reviewing and approving those minor aspects of identical plans that differ from the
1478     previously reviewed and approved building plans.
1479          [(43)] (42) "Noncomplying structure" means a structure that:
1480          (a) legally existed before the structure's current land use designation; and
1481          (b) because of one or more subsequent land use ordinance changes, does not conform
1482     to the setback, height restrictions, or other regulations, excluding those regulations, which

1483     govern the use of land.
1484          [(44)] (43) "Nonconforming use" means a use of land that:
1485          (a) legally existed before its current land use designation;
1486          (b) has been maintained continuously since the time the land use ordinance governing
1487     the land changed; and
1488          (c) because of one or more subsequent land use ordinance changes, does not conform
1489     to the regulations that now govern the use of the land.
1490          [(45)] (44) "Official map" means a map drawn by municipal authorities and recorded in
1491     a county recorder's office that:
1492          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
1493     highways and other transportation facilities;
1494          (b) provides a basis for restricting development in designated rights-of-way or between
1495     designated setbacks to allow the government authorities time to purchase or otherwise reserve
1496     the land; and
1497          (c) has been adopted as an element of the municipality's general plan.
1498          [(46)] (45) "Parcel" means any real property that is not a lot.
1499          [(47)] (46) (a) "Parcel boundary adjustment" means a recorded agreement between
1500     owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary
1501     line agreement in accordance with Section 10-9a-524, if no additional parcel is created and:
1502          (i) none of the property identified in the agreement is a lot; or
1503          (ii) the adjustment is to the boundaries of a single person's parcels.
1504          (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
1505     line that:
1506          (i) creates an additional parcel; or
1507          (ii) constitutes a subdivision.
1508          (c) "Parcel boundary adjustment" does not include a boundary line adjustment made by
1509     the Department of Transportation.
1510          [(48)] (47) "Person" means an individual, corporation, partnership, organization,
1511     association, trust, governmental agency, or any other legal entity.
1512          [(49)] (48) "Plan for moderate income housing" means a written document adopted by
1513     a municipality's legislative body that includes:

1514          (a) an estimate of the existing supply of moderate income housing located within the
1515     municipality;
1516          (b) an estimate of the need for moderate income housing in the municipality for the
1517     next five years;
1518          (c) a survey of total residential land use;
1519          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
1520     income housing; and
1521          (e) a description of the municipality's program to encourage an adequate supply of
1522     moderate income housing.
1523          [(50)] (49) "Plat" means an instrument subdividing property into lots as depicted on a
1524     map or other graphical representation of lands that a licensed professional land surveyor makes
1525     and prepares in accordance with Section 10-9a-603 or 57-8-13.
1526          [(51)] (50) "Potential geologic hazard area" means an area that:
1527          (a) is designated by a Utah Geological Survey map, county geologist map, or other
1528     relevant map or report as needing further study to determine the area's potential for geologic
1529     hazard; or
1530          (b) has not been studied by the Utah Geological Survey or a county geologist but
1531     presents the potential of geologic hazard because the area has characteristics similar to those of
1532     a designated geologic hazard area.
1533          [(52)] (51) "Public agency" means:
1534          (a) the federal government;
1535          (b) the state;
1536          (c) a county, municipality, school district, [local] special district, special service
1537     district, or other political subdivision of the state; or
1538          (d) a charter school.
1539          [(53)] (52) "Public hearing" means a hearing at which members of the public are
1540     provided a reasonable opportunity to comment on the subject of the hearing.
1541          [(54)] (53) "Public meeting" means a meeting that is required to be open to the public
1542     under Title 52, Chapter 4, Open and Public Meetings Act.
1543          [(55)] (54) "Public street" means a public right-of-way, including a public highway,
1544     public avenue, public boulevard, public parkway, public road, public lane, public alley, public

1545     viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
1546     easement, or other public way.
1547          [(56)] (55) "Receiving zone" means an area of a municipality that the municipality
1548     designates, by ordinance, as an area in which an owner of land may receive a transferable
1549     development right.
1550          [(57)] (56) "Record of survey map" means a map of a survey of land prepared in
1551     accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
1552          [(58)] (57) "Residential facility for persons with a disability" means a residence:
1553          (a) in which more than one person with a disability resides; and
1554          (b) (i) which is licensed or certified by the Department of Human Services under Title
1555     62A, Chapter 2, Licensure of Programs and Facilities; or
1556          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
1557     21, Health Care Facility Licensing and Inspection Act.
1558          [(59)] (58) "Rules of order and procedure" means a set of rules that govern and
1559     prescribe in a public meeting:
1560          (a) parliamentary order and procedure;
1561          (b) ethical behavior; and
1562          (c) civil discourse.
1563          [(60)] (59) "Sanitary sewer authority" means the department, agency, or public entity
1564     with responsibility to review and approve the feasibility of sanitary sewer services or onsite
1565     wastewater systems.
1566          [(61)] (60) "Sending zone" means an area of a municipality that the municipality
1567     designates, by ordinance, as an area from which an owner of land may transfer a transferable
1568     development right.
1569          (61) "Special district" means an entity under Title 17B, Limited Purpose Local
1570     Government Entities - Special Districts, and any other governmental or quasi-governmental
1571     entity that is not a county, municipality, school district, or the state.
1572          (62) "Specified public agency" means:
1573          (a) the state;
1574          (b) a school district; or
1575          (c) a charter school.

1576          (63) "Specified public utility" means an electrical corporation, gas corporation, or
1577     telephone corporation, as those terms are defined in Section 54-2-1.
1578          (64) "State" includes any department, division, or agency of the state.
1579          (65) (a) "Subdivision" means any land that is divided, resubdivided, or proposed to be
1580     divided into two or more lots or other division of land for the purpose, whether immediate or
1581     future, for offer, sale, lease, or development either on the installment plan or upon any and all
1582     other plans, terms, and conditions.
1583          (b) "Subdivision" includes:
1584          (i) the division or development of land, whether by deed, metes and bounds
1585     description, devise and testacy, map, plat, or other recorded instrument, regardless of whether
1586     the division includes all or a portion of a parcel or lot; and
1587          (ii) except as provided in Subsection (65)(c), divisions of land for residential and
1588     nonresidential uses, including land used or to be used for commercial, agricultural, and
1589     industrial purposes.
1590          (c) "Subdivision" does not include:
1591          (i) a bona fide division or partition of agricultural land for the purpose of joining one of
1592     the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
1593     neither the resulting combined parcel nor the parcel remaining from the division or partition
1594     violates an applicable land use ordinance;
1595          (ii) a boundary line agreement recorded with the county recorder's office between
1596     owners of adjoining parcels adjusting the mutual boundary in accordance with Section
1597     10-9a-524 if no new parcel is created;
1598          (iii) a recorded document, executed by the owner of record:
1599          (A) revising the legal descriptions of multiple parcels into one legal description
1600     encompassing all such parcels; or
1601          (B) joining a lot to a parcel;
1602          (iv) a boundary line agreement between owners of adjoining subdivided properties
1603     adjusting the mutual lot line boundary in accordance with Sections 10-9a-524 and 10-9a-608 if:
1604          (A) no new dwelling lot or housing unit will result from the adjustment; and
1605          (B) the adjustment will not violate any applicable land use ordinance;
1606          (v) a bona fide division of land by deed or other instrument if the deed or other

1607     instrument states in writing that the division:
1608          (A) is in anticipation of future land use approvals on the parcel or parcels;
1609          (B) does not confer any land use approvals; and
1610          (C) has not been approved by the land use authority;
1611          (vi) a parcel boundary adjustment;
1612          (vii) a lot line adjustment;
1613          (viii) a road, street, or highway dedication plat;
1614          (ix) a deed or easement for a road, street, or highway purpose; or
1615          (x) any other division of land authorized by law.
1616          (66) "Subdivision amendment" means an amendment to a recorded subdivision in
1617     accordance with Section 10-9a-608 that:
1618          (a) vacates all or a portion of the subdivision;
1619          (b) alters the outside boundary of the subdivision;
1620          (c) changes the number of lots within the subdivision;
1621          (d) alters a public right-of-way, a public easement, or public infrastructure within the
1622     subdivision; or
1623          (e) alters a common area or other common amenity within the subdivision.
1624          (67) "Substantial evidence" means evidence that:
1625          (a) is beyond a scintilla; and
1626          (b) a reasonable mind would accept as adequate to support a conclusion.
1627          (68) "Suspect soil" means soil that has:
1628          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
1629     3% swell potential;
1630          (b) bedrock units with high shrink or swell susceptibility; or
1631          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
1632     commonly associated with dissolution and collapse features.
1633          (69) "Therapeutic school" means a residential group living facility:
1634          (a) for four or more individuals who are not related to:
1635          (i) the owner of the facility; or
1636          (ii) the primary service provider of the facility;
1637          (b) that serves students who have a history of failing to function:

1638          (i) at home;
1639          (ii) in a public school; or
1640          (iii) in a nonresidential private school; and
1641          (c) that offers:
1642          (i) room and board; and
1643          (ii) an academic education integrated with:
1644          (A) specialized structure and supervision; or
1645          (B) services or treatment related to a disability, an emotional development, a
1646     behavioral development, a familial development, or a social development.
1647          (70) "Transferable development right" means a right to develop and use land that
1648     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
1649     land use rights from a designated sending zone to a designated receiving zone.
1650          (71) "Unincorporated" means the area outside of the incorporated area of a city or
1651     town.
1652          (72) "Water interest" means any right to the beneficial use of water, including:
1653          (a) each of the rights listed in Section 73-1-11; and
1654          (b) an ownership interest in the right to the beneficial use of water represented by:
1655          (i) a contract; or
1656          (ii) a share in a water company, as defined in Section 73-3-3.5.
1657          (73) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
1658     land use zones, overlays, or districts.
1659          Section 17. Section 10-9a-305 is amended to read:
1660          10-9a-305. Other entities required to conform to municipality's land use
1661     ordinances -- Exceptions -- School districts and charter schools -- Submission of
1662     development plan and schedule.
1663          (1) (a) Each county, municipality, school district, charter school, [local] special district,
1664     special service district, and political subdivision of the state shall conform to any applicable
1665     land use ordinance of any municipality when installing, constructing, operating, or otherwise
1666     using any area, land, or building situated within that municipality.
1667          (b) In addition to any other remedies provided by law, when a municipality's land use
1668     ordinance is violated or about to be violated by another political subdivision, that municipality

1669     may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
1670     prevent, enjoin, abate, or remove the improper installation, improvement, or use.
1671          (2) (a) Except as provided in Subsection (3), a school district or charter school is
1672     subject to a municipality's land use ordinances.
1673          (b) (i) Notwithstanding Subsection (3), a municipality may:
1674          (A) subject a charter school to standards within each zone pertaining to setback, height,
1675     bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction
1676     staging; and
1677          (B) impose regulations upon the location of a project that are necessary to avoid
1678     unreasonable risks to health or safety, as provided in Subsection (3)(f).
1679          (ii) The standards to which a municipality may subject a charter school under
1680     Subsection (2)(b)(i) shall be objective standards only and may not be subjective.
1681          (iii) Except as provided in Subsection (7)(d), the only basis upon which a municipality
1682     may deny or withhold approval of a charter school's land use application is the charter school's
1683     failure to comply with a standard imposed under Subsection (2)(b)(i).
1684          (iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of an
1685     obligation to comply with a requirement of an applicable building or safety code to which it is
1686     otherwise obligated to comply.
1687          (3) A municipality may not:
1688          (a) impose requirements for landscaping, fencing, aesthetic considerations,
1689     construction methods or materials, additional building inspections, municipal building codes,
1690     building use for educational purposes, or the placement or use of temporary classroom facilities
1691     on school property;
1692          (b) except as otherwise provided in this section, require a school district or charter
1693     school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
1694     school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
1695     children and not located on or contiguous to school property, unless the roadway or sidewalk is
1696     required to connect an otherwise isolated school site to an existing roadway;
1697          (c) require a district or charter school to pay fees not authorized by this section;
1698          (d) provide for inspection of school construction or assess a fee or other charges for
1699     inspection, unless the school district or charter school is unable to provide for inspection by an

1700     inspector, other than the project architect or contractor, who is qualified under criteria
1701     established by the state superintendent;
1702          (e) require a school district or charter school to pay any impact fee for an improvement
1703     project unless the impact fee is imposed as provided in Title 11, Chapter 36a, Impact Fees Act;
1704          (f) impose regulations upon the location of an educational facility except as necessary
1705     to avoid unreasonable risks to health or safety; or
1706          (g) for a land use or a structure owned or operated by a school district or charter school
1707     that is not an educational facility but is used in support of providing instruction to pupils,
1708     impose a regulation that:
1709          (i) is not imposed on a similar land use or structure in the zone in which the land use or
1710     structure is approved; or
1711          (ii) uses the tax exempt status of the school district or charter school as criteria for
1712     prohibiting or regulating the land use or location of the structure.
1713          (4) Subject to Section 53E-3-710, a school district or charter school shall coordinate
1714     the siting of a new school with the municipality in which the school is to be located, to:
1715          (a) avoid or mitigate existing and potential traffic hazards, including consideration of
1716     the impacts between the new school and future highways; and
1717          (b) maximize school, student, and site safety.
1718          (5) Notwithstanding Subsection (3)(d), a municipality may, at its discretion:
1719          (a) provide a walk-through of school construction at no cost and at a time convenient to
1720     the district or charter school; and
1721          (b) provide recommendations based upon the walk-through.
1722          (6) (a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
1723          (i) a municipal building inspector;
1724          (ii) (A) for a school district, a school district building inspector from that school
1725     district; or
1726          (B) for a charter school, a school district building inspector from the school district in
1727     which the charter school is located; or
1728          (iii) an independent, certified building inspector who is:
1729          (A) not an employee of the contractor;
1730          (B) approved by:

1731          (I) a municipal building inspector; or
1732          (II) (Aa) for a school district, a school district building inspector from that school
1733     district; or
1734          (Bb) for a charter school, a school district building inspector from the school district in
1735     which the charter school is located; and
1736          (C) licensed to perform the inspection that the inspector is requested to perform.
1737          (b) The approval under Subsection (6)(a)(iii)(B) may not be unreasonably withheld.
1738          (c) If a school district or charter school uses a school district or independent building
1739     inspector under Subsection (6)(a)(ii) or (iii), the school district or charter school shall submit to
1740     the state superintendent of public instruction and municipal building official, on a monthly
1741     basis during construction of the school building, a copy of each inspection certificate regarding
1742     the school building.
1743          (7) (a) A charter school shall be considered a permitted use in all zoning districts
1744     within a municipality.
1745          (b) Each land use application for any approval required for a charter school, including
1746     an application for a building permit, shall be processed on a first priority basis.
1747          (c) Parking requirements for a charter school may not exceed the minimum parking
1748     requirements for schools or other institutional public uses throughout the municipality.
1749          (d) If a municipality has designated zones for a sexually oriented business, or a
1750     business which sells alcohol, a charter school may be prohibited from a location which would
1751     otherwise defeat the purpose for the zone unless the charter school provides a waiver.
1752          (e) (i) A school district or a charter school may seek a certificate authorizing permanent
1753     occupancy of a school building from:
1754          (A) the state superintendent of public instruction, as provided in Subsection
1755     53E-3-706(3), if the school district or charter school used an independent building inspector for
1756     inspection of the school building; or
1757          (B) a municipal official with authority to issue the certificate, if the school district or
1758     charter school used a municipal building inspector for inspection of the school building.
1759          (ii) A school district may issue its own certificate authorizing permanent occupancy of
1760     a school building if it used its own building inspector for inspection of the school building,
1761     subject to the notification requirement of Subsection 53E-3-706(3)(a)(ii).

1762          (iii) A charter school may seek a certificate authorizing permanent occupancy of a
1763     school building from a school district official with authority to issue the certificate, if the
1764     charter school used a school district building inspector for inspection of the school building.
1765          (iv) A certificate authorizing permanent occupancy issued by the state superintendent
1766     of public instruction under Subsection 53E-3-706(3) or a school district official with authority
1767     to issue the certificate shall be considered to satisfy any municipal requirement for an
1768     inspection or a certificate of occupancy.
1769          (8) (a) A specified public agency intending to develop its land shall submit to the land
1770     use authority a development plan and schedule:
1771          (i) as early as practicable in the development process, but no later than the
1772     commencement of construction; and
1773          (ii) with sufficient detail to enable the land use authority to assess:
1774          (A) the specified public agency's compliance with applicable land use ordinances;
1775          (B) the demand for public facilities listed in Subsections 11-36a-102(17)(a), (b), (c),
1776     (d), (e), and (g) caused by the development;
1777          (C) the amount of any applicable fee described in Section 10-9a-510;
1778          (D) any credit against an impact fee; and
1779          (E) the potential for waiving an impact fee.
1780          (b) The land use authority shall respond to a specified public agency's submission
1781     under Subsection (8)(a) with reasonable promptness in order to allow the specified public
1782     agency to consider information the municipality provides under Subsection (8)(a)(ii) in the
1783     process of preparing the budget for the development.
1784          (9) Nothing in this section may be construed to:
1785          (a) modify or supersede Section 10-9a-304; or
1786          (b) authorize a municipality to enforce an ordinance in a way, or enact an ordinance,
1787     that fails to comply with Title 57, Chapter 21, Utah Fair Housing Act, the federal Fair Housing
1788     Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with Disabilities Act of
1789     1990, 42 U.S.C. 12102, or any other provision of federal law.
1790          Section 18. Section 10-9a-529 is amended to read:
1791          10-9a-529. Specified public utility located in a municipal utility easement.
1792          A specified public utility may exercise each power of a public utility under Section

1793     54-3-27 if the specified public utility uses an easement:
1794          (1) with the consent of a municipality; and
1795          (2) that is located within a municipal utility easement described in Subsections
1796     [10-9a-103(41)(a)] 10-9a-103(40)(a) through (e).
1797          Section 19. Section 11-2-1 is amended to read:
1798          11-2-1. Local authorities may designate and acquire property for playgrounds
1799     and recreational facilities.
1800          The governing body of any city, town, school district, [local] special district, special
1801     service district, or county may designate and set apart for use as playgrounds, athletic fields,
1802     gymnasiums, public baths, swimming pools, camps, indoor recreation centers, television
1803     transmission and relay facilities, or other recreational facilities, any lands, buildings or personal
1804     property owned by such cities, towns, counties, [local] special districts, special service districts,
1805     or school districts that may be suitable for such purposes; and may, in such manner as may be
1806     authorized and provided by law for the acquisition of lands or buildings for public purposes in
1807     such cities, towns, counties, [local] special districts, special service districts, and school
1808     districts, acquire lands, buildings, and personal property therein for such use; and may equip,
1809     maintain, operate and supervise the same, employing such play leaders, recreation directors,
1810     supervisors and other employees as it may deem proper. Such acquisition of lands, buildings
1811     and personal property and the equipping, maintaining, operating and supervision of the same
1812     shall be deemed to be for public, governmental and municipal purposes.
1813          Section 20. Section 11-13-103 is amended to read:
1814          11-13-103. Definitions.
1815          As used in this chapter:
1816          (1) (a) "Additional project capacity" means electric generating capacity provided by a
1817     generating unit that first produces electricity on or after May 6, 2002, and that is constructed or
1818     installed at or adjacent to the site of a project that first produced electricity before May 6, 2002,
1819     regardless of whether:
1820          (i) the owners of the new generating unit are the same as or different from the owner of
1821     the project; and
1822          (ii) the purchasers of electricity from the new generating unit are the same as or
1823     different from the purchasers of electricity from the project.

1824          (b) "Additional project capacity" does not mean or include replacement project
1825     capacity.
1826          (2) "Board" means the Permanent Community Impact Fund Board created by Section
1827     35A-8-304, and its successors.
1828          (3) "Candidate" means one or more of:
1829          (a) the state;
1830          (b) a county, municipality, school district, [local] special district, special service
1831     district, or other political subdivision of the state; and
1832          (c) a prosecution district.
1833          (4) "Commercial project entity" means a project entity, defined in Subsection (18),
1834     that:
1835          (a) has no taxing authority; and
1836          (b) is not supported in whole or in part by and does not expend or disburse tax
1837     revenues.
1838          (5) "Direct impacts" means an increase in the need for public facilities or services that
1839     is attributable to the project or facilities providing additional project capacity, except impacts
1840     resulting from the construction or operation of a facility that is:
1841          (a) owned by an owner other than the owner of the project or of the facilities providing
1842     additional project capacity; and
1843          (b) used to furnish fuel, construction, or operation materials for use in the project.
1844          (6) "Electric interlocal entity" means an interlocal entity described in Subsection
1845     11-13-203(3).
1846          (7) "Energy services interlocal entity" means an interlocal entity that is described in
1847     Subsection 11-13-203(4).
1848          (8) (a) "Estimated electric requirements," when used with respect to a qualified energy
1849     services interlocal entity, includes any of the following that meets the requirements of
1850     Subsection (8)(b):
1851          (i) generation capacity;
1852          (ii) generation output; or
1853          (iii) an electric energy production facility.
1854          (b) An item listed in Subsection (8)(a) is included in "estimated electric requirements"

1855     if it is needed by the qualified energy services interlocal entity to perform the qualified energy
1856     services interlocal entity's contractual or legal obligations to any of its members.
1857          (9) (a) "Facilities providing replacement project capacity" means facilities that have
1858     been, are being, or are proposed to be constructed, reconstructed, converted, repowered,
1859     acquired, leased, used, or installed to provide replacement project capacity.
1860          (b) "Facilities providing replacement project capacity" includes facilities that have
1861     been, are being, or are proposed to be constructed, reconstructed, converted, repowered,
1862     acquired, leased, used, or installed:
1863          (i) to support and facilitate the construction, reconstruction, conversion, repowering,
1864     installation, financing, operation, management, or use of replacement project capacity; or
1865          (ii) for the distribution of power generated from existing capacity or replacement
1866     project capacity to facilities located on real property in which the project entity that owns the
1867     project has an ownership, leasehold, right-of-way, or permitted interest.
1868          (10) "Governing authority" means a governing board or joint administrator.
1869          (11) (a) "Governing board" means the body established in reliance on the authority
1870     provided under Subsection 11-13-206(1)(b) to govern an interlocal entity.
1871          (b) "Governing board" includes a board of directors described in an agreement, as
1872     amended, that creates a project entity.
1873          (c) "Governing board" does not include a board as defined in Subsection (2).
1874          (12) "Interlocal entity" means:
1875          (a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal
1876     entity; or
1877          (b) a separate legal or administrative entity created under Section 11-13-205.
1878          (13) "Joint administrator" means an administrator or joint board described in Section
1879     11-13-207 to administer a joint or cooperative undertaking.
1880          (14) "Joint or cooperative undertaking" means an undertaking described in Section
1881     11-13-207 that is not conducted by an interlocal entity.
1882          (15) "Member" means a public agency that, with another public agency, creates an
1883     interlocal entity under Section 11-13-203.
1884          (16) "Out-of-state public agency" means a public agency as defined in Subsection
1885     (19)(c), (d), or (e).

1886          (17) (a) "Project":
1887          (i) means an electric generation and transmission facility owned by a Utah interlocal
1888     entity or an electric interlocal entity; and
1889          (ii) includes fuel facilities, fuel production facilities, fuel transportation facilities,
1890     energy storage facilities, or water facilities that are:
1891          (A) owned by that Utah interlocal entity or electric interlocal entity; and
1892          (B) required for the generation and transmission facility.
1893          (b) "Project" includes a project entity's ownership interest in:
1894          (i) facilities that provide additional project capacity;
1895          (ii) facilities providing replacement project capacity;
1896          (iii) additional generating, transmission, fuel, fuel transportation, water, or other
1897     facilities added to a project; and
1898          (iv) a Utah interlocal energy hub, as defined in Section 11-13-602.
1899          (18) "Project entity" means a Utah interlocal entity or an electric interlocal entity that
1900     owns a project as defined in this section.
1901          (19) "Public agency" means:
1902          (a) a city, town, county, school district, [local] special district, special service district,
1903     an interlocal entity, or other political subdivision of the state;
1904          (b) the state or any department, division, or agency of the state;
1905          (c) any agency of the United States;
1906          (d) any political subdivision or agency of another state or the District of Columbia
1907     including any interlocal cooperation or joint powers agency formed under the authority of the
1908     law of the other state or the District of Columbia; or
1909          (e) any Indian tribe, band, nation, or other organized group or community which is
1910     recognized as eligible for the special programs and services provided by the United States to
1911     Indians because of their status as Indians.
1912          (20) "Qualified energy services interlocal entity" means an energy services interlocal
1913     entity that at the time that the energy services interlocal entity acquires its interest in facilities
1914     providing additional project capacity has at least five members that are Utah public agencies.
1915          (21) "Replacement project capacity" means electric generating capacity or transmission
1916     capacity that:

1917          (a) replaces all or a portion of the existing electric generating or transmission capacity
1918     of a project; and
1919          (b) is provided by a facility that is on, adjacent to, in proximity to, or interconnected
1920     with the site of a project, regardless of whether:
1921          (i) the capacity replacing existing capacity is less than or exceeds the generating or
1922     transmission capacity of the project existing before installation of the capacity replacing
1923     existing capacity;
1924          (ii) the capacity replacing existing capacity is owned by the project entity that is the
1925     owner of the project, a segment established by the project entity, or a person with whom the
1926     project entity or a segment established by the project entity has contracted; or
1927          (iii) the facility that provides the capacity replacing existing capacity is constructed,
1928     reconstructed, converted, repowered, acquired, leased, used, or installed before or after any
1929     actual or anticipated reduction or modification to existing capacity of the project.
1930          (22) "Transportation reinvestment zone" means an area created by two or more public
1931     agencies by interlocal agreement to capture increased property or sales tax revenue generated
1932     by a transportation infrastructure project as described in Section 11-13-227.
1933          (23) "Utah interlocal entity":
1934          (a) means an interlocal entity described in Subsection 11-13-203(2); and
1935          (b) includes a separate legal or administrative entity created under Laws of Utah 1977,
1936     Chapter 47, Section 3, as amended.
1937          (24) "Utah public agency" means a public agency under Subsection (19)(a) or (b).
1938          Section 21. Section 11-13a-102 is amended to read:
1939          11-13a-102. Definitions.
1940          As used in this chapter:
1941          (1) "Controlling interest" means that one or more governmental entities collectively
1942     represent a majority of the board's voting power as outlined in the nonprofit corporation's
1943     governing documents.
1944          (2) (a) "Governing board" means the body that governs a governmental nonprofit
1945     corporation.
1946          (b) "Governing board" includes a board of directors.
1947          (3) "Governmental entity" means the state, a county, a municipality, a [local] special

1948     district, a special service district, a school district, a state institution of higher education, or any
1949     other political subdivision or administrative unit of the state.
1950          (4) (a) "Governmental nonprofit corporation" means:
1951          (i) a nonprofit corporation that is wholly owned or wholly controlled by one or more
1952     governmental entities, unless the nonprofit corporation receives no operating funding or other
1953     financial support from any governmental entity; or
1954          (ii) a nonprofit corporation in which one or more governmental entities exercise a
1955     controlling interest and:
1956          (A) that exercises taxing authority;
1957          (B) that imposes a mandatory fee for association or participation with the nonprofit
1958     corporation where that association or participation is mandated by law; or
1959          (C) that receives a majority of the nonprofit corporation's operating funding from one
1960     or more governmental entities under the nonprofit corporation's governing documents, except
1961     where voluntary membership fees, dues, or assessments compose the operating funding.
1962          (b) "Governmental nonprofit corporation" does not include a water company, as that
1963     term is defined in Section 16-4-102, unless the water company is wholly owned by one or more
1964     governmental entities.
1965          (5) "Municipality" means a city, town, or metro township.
1966          Section 22. Section 11-14-102 is amended to read:
1967          11-14-102. Definitions.
1968          For the purpose of this chapter:
1969          (1) "Bond" means any bond authorized to be issued under this chapter, including
1970     municipal bonds.
1971          (2) "Election results" has the same meaning as defined in Section 20A-1-102.
1972          (3) "Governing body" means:
1973          (a) for a county, city, town, or metro township, the legislative body of the county, city,
1974     or town;
1975          (b) for a [local] special district, the board of trustees of the [local] special district;
1976          (c) for a school district, the local board of education; or
1977          (d) for a special service district under Title 17D, Chapter 1, Special Service District
1978     Act:

1979          (i) the governing body of the county or municipality that created the special service
1980     district, if no administrative control board has been established under Section 17D-1-301; or
1981          (ii) the administrative control board, if one has been established under Section
1982     17D-1-301 and the power to issue bonds not payable from taxes has been delegated to the
1983     administrative control board.
1984          [(4) "Local district" means a district operating under Title 17B, Limited Purpose Local
1985     Government Entities - Local Districts.]
1986          [(5)] (4) (a) "Local political subdivision" means a county, city, town, metro township,
1987     school district, [local] special district, or special service district.
1988          (b) "Local political subdivision" does not include the state and its institutions.
1989          (5) "Special district" means a district operating under Title 17B, Limited Purpose Local
1990     Government Entities - Special Districts.
1991          Section 23. Section 11-14a-1 is amended to read:
1992          11-14a-1. Notice of debt issuance.
1993          (1) For purposes of this chapter:
1994          (a) (i) "Debt" includes bonds, lease purchase agreements, certificates of participation,
1995     and contracts with municipal building authorities.
1996          (ii) "Debt" does not include tax and revenue anticipation notes or refunding bonds.
1997          (b) (i) "Local government entity" means a county, city, town, school district, [local]
1998     special district, or special service district.
1999          (ii) "Local government entity" does not mean an entity created by an interlocal
2000     agreement under Title 11, Chapter 13, Interlocal Cooperation Act that has assets over
2001     $10,000,000.
2002          (c) "New debt resolution" means a resolution authorizing the issuance of debt wholly
2003     or partially to fund a rejected project.
2004          (d) "Rejected Project" means a project for which a local government entity sought
2005     voter approval for general obligation bond financing and failed to receive that approval.
2006          (2) Unless a local government entity complies with the requirements of this section, it
2007     may not adopt a new debt resolution.
2008          (3) (a) Before adopting a new debt resolution, a local government entity shall:
2009          (i) advertise the local government entity's intent to issue debt by posting a notice of that

2010     intent on the Utah Public Notice Website created in Section 63A-16-601, for the two weeks
2011     before the meeting at which the resolution will be considered; or
2012          (ii) include notice of its intent to issue debt in a bill or other mailing sent to at least
2013     95% of the residents of the local government entity.
2014          (b) The local government entity shall ensure that the notice:
2015          (i) except for website publication, is at least as large as the bill or other mailing that it
2016     accompanies;
2017          (ii) is entitled, in type size no smaller than 24 point, "Intent to Issue Debt"; and
2018          (iii) contains the information required by Subsection (3)(c).
2019          (c) The local government entity shall ensure that the advertisement or notice described
2020     in Subsection (3)(a):
2021          (i) identifies the local government entity;
2022          (ii) states that the entity will meet on a day, time, and place identified in the
2023     advertisement or notice to hear public comments regarding a resolution authorizing the
2024     issuance of debt by the entity and to explain to the public the reasons for the issuance of debt;
2025          (iii) contains:
2026          (A) the name of the entity that will issue the debt;
2027          (B) the purpose of the debt; and
2028          (C) that type of debt and the maximum principal amount that may be issued;
2029          (iv) invites all concerned citizens to attend the public hearing; and
2030          (v) states that some or all of the proposed debt would fund a project whose general
2031     obligation bond financing was rejected by the voters.
2032          (4) (a) The resolution considered at the hearing shall identify:
2033          (i) the type of debt proposed to be issued;
2034          (ii) the maximum principal amount that might be issued;
2035          (iii) the interest rate;
2036          (iv) the term of the debt; and
2037          (v) how the debt will be repaid.
2038          (b) (i) Except as provided in Subsection (4)(b)(ii), the resolution considered at the
2039     hearing need not be in final form and need not be adopted or rejected at the meeting at which
2040     the public hearing is held.

2041          (ii) The local government entity may not, in the final resolution, increase the maximum
2042     principal amount of debt contained in the notice and discussed at the hearing.
2043          (c) The local government entity may adopt, amend and adopt, or reject the resolution at
2044     a later meeting without recomplying with the published notice requirements of this section.
2045          Section 24. Section 11-27-2 is amended to read:
2046          11-27-2. Definitions.
2047          As used in this chapter:
2048          (1) "Advance refunding bonds" means refunding bonds issued for the purpose of
2049     refunding outstanding bonds in advance of their maturity.
2050          (2) "Assessments" means a special tax levied against property within a special
2051     improvement district to pay all or a portion of the costs of making improvements in the district.
2052          (3) "Bond" means any revenue bond, general obligation bond, tax increment bond,
2053     special improvement bond, local building authority bond, or refunding bond.
2054          (4) "General obligation bond" means any bond, note, warrant, certificate of
2055     indebtedness, or other obligation of a public body payable in whole or in part from revenues
2056     derived from ad valorem taxes and that constitutes an indebtedness within the meaning of any
2057     applicable constitutional or statutory debt limitation.
2058          (5) "Governing body" means the council, commission, county legislative body, board
2059     of directors, board of trustees, board of education, board of higher education, or other
2060     legislative body of a public body designated in this chapter that is vested with the legislative
2061     powers of the public body, and, with respect to the state, the State Bonding Commission
2062     created by Section 63B-1-201.
2063          (6) "Government obligations" means:
2064          (a) direct obligations of the United States of America, or other securities, the principal
2065     of and interest on which are unconditionally guaranteed by the United States of America; or
2066          (b) obligations of any state, territory, or possession of the United States, or of any of
2067     the political subdivisions of any state, territory, or possession of the United States, or of the
2068     District of Columbia described in Section 103(a), Internal Revenue Code of 1986.
2069          (7) "Issuer" means the public body issuing any bond or bonds.
2070          (8) "Public body" means the state or any agency, authority, instrumentality, or
2071     institution of the state, or any municipal or quasi-municipal corporation, political subdivision,

2072     agency, school district, [local] special district, special service district, or other governmental
2073     entity now or hereafter existing under the laws of the state.
2074          (9) "Refunding bonds" means bonds issued under the authority of this chapter for the
2075     purpose of refunding outstanding bonds.
2076          (10) "Resolution" means a resolution of the governing body of a public body taking
2077     formal action under this chapter.
2078          (11) "Revenue bond" means any bond, note, warrant, certificate of indebtedness, or
2079     other obligation for the payment of money issued by a public body or any predecessor of any
2080     public body and that is payable from designated revenues not derived from ad valorem taxes or
2081     from a special fund composed of revenues not derived from ad valorem taxes, but excluding all
2082     of the following:
2083          (a) any obligation constituting an indebtedness within the meaning of any applicable
2084     constitutional or statutory debt limitation;
2085          (b) any obligation issued in anticipation of the collection of taxes, where the entire
2086     issue matures not later than one year from the date of the issue; and
2087          (c) any special improvement bond.
2088          (12) "Special improvement bond" means any bond, note, warrant, certificate of
2089     indebtedness, or other obligation of a public body or any predecessor of any public body that is
2090     payable from assessments levied on benefitted property and from any special improvement
2091     guaranty fund.
2092          (13) "Special improvement guaranty fund" means any special improvement guaranty
2093     fund established under Title 10, Chapter 6, Uniform Fiscal Procedures Act for Utah Cities;
2094     Title 11, Chapter 42, Assessment Area Act; or any predecessor or similar statute.
2095          (14) "Tax increment bond" means any bond, note, warrant, certificate of indebtedness,
2096     or other obligation of a public body issued under authority of Title 17C, Limited Purpose Local
2097     Government Entities - Community Reinvestment Agency Act.
2098          Section 25. Section 11-30-2 is amended to read:
2099          11-30-2. Definitions.
2100          As used in this chapter:
2101          (1) "Attorney general" means the attorney general of the state or one of his assistants.
2102          (2) "Bonds" means any evidence or contract of indebtedness that is issued or

2103     authorized by a public body, including, without limitation, bonds, refunding bonds, advance
2104     refunding bonds, bond anticipation notes, tax anticipation notes, notes, certificates of
2105     indebtedness, warrants, commercial paper, contracts, and leases, whether they are general
2106     obligations of the issuing public body or are payable solely from a specified source, including
2107     annual appropriations by the public body.
2108          (3) "County attorney" means the county attorney of a county or one of his assistants.
2109          (4) "Lease" means any lease agreement, lease purchase agreement, and installment
2110     purchase agreement, and any certificate of interest or participation in any of the foregoing.
2111     Reference in this chapter to issuance of bonds includes execution and delivery of leases.
2112          (5) "Person" means any person, association, corporation, or other entity.
2113          (6) "Public body" means the state or any agency, authority, instrumentality, or
2114     institution of the state, or any county, municipality, quasi-municipal corporation, school
2115     district, [local] special district, special service district, political subdivision, or other
2116     governmental entity existing under the laws of the state, whether or not possessed of any taxing
2117     power. With respect to leases, public body, as used in this chapter, refers to the public body
2118     which is the lessee, or is otherwise the obligor with respect to payment under any such leases.
2119          (7) "Refunding bonds" means any bonds that are issued to refund outstanding bonds,
2120     including both refunding bonds and advance refunding bonds.
2121          (8) "State" means the state of Utah.
2122          (9) "Validity" means any matter relating to the legality and validity of the bonds and
2123     the security therefor, including, without limitation, the legality and validity of:
2124          (a) a public body's authority to issue and deliver the bonds;
2125          (b) any ordinance, resolution, or statute granting the public body authority to issue and
2126     deliver the bonds;
2127          (c) all proceedings, elections, if any, and any other actions taken or to be taken in
2128     connection with the issuance, sale, or delivery of the bonds;
2129          (d) the purpose, location, or manner of the expenditure of funds;
2130          (e) the organization or boundaries of the public body;
2131          (f) any assessments, taxes, rates, rentals, fees, charges, or tolls levied or that may be
2132     levied in connection with the bonds;
2133          (g) any lien, proceeding, or other remedy for the collection of those assessments, taxes,

2134     rates, rentals, fees, charges, or tolls;
2135          (h) any contract or lease executed or to be executed in connection with the bonds;
2136          (i) the pledge of any taxes, revenues, receipts, rentals, or property, or encumbrance
2137     thereon or security interest therein to secure the bonds; and
2138          (j) any covenants or provisions contained in or to be contained in the bonds. If any
2139     deed, will, statute, resolution, ordinance, lease, indenture, contract, franchise, or other
2140     instrument may have an effect on any of the aforementioned, validity also means a declaration
2141     of the validity and legality thereof and of rights, status, or other legal relations arising
2142     therefrom.
2143          Section 26. Section 11-31-2 is amended to read:
2144          11-31-2. Definitions.
2145          As used in this chapter:
2146          (1) "Bonds" means any evidence or contract of indebtedness that is issued or
2147     authorized by a public body, including, without limitation, bonds, refunding bonds, advance
2148     refunding bonds, bond anticipation notes, tax anticipation notes, notes, certificates of
2149     indebtedness, warrants, commercial paper, contracts, and leases, whether they are general
2150     obligations of the issuing public body or are payable solely from a specified source, including
2151     annual appropriations by the public body.
2152          (2) "Legislative body" means, with respect to any action to be taken by a public body
2153     with respect to bonds, the board, commission, council, agency, or other similar body authorized
2154     by law to take legislative action on behalf of the public body, and in the case of the state, the
2155     Legislature, the state treasurer, the commission created under Section 63B-1-201, and any other
2156     entities the Legislature designates.
2157          (3) "Public body" means the state and any public department, public agency, or other
2158     public entity existing under the laws of the state, including, without limitation, any agency,
2159     authority, instrumentality, or institution of the state, and any county, city, town, municipal
2160     corporation, quasi-municipal corporation, state university or college, school district, special
2161     service district, [local] special district, separate legal or administrative entity created under the
2162     Interlocal Cooperation Act or other joint agreement entity, community reinvestment agency,
2163     and any other political subdivision, public authority, public agency, or public trust existing
2164     under the laws of the state.

2165          Section 27. Section 11-32-2 is amended to read:
2166          11-32-2. Definitions.
2167          As used in this chapter:
2168          (1) "Assignment agreement" means the agreement, security agreement, indenture, or
2169     other documentation by which the county transfers the delinquent tax receivables to the
2170     authority in consideration of the amounts paid by the authority under the assignment
2171     agreement, as provided in this chapter.
2172          (2) "Bonds" means any bonds, notes, or other evidence of indebtedness of the financing
2173     authority issued under this chapter.
2174          (3) "Delinquent tax receivables" means those ad valorem tangible property taxes levied
2175     within any county, for any year, which remain unpaid and owing the participant members
2176     within the county, as of January 15 of the following year, plus any interest and penalties
2177     accruing or assessed to them.
2178          (4) "Financing authority" or "authority" means a nonprofit corporation organized under
2179     this chapter by a county on behalf of the participant members within the county as the
2180     financing authority for the participant members solely for the purpose of financing the
2181     assignment of the delinquent tax receivables of the participant members for which it was
2182     created.
2183          (5) "Governing body" means the council, commission, county legislative body, board
2184     of education, board of trustees, or any other governing entity of a public body in which the
2185     legislative powers of the public body are vested.
2186          (6) "Participant members" means those public bodies, including the county, the
2187     governing bodies of which approve the creation of an authority as provided in Section 11-32-3
2188     and on whose behalf the authority acts.
2189          (7) "Public body" means any city, town, county, school district, special service district,
2190     [local] special district, community reinvestment agency, or any other entity entitled to receive
2191     ad valorem property taxes, existing under the laws of the state.
2192          Section 28. Section 11-34-1 is amended to read:
2193          11-34-1. Definitions.
2194          As used in this chapter:
2195          (1) "Bonds" means any evidence or contract of indebtedness that is issued or

2196     authorized by a public body, including, without limitation, bonds, refunding bonds, advance
2197     refunding bonds, bond anticipation notes, tax anticipation notes, notes, certificates of
2198     indebtedness, warrants, commercial paper, contracts, and leases, whether they are general
2199     obligations of the issuing public body or are payable solely from a specified source, including
2200     annual appropriations by the public body.
2201          (2) "Public body" means the state and any public department, public agency, or other
2202     public entity existing under the laws of the state, including, without limitation, any agency,
2203     authority, instrumentality, or institution of the state, and any county, city, town, municipal
2204     corporation, quasi-municipal corporation, state university or college, school district, special
2205     service district, [local] special district, separate legal or administrative entity created under the
2206     Interlocal Cooperation Act or other joint agreement entity, community reinvestment agency,
2207     and any other political subdivision, public authority, public agency, or public trust existing
2208     under the laws of this state.
2209          Section 29. Section 11-36a-102 is amended to read:
2210          11-36a-102. Definitions.
2211          As used in this chapter:
2212          (1) (a) "Affected entity" means each county, municipality, [local] special district under
2213     [Title 17B, Limited Purpose Local Government Entities - Local Districts] Title 17B, Limited
2214     Purpose Local Government Entities - Special Districts, special service district under Title 17D,
2215     Chapter 1, Special Service District Act, school district, interlocal cooperation entity established
2216     under Chapter 13, Interlocal Cooperation Act, and specified public utility:
2217          (i) whose services or facilities are likely to require expansion or significant
2218     modification because of the facilities proposed in the proposed impact fee facilities plan; or
2219          (ii) that has filed with the local political subdivision or private entity a copy of the
2220     general or long-range plan of the county, municipality, [local] special district, special service
2221     district, school district, interlocal cooperation entity, or specified public utility.
2222          (b) "Affected entity" does not include the local political subdivision or private entity
2223     that is required under Section 11-36a-501 to provide notice.
2224          (2) "Charter school" includes:
2225          (a) an operating charter school;
2226          (b) an applicant for a charter school whose application has been approved by a charter

2227     school authorizer as provided in Title 53G, Chapter 5, Part 6, Charter School Credit
2228     Enhancement Program; and
2229          (c) an entity that is working on behalf of a charter school or approved charter applicant
2230     to develop or construct a charter school building.
2231          (3) "Development activity" means any construction or expansion of a building,
2232     structure, or use, any change in use of a building or structure, or any changes in the use of land
2233     that creates additional demand and need for public facilities.
2234          (4) "Development approval" means:
2235          (a) except as provided in Subsection (4)(b), any written authorization from a local
2236     political subdivision that authorizes the commencement of development activity;
2237          (b) development activity, for a public entity that may develop without written
2238     authorization from a local political subdivision;
2239          (c) a written authorization from a public water supplier, as defined in Section 73-1-4,
2240     or a private water company:
2241          (i) to reserve or provide:
2242          (A) a water right;
2243          (B) a system capacity; or
2244          (C) a distribution facility; or
2245          (ii) to deliver for a development activity:
2246          (A) culinary water; or
2247          (B) irrigation water; or
2248          (d) a written authorization from a sanitary sewer authority, as defined in Section
2249     10-9a-103:
2250          (i) to reserve or provide:
2251          (A) sewer collection capacity; or
2252          (B) treatment capacity; or
2253          (ii) to provide sewer service for a development activity.
2254          (5) "Enactment" means:
2255          (a) a municipal ordinance, for a municipality;
2256          (b) a county ordinance, for a county; and
2257          (c) a governing board resolution, for a [local] special district, special service district, or

2258     private entity.
2259          (6) "Encumber" means:
2260          (a) a pledge to retire a debt; or
2261          (b) an allocation to a current purchase order or contract.
2262          (7) "Expense for overhead" means a cost that a local political subdivision or private
2263     entity:
2264          (a) incurs in connection with:
2265          (i) developing an impact fee facilities plan;
2266          (ii) developing an impact fee analysis; or
2267          (iii) imposing an impact fee, including any related overhead expenses; and
2268          (b) calculates in accordance with a methodology that is consistent with generally
2269     accepted cost accounting practices.
2270          (8) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
2271     meter, or appurtenance to connect to a gas, water, sewer, storm water, power, or other utility
2272     system of a municipality, county, [local] special district, special service district, or private
2273     entity.
2274          (9) (a) "Impact fee" means a payment of money imposed upon new development
2275     activity as a condition of development approval to mitigate the impact of the new development
2276     on public infrastructure.
2277          (b) "Impact fee" does not mean a tax, a special assessment, a building permit fee, a
2278     hookup fee, a fee for project improvements, or other reasonable permit or application fee.
2279          (10) "Impact fee analysis" means the written analysis of each impact fee required by
2280     Section 11-36a-303.
2281          (11) "Impact fee facilities plan" means the plan required by Section 11-36a-301.
2282          (12) "Level of service" means the defined performance standard or unit of demand for
2283     each capital component of a public facility within a service area.
2284          (13) (a) "Local political subdivision" means a county, a municipality, a [local] special
2285     district under [Title 17B, Limited Purpose Local Government Entities - Local Districts] Title
2286     17B, Limited Purpose Local Government Entities - Special Districts, a special service district
2287     under Title 17D, Chapter 1, Special Service District Act, or the Point of the Mountain State
2288     Land Authority, created in Section 11-59-201.

2289          (b) "Local political subdivision" does not mean a school district, whose impact fee
2290     activity is governed by Section 11-36a-206.
2291          (14) "Private entity" means an entity in private ownership with at least 100 individual
2292     shareholders, customers, or connections, that is located in a first, second, third, or fourth class
2293     county and provides water to an applicant for development approval who is required to obtain
2294     water from the private entity either as a:
2295          (a) specific condition of development approval by a local political subdivision acting
2296     pursuant to a prior agreement, whether written or unwritten, with the private entity; or
2297          (b) functional condition of development approval because the private entity:
2298          (i) has no reasonably equivalent competition in the immediate market; and
2299          (ii) is the only realistic source of water for the applicant's development.
2300          (15) (a) "Project improvements" means site improvements and facilities that are:
2301          (i) planned and designed to provide service for development resulting from a
2302     development activity;
2303          (ii) necessary for the use and convenience of the occupants or users of development
2304     resulting from a development activity; and
2305          (iii) not identified or reimbursed as a system improvement.
2306          (b) "Project improvements" does not mean system improvements.
2307          (16) "Proportionate share" means the cost of public facility improvements that are
2308     roughly proportionate and reasonably related to the service demands and needs of any
2309     development activity.
2310          (17) "Public facilities" means only the following impact fee facilities that have a life
2311     expectancy of 10 or more years and are owned or operated by or on behalf of a local political
2312     subdivision or private entity:
2313          (a) water rights and water supply, treatment, storage, and distribution facilities;
2314          (b) wastewater collection and treatment facilities;
2315          (c) storm water, drainage, and flood control facilities;
2316          (d) municipal power facilities;
2317          (e) roadway facilities;
2318          (f) parks, recreation facilities, open space, and trails;
2319          (g) public safety facilities;

2320          (h) environmental mitigation as provided in Section 11-36a-205; or
2321          (i) municipal natural gas facilities.
2322          (18) (a) "Public safety facility" means:
2323          (i) a building constructed or leased to house police, fire, or other public safety entities;
2324     or
2325          (ii) a fire suppression vehicle costing in excess of $500,000.
2326          (b) "Public safety facility" does not mean a jail, prison, or other place of involuntary
2327     incarceration.
2328          (19) (a) "Roadway facilities" means a street or road that has been designated on an
2329     officially adopted subdivision plat, roadway plan, or general plan of a political subdivision,
2330     together with all necessary appurtenances.
2331          (b) "Roadway facilities" includes associated improvements to a federal or state
2332     roadway only when the associated improvements:
2333          (i) are necessitated by the new development; and
2334          (ii) are not funded by the state or federal government.
2335          (c) "Roadway facilities" does not mean federal or state roadways.
2336          (20) (a) "Service area" means a geographic area designated by an entity that imposes an
2337     impact fee on the basis of sound planning or engineering principles in which a public facility,
2338     or a defined set of public facilities, provides service within the area.
2339          (b) "Service area" may include the entire local political subdivision or an entire area
2340     served by a private entity.
2341          (21) "Specified public agency" means:
2342          (a) the state;
2343          (b) a school district; or
2344          (c) a charter school.
2345          (22) (a) "System improvements" means:
2346          (i) existing public facilities that are:
2347          (A) identified in the impact fee analysis under Section 11-36a-304; and
2348          (B) designed to provide services to service areas within the community at large; and
2349          (ii) future public facilities identified in the impact fee analysis under Section
2350     11-36a-304 that are intended to provide services to service areas within the community at large.

2351          (b) "System improvements" does not mean project improvements.
2352          Section 30. Section 11-36a-203 is amended to read:
2353          11-36a-203. Private entity assessment of impact fees -- Charges for water rights,
2354     physical infrastructure -- Notice -- Audit.
2355          (1) A private entity:
2356          (a) shall comply with the requirements of this chapter before imposing an impact fee;
2357     and
2358          (b) except as otherwise specified in this chapter, is subject to the same requirements of
2359     this chapter as a local political subdivision.
2360          (2) A private entity may only impose a charge for water rights or physical infrastructure
2361     necessary to provide water or sewer facilities by imposing an impact fee.
2362          (3) Where notice and hearing requirements are specified, a private entity shall comply
2363     with the notice and hearing requirements for [local] special districts.
2364          (4) A private entity that assesses an impact fee under this chapter is subject to the audit
2365     requirements of Title 51, Chapter 2a, Accounting Reports from Political Subdivisions,
2366     Interlocal Organizations, and Other Local Entities Act.
2367          Section 31. Section 11-36a-502 is amended to read:
2368          11-36a-502. Notice to adopt or amend an impact fee facilities plan.
2369          (1) If a local political subdivision chooses to prepare an independent impact fee
2370     facilities plan rather than include an impact fee facilities element in the general plan in
2371     accordance with Section 11-36a-301, the local political subdivision shall, before adopting or
2372     amending the impact fee facilities plan:
2373          (a) give public notice, in accordance with Subsection (2), of the plan or amendment at
2374     least 10 days before the day on which the public hearing described in Subsection (1)(d) is
2375     scheduled;
2376          (b) make a copy of the plan or amendment, together with a summary designed to be
2377     understood by a lay person, available to the public;
2378          (c) place a copy of the plan or amendment and summary in each public library within
2379     the local political subdivision; and
2380          (d) hold a public hearing to hear public comment on the plan or amendment.
2381          (2) With respect to the public notice required under Subsection (1)(a):

2382          (a) each municipality shall comply with the notice and hearing requirements of, and,
2383     except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of Sections
2384     10-9a-205 and 10-9a-801 and Subsection 10-9a-502(2);
2385          (b) each county shall comply with the notice and hearing requirements of, and, except
2386     as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of Sections 17-27a-205
2387     and 17-27a-801 and Subsection 17-27a-502(2); and
2388          (c) each [local] special district, special service district, and private entity shall comply
2389     with the notice and hearing requirements of, and receive the protections of, Section 17B-1-111.
2390          (3) Nothing contained in this section or Section 11-36a-503 may be construed to
2391     require involvement by a planning commission in the impact fee facilities planning process.
2392          Section 32. Section 11-36a-504 is amended to read:
2393          11-36a-504. Notice of intent to adopt impact fee enactment -- Hearing --
2394     Protections.
2395          (1) Before adopting an impact fee enactment:
2396          (a) a municipality legislative body shall:
2397          (i) comply with the notice requirements of Section 10-9a-205 as if the impact fee
2398     enactment were a land use regulation;
2399          (ii) hold a hearing in accordance with Section 10-9a-502 as if the impact fee enactment
2400     were a land use regulation; and
2401          (iii) except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of
2402     Section 10-9a-801 as if the impact fee were a land use regulation;
2403          (b) a county legislative body shall:
2404          (i) comply with the notice requirements of Section 17-27a-205 as if the impact fee
2405     enactment were a land use regulation;
2406          (ii) hold a hearing in accordance with Section 17-27a-502 as if the impact fee
2407     enactment were a land use regulation; and
2408          (iii) except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of
2409     Section 17-27a-801 as if the impact fee were a land use regulation;
2410          (c) a [local] special district or special service district shall:
2411          (i) comply with the notice and hearing requirements of Section 17B-1-111; and
2412          (ii) receive the protections of Section 17B-1-111;

2413          (d) a local political subdivision shall at least 10 days before the day on which a public
2414     hearing is scheduled in accordance with this section:
2415          (i) make a copy of the impact fee enactment available to the public; and
2416          (ii) post notice of the local political subdivision's intent to enact or modify the impact
2417     fee, specifying the type of impact fee being enacted or modified, on the Utah Public Notice
2418     Website created under Section 63A-16-601; and
2419          (e) a local political subdivision shall submit a copy of the impact fee analysis and a
2420     copy of the summary of the impact fee analysis prepared in accordance with Section
2421     11-36a-303 on its website or to each public library within the local political subdivision.
2422          (2) Subsection (1)(a) or (b) may not be construed to require involvement by a planning
2423     commission in the impact fee enactment process.
2424          Section 33. Section 11-39-101 is amended to read:
2425          11-39-101. Definitions.
2426          As used in this chapter:
2427          (1) "Bid limit" means:
2428          (a) for a building improvement:
2429          (i) for the year 2003, $40,000; and
2430          (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
2431     amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
2432     of 3% or the actual percent change in the Consumer Price Index during the previous calendar
2433     year; and
2434          (b) for a public works project:
2435          (i) for the year 2003, $125,000; and
2436          (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
2437     amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
2438     of 3% or the actual percent change in the Consumer Price Index during the previous calendar
2439     year.
2440          (2) "Building improvement":
2441          (a) means the construction or repair of a public building or structure; and
2442          (b) does not include construction or repair at an international airport.
2443          (3) "Consumer Price Index" means the Consumer Price Index for All Urban

2444     Consumers as published by the Bureau of Labor Statistics of the United States Department of
2445     Labor.
2446          (4) (a) "Design-build project" means a building improvement or public works project
2447     for which both the design and construction are provided for in a single contract with a
2448     contractor or combination of contractors capable of providing design-build services.
2449          (b) "Design-build project" does not include a building improvement or public works
2450     project:
2451          (i) that a local entity undertakes under contract with a construction manager that
2452     guarantees the contract price and is at risk for any amount over the contract price; and
2453          (ii) each component of which is competitively bid.
2454          (5) "Design-build services" means the engineering, architectural, and other services
2455     necessary to formulate and implement a design-build project, including the actual construction
2456     of the project.
2457          (6) "Emergency repairs" means a building improvement or public works project
2458     undertaken on an expedited basis to:
2459          (a) eliminate an imminent risk of damage to or loss of public or private property;
2460          (b) remedy a condition that poses an immediate physical danger; or
2461          (c) reduce a substantial, imminent risk of interruption of an essential public service.
2462          (7) "Governing body" means:
2463          (a) for a county, city, town, or metro township, the legislative body of the county, city,
2464     town, or metro township;
2465          (b) for a [local] special district, the board of trustees of the [local] special district; and
2466          (c) for a special service district:
2467          (i) the legislative body of the county, city, or town that established the special service
2468     district, if no administrative control board has been appointed under Section 17D-1-301; or
2469          (ii) the administrative control board of the special service district, if an administrative
2470     control board has been appointed under Section 17D-1-301.
2471          [(8) "Local district" has the same meaning as defined in Section 17B-1-102.]
2472          [(9)] (8) "Local entity" means a county, city, town, metro township, [local] special
2473     district, or special service district.
2474          [(10)] (9) "Lowest responsive responsible bidder" means a prime contractor who:

2475          (a) has submitted a bid in compliance with the invitation to bid and within the
2476     requirements of the plans and specifications for the building improvement or public works
2477     project;
2478          (b) is the lowest bidder that satisfies the local entity's criteria relating to financial
2479     strength, past performance, integrity, reliability, and other factors that the local entity uses to
2480     assess the ability of a bidder to perform fully and in good faith the contract requirements;
2481          (c) has furnished a bid bond or equivalent in money as a condition to the award of a
2482     prime contract; and
2483          (d) furnishes a payment and performance bond as required by law.
2484          [(11)] (10) "Procurement code" means the provisions of Title 63G, Chapter 6a, Utah
2485     Procurement Code.
2486          [(12)] (11) "Public works project":
2487          (a) means the construction of:
2488          (i) a park or recreational facility; or
2489          (ii) a pipeline, culvert, dam, canal, or other system for water, sewage, storm water, or
2490     flood control; and
2491          (b) does not include:
2492          (i) the replacement or repair of existing infrastructure on private property;
2493          (ii) construction commenced before June 1, 2003; and
2494          (iii) construction or repair at an international airport.
2495          (12) "Special district" means the same as that term is defined in Section 17B-1-102.
2496          (13) "Special service district" has the same meaning as defined in Section 17D-1-102.
2497          Section 34. Section 11-39-107 is amended to read:
2498          11-39-107. Procurement code.
2499          (1) This chapter may not be construed to:
2500          (a) prohibit a county or municipal legislative body from adopting the procedures of the
2501     procurement code; or
2502          (b) limit the application of the procurement code to a [local] special district or special
2503     service district.
2504          (2) A local entity may adopt procedures for the following construction contracting
2505     methods:

2506          (a) construction manager/general contractor, as defined in Section 63G-6a-103;
2507          (b) a method that requires that the local entity draft a plan, specifications, and an
2508     estimate for the building improvement or public works project; or
2509          (c) design-build, as defined in Section 63G-6a-103, if the local entity consults with a
2510     professional engineer licensed under Title 58, Chapter 22, Professional Engineers and
2511     Professional Land Surveyors Licensing Act, or an architect licensed under Title 58, Chapter 3a,
2512     Architects Licensing Act, who has design-build experience and is employed by or under
2513     contract with the local entity.
2514          (3) (a) In seeking bids and awarding a contract for a building improvement or public
2515     works project, a county or a municipal legislative body may elect to follow the provisions of
2516     the procurement code, as the county or municipal legislative body considers appropriate under
2517     the circumstances, for specification preparation, source selection, or contract formation.
2518          (b) A county or municipal legislative body's election to adopt the procedures of the
2519     procurement code may not excuse the county or municipality, respectively, from complying
2520     with the requirements to award a contract for work in excess of the bid limit and to publish
2521     notice of the intent to award.
2522          (c) An election under Subsection (3)(a) may be made on a case-by-case basis, unless
2523     the county or municipality has previously adopted the procurement code.
2524          (d) The county or municipal legislative body shall:
2525          (i) make each election under Subsection (3)(a) in an open meeting; and
2526          (ii) specify in its action the portions of the procurement code to be followed.
2527          (4) If the estimated cost of the building improvement or public works project proposed
2528     by a [local] special district or special service district exceeds the bid limit, the governing body
2529     of the [local] special district or special service district may, if it determines to proceed with the
2530     building improvement or public works project, use the competitive procurement procedures of
2531     the procurement code in place of the comparable provisions of this chapter.
2532          Section 35. Section 11-40-101 is amended to read:
2533          11-40-101. Definitions.
2534          As used in this chapter:
2535          (1) "Applicant" means a person who seeks employment with a public water utility,
2536     either as an employee or as an independent contractor, and who, after employment, would, in

2537     the judgment of the public water utility, be in a position to affect the safety or security of the
2538     publicly owned treatment works or public water system or to affect the safety or well-being of
2539     patrons of the public water utility.
2540          (2) "Division" means the Criminal Investigation and Technical Services Division of the
2541     Department of Public Safety, established in Section 53-10-103.
2542          (3) "Independent contractor":
2543          (a) means an engineer, contractor, consultant, or supplier who designs, constructs,
2544     operates, maintains, repairs, replaces, or provides water treatment or conveyance facilities or
2545     equipment, or related control or security facilities or equipment, to the public water utility; and
2546          (b) includes the employees and agents of the engineer, contractor, consultant, or
2547     supplier.
2548          (4) "Person seeking access" means a person who seeks access to a public water utility's
2549     public water system or publicly owned treatment works and who, after obtaining access, would,
2550     in the judgment of the public water utility, be in a position to affect the safety or security of the
2551     publicly owned treatment works or public water system or to affect the safety or well-being of
2552     patrons of the public water utility.
2553          (5) "Publicly owned treatment works" has the same meaning as defined in Section
2554     19-5-102.
2555          (6) "Public water system" has the same meaning as defined in Section 19-4-102.
2556          (7) "Public water utility" means a county, city, town, [local] special district under [Title
2557     17B, Chapter 1, Provisions Applicable to All Local Districts] Title 17B, Chapter 1, Provisions
2558     Applicable to All Special Districts, special service district under Title 17D, Chapter 1, Special
2559     Service District Act, or other political subdivision of the state that operates publicly owned
2560     treatment works or a public water system.
2561          Section 36. Section 11-41-102 is amended to read:
2562          11-41-102. Definitions.
2563          As used in this chapter:
2564          (1) "Agreement" means an oral or written agreement between a public entity and a
2565     person.
2566          (2) "Business entity" means a sole proprietorship, partnership, limited partnership,
2567     limited liability company, corporation, or other entity or association used to carry on a business

2568     for profit.
2569          (3) "Determination of violation" means a determination by the Governor's Office of
2570     Economic Opportunity of substantial likelihood that a retail facility incentive payment has been
2571     made in violation of Section 11-41-103, in accordance with Section 11-41-104.
2572          (4) "Environmental mitigation" means an action or activity intended to remedy known
2573     negative impacts to the environment.
2574          (5) "Executive director" means the executive director of the Governor's Office of
2575     Economic Opportunity.
2576          (6) "General plan" means the same as that term is defined in Section 23-21-.5.
2577          (7) "Mixed-use development" means development with mixed land uses, including
2578     housing.
2579          (8) "Moderate income housing plan" means the moderate income housing plan element
2580     of a general plan.
2581          (9) "Office" means the Governor's Office of Economic Opportunity.
2582          (10) "Political subdivision" means any county, city, town, metro township, school
2583     district, [local] special district, special service district, community reinvestment agency, or
2584     entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal
2585     Cooperation Act.
2586          (11) "Public entity" means:
2587          (a) a political subdivision;
2588          (b) a state agency as defined in Section 63J-1-220;
2589          (c) a higher education institution as defined in Section 53B-1-201;
2590          (d) the Military Installation Development Authority created in Section 63H-1-201;
2591          (e) the Utah Inland Port Authority created in Section 11-58-201; or
2592          (f) the Point of the Mountain State Land Authority created in Section 11-59-201.
2593          (12) "Public funds" means any money received by a public entity that is derived from:
2594          (a) a sales and use tax authorized under Title 59, Chapter 12, Sales and Use Tax Act;
2595     or
2596          (b) a property tax levy.
2597          (13) "Public infrastructure" means:
2598          (a) a public facility as defined in Section 11-36a-102; or

2599          (b) public infrastructure included as part of an infrastructure master plan related to a
2600     general plan.
2601          (14) "Retail facility" means any facility operated by a business entity for the primary
2602     purpose of making retail transactions.
2603          (15) (a) "Retail facility incentive payment" means a payment of public funds:
2604          (i) to a person by a public entity;
2605          (ii) for the development, construction, renovation, or operation of a retail facility
2606     within an area of the state; and
2607          (iii) in the form of:
2608          (A) a payment;
2609          (B) a rebate;
2610          (C) a refund;
2611          (D) a subsidy; or
2612          (E) any other similar incentive, award, or offset.
2613          (b) "Retail facility incentive payment" does not include a payment of public funds for:
2614          (i) the development, construction, renovation, or operation of:
2615          (A) public infrastructure; or
2616          (B) a structured parking facility;
2617          (ii) the demolition of an existing facility;
2618          (iii) assistance under a state or local:
2619          (A) main street program; or
2620          (B) historic preservation program;
2621          (iv) environmental mitigation or sanitation, if determined by a state or federal agency
2622     under applicable state or federal law;
2623          (v) assistance under a water conservation program or energy efficiency program, if any
2624     business entity located within the public entity's boundaries or subject to the public entity's
2625     jurisdiction is eligible to participate in the program;
2626          (vi) emergency aid or assistance, if any business entity located within the public entity's
2627     boundaries or subject to the public entity's jurisdiction is eligible to receive the emergency aid
2628     or assistance; or
2629          (vii) assistance under a public safety or security program, if any business entity located

2630     within the public entity's boundaries or subject to the public entity's jurisdiction is eligible to
2631     participate in the program.
2632          (16) "Retail transaction" means any transaction subject to a sales and use tax under
2633     Title 59, Chapter 12, Sales and Use Tax Act.
2634          (17) (a) "Small business" means a business entity that:
2635          (i) has fewer than 30 full-time equivalent employees; and
2636          (ii) maintains the business entity's principal office in the state.
2637          (b) "Small business" does not include:
2638          (i) a franchisee, as defined in 16 C.F.R. Sec. 436.1;
2639          (ii) a dealer, as defined in Section 41-1a-102; or
2640          (iii) a subsidiary or affiliate of another business entity that is not a small business.
2641          Section 37. Section 11-42-102 is amended to read:
2642          11-42-102. Definitions.
2643          (1) As used in this chapter:
2644          (a) "Adequate protests" means, for all proposed assessment areas except sewer
2645     assessment areas, timely filed, written protests under Section 11-42-203 that represent at least
2646     40% of the frontage, area, taxable value, fair market value, lots, number of connections, or
2647     equivalent residential units of the property proposed to be assessed, according to the same
2648     assessment method by which the assessment is proposed to be levied, after eliminating:
2649          (i) protests relating to:
2650          (A) property that has been deleted from a proposed assessment area; or
2651          (B) an improvement that has been deleted from the proposed improvements to be
2652     provided to property within the proposed assessment area; and
2653          (ii) protests that have been withdrawn under Subsection 11-42-203(3).
2654          (b) "Adequate protests" means, for a proposed sewer assessment area, timely filed,
2655     written protests under Section 11-42-203 that represent at least 70% of the frontage, area,
2656     taxable value, fair market value, lots, number of connections, or equivalent residential units of
2657     the property proposed to be assessed, according to the same assessment method by which the
2658     assessment is proposed to be levied, after eliminating adequate protests under Subsection
2659     (1)(a).
2660          (2) "Assessment area" means an area, or, if more than one area is designated, the

2661     aggregate of all areas within a local entity's jurisdictional boundaries that is designated by a
2662     local entity under Part 2, Designating an Assessment Area, for the purpose of financing the
2663     costs of improvements, operation and maintenance, or economic promotion activities that
2664     benefit property within the area.
2665          (3) "Assessment bonds" means bonds that are:
2666          (a) issued under Section 11-42-605; and
2667          (b) payable in part or in whole from assessments levied in an assessment area,
2668     improvement revenues, and a guaranty fund or reserve fund.
2669          (4) "Assessment fund" means a special fund that a local entity establishes under
2670     Section 11-42-412.
2671          (5) "Assessment lien" means a lien on property within an assessment area that arises
2672     from the levy of an assessment, as provided in Section 11-42-501.
2673          (6) "Assessment method" means the method:
2674          (a) by which an assessment is levied against benefitted property, whether by frontage,
2675     area, taxable value, fair market value, lot, parcel, number of connections, equivalent residential
2676     unit, any combination of these methods, or any other method; and
2677          (b) that, when applied to a benefitted property, accounts for an assessment that meets
2678     the requirements of Section 11-42-409.
2679          (7) "Assessment ordinance" means an ordinance adopted by a local entity under
2680     Section 11-42-404 that levies an assessment on benefitted property within an assessment area.
2681          (8) "Assessment resolution" means a resolution adopted by a local entity under Section
2682     11-42-404 that levies an assessment on benefitted property within an assessment area.
2683          (9) "Benefitted property" means property within an assessment area that directly or
2684     indirectly benefits from improvements, operation and maintenance, or economic promotion
2685     activities.
2686          (10) "Bond anticipation notes" means notes issued under Section 11-42-602 in
2687     anticipation of the issuance of assessment bonds.
2688          (11) "Bonds" means assessment bonds and refunding assessment bonds.
2689          (12) "Commercial area" means an area in which at least 75% of the property is devoted
2690     to the interchange of goods or commodities.
2691          (13) (a) "Commercial or industrial real property" means real property used directly or

2692     indirectly or held for one of the following purposes or activities, regardless of whether the
2693     purpose or activity is for profit:
2694          (i) commercial;
2695          (ii) mining;
2696          (iii) industrial;
2697          (iv) manufacturing;
2698          (v) governmental;
2699          (vi) trade;
2700          (vii) professional;
2701          (viii) a private or public club;
2702          (ix) a lodge;
2703          (x) a business; or
2704          (xi) a similar purpose.
2705          (b) "Commercial or industrial real property" includes real property that:
2706          (i) is used as or held for dwelling purposes; and
2707          (ii) contains more than four rental units.
2708          (14) "Connection fee" means a fee charged by a local entity to pay for the costs of
2709     connecting property to a publicly owned sewer, storm drainage, water, gas, communications, or
2710     electrical system, whether or not improvements are installed on the property.
2711          (15) "Contract price" means:
2712          (a) the cost of acquiring an improvement, if the improvement is acquired; or
2713          (b) the amount payable to one or more contractors for the design, engineering,
2714     inspection, and construction of an improvement.
2715          (16) "Designation ordinance" means an ordinance adopted by a local entity under
2716     Section 11-42-206 designating an assessment area.
2717          (17) "Designation resolution" means a resolution adopted by a local entity under
2718     Section 11-42-206 designating an assessment area.
2719          (18) "Development authority" means:
2720          (a) the Utah Inland Port Authority created in Section 11-58-201; or
2721          (b) the military installation development authority created in Section 63H-1-201.
2722          (19) "Economic promotion activities" means activities that promote economic growth

2723     in a commercial area of a local entity, including:
2724          (a) sponsoring festivals and markets;
2725          (b) promoting business investment or activities;
2726          (c) helping to coordinate public and private actions; and
2727          (d) developing and issuing publications designed to improve the economic well-being
2728     of the commercial area.
2729          (20) "Environmental remediation activity" means a surface or subsurface enhancement,
2730     effort, cost, initial or ongoing maintenance expense, facility, installation, system, earth
2731     movement, or change to grade or elevation that improves the use, function, aesthetics, or
2732     environmental condition of publicly owned property.
2733          (21) "Equivalent residential unit" means a dwelling, unit, or development that is equal
2734     to a single-family residence in terms of the nature of its use or impact on an improvement to be
2735     provided in the assessment area.
2736          (22) "Governing body" means:
2737          (a) for a county, city, or town, the legislative body of the county, city, or town;
2738          (b) for a [local] special district, the board of trustees of the [local] special district;
2739          (c) for a special service district:
2740          (i) the legislative body of the county, city, or town that established the special service
2741     district, if no administrative control board has been appointed under Section 17D-1-301; or
2742          (ii) the administrative control board of the special service district, if an administrative
2743     control board has been appointed under Section 17D-1-301;
2744          (d) for the military installation development authority created in Section 63H-1-201,
2745     the board, as defined in Section 63H-1-102;
2746          (e) for the Utah Inland Port Authority, created in Section 11-58-201, the board, as
2747     defined in Section 11-58-102; and
2748          (f) for a public infrastructure district, the board of the public infrastructure district as
2749     defined in Section 17D-4-102.
2750          (23) "Guaranty fund" means the fund established by a local entity under Section
2751     11-42-701.
2752          (24) "Improved property" means property upon which a residential, commercial, or
2753     other building has been built.

2754          (25) "Improvement":
2755          (a) (i) means a publicly owned infrastructure, facility, system, or environmental
2756     remediation activity that:
2757          (A) a local entity is authorized to provide;
2758          (B) the governing body of a local entity determines is necessary or convenient to
2759     enable the local entity to provide a service that the local entity is authorized to provide; or
2760          (C) a local entity is requested to provide through an interlocal agreement in accordance
2761     with Chapter 13, Interlocal Cooperation Act; and
2762          (ii) includes facilities in an assessment area, including a private driveway, an irrigation
2763     ditch, and a water turnout, that:
2764          (A) can be conveniently installed at the same time as an infrastructure, system, or other
2765     facility described in Subsection (25)(a)(i); and
2766          (B) are requested by a property owner on whose property or for whose benefit the
2767     infrastructure, system, or other facility is being installed; or
2768          (b) for a [local] special district created to assess groundwater rights in accordance with
2769     Section 17B-1-202, means a system or plan to regulate groundwater withdrawals within a
2770     specific groundwater basin in accordance with Sections 17B-1-202 and 73-5-15.
2771          (26) "Improvement revenues":
2772          (a) means charges, fees, impact fees, or other revenues that a local entity receives from
2773     improvements; and
2774          (b) does not include revenue from assessments.
2775          (27) "Incidental refunding costs" means any costs of issuing refunding assessment
2776     bonds and calling, retiring, or paying prior bonds, including:
2777          (a) legal and accounting fees;
2778          (b) charges of financial advisors, escrow agents, certified public accountant verification
2779     entities, and trustees;
2780          (c) underwriting discount costs, printing costs, the costs of giving notice;
2781          (d) any premium necessary in the calling or retiring of prior bonds;
2782          (e) fees to be paid to the local entity to issue the refunding assessment bonds and to
2783     refund the outstanding prior bonds;
2784          (f) any other costs that the governing body determines are necessary and proper to incur

2785     in connection with the issuance of refunding assessment bonds; and
2786          (g) any interest on the prior bonds that is required to be paid in connection with the
2787     issuance of the refunding assessment bonds.
2788          (28) "Installment payment date" means the date on which an installment payment of an
2789     assessment is payable.
2790          (29) "Interim warrant" means a warrant issued by a local entity under Section
2791     11-42-601.
2792          (30) "Jurisdictional boundaries" means:
2793          (a) for a county, the boundaries of the unincorporated area of the county; and
2794          (b) for each other local entity, the boundaries of the local entity.
2795          [(31) "Local district" means a local district under Title 17B, Limited Purpose Local
2796     Government Entities - Local Districts.]
2797          [(32)] (31) "Local entity" means:
2798          (a) a county, city, town, special service district, or [local] special district;
2799          (b) an interlocal entity as defined in Section 11-13-103;
2800          (c) the military installation development authority, created in Section 63H-1-201;
2801          (d) a public infrastructure district under Title 17D, Chapter 4, Public Infrastructure
2802     District Act, including a public infrastructure district created by a development authority;
2803          (e) the Utah Inland Port Authority, created in Section 11-58-201; or
2804          (f) any other political subdivision of the state.
2805          [(33)] (32) "Local entity obligations" means assessment bonds, refunding assessment
2806     bonds, interim warrants, and bond anticipation notes issued by a local entity.
2807          [(34)] (33) "Mailing address" means:
2808          (a) a property owner's last-known address using the name and address appearing on the
2809     last completed real property assessment roll of the county in which the property is located; and
2810          (b) if the property is improved property:
2811          (i) the property's street number; or
2812          (ii) the post office box, rural route number, or other mailing address of the property, if
2813     a street number has not been assigned.
2814          [(35)] (34) "Net improvement revenues" means all improvement revenues that a local
2815     entity has received since the last installment payment date, less all amounts payable by the local

2816     entity from those improvement revenues for operation and maintenance costs.
2817          [(36)] (35) "Operation and maintenance costs":
2818          (a) means the costs that a local entity incurs in operating and maintaining
2819     improvements in an assessment area, whether or not those improvements have been financed
2820     under this chapter; and
2821          (b) includes service charges, administrative costs, ongoing maintenance charges, and
2822     tariffs or other charges for electrical, water, gas, or other utility usage.
2823          [(37)] (36) "Overhead costs" means the actual costs incurred or the estimated costs to
2824     be incurred by a local entity in connection with an assessment area for appraisals, legal fees,
2825     filing fees, financial advisory charges, underwriting fees, placement fees, escrow, trustee, and
2826     paying agent fees, publishing and mailing costs, costs of levying an assessment, recording
2827     costs, and all other incidental costs.
2828          [(38)] (37) "Prior assessment ordinance" means the ordinance levying the assessments
2829     from which the prior bonds are payable.
2830          [(39)] (38) "Prior assessment resolution" means the resolution levying the assessments
2831     from which the prior bonds are payable.
2832          [(40)] (39) "Prior bonds" means the assessment bonds that are refunded in part or in
2833     whole by refunding assessment bonds.
2834          [(41)] (40) "Project engineer" means the surveyor or engineer employed by or the
2835     private consulting engineer engaged by a local entity to perform the necessary engineering
2836     services for and to supervise the construction or installation of the improvements.
2837          [(42)] (41) "Property" includes real property and any interest in real property, including
2838     water rights and leasehold rights.
2839          [(43)] (42) "Property price" means the price at which a local entity purchases or
2840     acquires by eminent domain property to make improvements in an assessment area.
2841          [(44)] (43) "Provide" or "providing," with reference to an improvement, includes the
2842     acquisition, construction, reconstruction, renovation, maintenance, repair, operation, and
2843     expansion of an improvement.
2844          [(45)] (44) "Public agency" means:
2845          (a) the state or any agency, department, or division of the state; and
2846          (b) a political subdivision of the state.

2847          [(46)] (45) "Reduced payment obligation" means the full obligation of an owner of
2848     property within an assessment area to pay an assessment levied on the property after the
2849     assessment has been reduced because of the issuance of refunding assessment bonds, as
2850     provided in Section 11-42-608.
2851          [(47)] (46) "Refunding assessment bonds" means assessment bonds that a local entity
2852     issues under Section 11-42-607 to refund, in part or in whole, assessment bonds.
2853          [(48)] (47) "Reserve fund" means a fund established by a local entity under Section
2854     11-42-702.
2855          [(49)] (48) "Service" means:
2856          (a) water, sewer, storm drainage, garbage collection, library, recreation,
2857     communications, or electric service;
2858          (b) economic promotion activities; or
2859          (c) any other service that a local entity is required or authorized to provide.
2860          [(50)] (49) (a) "Sewer assessment area" means an assessment area that has as the
2861     assessment area's primary purpose the financing and funding of public improvements to
2862     provide sewer service where there is, in the opinion of the local board of health, substantial
2863     evidence of septic system failure in the defined area due to inadequate soils, high water table,
2864     or other factors proven to cause failure.
2865          (b) "Sewer assessment area" does not include property otherwise located within the
2866     assessment area:
2867          (i) on which an approved conventional or advanced wastewater system has been
2868     installed during the previous five calendar years;
2869          (ii) for which the local health department has inspected the system described in
2870     Subsection [(50)] (49)(b)(i) to ensure that the system is functioning properly; and
2871          (iii) for which the property owner opts out of the proposed assessment area for the
2872     earlier of a period of 10 calendar years or until failure of the system described in Subsection
2873     [(50)] (49)(b)(i).
2874          (50) "Special district" means a special district under Title 17B, Limited Purpose Local
2875     Government Entities - Special Districts
2876          (51) "Special service district" means the same as that term is defined in Section
2877     17D-1-102.

2878          (52) "Unassessed benefitted government property" means property that a local entity
2879     may not assess in accordance with Section 11-42-408 but is benefitted by an improvement,
2880     operation and maintenance, or economic promotion activities.
2881          (53) "Unimproved property" means property upon which no residential, commercial, or
2882     other building has been built.
2883          (54) "Voluntary assessment area" means an assessment area that contains only property
2884     whose owners have voluntarily consented to an assessment.
2885          Section 38. Section 11-42a-102 is amended to read:
2886          11-42a-102. Definitions.
2887          (1) "Air quality standards" means that a vehicle's emissions are equal to or cleaner than
2888     the standards established in bin 4 Table S04-1, of 40 C.F.R. 86.1811-04(c)(6).
2889          (2) (a) "Assessment" means the assessment that a local entity or the C-PACE district
2890     levies on private property under this chapter to cover the costs of an energy efficiency upgrade,
2891     a renewable energy system, or an electric vehicle charging infrastructure.
2892          (b) "Assessment" does not constitute a property tax but shares the same priority lien as
2893     a property tax.
2894          (3) "Assessment fund" means a special fund that a local entity establishes under
2895     Section 11-42a-206.
2896          (4) "Benefitted property" means private property within an energy assessment area that
2897     directly benefits from improvements.
2898          (5) "Bond" means an assessment bond and a refunding assessment bond.
2899          (6) (a) "Commercial or industrial real property" means private real property used
2900     directly or indirectly or held for one of the following purposes or activities, regardless of
2901     whether the purpose or activity is for profit:
2902          (i) commercial;
2903          (ii) mining;
2904          (iii) agricultural;
2905          (iv) industrial;
2906          (v) manufacturing;
2907          (vi) trade;
2908          (vii) professional;

2909          (viii) a private or public club;
2910          (ix) a lodge;
2911          (x) a business; or
2912          (xi) a similar purpose.
2913          (b) "Commercial or industrial real property" includes:
2914          (i) private real property that is used as or held for dwelling purposes and contains:
2915          (A) more than four rental units; or
2916          (B) one or more owner-occupied or rental condominium units affiliated with a hotel;
2917     and
2918          (ii) real property owned by:
2919          (A) the military installation development authority, created in Section 63H-1-201; or
2920          (B) the Utah Inland Port Authority, created in Section 11-58-201.
2921          (7) "Contract price" means:
2922          (a) up to 100% of the cost of installing, acquiring, refinancing, or reimbursing for an
2923     improvement, as determined by the owner of the property benefitting from the improvement; or
2924          (b) the amount payable to one or more contractors for the assessment, design,
2925     engineering, inspection, and construction of an improvement.
2926          (8) "C-PACE" means commercial property assessed clean energy.
2927          (9) "C-PACE district" means the statewide authority established in Section 11-42a-106
2928     to implement the C-PACE Act in collaboration with governing bodies, under the direction of
2929     OED.
2930          (10) "Electric vehicle charging infrastructure" means equipment that is:
2931          (a) permanently affixed to commercial or industrial real property; and
2932          (b) designed to deliver electric energy to a qualifying electric vehicle or a qualifying
2933     plug-in hybrid vehicle.
2934          (11) "Energy assessment area" means an area:
2935          (a) within the jurisdictional boundaries of a local entity that approves an energy
2936     assessment area or, if the C-PACE district or a state interlocal entity levies the assessment, the
2937     C-PACE district or the state interlocal entity;
2938          (b) containing only the commercial or industrial real property of owners who have
2939     voluntarily consented to an assessment under this chapter for the purpose of financing the costs

2940     of improvements that benefit property within the energy assessment area; and
2941          (c) in which the proposed benefitted properties in the area are:
2942          (i) contiguous; or
2943          (ii) located on one or more contiguous or adjacent tracts of land that would be
2944     contiguous or adjacent property but for an intervening right-of-way, including a sidewalk,
2945     street, road, fixed guideway, or waterway.
2946          (12) "Energy assessment bond" means a bond:
2947          (a) issued under Section 11-42a-401; and
2948          (b) payable in part or in whole from assessments levied in an energy assessment area.
2949          (13) "Energy assessment lien" means a lien on property within an energy assessment
2950     area that arises from the levy of an assessment in accordance with Section 11-42a-301.
2951          (14) "Energy assessment ordinance" means an ordinance that a local entity adopts
2952     under Section 11-42a-201 that:
2953          (a) designates an energy assessment area;
2954          (b) levies an assessment on benefitted property within the energy assessment area; and
2955          (c) if applicable, authorizes the issuance of energy assessment bonds.
2956          (15) "Energy assessment resolution" means one or more resolutions adopted by a local
2957     entity under Section 11-42a-201 that:
2958          (a) designates an energy assessment area;
2959          (b) levies an assessment on benefitted property within the energy assessment area; and
2960          (c) if applicable, authorizes the issuance of energy assessment bonds.
2961          (16) "Energy efficiency upgrade" means an improvement that is:
2962          (a) permanently affixed to commercial or industrial real property; and
2963          (b) designed to reduce energy or water consumption, including:
2964          (i) insulation in:
2965          (A) a wall, roof, floor, or foundation; or
2966          (B) a heating and cooling distribution system;
2967          (ii) a window or door, including:
2968          (A) a storm window or door;
2969          (B) a multiglazed window or door;
2970          (C) a heat-absorbing window or door;

2971          (D) a heat-reflective glazed and coated window or door;
2972          (E) additional window or door glazing;
2973          (F) a window or door with reduced glass area; or
2974          (G) other window or door modifications;
2975          (iii) an automatic energy control system;
2976          (iv) in a building or a central plant, a heating, ventilation, or air conditioning and
2977     distribution system;
2978          (v) caulk or weatherstripping;
2979          (vi) a light fixture that does not increase the overall illumination of a building, unless
2980     an increase is necessary to conform with the applicable building code;
2981          (vii) an energy recovery system;
2982          (viii) a daylighting system;
2983          (ix) measures to reduce the consumption of water, through conservation or more
2984     efficient use of water, including installation of:
2985          (A) low-flow toilets and showerheads;
2986          (B) timer or timing systems for a hot water heater; or
2987          (C) rain catchment systems;
2988          (x) a modified, installed, or remodeled fixture that is approved as a utility cost-saving
2989     measure by the governing body or executive of a local entity;
2990          (xi) measures or other improvements to effect seismic upgrades;
2991          (xii) structures, measures, or other improvements to provide automated parking or
2992     parking that reduces land use;
2993          (xiii) the extension of an existing natural gas distribution company line;
2994          (xiv) an energy efficient elevator, escalator, or other vertical transport device;
2995          (xv) any other improvement that the governing body or executive of a local entity
2996     approves as an energy efficiency upgrade; or
2997          (xvi) any improvement that relates physically or functionally to any of the
2998     improvements listed in Subsections (16)(b)(i) through (xv).
2999          (17) "Governing body" means:
3000          (a) for a county, city, town, or metro township, the legislative body of the county, city,
3001     town, or metro township;

3002          (b) for a [local] special district, the board of trustees of the [local] special district;
3003          (c) for a special service district:
3004          (i) if no administrative control board has been appointed under Section 17D-1-301, the
3005     legislative body of the county, city, town, or metro township that established the special service
3006     district; or
3007          (ii) if an administrative control board has been appointed under Section 17D-1-301, the
3008     administrative control board of the special service district;
3009          (d) for the military installation development authority created in Section 63H-1-201,
3010     the board, as that term is defined in Section 63H-1-102; and
3011          (e) for the Utah Inland Port Authority, created in Section 11-58-201, the board, as
3012     defined in Section 11-58-102.
3013          (18) "Improvement" means a publicly or privately owned energy efficiency upgrade,
3014     renewable energy system, or electric vehicle charging infrastructure that:
3015          (a) a property owner has requested; or
3016          (b) has been or is being installed on a property for the benefit of the property owner.
3017          (19) "Incidental refunding costs" means any costs of issuing a refunding assessment
3018     bond and calling, retiring, or paying prior bonds, including:
3019          (a) legal and accounting fees;
3020          (b) charges of financial advisors, escrow agents, certified public accountant verification
3021     entities, and trustees;
3022          (c) underwriting discount costs, printing costs, and the costs of giving notice;
3023          (d) any premium necessary in the calling or retiring of prior bonds;
3024          (e) fees to be paid to the local entity to issue the refunding assessment bond and to
3025     refund the outstanding prior bonds;
3026          (f) any other costs that the governing body determines are necessary and proper to incur
3027     in connection with the issuance of a refunding assessment bond; and
3028          (g) any interest on the prior bonds that is required to be paid in connection with the
3029     issuance of the refunding assessment bond.
3030          (20) "Installment payment date" means the date on which an installment payment of an
3031     assessment is payable.
3032          (21) "Jurisdictional boundaries" means:

3033          (a) for the C-PACE district or any state interlocal entity, the boundaries of the state;
3034     and
3035          (b) for each local entity, the boundaries of the local entity.
3036          [(22) "Local district" means a local district under Title 17B, Limited Purpose Local
3037     Government Entities - Local Districts.]
3038          [(23)] (22) (a) "Local entity" means:
3039          (i) a county, city, town, or metro township;
3040          (ii) a special service district, a [local] special district, or an interlocal entity as that term
3041     is defined in Section 11-13-103;
3042          (iii) a state interlocal entity;
3043          (iv) the military installation development authority, created in Section 63H-1-201;
3044          (v) the Utah Inland Port Authority, created in Section 11-58-201; or
3045          (vi) any political subdivision of the state.
3046          (b) "Local entity" includes the C-PACE district solely in connection with:
3047          (i) the designation of an energy assessment area;
3048          (ii) the levying of an assessment; and
3049          (iii) the assignment of an energy assessment lien to a third-party lender under Section
3050     11-42a-302.
3051          [(24)] (23) "Local entity obligations" means energy assessment bonds and refunding
3052     assessment bonds that a local entity issues.
3053          [(25)] (24) "OED" means the Office of Energy Development created in Section
3054     79-6-401.
3055          [(26)] (25) "OEM vehicle" means the same as that term is defined in Section 19-1-402.
3056          [(27)] (26) "Overhead costs" means the actual costs incurred or the estimated costs to
3057     be incurred in connection with an energy assessment area, including:
3058          (a) appraisals, legal fees, filing fees, facilitation fees, and financial advisory charges;
3059          (b) underwriting fees, placement fees, escrow fees, trustee fees, and paying agent fees;
3060          (c) publishing and mailing costs;
3061          (d) costs of levying an assessment;
3062          (e) recording costs; and
3063          (f) all other incidental costs.

3064          [(28)] (27) "Parameters resolution" means a resolution or ordinance that a local entity
3065     adopts in accordance with Section 11-42a-201.
3066          [(29)] (28) "Prior bonds" means the energy assessment bonds refunded in part or in
3067     whole by a refunding assessment bond.
3068          [(30)] (29) "Prior energy assessment ordinance" means the ordinance levying the
3069     assessments from which the prior bonds are payable.
3070          [(31)] (30) "Prior energy assessment resolution" means the resolution levying the
3071     assessments from which the prior bonds are payable.
3072          [(32)] (31) "Property" includes real property and any interest in real property, including
3073     water rights and leasehold rights.
3074          [(33)] (32) "Public electrical utility" means a large-scale electric utility as that term is
3075     defined in Section 54-2-1.
3076          [(34)] (33) "Qualifying electric vehicle" means a vehicle that:
3077          (a) meets air quality standards;
3078          (b) is not fueled by natural gas;
3079          (c) draws propulsion energy from a battery with at least 10 kilowatt hours of capacity;
3080     and
3081          (d) is an OEM vehicle except that the vehicle is fueled by a fuel described in
3082     Subsection [(34)(c)] (33)(c).
3083          [(35)] (34) "Qualifying plug-in hybrid vehicle" means a vehicle that:
3084          (a) meets air quality standards;
3085          (b) is not fueled by natural gas or propane;
3086          (c) has a battery capacity that meets or exceeds the battery capacity described in
3087     Subsection 30D(b)(3), Internal Revenue Code; and
3088          (d) is fueled by a combination of electricity and:
3089          (i) diesel fuel;
3090          (ii) gasoline; or
3091          (iii) a mixture of gasoline and ethanol.
3092          [(36)] (35) "Reduced payment obligation" means the full obligation of an owner of
3093     property within an energy assessment area to pay an assessment levied on the property after the
3094     local entity has reduced the assessment because of the issuance of a refunding assessment

3095     bond, in accordance with Section 11-42a-403.
3096          [(37)] (36) "Refunding assessment bond" means an assessment bond that a local entity
3097     issues under Section 11-42a-403 to refund, in part or in whole, energy assessment bonds.
3098          [(38)] (37) (a) "Renewable energy system" means a product, system, device, or
3099     interacting group of devices that is permanently affixed to commercial or industrial real
3100     property not located in the certified service area of a distribution electrical cooperative, as that
3101     term is defined in Section 54-2-1, and:
3102          (i) produces energy from renewable resources, including:
3103          (A) a photovoltaic system;
3104          (B) a solar thermal system;
3105          (C) a wind system;
3106          (D) a geothermal system, including a generation system, a direct-use system, or a
3107     ground source heat pump system;
3108          (E) a microhydro system;
3109          (F) a biofuel system; or
3110          (G) any other renewable source system that the governing body of the local entity
3111     approves;
3112          (ii) stores energy, including:
3113          (A) a battery storage system; or
3114          (B) any other energy storing system that the governing body or chief executive officer
3115     of a local entity approves; or
3116          (iii) any improvement that relates physically or functionally to any of the products,
3117     systems, or devices listed in Subsection [(38)(a)(i)] (37)(a)(i) or (ii).
3118          (b) "Renewable energy system" does not include a system described in Subsection
3119     (38)(a)(i) if the system provides energy to property outside the energy assessment area, unless
3120     the system:
3121          (i) (A) existed before the creation of the energy assessment area; and
3122          (B) beginning before January 1, 2017, provides energy to property outside of the area
3123     that became the energy assessment area; or
3124          (ii) provides energy to property outside the energy assessment area under an agreement
3125     with a public electrical utility that is substantially similar to agreements for other renewable

3126     energy systems that are not funded under this chapter.
3127          (38) "Special district" means a special district under Title 17B, Limited Purpose Local
3128     Government Entities - Special Districts.
3129          (39) "Special service district" means the same as that term is defined in Section
3130     17D-1-102.
3131          (40) "State interlocal entity" means:
3132          (a) an interlocal entity created under Chapter 13, Interlocal Cooperation Act, by two or
3133     more counties, cities, towns, or metro townships that collectively represent at least a majority
3134     of the state's population; or
3135          (b) an entity that another state authorized, before January 1, 2017, to issue bonds,
3136     notes, or other obligations or refunding obligations to finance or refinance projects in the state.
3137          (41) "Third-party lender" means a trust company, savings bank, savings and loan
3138     association, bank, credit union, or any other entity that provides loans directly to property
3139     owners for improvements authorized under this chapter.
3140          Section 39. Section 11-43-102 is amended to read:
3141          11-43-102. Memorials by political subdivisions.
3142          (1) As used in this section:
3143          (a) "Political subdivision" means any county, city, town, or school district.
3144          (b) "Political subdivision" does not [mean] include a [local] special district under [Title
3145     17B, Limited Purpose Local Government Entities - Local Districts] Title 17B, Limited Purpose
3146     Local Government Entities - Special Districts, or a special service district under Title 17D,
3147     Chapter 1, Special Service District Act.
3148          (2) A political subdivision may authorize the use or donation of the political
3149     subdivision's land for the purpose of maintaining, erecting, or contributing to the erection or
3150     maintenance of a memorial to commemorate those individuals who have:
3151          (a) participated in or have given their lives in any of the one or more wars or military
3152     conflicts in which the United States of America has been a participant; or
3153          (b) given their lives in association with public service on behalf of the state or the
3154     political subdivision, including firefighters, peace officers, highway patrol officers, or other
3155     public servants.
3156          (3) The use or donation of a political subdivision's land in relation to a memorial

3157     described in Subsection (2) may include:
3158          (a) using or appropriating public funds for the purchase, development, improvement, or
3159     maintenance of public land on which a memorial is located or established;
3160          (b) using or appropriating public funds for the erection, improvement, or maintenance
3161     of a memorial;
3162          (c) donating or selling public land for use in relation to a memorial; or
3163          (d) authorizing the use of a political subdivision's land for a memorial that is funded or
3164     maintained in part or in full by another public or private entity.
3165          (4) The political subdivision may specify the form, placement, and design of a
3166     memorial that is subject to this section.
3167          Section 40. Section 11-47-102 is amended to read:
3168          11-47-102. Definitions.
3169          For purposes of this chapter, "elected official" means each person elected to a county
3170     office, municipal office, school board or school district office, [local] special district office, or
3171     special service district office, but does not include judges.
3172          Section 41. Section 11-48-101.5 is amended to read:
3173          11-48-101.5. Definitions.
3174          As used in this chapter:
3175          (1) (a) "911 ambulance services" means ambulance services rendered in response to a
3176     911 call received by a designated dispatch center that receives 911 or E911 calls.
3177          (b) "911 ambulance services" does not mean a seven or ten digit telephone call
3178     received directly by an ambulance provider licensed under Title 26, Chapter 8a, Utah
3179     Emergency Medical Services System Act.
3180          (2) "Municipality" means a city, town, or metro township.
3181          (3) "Political subdivision" means a county, city, town, [local] special district, or
3182     [special] service district.
3183          Section 42. Section 11-48-103 is amended to read:
3184          11-48-103. Provision of 911 ambulance services in municipalities and counties.
3185          (1) The governing body of each municipality and county shall, subject to Title 26,
3186     Chapter 8a, Part 4, Ambulance and Paramedic Providers, ensure at least a minimum level of
3187     911 ambulance services are provided:

3188          (a) within the territorial limits of the municipality or county;
3189          (b) by a ground ambulance provider, licensed by the Department of Health under Title
3190     26, Chapter 8a, Part 4, Ambulance and Paramedic Providers; and
3191          (c) in accordance with rules established by the State Emergency Medical Services
3192     Committee under Subsection 26-8a-104(8).
3193          (2) A municipality or county may:
3194          (a) subject to Subsection (3), maintain and support 911 ambulance services for the
3195     municipality's or county's own jurisdiction; or
3196          (b) contract to:
3197          (i) provide 911 ambulance services to any county, municipal corporation, [local]
3198     special district, special service district, interlocal entity, private corporation, nonprofit
3199     corporation, state agency, or federal agency;
3200          (ii) receive 911 ambulance services from any county, municipal corporation, [local]
3201     special district, special service district, interlocal entity, private corporation, nonprofit
3202     corporation, state agency, or federal agency;
3203          (iii) jointly provide 911 ambulance services with any county, municipal corporation,
3204     [local] special district, special service district, interlocal entity, private corporation, nonprofit
3205     corporation, state agency, or federal agency; or
3206          (iv) contribute toward the support of 911 ambulance services in any county, municipal
3207     corporation, [local] special district, special service district, interlocal entity, private
3208     corporation, nonprofit corporation, state agency, or federal agency in return for 911 ambulance
3209     services.
3210          (3) (a) A municipality or county that maintains and supports 911 ambulance services
3211     for the municipality's or county's own jurisdiction under Subsection (2)(a) shall obtain a license
3212     as a ground ambulance provider from the Department of Health under Title 26, Chapter 8a,
3213     Part 4, Ambulance and Paramedic Providers.
3214          (b) Subsections 26-8a-405 through 26-8a-405.3 do not apply to a license described in
3215     Subsection (3)(a).
3216          Section 43. Section 11-50-102 is amended to read:
3217          11-50-102. Definitions.
3218          As used in this chapter:

3219          (1) "Annual financial report" means a comprehensive annual financial report or similar
3220     financial report required by Section 51-2a-201.
3221          (2) "Chief administrative officer" means the chief administrative officer designated in
3222     accordance with Section 11-50-202.
3223          (3) "Chief financial officer" means the chief financial officer designated in accordance
3224     with Section 11-50-202.
3225          (4) "Governing body" means:
3226          (a) for a county, city, or town, the legislative body of the county, city, or town;
3227          (b) for a [local] special district, the board of trustees of the [local] special district;
3228          (c) for a school district, the local board of education; or
3229          (d) for a special service district under Title 17D, Chapter 1, Special Service District
3230     Act:
3231          (i) the governing body of the county or municipality that created the special service
3232     district, if no administrative control board has been established under Section 17D-1-301; or
3233          (ii) the administrative control board, if one has been established under Section
3234     17D-1-301.
3235          (5) (a) "Political subdivision" means any county, city, town, school district, community
3236     reinvestment agency, special improvement or taxing district, [local] special district, special
3237     service district, an entity created by an interlocal agreement adopted under Title 11, Chapter 13,
3238     Interlocal Cooperation Act, or other governmental subdivision or public corporation.
3239          (b) Notwithstanding Subsection (5)(a), "political subdivision" does not mean a project
3240     entity, as defined in Section 11-13-103.
3241          Section 44. Section 11-52-102 is amended to read:
3242          11-52-102. Definitions.
3243          As used in this chapter:
3244          (1) "Federal receipts" means the federal financial assistance, as defined in 31 U.S.C.
3245     Sec. 7501, that is reported as part of a single audit.
3246          (2) "Political subdivision" means:
3247          (a) a county, as defined in Section 17-50-101;
3248          (b) a municipality, as defined in Section 10-1-104;
3249          (c) a [local] special district, as defined in Section 17B-1-102;

3250          (d) a special service district, as defined in Section 17D-1-102;
3251          (e) an interlocal entity, as defined in Section 11-13-103;
3252          (f) a community reinvestment agency created under Title 17C, Limited Purpose Local
3253     Government Entities - Community Reinvestment Agency Act;
3254          (g) a local building authority, as defined in Section 17D-2-102; or
3255          (h) a conservation district, as defined in Section 17D-3-102.
3256          (3) "Single audit" has the same meaning as defined in 31 U.S.C. Sec. 7501.
3257          Section 45. Section 11-54-102 is amended to read:
3258          11-54-102. Definitions.
3259          As used in this chapter:
3260          (1) "Buyback purchaser" means a person who buys a procurement item from the local
3261     government entity to which the person previously sold the procurement item.
3262          (2) "Excess repurchase amount" means the difference between:
3263          (a) the amount a buyback purchaser pays to a local government entity to purchase a
3264     procurement item that the buyback purchaser previously sold to the local government entity;
3265     and
3266          (b) the amount the local government entity paid to the buyback purchaser to purchase
3267     the procurement item.
3268          (3) "Local government entity" means a county, city, town, metro township, [local]
3269     special district, special service district, community reinvestment agency, conservation district,
3270     or school district that is not subject to Title 63G, Chapter 6a, Utah Procurement Code.
3271          (4) "Procurement item" means the same as that term is defined in Section 63G-6a-103.
3272          Section 46. Section 11-55-102 is amended to read:
3273          11-55-102. Definitions.
3274          As used in this chapter:
3275          (1) "Board" means the same as that term is defined in Section 63A-3-106.
3276          (2) "Board member" means the same as that term is defined in Section 63A-3-106.
3277          (3) "Municipality" means the same as that term is defined in Section 10-1-104.
3278          (4) "Political subdivision" means a county, municipality, school district, limited
3279     purpose local government entity described in [Title 17B, Limited Purpose Local Government
3280     Entities - Local Districts] Title 17B, Limited Purpose Local Government Entities - Special

3281     Districts, Title 17C, Limited Purpose Local Government Entities - Community Reinvestment
3282     Agency Act, or Title 17D, Limited Purpose Local Government Entities - Other Entities, or an
3283     entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal
3284     Cooperation Act, or any other governmental subdivision or public corporation.
3285          Section 47. Section 11-57-102 is amended to read:
3286          11-57-102. Definitions.
3287          As used in this chapter:
3288          (1) "Employee" means a person who is not an elected or appointed officer and who is
3289     employed on a full- or part-time basis by a political subdivision.
3290          (2) "Officer" means a person who is elected or appointed to an office or position within
3291     a political subdivision.
3292          (3) (a) "Personal use expenditure" means an expenditure made without the authority of
3293     law that:
3294          (i) is not directly related to the performance of an activity as an officer or employee of
3295     a political subdivision;
3296          (ii) primarily furthers a personal interest of an officer or employee of a political
3297     subdivision or the family, a friend, or an associate of an officer or employee of a political
3298     subdivision; and
3299          (iii) would constitute taxable income under federal law.
3300          (b) "Personal use expenditure" does not include:
3301          (i) a de minimis or incidental expenditure;
3302          (ii) a monthly vehicle allowance; or
3303          (iii) a government vehicle that an officer or employee uses to travel to and from the
3304     officer or employee's official duties, including an allowance for personal use as provided by a
3305     written policy of the political subdivision.
3306          (4) "Political subdivision" means any county, city, town, school district, community
3307     reinvestment agency, special improvement or taxing district, [local] special district, special
3308     service district, entity created by an interlocal agreement adopted under Title 11, Chapter 13,
3309     Interlocal Cooperation Act, or other governmental subdivision or public corporation.
3310          (5) "Public funds" means the same as that term is defined in Section 51-7-3.
3311          Section 48. Section 11-58-102 is amended to read:

3312          11-58-102. Definitions.
3313          As used in this chapter:
3314          (1) "Authority" means the Utah Inland Port Authority, created in Section 11-58-201.
3315          (2) "Authority jurisdictional land" means land within the authority boundary
3316     delineated:
3317          (a) in the electronic shapefile that is the electronic component of H.B. 2001, Utah
3318     Inland Port Authority Amendments, 2018 Second Special Session; and
3319          (b) beginning April 1, 2020, as provided in Subsection 11-58-202(3).
3320          (3) "Base taxable value" means:
3321          (a) (i) except as provided in Subsection (3)(a)(ii), for a project area that consists of the
3322     authority jurisdictional land, the taxable value of authority jurisdictional land in calendar year
3323     2018; and
3324          (ii) for an area described in Subsection 11-58-601(5), the taxable value of that area in
3325     calendar year 2017; or
3326          (b) for a project area that consists of land outside the authority jurisdictional land, the
3327     taxable value of property within any portion of a project area, as designated by board
3328     resolution, from which the property tax differential will be collected, as shown upon the
3329     assessment roll last equalized before the year in which the authority adopts a project area plan
3330     for that area.
3331          (4) "Board" means the authority's governing body, created in Section 11-58-301.
3332          (5) "Business plan" means a plan designed to facilitate, encourage, and bring about
3333     development of the authority jurisdictional land to achieve the goals and objectives described
3334     in Subsection 11-58-203(1), including the development and establishment of an inland port.
3335          (6) "Development" means:
3336          (a) the demolition, construction, reconstruction, modification, expansion, or
3337     improvement of a building, utility, infrastructure, landscape, parking lot, park, trail,
3338     recreational amenity, or other facility, including public infrastructure and improvements; and
3339          (b) the planning of, arranging for, or participation in any of the activities listed in
3340     Subsection (6)(a).
3341          (7) "Development project" means a project for the development of land within a
3342     project area.

3343          (8) "Inland port" means one or more sites that:
3344          (a) contain multimodal facilities, intermodal facilities, or other facilities that:
3345          (i) are related but may be separately owned and managed; and
3346          (ii) together are intended to:
3347          (A) allow global trade to be processed and altered by value-added services as goods
3348     move through the supply chain;
3349          (B) provide a regional merging point for transportation modes for the distribution of
3350     goods to and from ports and other locations in other regions;
3351          (C) provide cargo-handling services to allow freight consolidation and distribution,
3352     temporary storage, customs clearance, and connection between transport modes; and
3353          (D) provide international logistics and distribution services, including freight
3354     forwarding, customs brokerage, integrated logistics, and information systems; and
3355          (b) may include a satellite customs clearance terminal, an intermodal facility, a
3356     customs pre-clearance for international trade, or other facilities that facilitate, encourage, and
3357     enhance regional, national, and international trade.
3358          (9) "Inland port use" means a use of land:
3359          (a) for an inland port;
3360          (b) that directly implements or furthers the purposes of an inland port, as stated in
3361     Subsection (8);
3362          (c) that complements or supports the purposes of an inland port, as stated in Subsection
3363     (8); or
3364          (d) that depends upon the presence of the inland port for the viability of the use.
3365          (10) "Intermodal facility" means a facility for transferring containerized cargo between
3366     rail, truck, air, or other transportation modes.
3367          (11) "Multimodal facility" means a hub or other facility for trade combining any
3368     combination of rail, trucking, air cargo, and other transportation services.
3369          (12) "Nonvoting member" means an individual appointed as a member of the board
3370     under Subsection 11-58-302(3) who does not have the power to vote on matters of authority
3371     business.
3372          (13) "Project area" means:
3373          (a) the authority jurisdictional land; or

3374          (b) land outside the authority jurisdictional land, whether consisting of a single
3375     contiguous area or multiple noncontiguous areas, described in a project area plan or draft
3376     project area plan, where the development project set forth in the project area plan or draft
3377     project area plan takes place or is proposed to take place.
3378          (14) "Project area budget" means a multiyear projection of annual or cumulative
3379     revenues and expenses and other fiscal matters pertaining to the project area.
3380          (15) "Project area plan" means a written plan that, after its effective date, guides and
3381     controls the development within a project area.
3382          (16) "Property tax" includes a privilege tax and each levy on an ad valorem basis on
3383     tangible or intangible personal or real property.
3384          (17) "Property tax differential":
3385          (a) means the difference between:
3386          (i) the amount of property tax revenues generated each tax year by all taxing entities
3387     from a project area, using the current assessed value of the property; and
3388          (ii) the amount of property tax revenues that would be generated from that same area
3389     using the base taxable value of the property; and
3390          (b) does not include property tax revenue from:
3391          (i) a county additional property tax or multicounty assessing and collecting levy
3392     imposed in accordance with Section 59-2-1602;
3393          (ii) a judgment levy imposed by a taxing entity under Section 59-2-1328 or 59-2-1330;
3394     or
3395          (iii) a levy imposed by a taxing entity under Section 11-14-310 to pay for a general
3396     obligation bond.
3397          (18) "Public entity" means:
3398          (a) the state, including each department, division, or other agency of the state; or
3399          (b) a county, city, town, metro township, school district, [local] special district, special
3400     service district, interlocal cooperation entity, community reinvestment agency, or other political
3401     subdivision of the state, including the authority.
3402          (19) "Public infrastructure and improvements":
3403          (a) means infrastructure, improvements, facilities, or buildings that:
3404          (i) benefit the public; and

3405          (ii) (A) are owned by a public entity or a utility; or
3406          (B) are publicly maintained or operated by a public entity;
3407          (b) includes:
3408          (i) facilities, lines, or systems that provide:
3409          (A) water, chilled water, or steam; or
3410          (B) sewer, storm drainage, natural gas, electricity, energy storage, renewable energy,
3411     microgrids, or telecommunications service;
3412          (ii) streets, roads, curb, gutter, sidewalk, walkways, solid waste facilities, parking
3413     facilities, rail lines, intermodal facilities, multimodal facilities, and public transportation
3414     facilities;
3415          (iii) an inland port; and
3416          (iv) infrastructure, improvements, facilities, or buildings that:
3417          (A) are privately owned;
3418          (B) benefit the public;
3419          (C) as determined by the board, provide a substantial benefit to the development and
3420     operation of a project area; and
3421          (D) are built according to the applicable county or municipal design and safety
3422     standards for public infrastructure.
3423          (20) "Shapefile" means the digital vector storage format for storing geometric location
3424     and associated attribute information.
3425          (21) "Taxable value" means the value of property as shown on the last equalized
3426     assessment roll.
3427          (22) "Taxing entity":
3428          (a) means a public entity that levies a tax on property within a project area; and
3429          (b) does not include a public infrastructure district that the authority creates under Title
3430     17D, Chapter 4, Public Infrastructure District Act.
3431          (23) "Voting member" means an individual appointed or designated as a member of the
3432     board under Subsection 11-58-302(2).
3433          Section 49. Section 11-58-205 is amended to read:
3434          11-58-205. Applicability of other law -- Cooperation of state and local
3435     governments -- Municipality to consider board input -- Prohibition relating to natural

3436     resources -- Inland port as permitted or conditional use -- Municipal services --
3437     Disclosure by nonauthority governing body member.
3438          (1) Except as otherwise provided in this chapter, the authority does not have and may
3439     not exercise any powers relating to the regulation of land uses on the authority jurisdictional
3440     land.
3441          (2) The authority is subject to and governed by Sections 63E-2-106, 63E-2-107,
3442     63E-2-108, 63E-2-109, 63E-2-110, and 63E-2-111, but is not otherwise subject to or governed
3443     by Title 63E, Independent Entities Code.
3444          (3) A department, division, or other agency of the state and a political subdivision of
3445     the state shall cooperate with the authority to the fullest extent possible to provide whatever
3446     support, information, or other assistance the board requests that is reasonably necessary to help
3447     the authority fulfill its duties and responsibilities under this chapter.
3448          (4) In making decisions affecting the authority jurisdictional land, the legislative body
3449     of a municipality in which the authority jurisdictional land is located shall consider input from
3450     the authority board.
3451          (5) (a) No later than December 31, 2018, the ordinances of a municipality with
3452     authority jurisdictional land within its boundary shall allow an inland port as a permitted or
3453     conditional use, subject to standards that are:
3454          (i) determined by the municipality; and
3455          (ii) consistent with the policies and objectives stated in Subsection 11-58-203(1).
3456          (b) A municipality whose ordinances do not comply with Subsection (5)(a) within the
3457     time prescribed in that subsection shall allow an inland port as a permitted use without regard
3458     to any contrary provision in the municipality's land use ordinances.
3459          (6) The transporting, unloading, loading, transfer, or temporary storage of natural
3460     resources may not be prohibited on the authority jurisdictional land.
3461          (7) (a) A municipality whose boundary includes authority jurisdictional land shall
3462     provide the same municipal services to the area of the municipality that is within the authority
3463     jurisdictional land as the municipality provides to other areas of the municipality with similar
3464     zoning and a similar development level.
3465          (b) The level and quality of municipal services that a municipality provides within
3466     authority jurisdictional land shall be fairly and reasonably consistent with the level and quality

3467     of municipal services that the municipality provides to other areas of the municipality with
3468     similar zoning and a similar development level.
3469          (8) (a) As used in this Subsection (8):
3470          (i) "Direct financial benefit" means the same as that term is defined in Section
3471     11-58-304.
3472          (ii) "Nonauthority governing body member" means a member of the board or other
3473     body that has authority to make decisions for a nonauthority government owner.
3474          (iii) "Nonauthority government owner" mean a state agency or nonauthority local
3475     government entity that owns land that is part of the authority jurisdictional land.
3476          (iv) "Nonauthority local government entity":
3477          (A) means a county, city, town, metro township, [local] special district, special service
3478     district, community reinvestment agency, or other political subdivision of the state; and
3479          (B) excludes the authority.
3480          (v) "State agency" means a department, division, or other agency or instrumentality of
3481     the state, including an independent state agency.
3482          (b) A nonauthority governing body member who owns or has a financial interest in
3483     land that is part of the authority jurisdictional land or who reasonably expects to receive a
3484     direct financial benefit from development of authority jurisdictional land shall submit a written
3485     disclosure to the authority board and the nonauthority government owner.
3486          (c) A written disclosure under Subsection (8)(b) shall describe, as applicable:
3487          (i) the nonauthority governing body member's ownership or financial interest in
3488     property that is part of the authority jurisdictional land; and
3489          (ii) the direct financial benefit the nonauthority governing body member expects to
3490     receive from development of authority jurisdictional land.
3491          (d) A nonauthority governing body member required under Subsection (8)(b) to submit
3492     a written disclosure shall submit the disclosure no later than 30 days after:
3493          (i) the nonauthority governing body member:
3494          (A) acquires an ownership or financial interest in property that is part of the authority
3495     jurisdictional land; or
3496          (B) first knows that the nonauthority governing body member expects to receive a
3497     direct financial benefit from the development of authority jurisdictional land; or

3498          (ii) the effective date of this Subsection (8), if that date is later than the period
3499     described in Subsection (8)(d)(i).
3500          (e) A written disclosure submitted under this Subsection (8) is a public record.
3501          (9) No later than December 31, 2022, a primary municipality, as defined in Section
3502     11-58-601, shall enter into an agreement with the authority under which the primary
3503     municipality agrees to facilitate the efficient processing of land use applications, as defined in
3504     Section 10-9a-103, relating to authority jurisdictional land within the primary municipality,
3505     including providing for at least one full-time employee as a single point of contact for the
3506     processing of those land use applications.
3507          Section 50. Section 11-59-102 is amended to read:
3508          11-59-102. Definitions.
3509          As used in this chapter:
3510          (1) "Authority" means the Point of the Mountain State Land Authority, created in
3511     Section 11-59-201.
3512          (2) "Board" means the authority's board, created in Section 11-59-301.
3513          (3) "Development":
3514          (a) means the construction, reconstruction, modification, expansion, or improvement of
3515     a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or
3516     other facility, including:
3517          (i) the demolition or preservation or repurposing of a building, infrastructure, or other
3518     facility;
3519          (ii) surveying, testing, locating existing utilities and other infrastructure, and other
3520     preliminary site work; and
3521          (iii) any associated planning, design, engineering, and related activities; and
3522          (b) includes all activities associated with:
3523          (i) marketing and business recruiting activities and efforts;
3524          (ii) leasing, or selling or otherwise disposing of, all or any part of the point of the
3525     mountain state land; and
3526          (iii) planning and funding for mass transit infrastructure to service the point of the
3527     mountain state land.
3528          (4) "New correctional facility" means the state correctional facility being developed in

3529     Salt Lake City to replace the state correctional facility in Draper.
3530          (5) "Point of the mountain state land" means the approximately 700 acres of
3531     state-owned land in Draper, including land used for the operation of a state correctional facility
3532     until completion of the new correctional facility and state-owned land in the vicinity of the
3533     current state correctional facility.
3534          (6) "Public entity" means:
3535          (a) the state, including each department, division, or other agency of the state; or
3536          (b) a county, city, town, metro township, school district, [local] special district, special
3537     service district, interlocal cooperation entity, community reinvestment agency, or other political
3538     subdivision of the state, including the authority.
3539          (7) "Publicly owned infrastructure and improvements":
3540          (a) means infrastructure, improvements, facilities, or buildings that:
3541          (i) benefit the public; and
3542          (ii) (A) are owned by a public entity or a utility; or
3543          (B) are publicly maintained or operated by a public entity; and
3544          (b) includes:
3545          (i) facilities, lines, or systems that provide:
3546          (A) water, chilled water, or steam; or
3547          (B) sewer, storm drainage, natural gas, electricity, energy storage, renewable energy,
3548     microgrids, or telecommunications service;
3549          (ii) streets, roads, curb, gutter, sidewalk, walkways, solid waste facilities, parking
3550     facilities, and public transportation facilities; and
3551          (iii) greenspace, parks, trails, recreational amenities, or other similar facilities.
3552          (8) "Taxing entity" means the same as that term is defined in Section 59-2-102.
3553          Section 51. Section 11-59-204 is amended to read:
3554          11-59-204. Applicability of other law -- Coordination with municipality.
3555          (1) The authority and the point of the mountain state land are not subject to:
3556          (a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; or
3557          (b) the jurisdiction of a [local] special district under [Title 17B, Limited Purpose Local
3558     Government Entities - Local Districts] Title 17B, Limited Purpose Local Government Entities -
3559     Special Districts, or a special service district under Title 17D, Chapter 1, Special Service

3560     District Act, except to the extent that:
3561          (i) some or all of the point of the mountain state land is, on May 8, 2018, included
3562     within the boundary of a [local] special district or special service district; and
3563          (ii) the authority elects to receive service from the [local] special district or special
3564     service district for the point of the mountain state land that is included within the boundary of
3565     the [local] special district or special service district, respectively.
3566          (2) In formulating and implementing a development plan for the point of the mountain
3567     state land, the authority shall consult with officials of the municipality within which the point
3568     of the mountain state land is located on planning and zoning matters.
3569          (3) The authority is subject to and governed by Sections 63E-2-106, 63E-2-107,
3570     63E-2-108, 63E-2-109, 63E-2-110, and 63E-2-111, but is not otherwise subject to or governed
3571     by Title 63E, Independent Entities Code.
3572          (4) Nothing in this chapter may be construed to remove the point of the mountain state
3573     land from the service area of the municipality in which the point of the mountain state land is
3574     located, for purposes of water, sewer, and other similar municipal services currently being
3575     provided.
3576          (5) The authority is subject to Title 52, Chapter 4, Open and Public Meetings Act,
3577     except that for an electronic meeting of the authority board that otherwise complies with
3578     Section 52-4-207, the authority board:
3579          (a) is not required to establish an anchor location; and
3580          (b) may convene and conduct the meeting without the written determination otherwise
3581     required under Subsection 52-4-207(4).
3582          Section 52. Section 11-60-102 is amended to read:
3583          11-60-102. Definitions.
3584          As used in this chapter:
3585          (1) "Direct charge" means a charge, fee, assessment, or amount, other than a property
3586     tax, that a political subdivision charges to a property owner.
3587          (2) "Nonrecurring tax notice charge" means a tax notice charge that a political
3588     subdivision certifies to the county treasurer on a one-time or case-by-case basis rather than
3589     regularly over multiple calendar years.
3590          (3) "Notice of lien" means a notice that:

3591          (a) a political subdivision records in the office of the recorder of the county in which a
3592     property that is the subject of a nonrecurring tax notice charge is located; and
3593          (b) describes the nature and amount of the nonrecurring tax notice charge and whether
3594     the political subdivision intends to certify the charge to the county treasurer under statutory
3595     authority that allows the treasurer to place the charge on the property tax notice described in
3596     Section 59-2-1317.
3597          (4) "Political subdivision" means:
3598          (a) a county, as that term is defined in Section 17-50-101;
3599          (b) a municipality, as that term is defined in Section 10-1-104;
3600          (c) a [local] special district, as that term is defined in Section 17B-1-102;
3601          (d) a special service district, as that term is defined in Section 17D-1-102;
3602          (e) an interlocal entity, as that term is defined in Section 11-13-103;
3603          (f) a community reinvestment agency created under Title 17C, Limited Purpose Local
3604     Government Entities - Community Reinvestment Agency Act;
3605          (g) a local building authority, as that term is defined in Section 17D-2-102;
3606          (h) a conservation district, as that term is defined in Section 17D-3-102; or
3607          (i) a local entity, as that term is defined in Sections 11-42-102 and 11-42a-102.
3608          (5) "Political subdivision lien" means a lien that a statute expressly authorizes a
3609     political subdivision to hold and record, including a direct charge that constitutes, according to
3610     an express statutory provision, a lien.
3611          (6) "Property tax" means a tax imposed on real property under Title 59, Chapter 2,
3612     Property Tax Act, Title 59, Chapter 3, Tax Equivalent Property Act, or Title 59, Chapter 4,
3613     Privilege Tax.
3614          (7) "Tax notice charge" means the same as that term is defined in Section 59-2-1301.5.
3615          (8) "Tax sale" means the tax sale described in Title 59, Chapter 2, Part 13, Collection
3616     of Taxes.
3617          Section 53. Section 11-61-102 is amended to read:
3618          11-61-102. Definitions.
3619          As used in this chapter:
3620          (1) "Expressive activity" means:
3621          (a) peacefully assembling, protesting, or speaking;

3622          (b) distributing literature;
3623          (c) carrying a sign; or
3624          (d) signature gathering or circulating a petition.
3625          (2) "Generally applicable time, place, and manner restriction" means a content-neutral
3626     ordinance, policy, practice, or other action that:
3627          (a) by its clear language and intent, restricts or infringes on expressive activity;
3628          (b) applies generally to any person; and
3629          (c) is not an individually applicable time, place, and manner restriction.
3630          (3) (a) "Individually applicable time, place, and manner restriction" means a
3631     content-neutral policy, practice, or other action:
3632          (i) that restricts or infringes on expressive activity; and
3633          (ii) that a political subdivision applies:
3634          (A) on a case-by-case basis;
3635          (B) to a specifically identified person or group of persons; and
3636          (C) regarding a specifically identified place and time.
3637          (b) "Individually applicable time, place, and manner restriction" includes a restriction
3638     placed on expressive activity as a condition to obtain a permit.
3639          (4) (a) "Political subdivision" means a county, city, town, or metro township.
3640          (b) "Political subdivision" does not mean:
3641          (i) a [local] special district under [Title 17B, Limited Purpose Local Government
3642     Entities - Local Districts] Title 17B, Limited Purpose Local Government Entities - Special
3643     Districts;
3644          (ii) a special service district under Title 17D, Chapter 1, Special Service District Act;
3645     or
3646          (iii) a school district under Title 53G, Chapter 3, School District Creation and Change.
3647          (5) (a) "Public building" means a building or permanent structure that is:
3648          (i) owned, leased, or occupied by a political subdivision or a subunit of a political
3649     subdivision;
3650          (ii) open to public access in whole or in part; and
3651          (iii) used for public education or political subdivision activities.
3652          (b) "Public building" does not mean:

3653          (i) a building owned or leased by a political subdivision or a subunit of a political
3654     subdivision:
3655          (A) that is closed to public access;
3656          (B) where state or federal law restricts expressive activity; or
3657          (C) when the building is used by a person, in whole or in part, for a private function; or
3658          (ii) a public school.
3659          (6) (a) "Public grounds" means the area outside a public building that is a traditional
3660     public forum where members of the public may safely gather to engage in expressive activity.
3661          (b) "Public grounds" includes sidewalks, streets, and parks.
3662          (c) "Public grounds" does not include the interior of a public building.
3663          Section 54. Section 11-65-101 is amended to read:
3664          11-65-101. Definitions.
3665          As used in this chapter:
3666          (1) "Adjacent political subdivision" means a political subdivision of the state with a
3667     boundary that abuts the lake authority boundary or includes lake authority land.
3668          (2) "Board" means the lake authority's governing body, created in Section 11-65-301.
3669          (3) "Lake authority" means the Utah Lake Authority, created in Section 11-65-201.
3670          (4) "Lake authority boundary" means the boundary:
3671          (a) defined by recorded boundary settlement agreements between private landowners
3672     and the Division of Forestry, Fire, and State Lands; and
3673          (b) that separates privately owned land from Utah Lake sovereign land.
3674          (5) "Lake authority land" means land on the lake side of the lake authority boundary.
3675          (6) "Management" means work to coordinate and facilitate the improvement of Utah
3676     Lake, including work to enhance the long-term viability and health of Utah Lake and to
3677     produce economic, aesthetic, recreational, environmental, and other benefits for the state,
3678     consistent with the strategies, policies, and objectives described in this chapter.
3679          (7) "Management plan" means a plan to conceptualize, design, facilitate, coordinate,
3680     encourage, and bring about the management of the lake authority land to achieve the policies
3681     and objectives described in Section 11-65-203.
3682          (8) "Nonvoting member" means an individual appointed as a member of the board
3683     under Subsection 11-65-302(6) who does not have the power to vote on matters of lake

3684     authority business.
3685          (9) "Project area" means an area that is identified in a project area plan as the area
3686     where the management described in the project area plan will occur.
3687          (10) "Project area budget" means a multiyear projection of annual or cumulative
3688     revenues and expenses and other fiscal matters pertaining to a project area.
3689          (11) "Project area plan" means a written plan that, after the plan's effective date,
3690     manages activity within a project area within the scope of a management plan.
3691          (12) "Public entity" means:
3692          (a) the state, including each department, division, or other agency of the state; or
3693          (b) a county, city, town, metro township, school district, [local] special district, special
3694     service district, interlocal cooperation entity, community reinvestment agency, or other political
3695     subdivision of the state.
3696          (13) "Publicly owned infrastructure and improvements":
3697          (a) means infrastructure, improvements, facilities, or buildings that:
3698          (i) benefit the public; and
3699          (ii) (A) are owned by a public entity or a utility; or
3700          (B) are publicly maintained or operated by a public entity;
3701          (b) includes:
3702          (i) facilities, lines, or systems that provide:
3703          (A) water, chilled water, or steam; or
3704          (B) sewer, storm drainage, natural gas, electricity, energy storage, renewable energy,
3705     microgrids, or telecommunications service; and
3706          (ii) streets, roads, curbs, gutters, sidewalks, walkways, solid waste facilities, parking
3707     facilities, and public transportation facilities.
3708          (14) "Sovereign land" means land:
3709          (a) lying below the ordinary high water mark of a navigable body of water at the date
3710     of statehood; and
3711          (b) owned by the state by virtue of the state's sovereignty.
3712          (15) "Utah Lake" includes all waters of Utah Lake and all land, whether or not
3713     submerged under water, within the lake authority boundary.
3714          (16) "Voting member" means an individual appointed as a member of the board under

3715     Subsection 11-65-302(2).
3716          Section 55. Section 13-8-5 is amended to read:
3717          13-8-5. Definitions -- Limitation on retention proceeds withheld -- Deposit in
3718     interest-bearing escrow account -- Release of proceeds -- Payment to subcontractors --
3719     Penalty -- No waiver.
3720          (1) As used in this section:
3721          (a) (i) "Construction contract" means a written agreement between the parties relative
3722     to the design, construction, alteration, repair, or maintenance of a building, structure, highway,
3723     appurtenance, appliance, or other improvements to real property, including moving,
3724     demolition, and excavating for nonresidential commercial or industrial construction projects.
3725          (ii) If the construction contract is for construction of a project that is part residential
3726     and part nonresidential, this section applies only to that portion of the construction project that
3727     is nonresidential as determined pro rata based on the percentage of the total square footage of
3728     the project that is nonresidential.
3729          (b) "Construction lender" means any person, including a bank, trust company, savings
3730     bank, industrial bank, land bank, safe deposit company, private banker, savings and loan
3731     association, credit union, cooperative bank, small loan company, sales finance company,
3732     investment company, or any other financial institution that advances money to a borrower for
3733     the purpose of making alterations or improvements to real property. A construction lender
3734     does not include a person or entity who is acting in the capacity of contractor, original
3735     contractor, or subcontractor.
3736          (c) "Construction project" means an improvement to real property that is the subject of
3737     a construction contract.
3738          (d) "Contractor" means a person who, for compensation other than wages as an
3739     employee, undertakes any work in a construction trade, as defined in Section 58-55-102 and
3740     includes:
3741          (i) any person engaged as a maintenance person who regularly engages in activities set
3742     forth in Section 58-55-102 as a construction trade; or
3743          (ii) a construction manager who performs management and counseling services on a
3744     construction project for a fee.
3745          (e) "Original contractor" means the same as that term is defined in Section 38-1a-102.

3746          (f) "Owner" means the person who holds any legal or equitable title or interest in
3747     property. Owner does not include a construction lender unless the construction lender has an
3748     ownership interest in the property other than solely as a construction lender.
3749          (g) "Public agency" means any state agency or a county, city, town, school district,
3750     [local] special district, special service district, or other political subdivision of the state that
3751     enters into a construction contract for an improvement of public property.
3752          (h) "Retention payment" means release of retention proceeds as defined in Subsection
3753     (1)(i).
3754          (i) "Retention proceeds" means money earned by a contractor or subcontractor but
3755     retained by the owner or public agency pursuant to the terms of a construction contract to
3756     guarantee payment or performance by the contractor or subcontractor of the construction
3757     contract.
3758          (j) "Subcontractor" means the same as that term is defined in Section 38-1a-102.
3759          (2) (a) This section is applicable to all construction contracts relating to construction
3760     work or improvements entered into on or after July 1, 1999, between:
3761          (i) an owner or public agency and an original contractor;
3762          (ii) an original contractor and a subcontractor; and
3763          (iii) subcontractors under a contract described in Subsection (2)(a)(i) or (ii).
3764          (b) This section does not apply to a construction lender.
3765          (3) (a) Notwithstanding Section 58-55-603, the retention proceeds withheld and
3766     retained from any payment due under the terms of the construction contract may not exceed 5%
3767     of the payment:
3768          (i) by the owner or public agency to the original contractor;
3769          (ii) by the original contractor to any subcontractor; or
3770          (iii) by a subcontractor.
3771          (b) The total retention proceeds withheld may not exceed 5% of the total construction
3772     price.
3773          (c) The percentage of the retention proceeds withheld and retained pursuant to a
3774     construction contract between the original contractor and a subcontractor or between
3775     subcontractors shall be the same retention percentage as between the owner and the original
3776     contractor if:

3777          (i) the retention percentage in the original construction contract between an owner and
3778     the original contractor is less than 5%; or
3779          (ii) after the original construction contract is executed but before completion of the
3780     construction contract the retention percentage is reduced to less than 5%.
3781          (4) (a) If any payment on a contract with a private contractor, firm, or corporation to do
3782     work for an owner or public agency is retained or withheld by the owner or the public agency,
3783     as retention proceeds, it shall be placed in an interest-bearing account and accounted for
3784     separately from other amounts paid under the contract.
3785          (b) The interest accrued under Subsection (4)(a) shall be:
3786          (i) for the benefit of the contractor and subcontractors; and
3787          (ii) paid after the project is completed and accepted by the owner or the public agency.
3788          (c) The contractor shall ensure that any interest accrued on the retainage is distributed
3789     by the contractor to subcontractors on a pro rata basis.
3790          (d) Retention proceeds and accrued interest retained by an owner or public agency:
3791          (i) are considered to be in a constructive trust for the benefit of the contractor and
3792     subcontractors who have earned the proceeds; and
3793          (ii) are not subject to assignment, encumbrance, attachment, garnishment, or execution
3794     levy for the debt of any person holding the retention proceeds and accrued interest.
3795          (5) Any retention proceeds retained or withheld pursuant to this section and any
3796     accrued interest shall be released pursuant to a billing statement from the contractor within 45
3797     days from the later of:
3798          (a) the date the owner or public agency receives the billing statement from the
3799     contractor;
3800          (b) the date that a certificate of occupancy or final acceptance notice is issued to:
3801          (i) the original contractor who obtained the building permit from the building inspector
3802     or public agency;
3803          (ii) the owner or architect; or
3804          (iii) the public agency;
3805          (c) the date that a public agency or building inspector that has the authority to issue a
3806     certificate of occupancy does not issue the certificate but permits partial or complete occupancy
3807     or use of a construction project; or

3808          (d) the date the contractor accepts the final pay quantities.
3809          (6) If only partial occupancy of a construction project is permitted, any retention
3810     proceeds withheld and retained pursuant to this section and any accrued interest shall be
3811     partially released within 45 days under the same conditions as provided in Subsection (5) in
3812     direct proportion to the value of the part of the construction project occupied or used.
3813          (7) The billing statement from the contractor as provided in Subsection (5)(a) shall
3814     include documentation of lien releases or waivers.
3815          (8) (a) Notwithstanding Subsection (3):
3816          (i) if a contractor or subcontractor is in default or breach of the terms and conditions of
3817     the construction contract documents, plans, or specifications governing construction of the
3818     project, the owner or public agency may withhold from payment for as long as reasonably
3819     necessary an amount necessary to cure the breach or default of the contractor or subcontractor;
3820     or
3821          (ii) if a project or a portion of the project has been substantially completed, the owner
3822     or public agency may retain until completion up to twice the fair market value of the work of
3823     the original contractor or of any subcontractor that has not been completed:
3824          (A) in accordance with the construction contract documents, plans, and specifications;
3825     or
3826          (B) in the absence of plans and specifications, to generally accepted craft standards.
3827          (b) An owner or public agency that refuses payment under Subsection (8)(a) shall
3828     describe in writing within 45 days of withholding such amounts what portion of the work was
3829     not completed according to the standards specified in Subsection (8)(a).
3830          (9) (a) Except as provided in Subsection (9)(b), an original contractor or subcontractor
3831     who receives retention proceeds shall pay each of its subcontractors from whom retention has
3832     been withheld each subcontractor's share of the retention received within 10 days from the day
3833     that all or any portion of the retention proceeds is received:
3834          (i) by the original contractor from the owner or public agency; or
3835          (ii) by the subcontractor from:
3836          (A) the original contractor; or
3837          (B) a subcontractor.
3838          (b) Notwithstanding Subsection (9)(a), if a retention payment received by the original

3839     contractor is specifically designated for a particular subcontractor, payment of the retention
3840     shall be made to the designated subcontractor.
3841          (10) (a) In any action for the collection of the retained proceeds withheld and retained
3842     in violation of this section, the successful party is entitled to:
3843          (i) attorney fees; and
3844          (ii) other allowable costs.
3845          (b) (i) Any owner, public agency, original contractor, or subcontractor who knowingly
3846     and wrongfully withholds a retention shall be subject to a charge of 2% per month on the
3847     improperly withheld amount, in addition to any interest otherwise due.
3848          (ii) The charge described in Subsection (10)(b)(i) shall be paid to the contractor or
3849     subcontractor from whom the retention proceeds have been wrongfully withheld.
3850          (11) A party to a construction contract may not require any other party to waive any
3851     provision of this section.
3852          Section 56. Section 14-1-18 is amended to read:
3853          14-1-18. Definitions -- Application of Procurement Code to payment and
3854     performance bonds.
3855          (1) (a) For purposes of this chapter, "political subdivision" means any county, city,
3856     town, school district, [local] special district, special service district, community reinvestment
3857     agency, public corporation, institution of higher education of the state, public agency of any
3858     political subdivision, and, to the extent provided by law, any other entity which expends public
3859     funds for construction.
3860          (b) For purposes of applying Section 63G-6a-1103 to a political subdivision, "state"
3861     includes "political subdivision."
3862          (2) Notwithstanding any provision of Title 63G, Chapter 6a, Utah Procurement Code,
3863     to the contrary, Section 63G-6a-1103 applies to all contracts for the construction, alteration, or
3864     repair of any public building or public work of the state or a political subdivision of the state.
3865          Section 57. Section 15-7-2 is amended to read:
3866          15-7-2. Definitions.
3867          As used in this chapter:
3868          (1) "Authorized officer" means any individual required or permitted by any law or by
3869     the issuing public entity to execute on behalf of the public entity, a certificated registered

3870     public obligation or a writing relating to an uncertificated registered public obligation.
3871          (2) "Certificated registered public obligation" means a registered public obligation
3872     which is represented by an instrument.
3873          (3) "Code" means the Internal Revenue Code of 1954.
3874          (4) "Facsimile seal" means the reproduction by engraving, imprinting, stamping, or
3875     other means of the seal of the issuer, official, or official body.
3876          (5) "Facsimile signature" means the reproduction by engraving, imprinting, stamping,
3877     or other means of a manual signature.
3878          (6) "Financial intermediary" means a bank, broker, clearing corporation or other
3879     person, or the nominee of any of them, which in the ordinary course of its business maintains
3880     registered public obligation accounts for its customers.
3881          (7) "Issuer" means a public entity which issues an obligation.
3882          (8) "Obligation" means an agreement by a public entity to pay principal and any
3883     interest on the obligation, whether in the form of a contract to repay borrowed money, a lease,
3884     an installment purchase agreement, or otherwise, and includes a share, participation, or other
3885     interest in any such agreement.
3886          (9) "Official" or "official body" means the person or group of persons that is
3887     empowered to provide for the original issuance of an obligation of the issuer, by defining the
3888     obligation and its terms, conditions, and other incidents, or to perform duties with respect to a
3889     registered public obligation and any successor of such person or group of persons.
3890          (10) "Official actions" means the actions by statute, order, ordinance, resolution,
3891     contract, or other authorized means by which the issuer provides for issuance of a registered
3892     public obligation.
3893          (11) "Public entity" means any entity, department, or agency which is empowered
3894     under the laws of one or more states, territories, possessions of the United States or the District
3895     of Columbia, including this state, to issue obligations any interest with respect to which may,
3896     under any provision of law, be provided an exemption from the income tax referred to in the
3897     Code. The term "public entity" includes, without limitation, this state, an entity deriving
3898     powers from and acting pursuant to a state constitution or legislative act, a county, city, town, a
3899     municipal corporation, a quasi-municipal corporation, a state university or college, a school
3900     district, a special service district, a [local] special district, a separate legal or administrative

3901     entity created under the Interlocal Cooperation Act or other joint agreement entity, a
3902     community reinvestment agency, any other political subdivision, a public authority or public
3903     agency, a public trust, a nonprofit corporation, or other organizations.
3904          (12) "Registered public obligation" means an obligation issued by a public entity which
3905     is issued pursuant to a system of registration.
3906          (13) "System of registration" and its variants means a plan that provides:
3907          (a) with respect to a certificated registered public obligation, that:
3908          (i) the certificated registered public obligation specifies a person entitled to the
3909     registered public obligation and the rights it represents; and
3910          (ii) transfer of the certificated registered public obligation and the rights it represents
3911     may be registered upon books maintained for that purpose by or on behalf of the issuer; and
3912          (b) with respect to an uncertificated registered public obligation, that:
3913          (i) books maintained by or on behalf of the issuer for the purpose of registration of the
3914     transfer of a registered public obligation specify a person entitled to the registered public
3915     obligation and the rights evidenced by it; and
3916          (ii) transfer of the uncertificated registered public obligation and the rights evidenced
3917     by it be registered upon such books.
3918          (14) "Uncertificated registered public obligation" means a registered public obligation
3919     which is not represented by an instrument.
3920          Section 58. Section 19-3-301 is amended to read:
3921          19-3-301. Restrictions on nuclear waste placement in state.
3922          (1) The placement, including transfer, storage, decay in storage, treatment, or disposal,
3923     within the exterior boundaries of Utah of high-level nuclear waste or greater than class C
3924     radioactive waste is prohibited.
3925          (2) Notwithstanding Subsection (1) the governor, after consultation with the county
3926     executive and county legislative body of the affected county and with concurrence of the
3927     Legislature, may specifically approve the placement as provided in this part, but only if:
3928          (a) (i) the federal Nuclear Regulatory Commission issues a license, pursuant to the
3929     Nuclear Waste Policy Act, 42 U.S.C.A. 10101 et seq., or the Atomic Energy Act, 42 U.S.C.A.
3930     2011 et seq., for the placement within the exterior boundaries of Utah of high-level nuclear
3931     waste or greater than class C radioactive waste; and

3932          (ii) the authority of the federal Nuclear Regulatory Commission to grant a license
3933     under Subsection (2)(a)(i) is clearly upheld by a final judgment of a court of competent
3934     jurisdiction; or
3935          (b) an agency of the federal government is transporting the waste, and all state and
3936     federal requirements to proceed with the transportation have been met.
3937          (3) The requirement for the approval of a final court of competent jurisdiction shall be
3938     met in all of the following categories, in order for a state license proceeding regarding waste to
3939     begin:
3940          (a) transfer or transportation, by rail, truck, or other mechanisms;
3941          (b) storage, including any temporary storage at a site away from the generating reactor;
3942          (c) decay in storage;
3943          (d) treatment; and
3944          (e) disposal.
3945          (4) (a) Upon satisfaction of the requirements of Subsection (2)(a), for each category
3946     listed in Subsection (3), or satisfaction of the requirements under Subsection (2)(b), the
3947     governor, with the concurrence of the attorney general, shall certify in writing to the executive
3948     director of the Department of Environmental Quality that all of the requirements have been
3949     met, and that any necessary state licensing processes may begin.
3950          (b) Separate certification under this Subsection (4) shall be given for each category in
3951     Subsection (3).
3952          (5) (a) The department shall make, by rule, a determination of the dollar amount of the
3953     health and economic costs expected to result from a reasonably foreseeable accidental release
3954     of waste involving a transfer facility or storage facility, or during transportation of waste,
3955     within the exterior boundaries of the state. The department may initiate rulemaking under this
3956     Subsection (5)(a) on or after March 15, 2001.
3957          (b) (i) The department shall also determine the dollar amount currently available to
3958     cover the costs as determined in Subsection (5)(a):
3959          (A) under nuclear industry self-insurance;
3960          (B) under federal insurance requirements; and
3961          (C) in federal money.
3962          (ii) The department may not include any calculations of federal money that may be

3963     appropriated in the future in determining the amount under Subsection (5)(b)(i).
3964          (c) The department shall use the information compiled under Subsections (5)(a) and (b)
3965     to determine the amount of unfunded potential liability in the event of a release of waste from a
3966     storage or transfer facility, or a release during the transportation of waste.
3967          (6) (a) State agencies may not, for the purpose of providing any goods, services, or
3968     municipal-type services to a storage facility or transfer facility, or to any organization engaged
3969     in the transportation of waste, enter into any contracts or any other agreements prior to:
3970          (i) the satisfaction of the conditions in Subsection (4); and
3971          (ii) the executive director of the department having certified that the requirements of
3972     Sections 19-3-304 through 19-3-308 have been met for the purposes of a license application
3973     proceeding for a storage facility or transfer facility.
3974          (b) Political subdivisions of the state may not enter into any contracts or any other
3975     agreements for the purpose of providing any goods, services, or municipal-type services to a
3976     storage facility or transfer facility, or to any organization engaged in the transportation of
3977     waste.
3978          (c) This Subsection (6) does not prohibit a state agency from exercising the regulatory
3979     authority granted to it by law.
3980          (7) (a) Notwithstanding any other provision of law, any political subdivision may not
3981     be formed pursuant to the laws of Utah for the purpose of providing any goods, services, or
3982     municipal-type services to a storage facility or transfer facility prior to the satisfaction of the
3983     conditions in Subsection (4). These political subdivisions include:
3984          (i) a cooperative;
3985          (ii) a [local] special district authorized by [Title 17B, Limited Purpose Local
3986     Government Entities - Local Districts] Title 17B, Limited Purpose Local Government Entities -
3987     Special Districts;
3988          (iii) a special service district under Title 17D, Chapter 1, Special Service District Act;
3989          (iv) a limited purpose local governmental entity authorized by Title 17, Counties;
3990          (v) any joint power agreement authorized by Title 11, Cities, Counties, and Local
3991     Taxing Units; and
3992          (vi) the formation of a municipality, or any authority of a municipality authorized by
3993     Title 10, Utah Municipal Code.

3994          (b) (i) Subsection (7)(a) shall be strictly interpreted. Any political subdivision
3995     authorized and formed under the laws of the state on or after March 15, 2001, which
3996     subsequently contracts to, or in any manner agrees to provide, or does provide goods, services,
3997     or municipal-type services to a storage facility or transfer facility is formed in violation of
3998     Subsection (7)(a).
3999          (ii) If the conditions of Subsection (7)(b)(i) apply, the persons who formed the political
4000     subdivision are considered to have knowingly violated a provision of this part, and the
4001     penalties of Section 19-3-312 apply.
4002          (8) (a) An organization may not be formed for the purpose of providing any goods,
4003     services, or municipal-type services to a storage facility or transfer facility prior to:
4004          (i) the satisfaction of the conditions in Subsection (4); and
4005          (ii) the executive director of the department having certified that the requirements of
4006     Sections 19-3-304 through 19-3-308 have been met.
4007          (b) A foreign organization may not be registered to do business in the state for the
4008     purpose of providing any goods, services, or municipal-type services to a storage facility or
4009     transfer facility prior to:
4010          (i) the satisfaction of the conditions in Subsection (4); and
4011          (ii) the executive director of the department having certified that the requirements of
4012     Sections 19-3-304 through 19-3-308 have been met.
4013          (c) The prohibitions of Subsections (8)(a) and (b) shall be strictly applied, and:
4014          (i) the formation of a new organization or registration of a foreign organization within
4015     the state, any of whose purposes are to provide goods, services, or municipal-type services to a
4016     storage facility or transfer facility may not be licensed or registered in the state, and the local or
4017     foreign organization is void and does not have authority to operate within the state;
4018          (ii) any organization which is formed or registered on or after March 15, 2001, and
4019     which subsequently contracts to, or in any manner agrees to provide, or does provide goods,
4020     services, or municipal-type services to a storage facility or transfer facility has been formed or
4021     registered in violation of Subsection (8)(a) or (b) respectively; and
4022          (iii) if the conditions of Subsection (8)(c)(ii) apply, the persons who formed the
4023     organization or the principals of the foreign organization, are considered to have knowingly
4024     violated a provision of this part, and are subject to the penalties in Section 19-3-312.

4025          (9) (a) (i) Any contract or agreement to provide any goods, services, or municipal-type
4026     services to any organization engaging in, or attempting to engage in the placement of high-level
4027     nuclear waste or greater than class C radioactive waste at a storage facility or transfer facility
4028     within the state are declared to be against the greater public interest, health, and welfare of the
4029     state, by promoting an activity which has the great potential to cause extreme public harm.
4030          (ii) These contracts or agreements under Subsection (9)(a)(i), whether formal or
4031     informal, are declared to be void from inception, agreement, or execution as against public
4032     policy.
4033          (b) (i) Any contract or other agreement to provide goods, services, or municipal-type
4034     services to storage or transfer facilities may not be executed within the state.
4035          (ii) Any contract or other agreement, existing or executed on or after March 15, 2001,
4036     is considered void from the time of agreement or execution.
4037          (10) (a) All contracts and agreements under Subsection (10)(b) are assessed an annual
4038     transaction fee of 75% of the gross value of the contract to the party providing the goods,
4039     services, or municipal-type services to the storage facility or transfer facility or transportation
4040     entity. The fee shall be assessed per calendar year, and is payable on a prorated basis on or
4041     before the last day of each month in accordance with rules established under Subsection
4042     (10)(d), and as follows:
4043          (i) 25% of the gross value of the contract to the department; and
4044          (ii) 50% of the gross value of the contract to the Department of Cultural and
4045     Community Engagement, to be used by the Utah Division of Indian Affairs as provided in
4046     Subsection (11).
4047          (b) Contracts and agreements subject to the fee under Subsection (10)(a) are those
4048     contracts and agreements to provide goods, services, or municipal-type services to a storage or
4049     transfer facility, or to any organization engaged in the transportation of high-level nuclear
4050     waste or greater than class C radioactive waste to a transfer facility or storage facility, and
4051     which:
4052          (i) are in existence on March 15, 2001; or
4053          (ii) become effective notwithstanding Subsection (9)(a).
4054          (c) Any governmental agency which regulates the charges to consumers for services
4055     provided by utilities or other organizations shall require the regulated utility or organization to

4056     include the fees under Subsection (10)(a) in the rates charged to the purchaser of the goods,
4057     services, or municipal-type services affected by Subsection (10)(b).
4058          (d) (i) The department, in consultation with the State Tax Commission, shall establish
4059     rules for the valuation of the contracts and assessment and collection of the fees, and other
4060     rules as necessary to determine the amount of and collection of the fee under Subsection
4061     (10)(a). The department may initiate rulemaking under this Subsection (10)(d)(i) on or after
4062     March 15, 2001.
4063          (ii) Persons and organizations holding contracts affected by Subsection (10)(b) shall
4064     make a good faith estimate of the fee under Subsection (10)(a) for calendar year 2001, and
4065     remit that amount to the department on or before July 31, 2001.
4066          (11) (a) The portion of the fees imposed under Subsection (10) which is to be paid to
4067     the Department of Cultural and Community Engagement for use by the Utah Division of Indian
4068     Affairs shall be used for establishment of a statewide community and economic development
4069     program for the tribes of Native American people within the exterior boundaries of the state
4070     who have by tribal procedure established a position rejecting siting of any nuclear waste facility
4071     on their reservation lands.
4072          (b) The program under Subsection (11)(a) shall include:
4073          (i) educational services and facilities;
4074          (ii) health care services and facilities;
4075          (iii) programs of economic development;
4076          (iv) utilities;
4077          (v) sewer;
4078          (vi) street lighting;
4079          (vii) roads and other infrastructure; and
4080          (viii) oversight and staff support for the program.
4081          (12) It is the intent of the Legislature that this part does not prohibit or interfere with a
4082     person's exercise of the rights under the First Amendment to the Constitution of the United
4083     States or under Utah Constitution Article I, Sec. 15, by an organization attempting to site a
4084     storage facility or transfer facility within the borders of the state for the placement of high-level
4085     nuclear waste or greater than class C radioactive waste.
4086          Section 59. Section 19-4-111 is amended to read:

4087          19-4-111. Fluoride added to or removed from water -- Election or shareholder
4088     vote required.
4089          (1) As used in this section:
4090          (a) "Corporate public water system" means a public water system that is owned by a
4091     corporation engaged in distributing water only to its shareholders.
4092          (b) "Corporation" is as defined in Section 16-4-102.
4093          (c) "Fluoride" means a chemical compound that contains the fluoride ion and is used to
4094     fluoridate drinking water, including:
4095          (i) fluorosilicic acid;
4096          (ii) sodium fluorosilicate; or
4097          (iii) sodium fluoride.
4098          (d) "Fluoride supplier" means a person who:
4099          (i) manufactures, distributes, or packages or repackages fluoride;
4100          (ii) is NSF/ANSI Standard 60 certified;
4101          (iii) has evidence of the person's NSF/ANSI Standard 60 certification displayed on the
4102     website of a certification body accredited by the International Accreditation Forum, including:
4103          (A) NSF;
4104          (B) the Underwriter Laboratory; or
4105          (C) the Water Quality Association; and
4106          (iv) provides fluoride in compliance with applicable NSF/ANSI Standard 60
4107     certification requirements.
4108          (e) "Removal" means ceasing to add fluoride to a public water supply, the addition
4109     having been previously approved by the voters of a political subdivision.
4110          (2) (a) Except as provided in Subsection (7) or Subsection 19-4-104(1)(a)(i), public
4111     water supplies, whether state, county, municipal, or district, may not have fluoride added to or
4112     removed from the water supply without the approval of a majority of voters in an election in
4113     the area affected.
4114          (b) An election shall be held:
4115          (i) upon the filing of an initiative petition requesting the action in accordance with state
4116     law governing initiative petitions;
4117          (ii) in the case of a municipal, [local] special district, special service district, or county

4118     water system that is functionally separate from any other water system, upon the passage of a
4119     resolution by the legislative body or [local] special district or special service district board
4120     representing the affected voters, submitting the question to the affected voters at a municipal
4121     general election; or
4122          (iii) in a county of the first or second class, upon the passage of a resolution by the
4123     county legislative body to place an opinion question relating to all public water systems within
4124     the county, except as provided in Subsection (3), on the ballot at a general election.
4125          (3) If a majority of voters on an opinion question under Subsection (2)(b)(iii) approve
4126     the addition of fluoride to or the removal of fluoride from the public water supplies within the
4127     county, the local health departments shall require the addition of fluoride to or the removal of
4128     fluoride from all public water supplies within that county other than those systems:
4129          (a) that are functionally separate from any other public water systems in that county;
4130     and
4131          (b) where a majority of the voters served by the public water system voted against the
4132     addition or removal of fluoride on the opinion question under Subsection (2)(b)(iii).
4133          (4) Nothing contained in this section prohibits the addition of chlorine or other water
4134     purifying agents.
4135          (5) Any political subdivision that, prior to November 2, 1976, decided to and was
4136     adding fluoride to the drinking water is considered to have complied with Subsection (2).
4137          (6) In an election held pursuant to Subsection (2)(b)(i), (ii), or (iii), where a majority of
4138     the voters approve the addition of fluoride to or the removal of fluoride from the public water
4139     supplies, no election to consider adding fluoride to or removing fluoride from the public water
4140     supplies shall be held for a period of four years from the date of approval by the majority of
4141     voters beginning with elections held in November 2000.
4142          (7) (a) A supplier may not add fluoride to or remove fluoride from a corporate public
4143     water system unless the majority of the votes cast by the shareholders of the corporate public
4144     water system authorize the supplier to add or remove the fluoride.
4145          (b) If a corporate public water system's shareholders do not vote to add fluoride under
4146     Subsection (7)(a), the supplier shall annually provide notice to a person who receives water
4147     from the corporate public water system of the average amount of fluoride in the water.
4148          (c) A vote of the corporate public water system's shareholders under Subsection (7)(a)

4149     does not require a supplier of another public water system, including a public water system that
4150     provides water to the corporate public water system, to add fluoride to or remove fluoride from
4151     the public water system.
4152          (8) If a local health department requires a public water system to add fluoride to public
4153     drinking water supplies under Subsection (3), the public water system shall fluoridate the
4154     public drinking water supplies with fluoride manufactured, distributed, packaged, and, if
4155     applicable, repackaged by a fluoride supplier who has provided copies of the original, dated
4156     documents used to obtain and maintain NSF/ANSI Standard 60 certification to:
4157          (a) the local health department that oversees the public water system; and
4158          (b) the division.
4159          (9) A public water system described in Subsection (8) shall obtain, for each quantity of
4160     fluoride acquired to fluoridate public drinking water supplies, a batch-specific certificate of
4161     analysis that represents the complete composition of the formulation of the undiluted raw
4162     fluoride substance, in percent or parts by weight, for each chemical and contaminant in the
4163     batch.
4164          (10) A local health department shall:
4165          (a) order the temporary removal of fluoride from a public water system within the
4166     boundaries of the local health department if the public water system:
4167          (i) violates Subsection (8) or (9); or
4168          (ii) is unable to fluoridate public drinking water supplies in accordance with
4169     Subsections (8) and (9); and
4170          (b) review and maintain the certification documents submitted to the local health
4171     department under Subsection (8).
4172          (11) A public water system described in Subsection (8) shall:
4173          (a) review and maintain certificates of analysis obtained under Subsection (9); and
4174          (b) upon request of a member of the public, provide a copy of a certificate of analysis
4175     obtained under Subsection (9) to the member of the public.
4176          (12) A local health department may order the temporary removal of fluoride from a
4177     public water system within the boundaries of the local health department if the public water
4178     system violates a provision of Subsection (11).
4179          (13) If a local health department orders the removal of fluoride from a public water

4180     system under Subsection (10)(a) or (12), the local health department shall:
4181          (a) issue a public notice regarding the temporary removal of fluoride from the public
4182     water system; and
4183          (b) when the public water system demonstrates its ability to fluoridate in accordance
4184     with Subsections (8), (9), and (11), revoke the removal requirement.
4185          (14) The division shall review and maintain the certification documents submitted to
4186     the division under Subsection (8).
4187          Section 60. Section 19-6-508 is amended to read:
4188          19-6-508. Resource recovery project operated by an improvement district.
4189          (1) As used in this section, "resource recovery project" means a project that consists of
4190     facilities for the handling, treatment and processing through anaerobic digestion, and resource
4191     recovery, of solid waste consisting primarily of organic matter.
4192          (2) An improvement district authorized to operate all or any part of a system for the
4193     collection, treatment, or disposition of sewage under Section 17B-2a-403 may own, acquire,
4194     construct, or operate a resource recovery project in accordance with this section.
4195          (3) An improvement district described in Subsection (2) may:
4196          (a) (i) own, acquire, construct, or operate a resource recovery project independently; or
4197          (ii) subject to Subsection (4), enter into a short- or long-term agreement for the
4198     ownership, acquisition, construction, management, or operation of a resource recovery project
4199     with:
4200          (A) a public agency, as defined in Section 11-13-103;
4201          (B) a private person; or
4202          (C) a combination of persons listed in Subsections (3)(a)(ii)(A) and (B);
4203          (b) accept and disburse money from a federal or state grant or any other source for the
4204     acquisition, construction, operation, maintenance, or improvement of a resource recovery
4205     project;
4206          (c) contract for the lease or purchase of land, a facility, or a vehicle for the operation of
4207     a resource recovery project;
4208          (d) establish one or more policies for the operation of a resource recovery project,
4209     including:
4210          (i) the hours of operation;

4211          (ii) the character and kind of waste accepted by the resource recovery project; and
4212          (iii) any policy necessary to ensure the safety of the resource recovery project
4213     personnel;
4214          (e) sell or contract for the sale of usable material, energy, fuel, or heat separated,
4215     extracted, recycled, or recovered from solid waste that consists primarily of organic matter in a
4216     resource recovery project;
4217          (f) issue a bond in accordance with [Title 17B, Chapter 1, Part 11, Local District
4218     Bonds] Title 17B, Chapter 1, Part 11, Special District Bonds;
4219          (g) issue an industrial development revenue bond in accordance with Title 11, Chapter
4220     17, Utah Industrial Facilities and Development Act, to pay the costs of financing a project, as
4221     defined in Section 11-17-2, that consists of a resource recovery project;
4222          (h) agree to construct and operate a resource recovery project that manages the solid
4223     waste of a public entity or a private person, in accordance with one or more contracts and other
4224     arrangements described in a proceeding according to which a bond is issued; and
4225          (i) contract for and accept solid waste that consists primarily of organic matter at a
4226     resource recovery project regardless of whether the solid waste is generated inside or outside
4227     the boundaries of the improvement district.
4228          (4) (a) An agreement described in Subsection (3)(a)(ii) shall:
4229          (i) contain provisions that the improvement district's board determines are in the best
4230     interests of the improvement district, including provisions that address:
4231          (A) the purposes of the agreement;
4232          (B) the duration of the agreement;
4233          (C) the method of appointing or employing necessary personnel;
4234          (D) the method of financing the resource recovery project, including the apportionment
4235     of costs of construction and operation;
4236          (E) the ownership interest of each owner in the resource recovery project and other
4237     property used in connection with the resource recovery project;
4238          (F) the procedures for the disposition of property when the agreement expires or is
4239     terminated, or when the resource recovery project ceases operation for any reason;
4240          (G) any agreement of the parties prohibiting or restricting the alienation or partition of
4241     the undivided interests of an owner in the resource recovery project;

4242          (H) the construction and repair of the resource recovery project, including, if the parties
4243     agree, a determination that one of the parties may construct or repair the resource recovery
4244     project as agent for all parties to the agreement;
4245          (I) the administration, operation, and maintenance of the resource recovery project,
4246     including, if the parties agree, a determination that one of the parties may administer, operate,
4247     and maintain the resource recovery project as agent for all parties to the agreement;
4248          (J) the creation of a committee of representatives of the parties to the agreement,
4249     including the committee's powers;
4250          (K) if the parties agree, a provision that if any party defaults in the performance or
4251     discharge of the party's obligations under the agreement, the other parties may perform or
4252     assume, pro rata or otherwise, the obligations of the defaulting party and may, if the defaulting
4253     party fails to remedy the default, succeed to or require the disposition of the rights and interests
4254     of the defaulting party in the resource recovery project;
4255          (L) provisions for indemnification of construction, operation, and administration agents
4256     for completing construction, handling emergencies, and allocating output of the resource
4257     recovery project among the parties to the agreement according to the ownership interests of the
4258     parties;
4259          (M) methods for amending and terminating the agreement; and
4260          (N) any other matter determined by the parties to the agreement to be necessary; and
4261          (ii) provide for an equitable method of allocating operation, repair, and maintenance
4262     costs of the resource recovery project.
4263          (b) A provision under Subsection (4)(a)(i)(G) is not subject to any law restricting
4264     covenants against alienation or partition.
4265          (c) An improvement district's ownership interest in a resource recovery project may not
4266     be less than the proportion of money or the value of property supplied by the improvement
4267     district for the acquisition and construction of the resource recovery project.
4268          Section 61. Section 26-8a-102 is amended to read:
4269          26-8a-102. Definitions.
4270          As used in this chapter:
4271          (1) (a) "911 ambulance or paramedic services" means:
4272          (i) either:

4273          (A) 911 ambulance service;
4274          (B) 911 paramedic service; or
4275          (C) both 911 ambulance and paramedic service; and
4276          (ii) a response to a 911 call received by a designated dispatch center that receives 911
4277     or E911 calls.
4278          (b) "911 ambulance or paramedic services" does not mean a seven or 10 digit
4279     telephone call received directly by an ambulance provider licensed under this chapter.
4280          (2) "Ambulance" means a ground, air, or water vehicle that:
4281          (a) transports patients and is used to provide emergency medical services; and
4282          (b) is required to obtain a permit under Section 26-8a-304 to operate in the state.
4283          (3) "Ambulance provider" means an emergency medical service provider that:
4284          (a) transports and provides emergency medical care to patients; and
4285          (b) is required to obtain a license under Part 4, Ambulance and Paramedic Providers.
4286          (4) (a) "Behavioral emergency services" means delivering a behavioral health
4287     intervention to a patient in an emergency context within a scope and in accordance with
4288     guidelines established by the department.
4289          (b) "Behavioral emergency services" does not include engaging in the:
4290          (i) practice of mental health therapy as defined in Section 58-60-102;
4291          (ii) practice of psychology as defined in Section 58-61-102;
4292          (iii) practice of clinical social work as defined in Section 58-60-202;
4293          (iv) practice of certified social work as defined in Section 58-60-202;
4294          (v) practice of marriage and family therapy as defined in Section 58-60-302;
4295          (vi) practice of clinical mental health counseling as defined in Section 58-60-402; or
4296          (vii) practice as a substance use disorder counselor as defined in Section 58-60-502.
4297          (5) "Committee" means the State Emergency Medical Services Committee created by
4298     Section 26B-1-204.
4299          (6) "Community paramedicine" means medical care:
4300          (a) provided by emergency medical service personnel; and
4301          (b) provided to a patient who is not:
4302          (i) in need of ambulance transportation; or
4303          (ii) located in a health care facility as defined in Section 26-21-2.

4304          (7) "Direct medical observation" means in-person observation of a patient by a
4305     physician, registered nurse, physician's assistant, or individual licensed under Section
4306     26-8a-302.
4307          (8) "Emergency medical condition" means:
4308          (a) a medical condition that manifests itself by symptoms of sufficient severity,
4309     including severe pain, that a prudent layperson, who possesses an average knowledge of health
4310     and medicine, could reasonably expect the absence of immediate medical attention to result in:
4311          (i) placing the individual's health in serious jeopardy;
4312          (ii) serious impairment to bodily functions; or
4313          (iii) serious dysfunction of any bodily organ or part; or
4314          (b) a medical condition that in the opinion of a physician or the physician's designee
4315     requires direct medical observation during transport or may require the intervention of an
4316     individual licensed under Section 26-8a-302 during transport.
4317          (9) (a) "Emergency medical service personnel" means an individual who provides
4318     emergency medical services or behavioral emergency services to a patient and is required to be
4319     licensed or certified under Section 26-8a-302.
4320          (b) "Emergency medical service personnel" includes a paramedic, medical director of a
4321     licensed emergency medical service provider, emergency medical service instructor, behavioral
4322     emergency services technician, other categories established by the committee, and a certified
4323     emergency medical dispatcher.
4324          (10) "Emergency medical service providers" means:
4325          (a) licensed ambulance providers and paramedic providers;
4326          (b) a facility or provider that is required to be designated under Subsection
4327     26-8a-303(1)(a); and
4328          (c) emergency medical service personnel.
4329          (11) "Emergency medical services" means:
4330          (a) medical services;
4331          (b) transportation services;
4332          (c) behavioral emergency services; or
4333          (d) any combination of the services described in Subsections (11)(a) through (c).
4334          (12) "Emergency medical service vehicle" means a land, air, or water vehicle that is:

4335          (a) maintained and used for the transportation of emergency medical personnel,
4336     equipment, and supplies to the scene of a medical emergency; and
4337          (b) required to be permitted under Section 26-8a-304.
4338          (13) "Governing body":
4339          (a) means the same as that term is defined in Section 11-42-102; and
4340          (b) for purposes of a "special service district" under Section 11-42-102, means a
4341     special service district that has been delegated the authority to select a provider under this
4342     chapter by the special service district's legislative body or administrative control board.
4343          (14) "Interested party" means:
4344          (a) a licensed or designated emergency medical services provider that provides
4345     emergency medical services within or in an area that abuts an exclusive geographic service area
4346     that is the subject of an application submitted pursuant to Part 4, Ambulance and Paramedic
4347     Providers;
4348          (b) any municipality, county, or fire district that lies within or abuts a geographic
4349     service area that is the subject of an application submitted pursuant to Part 4, Ambulance and
4350     Paramedic Providers; or
4351          (c) the department when acting in the interest of the public.
4352          (15) "Level of service" means the level at which an ambulance provider type of service
4353     is licensed as:
4354          (a) emergency medical technician;
4355          (b) advanced emergency medical technician; or
4356          (c) paramedic.
4357          (16) "Medical control" means a person who provides medical supervision to an
4358     emergency medical service provider.
4359          (17) "Non-911 service" means transport of a patient that is not 911 transport under
4360     Subsection (1).
4361          (18) "Nonemergency secured behavioral health transport" means an entity that:
4362          (a) provides nonemergency secure transportation services for an individual who:
4363          (i) is not required to be transported by an ambulance under Section 26-8a-305; and
4364          (ii) requires behavioral health observation during transport between any of the
4365     following facilities:

4366          (A) a licensed acute care hospital;
4367          (B) an emergency patient receiving facility;
4368          (C) a licensed mental health facility; and
4369          (D) the office of a licensed health care provider; and
4370          (b) is required to be designated under Section 26-8a-303.
4371          (19) "Paramedic provider" means an entity that:
4372          (a) employs emergency medical service personnel; and
4373          (b) is required to obtain a license under Part 4, Ambulance and Paramedic Providers.
4374          (20) "Patient" means an individual who, as the result of illness, injury, or a behavioral
4375     emergency condition, meets any of the criteria in Section 26-8a-305.
4376          (21) "Political subdivision" means:
4377          (a) a city, town, or metro township;
4378          (b) a county;
4379          (c) a special service district created under Title 17D, Chapter 1, Special Service
4380     District Act, for the purpose of providing fire protection services under Subsection
4381     17D-1-201(9);
4382          (d) a [local] special district created under [Title 17B, Limited Purpose Local
4383     Government Entities - Local Districts] Title 17B, Limited Purpose Local Government Entities -
4384     Special Districts, for the purpose of providing fire protection, paramedic, and emergency
4385     services;
4386          (e) areas coming together as described in Subsection 26-8a-405.2(2)(b)(ii); or
4387          (f) an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act.
4388          (22) "Trauma" means an injury requiring immediate medical or surgical intervention.
4389          (23) "Trauma system" means a single, statewide system that:
4390          (a) organizes and coordinates the delivery of trauma care within defined geographic
4391     areas from the time of injury through transport and rehabilitative care; and
4392          (b) is inclusive of all prehospital providers, hospitals, and rehabilitative facilities in
4393     delivering care for trauma patients, regardless of severity.
4394          (24) "Triage" means the sorting of patients in terms of disposition, destination, or
4395     priority. For prehospital trauma victims, triage requires a determination of injury severity to
4396     assess the appropriate level of care according to established patient care protocols.

4397          (25) "Triage, treatment, transportation, and transfer guidelines" means written
4398     procedures that:
4399          (a) direct the care of patients; and
4400          (b) are adopted by the medical staff of an emergency patient receiving facility, trauma
4401     center, or an emergency medical service provider.
4402          (26) "Type of service" means the category at which an ambulance provider is licensed
4403     as:
4404          (a) ground ambulance transport;
4405          (b) ground ambulance interfacility transport; or
4406          (c) both ground ambulance transport and ground ambulance interfacility transport.
4407          Section 62. Section 26-8a-405.2 is amended to read:
4408          26-8a-405.2. Selection of provider -- Request for competitive sealed proposal --
4409     Public convenience and necessity.
4410          (1) (a) A political subdivision may contract with an applicant approved under Section
4411     26-8a-404 to provide services for the geographic service area that is approved by the
4412     department in accordance with Subsection (2), if:
4413          (i) the political subdivision complies with the provisions of this section and Section
4414     26-8a-405.3 if the contract is for 911 ambulance or paramedic services; or
4415          (ii) the political subdivision complies with Sections 26-8a-405.3 and 26-8a-405.4, if
4416     the contract is for non-911 services.
4417          (b) (i) The provisions of this section and Sections 26-8a-405.1, 26-8a-405.3, and
4418     26-8a-405.4 do not require a political subdivision to issue a request for proposal for ambulance
4419     or paramedic services or non-911 services.
4420          (ii) If a political subdivision does not contract with an applicant in accordance with this
4421     section and Section 26-8a-405.3, the provisions of Sections 26-8a-406 through 26-8a-409 apply
4422     to the issuance of a license for ambulance or paramedic services in the geographic service area
4423     that is within the boundaries of the political subdivision.
4424          (iii) If a political subdivision does not contract with an applicant in accordance with
4425     this section, Section 26-8a-405.3 and Section 26-8a-405.4, a license for the non-911 services in
4426     the geographic service area that is within the boundaries of the political subdivision may be
4427     issued:

4428          (A) under the public convenience and necessity provisions of Sections 26-8a-406
4429     through 26-8a-409; or
4430          (B) by a request for proposal issued by the department under Section 26-8a-405.5.
4431          (c) (i) For purposes of this Subsection (1)(c):
4432          (A) "Fire district" means a [local] special district under [Title 17B, Limited Purpose
4433     Local Government Entities - Local Districts] Title 17B, Limited Purpose Local Government
4434     Entities - Special Districts, that:
4435          (I) is located in a county of the first or second class; and
4436          (II) provides fire protection, paramedic, and emergency services.
4437          (B) "Participating municipality" means a city or town whose area is partly or entirely
4438     included within a county service area or fire district.
4439          (C) "Participating county" means a county whose unincorporated area is partly or
4440     entirely included within a fire district.
4441          (ii) A participating municipality or participating county may as provided in this section
4442     and Section 26-8a-405.3, contract with a provider for 911 ambulance or paramedic service.
4443          (iii) If the participating municipality or participating county contracts with a provider
4444     for services under this section and Section 26-8a-405.3:
4445          (A) the fire district is not obligated to provide the services that are included in the
4446     contract between the participating municipality or the participating county and the provider;
4447          (B) the fire district may impose taxes and obligations within the fire district in the same
4448     manner as if the participating municipality or participating county were receiving all services
4449     offered by the fire district; and
4450          (C) the participating municipality's and participating county's obligations to the fire
4451     district are not diminished.
4452          (2) (a) The political subdivision shall submit the request for proposal and the exclusive
4453     geographic service area to be included in a request for proposal issued under Subsections
4454     (1)(a)(i) or (ii) to the department for approval prior to issuing the request for proposal. The
4455     department shall approve the request for proposal and the exclusive geographic service area:
4456          (i) unless the geographic service area creates an orphaned area; and
4457          (ii) in accordance with Subsections (2)(b) and (c).
4458          (b) The exclusive geographic service area may:

4459          (i) include the entire geographic service area that is within the political subdivision's
4460     boundaries;
4461          (ii) include islands within or adjacent to other peripheral areas not included in the
4462     political subdivision that governs the geographic service area; or
4463          (iii) exclude portions of the geographic service area within the political subdivision's
4464     boundaries if another political subdivision or licensed provider agrees to include the excluded
4465     area within their license.
4466          (c) The proposed geographic service area for 911 ambulance or paramedic service shall
4467     demonstrate that non-911 ambulance or paramedic service will be provided in the geographic
4468     service area, either by the current provider, the applicant, or some other method acceptable to
4469     the department. The department may consider the effect of the proposed geographic service
4470     area on the costs to the non-911 provider and that provider's ability to provide only non-911
4471     services in the proposed area.
4472          Section 63. Section 26-8a-603 is amended to read:
4473          26-8a-603. Volunteer Emergency Medical Service Personnel Health Insurance
4474     Program -- Creation -- Administration -- Eligibility -- Benefits -- Rulemaking -- Advisory
4475     board.
4476          (1) As used in this section:
4477          (a) "Health benefit plan" means the same as that term is defined in Section 31A-1-301.
4478          (b) "Local government entity" means a political subdivision that:
4479          (i) is licensed as a ground ambulance provider under Part 4, Ambulance and Paramedic
4480     Providers; and
4481          (ii) as of January 1, 2022, does not offer health insurance benefits to volunteer
4482     emergency medical service personnel.
4483          (c) "PEHP" means the Public Employees' Benefit and Insurance Program created in
4484     Section 49-20-103.
4485          (d) "Political subdivision" means a county, a municipality, a limited purpose
4486     government entity described in [Title 17B, Limited Purpose Local Government Entities - Local
4487     Districts] Title 17B, Limited Purpose Local Government Entities - Special Districts, or Title
4488     17D, Limited Purpose Local Government Entities - Other Entities, or an entity created by an
4489     interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act.

4490          (e) "Qualifying association" means an association that represents two or more political
4491     subdivisions in the state.
4492          (2) The Volunteer Emergency Medical Service Personnel Health Insurance Program
4493     shall promote recruitment and retention of volunteer emergency medical service personnel by
4494     making health insurance available to volunteer emergency medical service personnel.
4495          (3) The department shall contract with a qualifying association to create, implement,
4496     and administer the Volunteer Emergency Medical Service Personnel Health Insurance Program
4497     described in this section.
4498          (4) Participation in the program is limited to emergency medical service personnel
4499     who:
4500          (a) are licensed under Section 26-8a-302 and are able to perform all necessary
4501     functions associated with the license;
4502          (b) provide emergency medical services under the direction of a local governmental
4503     entity:
4504          (i) by responding to 20% of calls for emergency medical services in a rolling
4505     twelve-month period;
4506          (ii) within a county of the third, fourth, fifth, or sixth class; and
4507          (iii) as a volunteer under the Fair Labor Standards Act, in accordance with 29 C.F.R.
4508     Sec. 553.106;
4509          (c) are not eligible for a health benefit plan through an employer or a spouse's
4510     employer;
4511          (d) are not eligible for medical coverage under a government sponsored healthcare
4512     program; and
4513          (e) reside in the state.
4514          (5) (a) A participant in the program is eligible to participate in PEHP in accordance
4515     with Subsection (5)(b) and Subsection 49-20-201(3).
4516          (b) Benefits available to program participants under PEHP are limited to health
4517     insurance that:
4518          (i) covers the program participant and the program participant's eligible dependents on
4519     a July 1 plan year;
4520          (ii) accepts enrollment during an open enrollment period or for a special enrollment

4521     event, including the initial eligibility of a program participant;
4522          (iii) if the program participant is no longer eligible for benefits, terminates on the last
4523     day of the last month for which the individual is a participant in the Volunteer Emergency
4524     Medical Service Personnel Health Insurance Program; and
4525          (iv) is not subject to continuation rights under state or federal law.
4526          (6) (a) The department may make rules in accordance with Title 63G, Chapter 3, Utah
4527     Administrative Rulemaking Act, to define additional criteria regarding benefit design and
4528     eligibility for the program.
4529          (b) The department shall convene an advisory board:
4530          (i) to advise the department on making rules under Subsection (6)(a); and
4531          (ii) that includes representation from at least the following entities:
4532          (A) the qualifying association that receives the contract under Subsection (3); and
4533          (B) PEHP.
4534          (7) For purposes of this section, the qualifying association that receives the contract
4535     under Subsection (3) shall be considered the public agency for whom the program participant is
4536     volunteering under 29 C.F.R. Sec. 553.101.
4537          Section 64. Section 26-18-21 is amended to read:
4538          26-18-21. Medicaid intergovernmental transfer report -- Approval requirements.
4539          (1) As used in this section:
4540          (a) (i) "Intergovernmental transfer" means the transfer of public funds from:
4541          (A) a local government entity to another nonfederal governmental entity; or
4542          (B) from a nonfederal, government owned health care facility regulated under Chapter
4543     21, Health Care Facility Licensing and Inspection Act, to another nonfederal governmental
4544     entity.
4545          (ii) "Intergovernmental transfer" does not include:
4546          (A) the transfer of public funds from one state agency to another state agency; or
4547          (B) a transfer of funds from the University of Utah Hospitals and Clinics.
4548          (b) (i) "Intergovernmental transfer program" means a federally approved
4549     reimbursement program or category that is authorized by the Medicaid state plan or waiver
4550     authority for intergovernmental transfers.
4551          (ii) "Intergovernmental transfer program" does not include the addition of a provider to

4552     an existing intergovernmental transfer program.
4553          (c) "Local government entity" means a county, city, town, special service district,
4554     [local] special district, or local education agency as that term is defined in Section 63J-5-102.
4555          (d) "Non-state government entity" means a hospital authority, hospital district, health
4556     care district, special service district, county, or city.
4557          (2) (a) An entity that receives federal Medicaid dollars from the department as a result
4558     of an intergovernmental transfer shall, on or before August 1, 2017, and on or before August 1
4559     each year thereafter, provide the department with:
4560          (i) information regarding the payments funded with the intergovernmental transfer as
4561     authorized by and consistent with state and federal law;
4562          (ii) information regarding the entity's ability to repay federal funds, to the extent
4563     required by the department in the contract for the intergovernmental transfer; and
4564          (iii) other information reasonably related to the intergovernmental transfer that may be
4565     required by the department in the contract for the intergovernmental transfer.
4566          (b) On or before October 15, 2017, and on or before October 15 each subsequent year,
4567     the department shall prepare a report for the Executive Appropriations Committee that
4568     includes:
4569          (i) the amount of each intergovernmental transfer under Subsection (2)(a);
4570          (ii) a summary of changes to CMS regulations and practices that are known by the
4571     department regarding federal funds related to an intergovernmental transfer program; and
4572          (iii) other information the department gathers about the intergovernmental transfer
4573     under Subsection (2)(a).
4574          (3) The department shall not create a new intergovernmental transfer program after
4575     July 1, 2017, unless the department reports to the Executive Appropriations Committee, in
4576     accordance with Section 63J-5-206, before submitting the new intergovernmental transfer
4577     program for federal approval. The report shall include information required by Subsection
4578     63J-5-102(1)(d) and the analysis required in Subsections (2)(a) and (b).
4579          (4) (a) The department shall enter into new Nursing Care Facility Non-State
4580     Government-Owned Upper Payment Limit program contracts and contract amendments adding
4581     new nursing care facilities and new non-state government entity operators in accordance with
4582     this Subsection (4).

4583          (b) (i) If the nursing care facility expects to receive less than $1,000,000 in federal
4584     funds each year from the Nursing Care Facility Non-State Government-Owned Upper Payment
4585     Limit program, excluding seed funding and administrative fees paid by the non-state
4586     government entity, the department shall enter into a Nursing Care Facility Non-State
4587     Government-Owned Upper Payment Limit program contract with the non-state government
4588     entity operator of the nursing care facility.
4589          (ii) If the nursing care facility expects to receive between $1,000,000 and $10,000,000
4590     in federal funds each year from the Nursing Care Facility Non-State Government-Owned
4591     Upper Payment Limit program, excluding seed funding and administrative fees paid by the
4592     non-state government entity, the department shall enter into a Nursing Care Facility Non-State
4593     Government-Owned Upper Payment Limit program contract with the non-state government
4594     entity operator of the nursing care facility after receiving the approval of the Executive
4595     Appropriations Committee.
4596          (iii) If the nursing care facility expects to receive more than $10,000,000 in federal
4597     funds each year from the Nursing Care Facility Non-State Government-Owned Upper Payment
4598     Limit program, excluding seed funding and administrative fees paid by the non-state
4599     government entity, the department may not approve the application without obtaining approval
4600     from the Legislature and the governor.
4601          (c) A non-state government entity may not participate in the Nursing Care Facility
4602     Non-State Government-Owned Upper Payment Limit program unless the non-state government
4603     entity is a special service district, county, or city that operates a hospital or holds a license
4604     under Chapter 21, Health Care Facility Licensing and Inspection Act.
4605          (d) Each non-state government entity that participates in the Nursing Care Facility
4606     Non-State Government-Owned Upper Payment Limit program shall certify to the department
4607     that:
4608          (i) the non-state government entity is a local government entity that is able to make an
4609     intergovernmental transfer under applicable state and federal law;
4610          (ii) the non-state government entity has sufficient public funds or other permissible
4611     sources of seed funding that comply with the requirements in 42 C.F.R. Part 433, Subpart B;
4612          (iii) the funds received from the Nursing Care Facility Non-State Government-Owned
4613     Upper Payment Limit program are:

4614          (A) for each nursing care facility, available for patient care until the end of the
4615     non-state government entity's fiscal year; and
4616          (B) used exclusively for operating expenses for nursing care facility operations, patient
4617     care, capital expenses, rent, royalties, and other operating expenses; and
4618          (iv) the non-state government entity has completed all licensing, enrollment, and other
4619     forms and documents required by federal and state law to register a change of ownership with
4620     the department and with CMS.
4621          (5) The department shall add a nursing care facility to an existing Nursing Care Facility
4622     Non-State Government-Owned Upper Payment Limit program contract if:
4623          (a) the nursing care facility is managed by or affiliated with the same non-state
4624     government entity that also manages one or more nursing care facilities that are included in an
4625     existing Nursing Care Facility Non-State Government-Owned Upper Payment Limit program
4626     contract; and
4627          (b) the non-state government entity makes the certification described in Subsection
4628     (4)(d)(ii).
4629          (6) The department may not increase the percentage of the administrative fee paid by a
4630     non-state government entity to the department under the Nursing Care Facility Non-State
4631     Government-Owned Upper Payment Limit program.
4632          (7) The department may not condition participation in the Nursing Care Facility
4633     Non-State Government-Owned Upper Payment Limit program on:
4634          (a) a requirement that the department be allowed to direct or determine the types of
4635     patients that a non-state government entity will treat or the course of treatment for a patient in a
4636     non-state government nursing care facility; or
4637          (b) a requirement that a non-state government entity or nursing care facility post a
4638     bond, purchase insurance, or create a reserve account of any kind.
4639          (8) The non-state government entity shall have the primary responsibility for ensuring
4640     compliance with Subsection (4)(d)(ii).
4641          (9) (a) The department may not enter into a new Nursing Care Facility Non-State
4642     Government-Owned Upper Payment Limit program contract before January 1, 2019.
4643          (b) Subsection (9)(a) does not apply to:
4644          (i) a new Nursing Care Facility Non-State Government-Owned Upper Payment Limit

4645     program contract that was included in the federal funds request summary under Section
4646     63J-5-201 for fiscal year 2018; or
4647          (ii) a nursing care facility that is operated or managed by the same company as a
4648     nursing care facility that was included in the federal funds request summary under Section
4649     63J-5-201 for fiscal year 2018.
4650          Section 65. Section 31A-23a-501 is amended to read:
4651          31A-23a-501. Licensee compensation.
4652          (1) As used in this section:
4653          (a) "Commission compensation" includes funds paid to or credited for the benefit of a
4654     licensee from:
4655          (i) commission amounts deducted from insurance premiums on insurance sold by or
4656     placed through the licensee;
4657          (ii) commission amounts received from an insurer or another licensee as a result of the
4658     sale or placement of insurance; or
4659          (iii) overrides, bonuses, contingent bonuses, or contingent commissions received from
4660     an insurer or another licensee as a result of the sale or placement of insurance.
4661          (b) (i) "Compensation from an insurer or third party administrator" means
4662     commissions, fees, awards, overrides, bonuses, contingent commissions, loans, stock options,
4663     gifts, prizes, or any other form of valuable consideration:
4664          (A) whether or not payable pursuant to a written agreement; and
4665          (B) received from:
4666          (I) an insurer; or
4667          (II) a third party to the transaction for the sale or placement of insurance.
4668          (ii) "Compensation from an insurer or third party administrator" does not mean
4669     compensation from a customer that is:
4670          (A) a fee or pass-through costs as provided in Subsection (1)(e); or
4671          (B) a fee or amount collected by or paid to the producer that does not exceed an
4672     amount established by the commissioner by administrative rule.
4673          (c) (i) "Customer" means:
4674          (A) the person signing the application or submission for insurance; or
4675          (B) the authorized representative of the insured actually negotiating the placement of

4676     insurance with the producer.
4677          (ii) "Customer" does not mean a person who is a participant or beneficiary of:
4678          (A) an employee benefit plan; or
4679          (B) a group or blanket insurance policy or group annuity contract sold, solicited, or
4680     negotiated by the producer or affiliate.
4681          (d) (i) "Noncommission compensation" includes all funds paid to or credited for the
4682     benefit of a licensee other than commission compensation.
4683          (ii) "Noncommission compensation" does not include charges for pass-through costs
4684     incurred by the licensee in connection with obtaining, placing, or servicing an insurance policy.
4685          (e) "Pass-through costs" include:
4686          (i) costs for copying documents to be submitted to the insurer; and
4687          (ii) bank costs for processing cash or credit card payments.
4688          (2) (a) Except as provided in Subsection (3), a licensee may receive from an insured or
4689     from a person purchasing an insurance policy, noncommission compensation.
4690          (b) Noncommission compensation shall be:
4691          (i) limited to actual or reasonable expenses incurred for services; and
4692          (ii) uniformly applied to all insureds or prospective insureds in a class or classes of
4693     business or for a specific service or services.
4694          (c) The following additional noncommission compensation is authorized:
4695          (i) compensation a surety bond's principal debtor pays, under procedures approved by a
4696     rule or order of the commissioner, to a producer of a compensation corporate surety for an
4697     extra service;
4698          (ii) compensation an insurance producer receives for services performed for an insured
4699     in connection with a claim adjustment, if the producer:
4700          (A) does not receive and is not promised compensation for aiding in the claim
4701     adjustment before the claim occurs; and
4702          (B) is also licensed as a public adjuster in accordance with Section 31A-26-203;
4703          (iii) compensation a consultant receives as a consulting fee, if the consultant complies
4704     with the requirements under Section 31A-23a-401; and
4705          (iv) a compensation arrangement that the commissioner approves after finding that the
4706     arrangement:

4707          (A) does not violate Section 31A-23a-401; and
4708          (B) is not harmful to the public.
4709          (d) All accounting records relating to noncommission compensation shall be
4710     maintained in a manner that facilitates an audit.
4711          (3) (a) A surplus lines producer may receive noncommission compensation when
4712     acting as a producer for the insured in a surplus lines transaction, if:
4713          (i) the producer and the insured have agreed on the producer's noncommission
4714     compensation; and
4715          (ii) the producer has disclosed to the insured the existence and source of any other
4716     compensation that accrues to the producer as a result of the transaction.
4717          (b) The disclosure required by this Subsection (3) shall:
4718          (i) include the signature of the insured or prospective insured acknowledging the
4719     noncommission compensation;
4720          (ii) clearly specify:
4721          (A) the amount of any known noncommission compensation;
4722          (B) the type and amount, if known, of any potential and contingent noncommission
4723     compensation; and
4724          (C) the existence and source of any other compensation; and
4725          (iii) be provided to the insured or prospective insured before the performance of the
4726     service.
4727          (4) (a) For purposes of this Subsection (4):
4728          (i) "Large customer" means an employer who, with respect to a calendar year and to a
4729     plan year:
4730          (A) employed an average of at least 100 eligible employees on each business day
4731     during the preceding calendar year; and
4732          (B) employs at least two employees on the first day of the plan year.
4733          (ii) "Producer" includes:
4734          (A) a producer;
4735          (B) an affiliate of a producer; or
4736          (C) a consultant.
4737          (b) A producer may not accept or receive any compensation from an insurer or third

4738     party administrator for the initial placement of a health benefit plan, other than a hospital
4739     confinement indemnity policy, unless prior to a large customer's initial purchase of the health
4740     benefit plan the producer discloses in writing to the large customer that the producer will
4741     receive compensation from the insurer or third party administrator for the placement of
4742     insurance, including the amount or type of compensation known to the producer at the time of
4743     the disclosure.
4744          (c) A producer shall:
4745          (i) obtain the large customer's signed acknowledgment that the disclosure under
4746     Subsection (4)(b) was made to the large customer; or
4747          (ii) (A) sign a statement that the disclosure required by Subsection (4)(b) was made to
4748     the large customer; and
4749          (B) keep the signed statement on file in the producer's office while the health benefit
4750     plan placed with the large customer is in force.
4751          (d) A licensee who collects or receives any part of the compensation from an insurer or
4752     third party administrator in a manner that facilitates an audit shall, while the health benefit plan
4753     placed with the large customer is in force, maintain a copy of:
4754          (i) the signed acknowledgment described in Subsection (4)(c)(i); or
4755          (ii) the signed statement described in Subsection (4)(c)(ii).
4756          (e) Subsection (4)(c) does not apply to:
4757          (i) a person licensed as a producer who acts only as an intermediary between an insurer
4758     and the customer's producer, including a managing general agent; or
4759          (ii) the placement of insurance in a secondary or residual market.
4760          (f) (i) A producer shall provide to a large customer listed in this Subsection (4)(f) an
4761     annual accounting, as defined by rule made by the department in accordance with Title 63G,
4762     Chapter 3, Utah Administrative Rulemaking Act, of all amounts the producer receives in
4763     commission compensation from an insurer or third party administrator as a result of the sale or
4764     placement of a health benefit plan to a large customer that is:
4765          (A) the state;
4766          (B) a political subdivision or instrumentality of the state or a combination thereof
4767     primarily engaged in educational activities or the administration or servicing of educational
4768     activities, including the State Board of Education and its instrumentalities, an institution of

4769     higher education and its branches, a school district and its instrumentalities, a vocational and
4770     technical school, and an entity arising out of a consolidation agreement between entities
4771     described under this Subsection (4)(f)(i)(B);
4772          (C) a county, city, town, [local] special district under [Title 17B, Limited Purpose
4773     Local Government Entities - Local Districts] Title 17B, Limited Purpose Local Government
4774     Entities - Special Districts, special service district under Title 17D, Chapter 1, Special Service
4775     District Act, an entity created by an interlocal cooperation agreement under Title 11, Chapter
4776     13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a
4777     political subdivision of the state; or
4778          (D) a quasi-public corporation, that has the same meaning as defined in Section
4779     63E-1-102.
4780          (ii) The department shall pattern the annual accounting required by this Subsection
4781     (4)(f) on the insurance related information on Internal Revenue Service Form 5500 and its
4782     relevant attachments.
4783          (g) At the request of the department, a producer shall provide the department a copy of:
4784          (i) a disclosure required by this Subsection (4); or
4785          (ii) an Internal Revenue Service Form 5500 and its relevant attachments.
4786          (5) This section does not alter the right of any licensee to recover from an insured the
4787     amount of any premium due for insurance effected by or through that licensee or to charge a
4788     reasonable rate of interest upon past-due accounts.
4789          (6) This section does not apply to bail bond producers or bail enforcement agents as
4790     defined in Section 31A-35-102.
4791          (7) A licensee may not receive noncommission compensation from an insurer, insured,
4792     or enrollee for providing a service or engaging in an act that is required to be provided or
4793     performed in order to receive commission compensation, except for the surplus lines
4794     transactions that do not receive commissions.
4795          Section 66. Section 34-30-14 is amended to read:
4796          34-30-14. Public works -- Wages.
4797          (1) For purposes of this section:
4798          (a) "Political subdivision" means a county, city, town, school district, [local] special
4799     district, special service district, public corporation, institution of higher education of the state,

4800     public agency of any political subdivision, or other entity that expends public funds for
4801     construction, maintenance, repair or improvement of public works.
4802          (b) "Public works" or "public works project" means a building, road, street, sewer,
4803     storm drain, water system, irrigation system, reclamation project, or other facility owned or to
4804     be contracted for by the state or a political subdivision, and that is to be paid for in whole or in
4805     part with tax revenue paid by residents of the state.
4806          (2) (a) Except as provided in Subsection (2)(b) or as required by federal or state law,
4807     the state or any political subdivision that contracts for the construction, maintenance, repair, or
4808     improvement of public works may not require that a contractor, subcontractor, or material
4809     supplier or carrier engaged in the construction, maintenance, repair, or improvement of public
4810     works pay its employees:
4811          (i) a predetermined amount of wages or wage rate; or
4812          (ii) a type, amount, or rate of employee benefits.
4813          (b) Subsection (2)(a) does not apply when federal law requires the payment of
4814     prevailing or minimum wages to persons working on projects funded in whole or in part by
4815     federal funds.
4816          (3) The state or any political subdivision that contracts for the construction,
4817     maintenance, repair, or improvement of public works may not require that a contractor,
4818     subcontractor, or material supplier or carrier engaged in the construction, maintenance, repair
4819     or improvement of public works execute or otherwise become a party to any project labor
4820     agreement, collective bargaining agreement, prehire agreement, or any other agreement with
4821     employees, their representatives, or any labor organization as a condition of bidding,
4822     negotiating, being awarded, or performing work on a public works project.
4823          (4) This section applies to any contract executed after May 1, 1995.
4824          Section 67. Section 34-32-1.1 is amended to read:
4825          34-32-1.1. Prohibiting public employers from making payroll deductions for
4826     political purposes.
4827          (1) As used in this section:
4828          (a) (i) "Labor organization" means a lawful organization of any kind that is composed,
4829     in whole or in part, of employees and that exists for the purpose, in whole or in part, of dealing
4830     with employers concerning grievances, labor disputes, wages, rates of pay, hours of

4831     employment, or other terms and conditions of employment.
4832          (ii) Except as provided in Subsection (1)(a)(iii), "labor organization" includes each
4833     employee association and union for public employees.
4834          (iii) "Labor organization" does not include organizations governed by the National
4835     Labor Relations Act, 29 U.S.C. Sec. 151 et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151
4836     et seq.
4837          (b) "Political purposes" means an act done with the intent or in a way to influence or
4838     tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
4839     against any candidate for public office at any caucus, political convention, primary, or election.
4840          (c) "Public employee" means a person employed by:
4841          (i) the state of Utah or any administrative subunit of the state;
4842          (ii) a state institution of higher education; or
4843          (iii) a municipal corporation, a county, a municipality, a school district, a [local]
4844     special district, a special service district, or any other political subdivision of the state.
4845          (d) "Public employer" means an employer that is:
4846          (i) the state of Utah or any administrative subunit of the state;
4847          (ii) a state institution of higher education; or
4848          (iii) a municipal corporation, a county, a municipality, a school district, a [local]
4849     special district, a special service district, or any other political subdivision of the state.
4850          (e) "Union dues" means dues, fees, assessments, or other money required as a
4851     condition of membership or participation in a labor organization.
4852          (2) A public employer may not deduct from the wages of its employees any amounts to
4853     be paid to:
4854          (a) a candidate as defined in Section 20A-11-101;
4855          (b) a personal campaign committee as defined in Section 20A-11-101;
4856          (c) a political action committee as defined in Section 20A-11-101;
4857          (d) a political issues committee as defined in Section 20A-11-101;
4858          (e) a registered political party as defined in Section 20A-11-101;
4859          (f) a political fund as defined in Section 20A-11-1402; or
4860          (g) any entity established by a labor organization to solicit, collect, or distribute money
4861     primarily for political purposes as defined in this chapter.

4862          (3) The attorney general may bring an action to require a public employer to comply
4863     with the requirements of this section.
4864          Section 68. Section 34-41-101 is amended to read:
4865          34-41-101. Definitions.
4866          As used in this chapter:
4867          (1) "Drug" means any substance recognized as a drug in the United States
4868     Pharmacopeia, the National Formulary, the Homeopathic Pharmacopeia, or other drug
4869     compendia, including Title 58, Chapter 37, Utah Controlled Substances Act, or supplement to
4870     any of those compendia.
4871          (2) "Drug testing" means the scientific analysis for the presence of drugs or their
4872     metabolites in the human body in accordance with the definitions and terms of this chapter.
4873          (3) "Local governmental employee" means any person or officer in the service of a
4874     local governmental entity or state institution of higher education for compensation.
4875          (4) (a) "Local governmental entity" means any political subdivision of Utah including
4876     any county, municipality, local school district, [local] special district, special service district, or
4877     any administrative subdivision of those entities.
4878          (b) "Local governmental entity" does not mean Utah state government or its
4879     administrative subdivisions provided for in Sections 63A-17-1001 through 63A-17-1006.
4880          (5) "Periodic testing" means preselected and preannounced drug testing of employees
4881     or volunteers conducted on a regular schedule.
4882          (6) "Prospective employee" means any person who has made a written or oral
4883     application to become an employee of a local governmental entity or a state institution of
4884     higher education.
4885          (7) "Random testing" means the unannounced drug testing of an employee or volunteer
4886     who was selected for testing by using a method uninfluenced by any personal characteristics
4887     other than job category.
4888          (8) "Reasonable suspicion for drug testing" means an articulated belief based on the
4889     recorded specific facts and reasonable inferences drawn from those facts that a local
4890     government employee or volunteer is in violation of the drug-free workplace policy.
4891          (9) "Rehabilitation testing" means unannounced but preselected drug testing done as
4892     part of a program of counseling, education, and treatment of an employee or volunteer in

4893     conjunction with the drug-free workplace policy.
4894          (10) "Safety sensitive position" means any local governmental or state institution of
4895     higher education position involving duties which directly affects the safety of governmental
4896     employees, the general public, or positions where there is access to controlled substances, as
4897     defined in Title 58, Chapter 37, Utah Controlled Substances Act, during the course of
4898     performing job duties.
4899          (11) "Sample" means urine, blood, breath, saliva, or hair.
4900          (12) "State institution of higher education" means the institution as defined in Section
4901     53B-3-102.
4902          (13) "Volunteer" means any person who donates services as authorized by the local
4903     governmental entity or state institution of higher education without pay or other compensation
4904     except expenses actually and reasonably incurred.
4905          Section 69. Section 34-52-102 is amended to read:
4906          34-52-102. Definitions.
4907          As used in this chapter:
4908          (1) "Applicant" means an individual who provides information to a public or private
4909     employer for the purpose of obtaining employment.
4910          (2) (a) "Criminal conviction" means a verdict or finding of guilt after a criminal trial or
4911     a plea of guilty or nolo contendere to a criminal charge.
4912          (b) "Criminal conviction" does not include an expunged criminal conviction.
4913          (3) (a) "Private employer" means a person who has one or more employees employed
4914     in the same business, or in or about the same establishment, under any contract of hire, express
4915     or implied, oral or written.
4916          (b) "Private employer" does not include a public employer.
4917          (4) "Public employer" means an employer that is:
4918          (a) the state or any administrative subunit of the state, including a department, division,
4919     board, council, committee, institution, office, bureau, or other similar administrative unit of
4920     state government;
4921          (b) a state institution of higher education; or
4922          (c) a municipal corporation, county, municipality, school district, [local] special
4923     district, special service district, or other political subdivision of the state.

4924          Section 70. Section 35A-1-102 is amended to read:
4925          35A-1-102. Definitions.
4926          Unless otherwise specified, as used in this title:
4927          (1) "Client" means an individual who the department has determined to be eligible for
4928     services or benefits under:
4929          (a) Chapter 3, Employment Support Act; and
4930          (b) Chapter 5, Training and Workforce Improvement Act.
4931          (2) "Department" means the Department of Workforce Services created in Section
4932     35A-1-103.
4933          (3) "Economic service area" means an economic service area established in accordance
4934     with Chapter 2, Economic Service Areas.
4935          (4) "Employment assistance" means services or benefits provided by the department
4936     under:
4937          (a) Chapter 3, Employment Support Act; and
4938          (b) Chapter 5, Training and Workforce Improvement Act.
4939          (5) "Employment center" is a location in an economic service area where the services
4940     provided by an economic service area under Section 35A-2-201 may be accessed by a client.
4941          (6) "Employment counselor" means an individual responsible for developing an
4942     employment plan and coordinating the services and benefits under this title in accordance with
4943     Chapter 2, Economic Service Areas.
4944          (7) "Employment plan" means a written agreement between the department and a client
4945     that describes:
4946          (a) the relationship between the department and the client;
4947          (b) the obligations of the department and the client; and
4948          (c) the result if an obligation is not fulfilled by the department or the client.
4949          (8) "Executive director" means the executive director of the department appointed
4950     under Section 35A-1-201.
4951          (9) "Government entity" means the state or any county, municipality, [local] special
4952     district, special service district, or other political subdivision or administrative unit of the state,
4953     a state institution of higher education as defined in Section 53B-2-101, or a local education
4954     agency as defined in Section 53G-7-401.

4955          (10) "Public assistance" means:
4956          (a) services or benefits provided under Chapter 3, Employment Support Act;
4957          (b) medical assistance provided under Title 26, Chapter 18, Medical Assistance Act;
4958          (c) foster care maintenance payments provided from the General Fund or under Title
4959     IV-E of the Social Security Act;
4960          (d) SNAP benefits; and
4961          (e) any other public funds expended for the benefit of a person in need of financial,
4962     medical, food, housing, or related assistance.
4963          (11) "SNAP" means the federal "Supplemental Nutrition Assistance Program" under
4964     Title 7, U.S.C. Chapter 51, Supplemental Nutrition Assistance Program, formerly known as the
4965     federal Food Stamp Program.
4966          (12) "SNAP benefit" or "SNAP benefits" means a financial benefit, coupon, or
4967     privilege available under SNAP.
4968          (13) "Stabilization" means addressing the basic living, family care, and social or
4969     psychological needs of the client so that the client may take advantage of training or
4970     employment opportunities provided under this title or through other agencies or institutions.
4971          (14) "Vulnerable populations" means children or adults with a life situation that
4972     substantially affects that individual's ability to:
4973          (a) provide personal protection;
4974          (b) provide necessities such as food, shelter, clothing, or mental or other health care;
4975          (c) obtain services necessary for health, safety, or welfare;
4976          (d) carry out the activities of daily living;
4977          (e) manage the adult's own financial resources; or
4978          (f) comprehend the nature and consequences of remaining in a situation of abuse,
4979     neglect, or exploitation.
4980          Section 71. Section 36-11-102 is amended to read:
4981          36-11-102. Definitions.
4982          As used in this chapter:
4983          (1) "Aggregate daily expenditures" means:
4984          (a) for a single lobbyist, principal, or government officer, the total of all expenditures
4985     made within a calendar day by the lobbyist, principal, or government officer for the benefit of

4986     an individual public official;
4987          (b) for an expenditure made by a member of a lobbyist group, the total of all
4988     expenditures made within a calendar day by every member of the lobbyist group for the benefit
4989     of an individual public official; or
4990          (c) for a multiclient lobbyist, the total of all expenditures made by the multiclient
4991     lobbyist within a calendar day for the benefit of an individual public official, regardless of
4992     whether the expenditures were attributed to different clients.
4993          (2) "Approved activity" means an event, a tour, or a meeting:
4994          (a) (i) to which a legislator or another nonexecutive branch public official is invited;
4995     and
4996          (ii) attendance at which is approved by:
4997          (A) the speaker of the House of Representatives, if the public official is a member of
4998     the House of Representatives or another nonexecutive branch public official; or
4999          (B) the president of the Senate, if the public official is a member of the Senate or
5000     another nonexecutive branch public official; or
5001          (b) (i) to which a public official who holds a position in the executive branch of state
5002     government is invited; and
5003          (ii) attendance at which is approved by the governor or the lieutenant governor.
5004          (3) "Board of education" means:
5005          (a) a local school board described in Title 53G, Chapter 4, School Districts;
5006          (b) the State Board of Education;
5007          (c) the State Charter School Board created under Section 53G-5-201; or
5008          (d) a charter school governing board described in Title 53G, Chapter 5, Charter
5009     Schools.
5010          (4) "Capitol hill complex" means the same as that term is defined in Section
5011     63C-9-102.
5012          (5) (a) "Compensation" means anything of economic value, however designated, that is
5013     paid, loaned, granted, given, donated, or transferred to an individual for the provision of
5014     services or ownership before any withholding required by federal or state law.
5015          (b) "Compensation" includes:
5016          (i) a salary or commission;

5017          (ii) a bonus;
5018          (iii) a benefit;
5019          (iv) a contribution to a retirement program or account;
5020          (v) a payment includable in gross income, as defined in Section 62, Internal Revenue
5021     Code, and subject to social security deductions, including a payment in excess of the maximum
5022     amount subject to deduction under social security law;
5023          (vi) an amount that the individual authorizes to be deducted or reduced for salary
5024     deferral or other benefits authorized by federal law; or
5025          (vii) income based on an individual's ownership interest.
5026          (6) "Compensation payor" means a person who pays compensation to a public official
5027     in the ordinary course of business:
5028          (a) because of the public official's ownership interest in the compensation payor; or
5029          (b) for services rendered by the public official on behalf of the compensation payor.
5030          (7) "Education action" means:
5031          (a) a resolution, policy, or other official action for consideration by a board of
5032     education;
5033          (b) a nomination or appointment by an education official or a board of education;
5034          (c) a vote on an administrative action taken by a vote of a board of education;
5035          (d) an adjudicative proceeding over which an education official has direct or indirect
5036     control;
5037          (e) a purchasing or contracting decision;
5038          (f) drafting or making a policy, resolution, or rule;
5039          (g) determining a rate or fee; or
5040          (h) making an adjudicative decision.
5041          (8) "Education official" means:
5042          (a) a member of a board of education;
5043          (b) an individual appointed to or employed in a position under a board of education, if
5044     that individual:
5045          (i) occupies a policymaking position or makes purchasing or contracting decisions;
5046          (ii) drafts resolutions or policies or drafts or makes rules;
5047          (iii) determines rates or fees;

5048          (iv) makes decisions relating to an education budget or the expenditure of public
5049     money; or
5050          (v) makes adjudicative decisions; or
5051          (c) an immediate family member of an individual described in Subsection (8)(a) or (b).
5052          (9) "Event" means entertainment, a performance, a contest, or a recreational activity
5053     that an individual participates in or is a spectator at, including a sporting event, an artistic
5054     event, a play, a movie, dancing, or singing.
5055          (10) "Executive action" means:
5056          (a) a nomination or appointment by the governor;
5057          (b) the proposal, drafting, amendment, enactment, or defeat by a state agency of a rule
5058     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
5059          (c) agency ratemaking proceedings; or
5060          (d) an adjudicative proceeding of a state agency.
5061          (11) (a) "Expenditure" means any of the items listed in this Subsection (11)(a) when
5062     given to or for the benefit of a public official unless consideration of equal or greater value is
5063     received:
5064          (i) a purchase, payment, or distribution;
5065          (ii) a loan, gift, or advance;
5066          (iii) a deposit, subscription, or forbearance;
5067          (iv) services or goods;
5068          (v) money;
5069          (vi) real property;
5070          (vii) a ticket or admission to an event; or
5071          (viii) a contract, promise, or agreement, whether or not legally enforceable, to provide
5072     any item listed in Subsections (11)(a)(i) through (vii).
5073          (b) "Expenditure" does not mean:
5074          (i) a commercially reasonable loan made in the ordinary course of business;
5075          (ii) a campaign contribution:
5076          (A) reported in accordance with Title 20A, Chapter 11, Campaign and Financial
5077     Reporting Requirements, Section 10-3-208, Section 17-16-6.5, or any applicable ordinance
5078     adopted under Subsection 10-3-208(6) or 17-16-6.5(1); or

5079          (B) lawfully given to a person that is not required to report the contribution under a law
5080     or ordinance described in Subsection (11)(b)(ii)(A);
5081          (iii) printed informational material that is related to the performance of the recipient's
5082     official duties;
5083          (iv) a devise or inheritance;
5084          (v) any item listed in Subsection (11)(a) if:
5085          (A) given by a relative;
5086          (B) given by a compensation payor for a purpose solely unrelated to the public
5087     official's position as a public official;
5088          (C) the item is food or beverage with a value that does not exceed the food
5089     reimbursement rate, and the aggregate daily expenditures for food and beverage do not exceed
5090     the food reimbursement rate; or
5091          (D) the item is not food or beverage, has a value of less than $10, and the aggregate
5092     daily expenditures do not exceed $10;
5093          (vi) food or beverage that is provided at an event, a tour, or a meeting to which the
5094     following are invited:
5095          (A) all members of the Legislature;
5096          (B) all members of a standing or interim committee;
5097          (C) all members of an official legislative task force;
5098          (D) all members of a party caucus; or
5099          (E) all members of a group described in Subsections (11)(b)(vi)(A) through (D) who
5100     are attending a meeting of a national organization whose primary purpose is addressing general
5101     legislative policy;
5102          (vii) food or beverage that is provided at an event, a tour, or a meeting to a public
5103     official who is:
5104          (A) giving a speech at the event, tour, or meeting;
5105          (B) participating in a panel discussion at the event, tour, or meeting; or
5106          (C) presenting or receiving an award at the event, tour, or meeting;
5107          (viii) a plaque, commendation, or award that:
5108          (A) is presented in public; and
5109          (B) has the name of the individual receiving the plaque, commendation, or award

5110     inscribed, etched, printed, or otherwise permanently marked on the plaque, commendation, or
5111     award;
5112          (ix) a gift that:
5113          (A) is an item that is not consumable and not perishable;
5114          (B) a public official, other than a local official or an education official, accepts on
5115     behalf of the state;
5116          (C) the public official promptly remits to the state;
5117          (D) a property administrator does not reject under Section 63G-23-103;
5118          (E) does not constitute a direct benefit to the public official before or after the public
5119     official remits the gift to the state; and
5120          (F) after being remitted to the state, is not transferred, divided, distributed, or used to
5121     distribute a gift or benefit to one or more public officials in a manner that would otherwise
5122     qualify the gift as an expenditure if the gift were given directly to a public official;
5123          (x) any of the following with a cash value not exceeding $30:
5124          (A) a publication; or
5125          (B) a commemorative item;
5126          (xi) admission to or attendance at an event, a tour, or a meeting, the primary purpose of
5127     which is:
5128          (A) to solicit a contribution that is reportable under Title 20A, Chapter 11, Campaign
5129     and Financial Reporting Requirements, 2 U.S.C. Sec. 434, Section 10-3-208, Section
5130     17-16-6.5, or an applicable ordinance adopted under Subsection 10-3-208(6) or 17-16-6.5(1);
5131          (B) to solicit a campaign contribution that a person is not required to report under a law
5132     or ordinance described in Subsection (11)(b)(xi)(A); or
5133          (C) charitable solicitation, as defined in Section 13-22-2;
5134          (xii) travel to, lodging at, food or beverage served at, and admission to an approved
5135     activity;
5136          (xiii) sponsorship of an approved activity;
5137          (xiv) notwithstanding Subsection (11)(a)(vii), admission to, attendance at, or travel to
5138     or from an event, a tour, or a meeting:
5139          (A) that is sponsored by a governmental entity;
5140          (B) that is widely attended and related to a governmental duty of a public official;

5141          (C) for a local official, that is sponsored by an organization that represents only local
5142     governments, including the Utah Association of Counties, the Utah League of Cities and
5143     Towns, or the Utah Association of Special Districts; or
5144          (D) for an education official, that is sponsored by a public school, a charter school, or
5145     an organization that represents only public schools or charter schools, including the Utah
5146     Association of Public Charter Schools, the Utah School Boards Association, or the Utah
5147     School Superintendents Association; or
5148          (xv) travel to a widely attended tour or meeting related to a governmental duty of a
5149     public official if that travel results in a financial savings to:
5150          (A) for a public official who is not a local official or an education official, the state; or
5151          (B) for a public official who is a local official or an education official, the local
5152     government or board of education to which the public official belongs.
5153          (12) "Food reimbursement rate" means the total amount set by the director of the
5154     Division of Finance, by rule, under Section 63A-3-107, for in-state meal reimbursement, for an
5155     employee of the executive branch, for an entire day.
5156          (13) (a) "Foreign agent" means an individual who engages in lobbying under contract
5157     with a foreign government.
5158          (b) "Foreign agent" does not include an individual who is recognized by the United
5159     States Department of State as a duly accredited diplomatic or consular officer of a foreign
5160     government, including a duly accredited honorary consul.
5161          (14) "Foreign government" means a government other than the government of:
5162          (a) the United States;
5163          (b) a state within the United States;
5164          (c) a territory or possession of the United States; or
5165          (d) a political subdivision of the United States.
5166          (15) (a) "Government officer" means:
5167          (i) an individual elected to a position in state or local government, when acting in the
5168     capacity of the state or local government position;
5169          (ii) an individual elected to a board of education, when acting in the capacity of a
5170     member of a board of education;
5171          (iii) an individual appointed to fill a vacancy in a position described in Subsection

5172     (15)(a)(i) or (ii), when acting in the capacity of the position; or
5173          (iv) an individual appointed to or employed in a full-time position by state government,
5174     local government, or a board of education, when acting in the capacity of the individual's
5175     appointment or employment.
5176          (b) "Government officer" does not mean a member of the legislative branch of state
5177     government.
5178          (16) "Immediate family" means:
5179          (a) a spouse;
5180          (b) a child residing in the household; or
5181          (c) an individual claimed as a dependent for tax purposes.
5182          (17) "Legislative action" means:
5183          (a) a bill, resolution, amendment, nomination, veto override, or other matter pending or
5184     proposed in either house of the Legislature or its committees or requested by a legislator; and
5185          (b) the action of the governor in approving or vetoing legislation.
5186          (18) "Lobbying" means communicating with a public official for the purpose of
5187     influencing a legislative action, executive action, local action, or education action.
5188          (19) (a) "Lobbyist" means:
5189          (i) an individual who is employed by a principal; or
5190          (ii) an individual who contracts for economic consideration, other than reimbursement
5191     for reasonable travel expenses, with a principal to lobby a public official.
5192          (b) "Lobbyist" does not include:
5193          (i) a government officer;
5194          (ii) a member or employee of the legislative branch of state government;
5195          (iii) a person, including a principal, while appearing at, or providing written comments
5196     to, a hearing conducted in accordance with Title 63G, Chapter 3, Utah Administrative
5197     Rulemaking Act or Title 63G, Chapter 4, Administrative Procedures Act;
5198          (iv) a person participating on or appearing before an advisory or study task force,
5199     commission, board, or committee, constituted by the Legislature, a local government, a board
5200     of education, or any agency or department of state government, except legislative standing,
5201     appropriation, or interim committees;
5202          (v) a representative of a political party;

5203          (vi) an individual representing a bona fide church solely for the purpose of protecting
5204     the right to practice the religious doctrines of the church, unless the individual or church makes
5205     an expenditure that confers a benefit on a public official;
5206          (vii) a newspaper, television station or network, radio station or network, periodical of
5207     general circulation, or book publisher for the purpose of publishing news items, editorials,
5208     other comments, or paid advertisements that directly or indirectly urge legislative action,
5209     executive action, local action, or education action;
5210          (viii) an individual who appears on the individual's own behalf before a committee of
5211     the Legislature, an agency of the executive branch of state government, a board of education,
5212     the governing body of a local government, a committee of a local government, or a committee
5213     of a board of education, solely for the purpose of testifying in support of or in opposition to
5214     legislative action, executive action, local action, or education action; or
5215          (ix) an individual representing a business, entity, or industry, who:
5216          (A) interacts with a public official, in the public official's capacity as a public official,
5217     while accompanied by a registered lobbyist who is lobbying in relation to the subject of the
5218     interaction or while presenting at a legislative committee meeting at the same time that the
5219     registered lobbyist is attending another legislative committee meeting; and
5220          (B) does not make an expenditure for, or on behalf of, a public official in relation to the
5221     interaction or during the period of interaction.
5222          (20) "Lobbyist group" means two or more lobbyists, principals, government officers, or
5223     any combination of lobbyists, principals, and government officers, who each contribute a
5224     portion of an expenditure made to benefit a public official or member of the public official's
5225     immediate family.
5226          (21) "Local action" means:
5227          (a) an ordinance or resolution for consideration by a local government;
5228          (b) a nomination or appointment by a local official or a local government;
5229          (c) a vote on an administrative action taken by a vote of a local government's
5230     legislative body;
5231          (d) an adjudicative proceeding over which a local official has direct or indirect control;
5232          (e) a purchasing or contracting decision;
5233          (f) drafting or making a policy, resolution, or rule;

5234          (g) determining a rate or fee; or
5235          (h) making an adjudicative decision.
5236          (22) "Local government" means:
5237          (a) a county, city, town, or metro township;
5238          (b) a [local] special district governed by [Title 17B, Limited Purpose Local
5239     Government Entities - Local Districts] Title 17B, Limited Purpose Local Government Entities -
5240     Special Districts;
5241          (c) a special service district governed by Title 17D, Chapter 1, Special Service District
5242     Act;
5243          (d) a community reinvestment agency governed by Title 17C, Limited Purpose Local
5244     Government Entities - Community Reinvestment Agency Act;
5245          (e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
5246          (f) a redevelopment agency; or
5247          (g) an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter
5248     13, Interlocal Cooperation Act.
5249          (23) "Local official" means:
5250          (a) an elected member of a local government;
5251          (b) an individual appointed to or employed in a position in a local government if that
5252     individual:
5253          (i) occupies a policymaking position or makes purchasing or contracting decisions;
5254          (ii) drafts ordinances or resolutions or drafts or makes rules;
5255          (iii) determines rates or fees; or
5256          (iv) makes adjudicative decisions; or
5257          (c) an immediate family member of an individual described in Subsection (23)(a) or
5258     (b).
5259          (24) "Meeting" means a gathering of people to discuss an issue, receive instruction, or
5260     make a decision, including a conference, seminar, or summit.
5261          (25) "Multiclient lobbyist" means a single lobbyist, principal, or government officer
5262     who represents two or more clients and divides the aggregate daily expenditure made to benefit
5263     a public official or member of the public official's immediate family between two or more of
5264     those clients.

5265          (26) "Principal" means a person that employs an individual to perform lobbying, either
5266     as an employee or as an independent contractor.
5267          (27) "Public official" means:
5268          (a) (i) a member of the Legislature;
5269          (ii) an individual elected to a position in the executive branch of state government; or
5270          (iii) an individual appointed to or employed in a position in the executive or legislative
5271     branch of state government if that individual:
5272          (A) occupies a policymaking position or makes purchasing or contracting decisions;
5273          (B) drafts legislation or makes rules;
5274          (C) determines rates or fees; or
5275          (D) makes adjudicative decisions;
5276          (b) an immediate family member of a person described in Subsection (27)(a);
5277          (c) a local official; or
5278          (d) an education official.
5279          (28) "Public official type" means a notation to identify whether a public official is:
5280          (a) (i) a member of the Legislature;
5281          (ii) an individual elected to a position in the executive branch of state government;
5282          (iii) an individual appointed to or employed in a position in the legislative branch of
5283     state government who meets the definition of public official under Subsection (27)(a)(iii);
5284          (iv) an individual appointed to or employed in a position in the executive branch of
5285     state government who meets the definition of public official under Subsection (27)(a)(iii);
5286          (v) a local official, including a description of the type of local government for which
5287     the individual is a local official; or
5288          (vi) an education official, including a description of the type of board of education for
5289     which the individual is an education official; or
5290          (b) an immediate family member of an individual described in Subsection (27)(a), (c),
5291     or (d).
5292          (29) "Quarterly reporting period" means the three-month period covered by each
5293     financial report required under Subsection 36-11-201(2)(a).
5294          (30) "Related person" means a person, agent, or employee who knowingly and
5295     intentionally assists a lobbyist, principal, or government officer in lobbying.

5296          (31) "Relative" means:
5297          (a) a spouse;
5298          (b) a child, parent, grandparent, grandchild, brother, sister, parent-in-law,
5299     brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin; or
5300          (c) a spouse of an individual described in Subsection (31)(b).
5301          (32) "Tour" means visiting a location, for a purpose relating to the duties of a public
5302     official, and not primarily for entertainment, including:
5303          (a) viewing a facility;
5304          (b) viewing the sight of a natural disaster; or
5305          (c) assessing a circumstance in relation to which a public official may need to take
5306     action within the scope of the public official's duties.
5307          Section 72. Section 36-11-201 is amended to read:
5308          36-11-201. Lobbyist, principal, and government officer financial reporting
5309     requirements -- Prohibition for related person to make expenditures.
5310          (1) (a) (i) Except as provided in Subsection (1)(a)(ii), a lobbyist shall file financial
5311     reports with the lieutenant governor on or before the due dates specified in Subsection (2).
5312          (ii) A lobbyist who has not made an expenditure during a quarterly reporting period is
5313     not required to file a quarterly financial report for that quarterly reporting period.
5314          (iii) A lobbyist who is not required to file any quarterly reports under this section for a
5315     calendar year shall, on or before January 10 of the following year, file a financial report listing
5316     the amount of the expenditures for the entire preceding year as "none."
5317          (b) Except as provided in Subsection (1)(c), a government officer or principal that
5318     makes an expenditure during any of the quarterly reporting periods under Subsection (2)(a)
5319     shall file a financial report with the lieutenant governor on or before the date that a report for
5320     that quarter is due.
5321          (c) (i) As used in this Subsection (1)(c), "same local government type" means:
5322          (A) for a county government, the same county government or another county
5323     government;
5324          (B) for a municipal government, the same municipal government or another municipal
5325     government;
5326          (C) for a board of education, the same board of education;

5327          (D) for a local school board described in Title 53G, Chapter 4, School Districts, the
5328     same local school board or another local school board;
5329          (E) for a [local] special district, the same [local] special district or another [local]
5330     special district or a special service district;
5331          (F) for a special service district, the same special service district or another special
5332     service district or a [local] special district; or
5333          (G) for a participant in an interlocal agreement, another participant in the same
5334     interlocal agreement.
5335          (ii) A local official or an education official is not required, under this section, to report
5336     an expenditure made by the local official or education official to another local official or
5337     education official of the same local government type as the local official or education official
5338     making the expenditure.
5339          (2) (a) A financial report is due quarterly on the following dates:
5340          (i) April 10, for the period of January 1 through March 31;
5341          (ii) July 10, for the period of April 1 through June 30;
5342          (iii) October 10, for the period of July 1 through September 30; and
5343          (iv) January 10, for the period of October 1 through December 31 of the previous year.
5344          (b) If the due date for a financial report falls on a Saturday, Sunday, or legal holiday,
5345     the report is due on the next succeeding business day.
5346          (c) A financial report is timely filed if it is filed electronically before the close of
5347     regular office hours on or before the due date.
5348          (3) A financial report shall contain:
5349          (a) the total amount of expenditures made to benefit any public official during the
5350     quarterly reporting period;
5351          (b) the total amount of expenditures made, by the type of public official, during the
5352     quarterly reporting period;
5353          (c) for the financial report due on January 10:
5354          (i) the total amount of expenditures made to benefit any public official during the last
5355     calendar year; and
5356          (ii) the total amount of expenditures made, by the type of public official, during the last
5357     calendar year;

5358          (d) a disclosure of each expenditure made during the quarterly reporting period to
5359     reimburse or pay for travel or lodging for a public official, including:
5360          (i) each travel destination and each lodging location;
5361          (ii) the name of each public official who benefitted from the expenditure on travel or
5362     lodging;
5363          (iii) the public official type of each public official named;
5364          (iv) for each public official named, a listing of the amount and purpose of each
5365     expenditure made for travel or lodging; and
5366          (v) the total amount of expenditures listed under Subsection (3)(d)(iv);
5367          (e) a disclosure of aggregate daily expenditures greater than $10 made during the
5368     quarterly reporting period including:
5369          (i) the date and purpose of the expenditure;
5370          (ii) the location of the expenditure;
5371          (iii) the name of any public official benefitted by the expenditure;
5372          (iv) the type of the public official benefitted by the expenditure; and
5373          (v) the total monetary worth of the benefit that the expenditure conferred on any public
5374     official;
5375          (f) for each public official who was employed by the lobbyist, principal, or government
5376     officer, a list that provides:
5377          (i) the name of the public official; and
5378          (ii) the nature of the employment with the public official;
5379          (g) each bill or resolution, by number and short title, on behalf of which the lobbyist,
5380     principal, or government officer made an expenditure to a public official;
5381          (h) a description of each executive action on behalf of which the lobbyist, principal, or
5382     government officer made an expenditure to a public official;
5383          (i) a description of each local action or education action regarding which the lobbyist,
5384     principal, or government officer made an expenditure to a local official or education official;
5385          (j) the general purposes, interests, and nature of the entities that the lobbyist, principal,
5386     or government officer filing the report represents; and
5387          (k) for a lobbyist, a certification that the information provided in the report is true,
5388     accurate, and complete to the lobbyist's best knowledge and belief.

5389          (4) A related person may not, while assisting a lobbyist, principal, or government
5390     officer in lobbying, make an expenditure that benefits a public official under circumstances that
5391     would otherwise fall within the disclosure requirements of this chapter if the expenditure was
5392     made by the lobbyist, principal, or government officer.
5393          (5) The lieutenant governor shall:
5394          (a) (i) develop a preprinted form for a financial report required by this section; and
5395          (ii) make copies of the form available to a lobbyist, principal, or government officer
5396     who requests a form; and
5397          (b) provide a reporting system that allows a lobbyist, principal, or government officer
5398     to submit a financial report required by this chapter via the Internet.
5399          (6) (a) A lobbyist and a principal shall continue to file a financial report required by
5400     this section until the lobbyist or principal files a statement with the lieutenant governor that:
5401          (i) (A) for a lobbyist, states that the lobbyist has ceased lobbying activities; or
5402          (B) for a principal, states that the principal no longer employs an individual as a
5403     lobbyist;
5404          (ii) in the case of a lobbyist, states that the lobbyist is surrendering the lobbyist's
5405     license;
5406          (iii) contains a listing, as required by this section, of all previously unreported
5407     expenditures that have been made through the date of the statement; and
5408          (iv) states that the lobbyist or principal will not make any additional expenditure that is
5409     not disclosed on the statement unless the lobbyist or principal complies with the disclosure and
5410     licensing requirements of this chapter.
5411          (b) Except as provided in Subsection (1)(a)(ii), a lobbyist or principal that is required
5412     to file a financial report under this section is required to file the report quarterly until the
5413     lobbyist or principal files the statement required by Subsection (6)(a).
5414          Section 73. Section 36-11-304 is amended to read:
5415          36-11-304. Expenditures over certain amounts prohibited -- Exceptions.
5416          (1) Except as provided in Subsection (2) or (3), a lobbyist, principal, or government
5417     officer may not make or offer to make aggregate daily expenditures that exceed:
5418          (a) for food or beverage, the food reimbursement rate; or
5419          (b) $10 for expenditures other than food or beverage.

5420          (2) A lobbyist, principal, or government officer may make aggregate daily expenditures
5421     that exceed the limits described in Subsection (1):
5422          (a) for the following items, if the expenditure is reported in accordance with Section
5423     36-11-201:
5424          (i) food;
5425          (ii) beverage;
5426          (iii) travel;
5427          (iv) lodging; or
5428          (v) admission to or attendance at a tour or meeting that is not an approved activity; or
5429          (b) if the expenditure is made for a purpose solely unrelated to the public official's
5430     position as a public official.
5431          (3) (a) As used in this Subsection (3), "same local government type" means:
5432          (i) for a county government, the same county government or another county
5433     government;
5434          (ii) for a municipal government, the same municipal government or another municipal
5435     government;
5436          (iii) for a board of education, the same board of education;
5437          (iv) for a local school board described in Title 53G, Chapter 4, School Districts, the
5438     same local school board or another local school board;
5439          (v) for a [local] special district, the same [local] special district or another [local]
5440     special district or a special service district;
5441          (vi) for a special service district, the same special service district or another special
5442     service district or a [local] special district; or
5443          (vii) for a participant in an interlocal agreement, another participant in the same
5444     interlocal agreement.
5445          (b) This section does not apply to an expenditure made by a local official or an
5446     education official to another local official or education official of the same local government
5447     type as the local official or education official making the expenditure.
5448          Section 74. Section 36-12-13 is amended to read:
5449          36-12-13. Office of the Legislative Fiscal Analyst established -- Powers, functions,
5450     and duties -- Qualifications.

5451          (1) There is established an Office of the Legislative Fiscal Analyst as a permanent staff
5452     office for the Legislature.
5453          (2) The powers, functions, and duties of the Office of the Legislative Fiscal Analyst
5454     under the supervision of the fiscal analyst are:
5455          (a) (i) to estimate general revenue collections, including comparisons of:
5456          (A) current estimates for each major tax type to long-term trends for that tax type;
5457          (B) current estimates for federal fund receipts to long-term federal fund trends; and
5458          (C) current estimates for tax collections and federal fund receipts to long-term trends
5459     deflated for the inflationary effects of debt monetization; and
5460          (ii) to report the analysis required under Subsection (2)(a)(i) to the Legislature's
5461     Executive Appropriations Committee before each annual general session of the Legislature;
5462          (b) to analyze in detail the state budget before the convening of each legislative session
5463     and make recommendations to the Legislature on each item or program appearing in the
5464     budget, including:
5465          (i) funding for and performance of programs, acquisitions, and services currently
5466     undertaken by state government to determine whether each department, agency, institution, or
5467     program should:
5468          (A) continue at its current level of expenditure;
5469          (B) continue at a different level of expenditure; or
5470          (C) be terminated; and
5471          (ii) increases or decreases to spending authority and other resource allocations for the
5472     current and future fiscal years;
5473          (c) to prepare on all proposed bills fiscal estimates that reflect:
5474          (i) potential state government revenue impacts;
5475          (ii) anticipated state government expenditure changes;
5476          (iii) anticipated expenditure changes for county, municipal, [local] special district, or
5477     special service district governments; and
5478          (iv) anticipated direct expenditure by Utah residents and businesses, including the unit
5479     cost, number of units, and total cost to all impacted residents and businesses;
5480          (d) to indicate whether each proposed bill will impact the regulatory burden for Utah
5481     residents or businesses, and if so:

5482          (i) whether the impact increases or decreases the regulatory burden; and
5483          (ii) whether the change in burden is high, medium, or low;
5484          (e) beginning in 2017 and repeating every three years after 2017, to prepare the
5485     following cycle of analyses of long-term fiscal sustainability:
5486          (i) in year one, the joint revenue volatility report required under Section 63J-1-205;
5487          (ii) in year two, a long-term budget for programs appropriated from major funds and
5488     tax types; and
5489          (iii) in year three, a budget stress test comparing estimated future revenue to and
5490     expenditure from major funds and tax types under various potential economic conditions;
5491          (f) to report instances in which the administration may be failing to carry out the
5492     expressed intent of the Legislature;
5493          (g) to propose and analyze statutory changes for more effective operational economies
5494     or more effective administration;
5495          (h) to prepare, before each annual general session of the Legislature, a summary
5496     showing the current status of the following as compared to the past nine fiscal years:
5497          (i) debt;
5498          (ii) long-term liabilities;
5499          (iii) contingent liabilities;
5500          (iv) General Fund borrowing;
5501          (v) reserves;
5502          (vi) fund and nonlapsing balances; and
5503          (vii) cash funded capital investments;
5504          (i) to make recommendations for addressing the items described in Subsection (2)(h) in
5505     the upcoming annual general session of the Legislature;
5506          (j) to prepare, after each session of the Legislature, a summary showing the effect of
5507     the final legislative program on the financial condition of the state;
5508          (k) to conduct organizational and management improvement studies in accordance
5509     with Title 63J, Chapter 1, Part 9, Government Performance Reporting and Efficiency Process,
5510     and legislative rule;
5511          (l) to prepare and deliver upon request of any interim committee or the Legislative
5512     Management Committee, reports on the finances of the state and on anticipated or proposed

5513     requests for appropriations;
5514          (m) to recommend areas for research studies by the executive department or the interim
5515     committees;
5516          (n) to appoint and develop a professional staff within budget limitations;
5517          (o) to prepare and submit the annual budget request for the office;
5518          (p) to develop a taxpayer receipt:
5519          (i) available to taxpayers through a website; and
5520          (ii) that allows a taxpayer to view on the website an estimate of how the taxpayer's tax
5521     dollars are expended for government purposes; and
5522          (q) to publish or provide other information on taxation and government expenditures
5523     that may be accessed by the public.
5524          (3) The legislative fiscal analyst shall have a master's degree in public administration,
5525     political science, economics, accounting, or the equivalent in academic or practical experience.
5526          (4) In carrying out the duties provided for in this section, the legislative fiscal analyst
5527     may obtain access to all records, documents, and reports necessary to the scope of the
5528     legislative fiscal analyst's duties according to the procedures contained in Title 36, Chapter 14,
5529     Legislative Subpoena Powers.
5530          (5) The Office of the Legislative Fiscal Analyst shall provide any information the State
5531     Board of Education reports in accordance with Subsection 53E-3-507(7) to:
5532          (a) the chief sponsor of the proposed bill; and
5533          (b) upon request, any legislator.
5534          Section 75. Section 38-1b-102 is amended to read:
5535          38-1b-102. Definitions.
5536          As used in this chapter:
5537          (1) "Alternate means" means the same as that term is defined in Section 38-1a-102.
5538          (2) "Construction project" means the same as that term is defined in Section 38-1a-102.
5539          (3) "Construction work" means the same as that term is defined in Section 38-1a-102.
5540          (4) "Designated agent" means the same as that term is defined in Section 38-1a-102.
5541          (5) "Division" means the Division of Professional Licensing created in Section
5542     58-1-103.
5543          (6) "Government project" means a construction project undertaken by or for:

5544          (a) the state, including a department, division, or other agency of the state; or
5545          (b) a county, city, town, school district, [local] special district, special service district,
5546     community reinvestment agency, or other political subdivision of the state.
5547          (7) "Government project-identifying information" means:
5548          (a) the lot or parcel number of each lot included in the project property that has a lot or
5549     parcel number; or
5550          (b) the unique project number assigned by the designated agent.
5551          (8) "Original contractor" means the same as that term is defined in Section 38-1a-102.
5552          (9) "Owner" means the same as that term is defined in Section 38-1a-102.
5553          (10) "Owner-builder" means the same as that term is defined in Section 38-1a-102.
5554          (11) "Private project" means a construction project that is not a government project.
5555          (12) "Project property" means the same as that term is defined in Section 38-1a-102.
5556          (13) "Registry" means the same as that term is defined in Section 38-1a-102.
5557          Section 76. Section 38-9-102 is amended to read:
5558          38-9-102. Definitions.
5559          As used in this chapter:
5560          (1) "Affected person" means:
5561          (a) a person who is a record interest holder of the real property that is the subject of a
5562     recorded nonconsensual common law document; or
5563          (b) the person against whom a recorded nonconsensual common law document
5564     purports to reflect or establish a claim or obligation.
5565          (2) "Document sponsor" means a person who, personally or through a designee, signs
5566     or submits for recording a document that is, or is alleged to be, a nonconsensual common law
5567     document.
5568          (3) "Interest holder" means a person who holds or possesses a present, lawful property
5569     interest in certain real property, including an owner, title holder, mortgagee, trustee, or
5570     beneficial owner.
5571          (4) "Lien claimant" means a person claiming an interest in real property who offers a
5572     document for recording or filing with any county recorder in the state asserting a lien, or notice
5573     of interest, or other claim of interest in certain real property.
5574          (5) "Nonconsensual common law document" means a document that is submitted to a

5575     county recorder's office for recording against public official property that:
5576          (a) purports to create a lien or encumbrance on or a notice of interest in the real
5577     property;
5578          (b) at the time the document is recorded, is not:
5579          (i) expressly authorized by this chapter or a state or federal statute;
5580          (ii) authorized by or contained in an order or judgment of a court of competent
5581     jurisdiction; or
5582          (iii) signed by or expressly authorized by a document signed by the owner of the real
5583     property; and
5584          (c) is submitted in relation to the public official's status or capacity as a public official.
5585          (6) "Owner" means a person who has a vested ownership interest in real property.
5586          (7) "Political subdivision" means a county, city, town, school district, special
5587     improvement or taxing district, [local] special district, special service district, or other
5588     governmental subdivision or public corporation.
5589          (8) "Public official" means:
5590          (a) a current or former:
5591          (i) member of the Legislature;
5592          (ii) member of Congress;
5593          (iii) judge;
5594          (iv) member of law enforcement;
5595          (v) corrections officer;
5596          (vi) active member of the Utah State Bar; or
5597          (vii) member of the Board of Pardons and Parole;
5598          (b) an individual currently or previously appointed or elected to an elected position in:
5599          (i) the executive branch of state or federal government; or
5600          (ii) a political subdivision;
5601          (c) an individual currently or previously appointed to or employed in a position in a
5602     political subdivision, or state or federal government that:
5603          (i) is a policymaking position; or
5604          (ii) involves:
5605          (A) purchasing or contracting decisions;

5606          (B) drafting legislation or making rules;
5607          (C) determining rates or fees; or
5608          (D) making adjudicative decisions; or
5609          (d) an immediate family member of a person described in Subsections (8)(a) through
5610     (c).
5611          (9) "Public official property" means real property that has at least one record interest
5612     holder who is a public official.
5613          (10) (a) "Record interest holder" means a person who holds or possesses a present,
5614     lawful property interest in real property, including an owner, titleholder, mortgagee, trustee, or
5615     beneficial owner, and whose name and interest in that real property appears in the county
5616     recorder's records for the county in which the property is located.
5617          (b) "Record interest holder" includes any grantor in the chain of the title in real
5618     property.
5619          (11) "Record owner" means an owner whose name and ownership interest in certain
5620     real property is recorded or filed in the county recorder's records for the county in which the
5621     property is located.
5622          (12) "Wrongful lien" means any document that purports to create a lien, notice of
5623     interest, or encumbrance on an owner's interest in certain real property and at the time it is
5624     recorded is not:
5625          (a) expressly authorized by this chapter or another state or federal statute;
5626          (b) authorized by or contained in an order or judgment of a court of competent
5627     jurisdiction in the state; or
5628          (c) signed by or authorized pursuant to a document signed by the owner of the real
5629     property.
5630          Section 77. Section 45-1-101 is amended to read:
5631          45-1-101. Legal notice publication requirements.
5632          (1) As used in this section:
5633          (a) "Average advertisement rate" means:
5634          (i) in determining a rate for publication on the public legal notice website or in a
5635     newspaper that primarily distributes publications in a county of the third, fourth, fifth, or sixth
5636     class, a newspaper's gross advertising revenue for the preceding calendar quarter divided by the

5637     gross column-inch space used in the newspaper for advertising for the previous calendar
5638     quarter; or
5639          (ii) in determining a rate for publication in a newspaper that primarily distributes
5640     publications in a county of the first or second class, a newspaper's average rate for all
5641     qualifying advertising segments for the preceding calendar quarter for an advertisement:
5642          (A) published in the same section of the newspaper as the legal notice; and
5643          (B) of the same column-inch space as the legal notice.
5644          (b) "Column-inch space" means a unit of space that is one standard column wide by
5645     one inch high.
5646          (c) "Gross advertising revenue" means the total revenue obtained by a newspaper from
5647     all of its qualifying advertising segments.
5648          (d) (i) "Legal notice" means:
5649          (A) a communication required to be made public by a state statute or state agency rule;
5650     or
5651          (B) a notice required for judicial proceedings or by judicial decision.
5652          (ii) "Legal notice" does not include:
5653          (A) a public notice published by a public body in accordance with the provisions of
5654     Sections 52-4-202 and 63A-16-601; or
5655          (B) a notice of delinquency in the payment of property taxes described in Section
5656     59-2-1332.5.
5657          [(e) "Local district" is as defined in Section 17B-1-102.]
5658          [(f)] (e) "Public legal notice website" means the website described in Subsection (2)(b)
5659     for the purpose of publishing a legal notice online.
5660          [(g)] (f) (i) "Qualifying advertising segment" means, except as provided in Subsection
5661     [(1)(g)(ii)] (1)(f)(ii), a category of print advertising sold by a newspaper, including classified
5662     advertising, line advertising, and display advertising.
5663          (ii) "Qualifying advertising segment" does not include legal notice advertising.
5664          (g) "Special district" means the same as that term is defined in Section 17B-1-102.
5665          (h) "Special service district" [is as] means the same as that term is defined in Section
5666     17D-1-102.
5667          (2) Except as provided in Subsections (8) and (9), notwithstanding any other legal

5668     notice provision established by law, a person required by law to publish legal notice shall
5669     publish the notice:
5670          (a) (i) as required by the statute establishing the legal notice requirement; or
5671          (ii) by serving legal notice, by certified mail or in person, directly on all parties for
5672     whom the statute establishing the legal notice requirement requires legal notice, if:
5673          (A) the direct service of legal notice does not replace publication in a newspaper that
5674     primarily distributes publications in a county of the third, fourth, fifth, or sixth class;
5675          (B) the statute clearly identifies the parties;
5676          (C) the person can prove that the person has identified all parties for whom notice is
5677     required; and
5678          (D) the person keeps a record of the service for at least two years; and
5679          (b) on a public legal notice website established by the combined efforts of Utah's
5680     newspapers that collectively distribute newspapers to the majority of newspaper subscribers in
5681     the state.
5682          (3) The public legal notice website shall:
5683          (a) be available for viewing and searching by the general public, free of charge; and
5684          (b) accept legal notice posting from any newspaper in the state.
5685          (4) A person that publishes legal notice as required under Subsection (2) is not relieved
5686     from complying with an otherwise applicable requirement under Title 52, Chapter 4, Open and
5687     Public Meetings Act.
5688          (5) If legal notice is required by law and one option for complying with the
5689     requirement is publication in a newspaper, or if a [local] special district or a special service
5690     district publishes legal notice in a newspaper, the newspaper:
5691          (a) may not charge more for publication than the newspaper's average advertisement
5692     rate; and
5693          (b) shall publish the legal notice on the public legal notice website at no additional
5694     cost.
5695          (6) If legal notice is not required by law, if legal notice is required by law and the
5696     person providing legal notice, in accordance with the requirements of law, chooses not to
5697     publish the legal notice in a newspaper, or if a [local] special district or a special service district
5698     with an annual operating budget of less than $250,000 chooses to publish a legal notice on the

5699     public notice website without publishing the complete notice in the newspaper, a newspaper:
5700          (a) may not charge more than an amount equal to 15% of the newspaper's average
5701     advertisement rate for publishing five column lines in the newspaper to publish legal notice on
5702     the public legal notice website;
5703          (b) may not require that the legal notice be published in the newspaper; and
5704          (c) at the request of the person publishing on the legal notice website, shall publish in
5705     the newspaper up to five column lines, at no additional charge, that briefly describe the legal
5706     notice and provide the web address where the full public legal notice can be found.
5707          (7) If a newspaper offers to publish the type of legal notice described in Subsection (5),
5708     it may not refuse to publish the type of legal notice described in Subsection (6).
5709          (8) Notwithstanding the requirements of a statute that requires the publication of legal
5710     notice, if legal notice is required by law to be published by a [local] special district or a special
5711     service district with an annual operating budget of $250,000 or more, the [local] special district
5712     or special service district shall satisfy its legal notice publishing requirements by:
5713          (a) mailing a written notice, postage prepaid:
5714          (i) to each voter in the [local] special district or special service district; and
5715          (ii) that contains the information required by the statute that requires the publication of
5716     legal notice; or
5717          (b) publishing the legal notice in a newspaper and on the legal public notice website as
5718     described in Subsection (5).
5719          (9) Notwithstanding the requirements of a statute that requires the publication of legal
5720     notice, if legal notice is required by law to be published by a [local] special district or a special
5721     service district with an annual operating budget of less than $250,000, the [local] special
5722     district or special service district shall satisfy its legal notice publishing requirements by:
5723          (a) mailing a written notice, postage prepaid:
5724          (i) to each voter in the [local] special district or special service district; and
5725          (ii) that contains the information required by the statute that requires the publication of
5726     legal notice; or
5727          (b) publishing the legal notice in a newspaper and on the public legal notice website as
5728     described in Subsection (5); or
5729          (c) publishing the legal notice on the public legal notice website as described in

5730     Subsection (6).
5731          Section 78. Section 49-11-102 is amended to read:
5732          49-11-102. Definitions.
5733          As used in this title:
5734          (1) (a) "Active member" means a member who:
5735          (i) is employed by a participating employer and accruing service credit; or
5736          (ii) within the previous 120 days:
5737          (A) has been employed by a participating employer; and
5738          (B) accrued service credit.
5739          (b) "Active member" does not include a retiree.
5740          (2) "Actuarial equivalent" means a benefit of equal value when computed upon the
5741     basis of mortality tables as recommended by the actuary and adopted by the executive director,
5742     including regular interest.
5743          (3) "Actuarial interest rate" means the interest rate as recommended by the actuary and
5744     adopted by the board upon which the funding of system costs and benefits are computed.
5745          (4) (a) "Agency" means:
5746          (i) a department, division, agency, office, authority, commission, board, institution, or
5747     hospital of the state;
5748          (ii) a county, municipality, school district, [local] special district, or special service
5749     district;
5750          (iii) a state college or university; or
5751          (iv) any other participating employer.
5752          (b) "Agency" does not include an entity listed under Subsection (4)(a)(i) that is a
5753     subdivision of another entity listed under Subsection (4)(a).
5754          (5) "Allowance" or "retirement allowance" means the pension plus the annuity,
5755     including any cost of living or other authorized adjustments to the pension and annuity.
5756          (6) "Alternate payee" means a member's former spouse or family member eligible to
5757     receive payments under a Domestic Relations Order in compliance with Section 49-11-612.
5758          (7) "Amortization rate" means the board certified percent of salary required to amortize
5759     the unfunded actuarial accrued liability in accordance with policies established by the board
5760     upon the advice of the actuary.

5761          (8) "Annuity" means monthly payments derived from member contributions.
5762          (9) "Appointive officer" means an employee appointed to a position for a definite and
5763     fixed term of office by official and duly recorded action of a participating employer whose
5764     appointed position is designated in the participating employer's charter, creation document, or
5765     similar document, and:
5766          (a) who earns $500 or more per month, indexed as of January 1, 1990, as provided in
5767     Section 49-12-407 for a Tier I appointive officer; and
5768          (b) whose appointive position is full-time as certified by the participating employer for
5769     a Tier II appointive officer.
5770          (10) (a) "At-will employee" means a person who is employed by a participating
5771     employer and:
5772          (i) who is not entitled to merit or civil service protection and is generally considered
5773     exempt from a participating employer's merit or career service personnel systems;
5774          (ii) whose on-going employment status is entirely at the discretion of the person's
5775     employer; or
5776          (iii) who may be terminated without cause by a designated supervisor, manager, or
5777     director.
5778          (b) "At-will employee" does not include a career employee who has obtained a
5779     reasonable expectation of continued employment based on inclusion in a participating
5780     employer's merit system, civil service protection system, or career service personnel systems,
5781     policies, or plans.
5782          (11) "Beneficiary" means any person entitled to receive a payment under this title
5783     through a relationship with or designated by a member, participant, covered individual, or
5784     alternate payee of a defined contribution plan.
5785          (12) "Board" means the Utah State Retirement Board established under Section
5786     49-11-202.
5787          (13) "Board member" means a person serving on the Utah State Retirement Board as
5788     established under Section 49-11-202.
5789          (14) "Board of Higher Education" or "Utah Board of Higher Education" means the
5790     Utah Board of Higher Education described in Section 53B-1-402.
5791          (15) "Certified contribution rate" means the board certified percent of salary paid on

5792     behalf of an active member to the office to maintain the system on a financially and actuarially
5793     sound basis.
5794          (16) "Contributions" means the total amount paid by the participating employer and the
5795     member into a system or to the Utah Governors' and Legislators' Retirement Plan under
5796     Chapter 19, Utah Governors' and Legislators' Retirement Act.
5797          (17) "Council member" means a person serving on the Membership Council
5798     established under Section 49-11-205.
5799          (18) "Covered individual" means any individual covered under Chapter 20, Public
5800     Employees' Benefit and Insurance Program Act.
5801          (19) "Current service" means covered service under:
5802          (a) Chapter 12, Public Employees' Contributory Retirement Act;
5803          (b) Chapter 13, Public Employees' Noncontributory Retirement Act;
5804          (c) Chapter 14, Public Safety Contributory Retirement Act;
5805          (d) Chapter 15, Public Safety Noncontributory Retirement Act;
5806          (e) Chapter 16, Firefighters' Retirement Act;
5807          (f) Chapter 17, Judges' Contributory Retirement Act;
5808          (g) Chapter 18, Judges' Noncontributory Retirement Act;
5809          (h) Chapter 19, Utah Governors' and Legislators' Retirement Act;
5810          (i) Chapter 22, New Public Employees' Tier II Contributory Retirement Act; or
5811          (j) Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act.
5812          (20) "Defined benefit" or "defined benefit plan" or "defined benefit system" means a
5813     system or plan offered under this title to provide a specified allowance to a retiree or a retiree's
5814     spouse after retirement that is based on a set formula involving one or more of the following
5815     factors:
5816          (a) years of service;
5817          (b) final average monthly salary; or
5818          (c) a retirement multiplier.
5819          (21) "Defined contribution" or "defined contribution plan" means any defined
5820     contribution plan or deferred compensation plan authorized under the Internal Revenue Code
5821     and administered by the board.
5822          (22) "Educational institution" means a political subdivision or instrumentality of the

5823     state or a combination thereof primarily engaged in educational activities or the administration
5824     or servicing of educational activities, including:
5825          (a) the State Board of Education and its instrumentalities;
5826          (b) any institution of higher education and its branches;
5827          (c) any school district and its instrumentalities;
5828          (d) any vocational and technical school; and
5829          (e) any entity arising out of a consolidation agreement between entities described under
5830     this Subsection (22).
5831          (23) "Elected official":
5832          (a) means a person elected to a state office, county office, municipal office, school
5833     board or school district office, [local] special district office, or special service district office;
5834          (b) includes a person who is appointed to serve an unexpired term of office described
5835     under Subsection (23)(a); and
5836          (c) does not include a judge or justice who is subject to a retention election under
5837     Section 20A-12-201.
5838          (24) (a) "Employer" means any department, educational institution, or political
5839     subdivision of the state eligible to participate in a government-sponsored retirement system
5840     under federal law.
5841          (b) "Employer" may also include an agency financed in whole or in part by public
5842     funds.
5843          (25) "Exempt employee" means an employee working for a participating employer:
5844          (a) who is not eligible for service credit under Section 49-12-203, 49-13-203,
5845     49-14-203, 49-15-203, or 49-16-203; and
5846          (b) for whom a participating employer is not required to pay contributions or
5847     nonelective contributions.
5848          (26) "Final average monthly salary" means the amount computed by dividing the
5849     compensation received during the final average salary period under each system by the number
5850     of months in the final average salary period.
5851          (27) "Fund" means any fund created under this title for the purpose of paying benefits
5852     or costs of administering a system, plan, or program.
5853          (28) (a) "Inactive member" means a member who has not been employed by a

5854     participating employer for a period of at least 120 days.
5855          (b) "Inactive member" does not include retirees.
5856          (29) (a) "Initially entering" means hired, appointed, or elected for the first time, in
5857     current service as a member with any participating employer.
5858          (b) "Initially entering" does not include a person who has any prior service credit on
5859     file with the office.
5860          (c) "Initially entering" includes an employee of a participating employer, except for an
5861     employee that is not eligible under a system or plan under this title, who:
5862          (i) does not have any prior service credit on file with the office;
5863          (ii) is covered by a retirement plan other than a retirement plan created under this title;
5864     and
5865          (iii) moves to a position with a participating employer that is covered by this title.
5866          (30) "Institution of higher education" means an institution described in Section
5867     53B-1-102.
5868          (31) (a) "Member" means a person, except a retiree, with contributions on deposit with
5869     a system, the Utah Governors' and Legislators' Retirement Plan under Chapter 19, Utah
5870     Governors' and Legislators' Retirement Act, or with a terminated system.
5871          (b) "Member" also includes leased employees within the meaning of Section 414(n)(2)
5872     of the Internal Revenue Code, if the employees have contributions on deposit with the office.
5873     If leased employees constitute less than 20% of the participating employer's work force that is
5874     not highly compensated within the meaning of Section 414(n)(5)(c)(ii), Internal Revenue Code,
5875     "member" does not include leased employees covered by a plan described in Section 414(n)(5)
5876     of the federal Internal Revenue Code.
5877          (32) "Member contributions" means the sum of the contributions paid to a system or
5878     the Utah Governors' and Legislators' Retirement Plan, including refund interest if allowed by a
5879     system, and which are made by:
5880          (a) the member; and
5881          (b) the participating employer on the member's behalf under Section 414(h) of the
5882     Internal Revenue Code.
5883          (33) "Nonelective contribution" means an amount contributed by a participating
5884     employer into a participant's defined contribution account.

5885          (34) "Normal cost rate":
5886          (a) means the percent of salary that is necessary for a retirement system that is fully
5887     funded to maintain its fully funded status; and
5888          (b) is determined by the actuary based on the assumed rate of return established by the
5889     board.
5890          (35) "Office" means the Utah State Retirement Office.
5891          (36) "Participant" means an individual with voluntary deferrals or nonelective
5892     contributions on deposit with the defined contribution plans administered under this title.
5893          (37) "Participating employer" means a participating employer, as defined by Chapter
5894     12, Public Employees' Contributory Retirement Act, Chapter 13, Public Employees'
5895     Noncontributory Retirement Act, Chapter 14, Public Safety Contributory Retirement Act,
5896     Chapter 15, Public Safety Noncontributory Retirement Act, Chapter 16, Firefighters'
5897     Retirement Act, Chapter 17, Judges' Contributory Retirement Act, and Chapter 18, Judges'
5898     Noncontributory Retirement Act, or an agency financed in whole or in part by public funds
5899     which is participating in a system or plan as of January 1, 2002.
5900          (38) "Part-time appointed board member" means a person:
5901          (a) who is appointed to serve as a member of a board, commission, council, committee,
5902     or panel of a participating employer; and
5903          (b) whose service as a part-time appointed board member does not qualify as a regular
5904     full-time employee as defined under Section 49-12-102, 49-13-102, or 49-22-102.
5905          (39) "Pension" means monthly payments derived from participating employer
5906     contributions.
5907          (40) "Plan" means the Utah Governors' and Legislators' Retirement Plan created by
5908     Chapter 19, Utah Governors' and Legislators' Retirement Act, the New Public Employees' Tier
5909     II Defined Contribution Plan created by Chapter 22, Part 4, Tier II Defined Contribution Plan,
5910     the New Public Safety and Firefighter Tier II Defined Contribution Plan created by Chapter 23,
5911     Part 4, Tier II Defined Contribution Plan, or the defined contribution plans created under
5912     Section 49-11-801.
5913          (41) (a) "Political subdivision" means any local government entity, including cities,
5914     towns, counties, and school districts, but only if the subdivision is a juristic entity that is legally
5915     separate and distinct from the state and only if its employees are not by virtue of their

5916     relationship to the entity employees of the state.
5917          (b) "Political subdivision" includes [local] special districts, special service districts, or
5918     authorities created by the Legislature or by local governments, including the office.
5919          (c) "Political subdivision" does not include a project entity created under Title 11,
5920     Chapter 13, Interlocal Cooperation Act, that was formed prior to July 1, 1987.
5921          (42) "Program" means the Public Employees' Insurance Program created under Chapter
5922     20, Public Employees' Benefit and Insurance Program Act, or the Public Employees'
5923     Long-Term Disability program created under Chapter 21, Public Employees' Long-Term
5924     Disability Act.
5925          (43) "Public funds" means those funds derived, either directly or indirectly, from public
5926     taxes or public revenue, dues or contributions paid or donated by the membership of the
5927     organization, used to finance an activity whose objective is to improve, on a nonprofit basis,
5928     the governmental, educational, and social programs and systems of the state or its political
5929     subdivisions.
5930          (44) "Qualified defined contribution plan" means a defined contribution plan that
5931     meets the requirements of Section 401(k) or Section 403(b) of the Internal Revenue Code.
5932          (45) "Refund interest" means the amount accrued on member contributions at a rate
5933     adopted by the board.
5934          (46) "Retiree" means an individual who has qualified for an allowance under this title.
5935          (47) "Retirement" means the status of an individual who has become eligible, applies
5936     for, and is entitled to receive an allowance under this title.
5937          (48) "Retirement date" means the date selected by the member on which the member's
5938     retirement becomes effective with the office.
5939          (49) "Retirement related contribution":
5940          (a) means any employer payment to any type of retirement plan or program made on
5941     behalf of an employee; and
5942          (b) does not include Social Security payments or Social Security substitute payments
5943     made on behalf of an employee.
5944          (50) "Service credit" means:
5945          (a) the period during which an employee is employed and compensated by a
5946     participating employer and meets the eligibility requirements for membership in a system or the

5947     Utah Governors' and Legislators' Retirement Plan, provided that any required contributions are
5948     paid to the office; and
5949          (b) periods of time otherwise purchasable under this title.
5950          (51) "Surviving spouse" means:
5951          (a) the lawful spouse who has been married to a member for at least six months
5952     immediately before the death date of the member; or
5953          (b) a former lawful spouse of a member with a valid domestic relations order benefits
5954     on file with the office before the member's death date in accordance with Section 49-11-612.
5955          (52) "System" means the individual retirement systems created by Chapter 12, Public
5956     Employees' Contributory Retirement Act, Chapter 13, Public Employees' Noncontributory
5957     Retirement Act, Chapter 14, Public Safety Contributory Retirement Act, Chapter 15, Public
5958     Safety Noncontributory Retirement Act, Chapter 16, Firefighters' Retirement Act, Chapter 17,
5959     Judges' Contributory Retirement Act, Chapter 18, Judges' Noncontributory Retirement Act, and
5960     Chapter 19, Utah Governors' and Legislators' Retirement Act, the defined benefit portion of the
5961     Tier II Hybrid Retirement System under Chapter 22, Part 3, Tier II Hybrid Retirement System,
5962     and the defined benefit portion of the Tier II Hybrid Retirement System under Chapter 23, Part
5963     3, Tier II Hybrid Retirement System.
5964          (53) "Technical college" means the same as that term is defined in Section
5965     53B-1-101.5.
5966          (54) "Tier I" means a system or plan under this title for which:
5967          (a) an employee is eligible to participate if the employee initially enters regular
5968     full-time employment before July 1, 2011; or
5969          (b) a governor or legislator who initially enters office before July 1, 2011.
5970          (55) (a) "Tier II" means a system or plan under this title provided in lieu of a Tier I
5971     system or plan for an employee, governor, legislator, or full-time elected official who does not
5972     have Tier I service credit in a system or plan under this title:
5973          (i) if the employee initially enters regular full-time employment on or after July 1,
5974     2011; or
5975          (ii) if the governor, legislator, or full-time elected official initially enters office on or
5976     after July 1, 2011.
5977          (b) "Tier II" includes:

5978          (i) the Tier II hybrid system established under:
5979          (A) Chapter 22, Part 3, Tier II Hybrid Retirement System; or
5980          (B) Chapter 23, Part 3, Tier II Hybrid Retirement System; and
5981          (ii) the Tier II Defined Contribution Plan (Tier II DC Plan) established under:
5982          (A) Chapter 22, Part 4, Tier II Defined Contribution Plan; or
5983          (B) Chapter 23, Part 4, Tier II Defined Contribution Plan.
5984          (56) "Unfunded actuarial accrued liability" or "UAAL":
5985          (a) is determined by the system's actuary; and
5986          (b) means the excess, if any, of the accrued liability of a retirement system over the
5987     actuarial value of its assets.
5988          (57) "Voluntary deferrals" means an amount contributed by a participant into that
5989     participant's defined contribution account.
5990          Section 79. Section 49-11-205 is amended to read:
5991          49-11-205. Membership Council established -- Members -- Chair -- Duties --
5992     Expenses and per diem.
5993          (1) There is established a Membership Council to perform the duties under Subsection
5994     (5).
5995          (2) The Membership Council shall be composed of 15 council members selected as
5996     follows:
5997          (a) three council members shall be school employees selected by the governing board
5998     of an association representative of a majority of school employees who are members of a
5999     system administered by the board;
6000          (b) one council member shall be a classified school employee selected by the
6001     governing board of the association representative of a majority of classified school employees
6002     who are members of a system administered by the board;
6003          (c) two council members shall be public employees selected by the governing board of
6004     the association representative of a majority of the public employees who are members of a
6005     system administered by the board;
6006          (d) one council member shall be a municipal officer or employee selected by the
6007     governing board of the association representative of a majority of the municipalities who
6008     participate in a system administered by the board;

6009          (e) one council member shall be a county officer or employee selected by the governing
6010     board of the association representative of a majority of counties who participate in a system
6011     administered by the board;
6012          (f) one council member shall be a representative of members of the Judges'
6013     Noncontributory Retirement System selected by the Judicial Council;
6014          (g) one council member shall be a representative of members of the Public Safety
6015     Retirement Systems selected by the governing board of the association representative of the
6016     majority of peace officers who are members of the Public Safety Retirement Systems;
6017          (h) one council member shall be a representative of members of the Firefighters'
6018     Retirement System selected by the governing board of the association representative of the
6019     majority of paid professional firefighters who are members of the Firefighters' Retirement
6020     System;
6021          (i) one council member shall be a retiree selected by the governing board of the
6022     association representing the largest number of retirees, who are not public education retirees,
6023     from the Public Employees' Contributory, Public Employees' Noncontributory, and New Public
6024     Employees' Tier II Contributory Retirement Systems;
6025          (j) one council member shall be a retiree selected by the governing board of the
6026     association representing the largest number of public education retirees;
6027          (k) one council member shall be a school business official selected by the governing
6028     board of the association representative of a majority of the school business officials from
6029     public education employers who participate in a system administered by the board; and
6030          (l) one council member shall be a special district officer or employee selected by the
6031     governing board of the association representing the largest number of special service districts
6032     and [local] special districts who participate in a system administered by the board.
6033          (3) (a) Each entity granted authority to select council members under Subsection (2)
6034     may also revoke the selection at any time.
6035          (b) Each term on the council shall be for a period of four years, subject to Subsection
6036     (3)(a).
6037          (c) Each term begins on July 1 and expires on June 30.
6038          (d) When a vacancy occurs on the council for any reason, the replacement shall be
6039     selected for the remainder of the unexpired term.

6040          (4) The council shall annually designate one council member as chair.
6041          (5) The council shall:
6042          (a) recommend to the board and to the Legislature benefits and policies for members of
6043     any system or plan administered by the board;
6044          (b) recommend procedures and practices to improve the administration of the systems
6045     and plans and the public employee relations responsibilities of the board and office;
6046          (c) examine the record of all decisions affecting retirement benefits made by a hearing
6047     officer under Section 49-11-613;
6048          (d) submit nominations to the board for the position of executive director if that
6049     position is vacant;
6050          (e) advise and counsel with the board and the director on policies affecting members of
6051     the various systems administered by the office; and
6052          (f) perform other duties assigned to it by the board.
6053          (6) A member of the council may not receive compensation or benefits for the
6054     member's service, but may receive per diem and travel expenses in accordance with:
6055          (a) Section 63A-3-106;
6056          (b) Section 63A-3-107; and
6057          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
6058     63A-3-107.
6059          Section 80. Section 51-4-2 is amended to read:
6060          51-4-2. Deposits by political subdivisions.
6061          (1) As used in this section:
6062          (a) "Officer" means each:
6063          (i) county treasurer, county auditor, county assessor, county clerk, clerk of the district
6064     court, city treasurer, city clerk, justice court judge; and
6065          (ii) other officer of a political subdivision.
6066          (b) "Political subdivision" means a county, city, town, school district, [local] special
6067     district, and special service district.
6068          (2) (a) Each officer shall deposit all public funds daily, if practicable, but no later than
6069     once every three banking days.
6070          (b) Each officer shall deposit all public funds only in qualified depositories unless the

6071     public funds need to be deposited in a bank outside Utah in order to provide for:
6072          (i) payment of maturing bonds or other evidences of indebtedness; or
6073          (ii) payment of the interest on bonds or other evidences of indebtedness.
6074          (3) (a) (i) Each officer shall require all checks to be made payable to the office of the
6075     officer receiving funds or to the political subdivision's treasurer.
6076          (ii) An officer may not accept a check unless it is made payable to the office of the
6077     officer receiving funds or to the political subdivision's treasurer.
6078          (b) Each officer shall deposit all money the officer collects into an account controlled
6079     by the political subdivision's treasurer.
6080          (4) (a) Except as provided in Subsection (4)(b) and unless a shorter time for depositing
6081     funds is otherwise required by law, each political subdivision that has collected funds that are
6082     due to the state or to another political subdivision of the state shall, on or before the tenth day
6083     of each month, pay all of those funds that were receipted during the last month:
6084          (i) to a qualified depository for the credit of the appropriate public treasurer; or
6085          (ii) to the appropriate public treasurer.
6086          (b) Property tax collections shall be apportioned and paid according to Section
6087     59-2-1365.
6088          Section 81. Section 51-7-3 is amended to read:
6089          51-7-3. Definitions.
6090          As used in this chapter:
6091          (1) "Agent" means "agent" as defined in Section 61-1-13.
6092          (2) "Certified dealer" means:
6093          (a) a primary reporting dealer recognized by the Federal Reserve Bank of New York
6094     who is certified by the director as having met the applicable criteria of council rule; or
6095          (b) a broker dealer who:
6096          (i) has and maintains an office and a resident registered principal in the state;
6097          (ii) meets the capital requirements established by council rules;
6098          (iii) meets the requirements for good standing established by council rule; and
6099          (iv) is certified by the director as meeting quality criteria established by council rule.
6100          (3) "Certified investment adviser" means a federal covered adviser, as defined in
6101     Section 61-1-13, or an investment adviser, as defined in Section 61-1-13, who is certified by

6102     the director as having met the applicable criteria of council rule.
6103          (4) "Commissioner" means the commissioner of financial institutions.
6104          (5) "Council" means the State Money Management Council created by Section
6105     51-7-16.
6106          (6) "Covered bond" means a publicly placed debt security issued by a bank, other
6107     regulated financial institution, or a subsidiary of either that is secured by a pool of loans that
6108     remain on the balance sheet of the issuer or its subsidiary.
6109          (7) "Director" means the director of the Utah State Division of Securities of the
6110     Department of Commerce.
6111          (8) (a) "Endowment funds" means gifts, devises, or bequests of property of any kind
6112     donated to a higher education institution from any source.
6113          (b) "Endowment funds" does not mean money used for the general operation of a
6114     higher education institution that is received by the higher education institution from:
6115          (i) state appropriations;
6116          (ii) federal contracts;
6117          (iii) federal grants;
6118          (iv) private research grants; and
6119          (v) tuition and fees collected from students.
6120          (9) "First tier commercial paper" means commercial paper rated by at least two
6121     nationally recognized statistical rating organizations in the highest short-term rating category.
6122          (10) "Funds functioning as endowments" means funds, regardless of source, whose
6123     corpus is intended to be held in perpetuity by formal institutional designation according to the
6124     institution's policy for designating those funds.
6125          (11) "GASB" or "Governmental Accounting Standards Board" means the
6126     Governmental Accounting Standards Board that is responsible for accounting standards used
6127     by public entities.
6128          (12) "Hard put" means an unconditional sell-back provision or a redemption provision
6129     applicable at issue to a note or bond, allowing holders to sell their holdings back to the issuer
6130     or to an equal or higher-rated third party provider at specific intervals and specific prices
6131     determined at the time of issuance.
6132          (13) "Higher education institution" means the institutions specified in Section

6133     53B-1-102.
6134          (14) "Investment adviser representative" is as defined in Section 61-1-13.
6135          (15) (a) "Investment agreement" means any written agreement that has specifically
6136     negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate.
6137          (b) "Investment agreement" includes any agreement to supply investments on one or
6138     more future dates.
6139          (16) "Local government" means a county, municipality, school district, [local] special
6140     district under [Title 17B, Limited Purpose Local Government Entities - Local Districts] Title
6141     17B, Limited Purpose Local Government Entities - Special Districts, special service district
6142     under Title 17D, Chapter 1, Special Service District Act, or any other political subdivision of
6143     the state.
6144          (17) "Market value" means market value as defined in the Master Repurchase
6145     Agreement.
6146          (18) "Master Repurchase Agreement" means the current standard Master Repurchase
6147     Agreement approved by the Public Securities Association or by any successor organization.
6148          (19) "Maximum amount" means, with respect to qualified depositories, the total
6149     amount of:
6150          (a) deposits in excess of the federal deposit insurance limit; and
6151          (b) nonqualifying repurchase agreements.
6152          (20) "Money market mutual fund" means an open-end managed investment fund:
6153          (a) that complies with the diversification, quality, and maturity requirements of Rule
6154     2a-7 or any successor rule of the Securities and Exchange Commission applicable to money
6155     market mutual funds; and
6156          (b) that assesses no sales load on the purchase of shares and no contingent deferred
6157     sales charge or other similar charges, however designated.
6158          (21) "Nationally recognized statistical rating organization" means an organization that
6159     has been designated as a nationally recognized statistical rating organization by the Securities
6160     and Exchange Commission's Division of Market Regulation.
6161          (22) "Nonqualifying repurchase agreement" means a repurchase agreement evidencing
6162     indebtedness of a qualified depository arising from the transfer of obligations of the United
6163     States Treasury or other authorized investments to public treasurers that is:

6164          (a) evidenced by a safekeeping receipt issued by the qualified depository;
6165          (b) included in the depository's maximum amount of public funds; and
6166          (c) valued and maintained at market value plus an appropriate margin collateral
6167     requirement based upon the term of the agreement and the type of securities acquired.
6168          (23) "Operating funds" means current balances and other funds that are to be disbursed
6169     for operation of the state government or any of its boards, commissions, institutions,
6170     departments, divisions, agencies, or other similar instrumentalities, or any county, city, school
6171     district, political subdivision, or other public body.
6172          (24) "Permanent funds" means funds whose principal may not be expended, the
6173     earnings from which are to be used for purposes designated by law.
6174          (25) "Permitted depository" means any out-of-state financial institution that meets
6175     quality criteria established by rule of the council.
6176          (26) "Public funds" means money, funds, and accounts, regardless of the source from
6177     which the money, funds, and accounts are derived, that are owned, held, or administered by the
6178     state or any of its boards, commissions, institutions, departments, divisions, agencies, bureaus,
6179     laboratories, or other similar instrumentalities, or any county, city, school district, political
6180     subdivision, or other public body.
6181          (27) (a) "Public money" means "public funds."
6182          (b) "Public money," as used in Article VII, Sec. 15, Utah Constitution, means the same
6183     as "state funds."
6184          (28) "Public treasurer" includes the state treasurer and the official of any state board,
6185     commission, institution, department, division, agency, or other similar instrumentality, or of
6186     any county, city, school district, charter school, political subdivision, or other public body who
6187     has the responsibility for the safekeeping and investment of any public funds.
6188          (29) "Qualified depository" means a Utah depository institution or an out-of-state
6189     depository institution, as those terms are defined in Section 7-1-103, that is authorized to
6190     conduct business in this state under Section 7-1-702 or Title 7, Chapter 19, Acquisition of
6191     Failing Depository Institutions or Holding Companies, whose deposits are insured by an
6192     agency of the federal government and that has been certified by the commissioner of financial
6193     institutions as having met the requirements established under this chapter and the rules of the
6194     council to be eligible to receive deposits of public funds.

6195          (30) "Qualifying repurchase agreement" means a repurchase agreement evidencing
6196     indebtedness of a financial institution or government securities dealer acting as principal
6197     arising from the transfer of obligations of the United States Treasury or other authorized
6198     investments to public treasurers only if purchased securities are:
6199          (a) delivered to the public treasurer's safekeeping agent or custodian as contemplated
6200     by Section 7 of the Master Repurchase Agreement; and
6201          (b) valued and maintained at market value plus an appropriate margin collateral
6202     requirement based upon the term of the agreement and the type of securities acquired.
6203          (31) "Reciprocal deposits" means deposits that are initially deposited into a qualified
6204     depository and are then redeposited through a deposit account registry service:
6205          (a) in one or more FDIC-insured depository institutions in amounts up to the relevant
6206     FDIC-insured deposit limit for a depositor in each depository institution; and
6207          (b) in exchange for reciprocal FDIC-insured deposits made through the deposit account
6208     registry service to the qualified depository.
6209          (32) "Securities division" means Utah's Division of Securities created within the
6210     Department of Commerce by Section 13-1-2.
6211          (33) "State funds" means:
6212          (a) public money raised by operation of law for the support and operation of the state
6213     government; and
6214          (b) all other money, funds, and accounts, regardless of the source from which the
6215     money, funds, or accounts are derived, that are owned, held, or administered by the state or any
6216     of its boards, commissions, institutions, departments, divisions, agencies, bureaus, laboratories,
6217     or other similar instrumentalities.
6218          Section 82. Section 52-4-203 is amended to read:
6219          52-4-203. Written minutes of open meetings -- Public records -- Recording of
6220     meetings.
6221          (1) Except as provided under Subsection (7), written minutes and a recording shall be
6222     kept of all open meetings.
6223          (2) (a) Written minutes of an open meeting shall include:
6224          (i) the date, time, and place of the meeting;
6225          (ii) the names of members present and absent;

6226          (iii) the substance of all matters proposed, discussed, or decided by the public body
6227     which may include a summary of comments made by members of the public body;
6228          (iv) a record, by individual member, of each vote taken by the public body;
6229          (v) the name of each person who:
6230          (A) is not a member of the public body; and
6231          (B) after being recognized by the presiding member of the public body, provided
6232     testimony or comments to the public body;
6233          (vi) the substance, in brief, of the testimony or comments provided by the public under
6234     Subsection (2)(a)(v); and
6235          (vii) any other information that is a record of the proceedings of the meeting that any
6236     member requests be entered in the minutes or recording.
6237          (b) A public body may satisfy the requirement under Subsection (2)(a)(iii) or (vi) that
6238     minutes include the substance of matters proposed, discussed, or decided or the substance of
6239     testimony or comments by maintaining a publicly available online version of the minutes that
6240     provides a link to the meeting recording at the place in the recording where the matter is
6241     proposed, discussed, or decided or the testimony or comments provided.
6242          (c) A public body that has members who were elected to the public body shall satisfy
6243     the requirement described in Subsection (2)(a)(iv) by recording each vote:
6244          (i) in list format;
6245          (ii) by category for each action taken by a member, including yes votes, no votes, and
6246     absent members; and
6247          (iii) by each member's name.
6248          (3) A recording of an open meeting shall:
6249          (a) be a complete and unedited record of all open portions of the meeting from the
6250     commencement of the meeting through adjournment of the meeting; and
6251          (b) be properly labeled or identified with the date, time, and place of the meeting.
6252          (4) (a) As used in this Subsection (4):
6253          (i) "Approved minutes" means written minutes:
6254          (A) of an open meeting; and
6255          (B) that have been approved by the public body that held the open meeting.
6256          (ii) "Electronic information" means information presented or provided in an electronic

6257     format.
6258          (iii) "Pending minutes" means written minutes:
6259          (A) of an open meeting; and
6260          (B) that have been prepared in draft form and are subject to change before being
6261     approved by the public body that held the open meeting.
6262          (iv) "Specified local public body" means a legislative body of a county, city, town, or
6263     metro township.
6264          (v) "State public body" means a public body that is an administrative, advisory,
6265     executive, or legislative body of the state.
6266          (vi) "State website" means the Utah Public Notice Website created under Section
6267     63A-16-601.
6268          (b) Pending minutes, approved minutes, and a recording of a public meeting are public
6269     records under Title 63G, Chapter 2, Government Records Access and Management Act.
6270          (c) Pending minutes shall contain a clear indication that the public body has not yet
6271     approved the minutes or that the minutes are subject to change until the public body approves
6272     them.
6273          (d) A public body shall require an individual who, at an open meeting of the public
6274     body, publicly presents or provides electronic information, relating to an item on the public
6275     body's meeting agenda, to provide the public body, at the time of the meeting, an electronic or
6276     hard copy of the electronic information for inclusion in the public record.
6277          (e) A state public body shall:
6278          (i) make pending minutes available to the public within 30 days after holding the open
6279     meeting that is the subject of the pending minutes;
6280          (ii) within three business days after approving written minutes of an open meeting:
6281          (A) post to the state website a copy of the approved minutes and any public materials
6282     distributed at the meeting;
6283          (B) make the approved minutes and public materials available to the public at the
6284     public body's primary office; and
6285          (C) if the public body provides online minutes under Subsection (2)(b), post approved
6286     minutes that comply with Subsection (2)(b) and the public materials on the public body's
6287     website; and

6288          (iii) within three business days after holding an open meeting, post on the state website
6289     an audio recording of the open meeting, or a link to the recording.
6290          (f) A specified local public body shall:
6291          (i) make pending minutes available to the public within 30 days after holding the open
6292     meeting that is the subject of the pending minutes;
6293          (ii) within three business days after approving written minutes of an open meeting,
6294     post and make available a copy of the approved minutes and any public materials distributed at
6295     the meeting, as provided in Subsection (4)(e)(ii); and
6296          (iii) within three business days after holding an open meeting, make an audio recording
6297     of the open meeting available to the public for listening.
6298          (g) A public body that is not a state public body or a specified local public body shall:
6299          (i) make pending minutes available to the public within a reasonable time after holding
6300     the open meeting that is the subject of the pending minutes;
6301          (ii) within three business days after approving written minutes of an open meeting:
6302          (A) post and make available a copy of the approved minutes and any public materials
6303     distributed at the meeting, as provided in Subsection (4)(e)(ii); or
6304          (B) comply with Subsections (4)(e)(ii)(B) and (C) and post to the state website a link to
6305     a website on which the approved minutes and any public materials distributed at the meeting
6306     are posted; and
6307          (iii) within three business days after holding an open meeting, make an audio recording
6308     of the open meeting available to the public for listening.
6309          (h) A public body shall establish and implement procedures for the public body's
6310     approval of the written minutes of each meeting.
6311          (i) Approved minutes of an open meeting are the official record of the meeting.
6312          (5) All or any part of an open meeting may be independently recorded by any person in
6313     attendance if the recording does not interfere with the conduct of the meeting.
6314          (6) The written minutes or recording of an open meeting that are required to be
6315     retained permanently shall be maintained in or converted to a format that meets long-term
6316     records storage requirements.
6317          (7) Notwithstanding Subsection (1), a recording is not required to be kept of:
6318          (a) an open meeting that is a site visit or a traveling tour, if no vote or action is taken

6319     by the public body; or
6320          (b) an open meeting of a [local] special district under [Title 17B, Limited Purpose
6321     Local Government Entities - Local Districts] Title 17B, Limited Purpose Local Government
6322     Entities - Special Districts, or special service district under Title 17D, Chapter 1, Special
6323     Service District Act, if the district's annual budgeted expenditures for all funds, excluding
6324     capital expenditures and debt service, are $50,000 or less.
6325          Section 83. Section 52-8-102 is amended to read:
6326          52-8-102. Definitions.
6327          As used in this chapter:
6328          (1) "Attribution" means to be responsible for the truth, correctness, and accuracy of a
6329     report.
6330          (2) "Chief executive officer" means:
6331          (a) the governor, for the state;
6332          (b) the chair of the county commission or the county executive, for a county; and
6333          (c) the mayor, for a municipality, or if governed under a council-manager form of
6334     government, the chair of the council.
6335          (3) "Government entity" includes the state, its agencies and institutions, each county,
6336     municipality, school district, [local] special district, and special service district in Utah.
6337          (4) "Promotional literature" means reports whose primary or secondary purpose is to
6338     provide nonresidents with information about the government entity that produced the report.
6339          (5) (a) "Report" means each account, statement, record of proceedings, summary of
6340     activities, and other written or printed document required by statute that is prepared or
6341     produced by a government entity that is distributed to the public.
6342          (b) "Report" does not mean written or printed documents whose primary purpose is to
6343     provide biographical information about government officials.
6344          Section 84. Section 53-2a-203 is amended to read:
6345          53-2a-203. Definitions.
6346          As used in this part:
6347          (1) "Chief executive officer" means:
6348          (a) for a municipality:
6349          (i) the mayor for a municipality operating under all forms of municipal government

6350     except the council-manager form of government; or
6351          (ii) the city manager for a municipality operating under the council-manager form of
6352     government;
6353          (b) for a county:
6354          (i) the chair of the county commission for a county operating under the county
6355     commission or expanded county commission form of government;
6356          (ii) the county executive officer for a county operating under the county-executive
6357     council form of government; or
6358          (iii) the county manager for a county operating under the council-manager form of
6359     government;
6360          (c) for a special service district:
6361          (i) the chief executive officer of the county or municipality that created the special
6362     service district if authority has not been delegated to an administrative control board as
6363     provided in Section 17D-1-301;
6364          (ii) the chair of the administrative control board to which authority has been delegated
6365     as provided in Section 17D-1-301; or
6366          (iii) the general manager or other officer or employee to whom authority has been
6367     delegated by the governing body of the special service district as provided in Section
6368     17D-1-301; or
6369          (d) for a [local] special district:
6370          (i) the chair of the board of trustees selected as provided in Section 17B-1-309; or
6371          (ii) the general manager or other officer or employee to whom authority has been
6372     delegated by the board of trustees.
6373          (2) "Executive action" means any of the following actions by the governor during a
6374     state of emergency:
6375          (a) an order, a rule, or a regulation made by the governor as described in Section
6376     53-2a-209;
6377          (b) an action by the governor to suspend or modify a statute as described in Subsection
6378     53-2a-204(1)(j); or
6379          (c) an action by the governor to suspend the enforcement of a statute as described in
6380     Subsection 53-2a-209(4).

6381          (3) "Exigent circumstances" means a significant change in circumstances following the
6382     expiration of a state of emergency declared in accordance with this chapter that:
6383          (a) substantially increases the threat to public safety or health relative to the
6384     circumstances in existence when the state of emergency expired;
6385          (b) poses an imminent threat to public safety or health; and
6386          (c) was not known or foreseen and could not have been known or foreseen at the time
6387     the state of emergency expired.
6388          (4) "Legislative emergency response committee" means the Legislative Emergency
6389     Response Committee created in Section 53-2a-218.
6390          (5) "Local emergency" means a condition in any municipality or county of the state
6391     which requires that emergency assistance be provided by the affected municipality or county or
6392     another political subdivision to save lives and protect property within its jurisdiction in
6393     response to a disaster, or to avoid or reduce the threat of a disaster.
6394          (6) "Long-term state of emergency" means a state of emergency:
6395          (a) that lasts longer than 30 days; or
6396          (b) declared to respond to exigent circumstances as described in Subsection
6397     53-2a-206(3).
6398          (7) "Political subdivision" means a municipality, county, special service district, or
6399     [local] special district.
6400          Section 85. Section 53-2a-302 is amended to read:
6401          53-2a-302. Definitions.
6402          As used in this part:
6403          (1) "Emergency responder":
6404          (a) means a person in the public or private sector:
6405          (i) who has special skills, qualification, training, knowledge, or experience, whether or
6406     not possessing a license, certificate, permit, or other official recognition for the skills,
6407     qualification, training, knowledge, or experience, that would benefit a participating political
6408     subdivision in responding to a locally declared emergency or in an authorized drill or exercise;
6409     and
6410          (ii) whom a participating political subdivision requests or authorizes to assist in
6411     responding to a locally declared emergency or in an authorized drill or exercise; and

6412          (b) includes:
6413          (i) a law enforcement officer;
6414          (ii) a firefighter;
6415          (iii) an emergency medical services worker;
6416          (iv) a physician, physician assistant, nurse, or other public health worker;
6417          (v) an emergency management official;
6418          (vi) a public works worker;
6419          (vii) a building inspector;
6420          (viii) an architect, engineer, or other design professional; or
6421          (ix) a person with specialized equipment operations skills or training or with any other
6422     skills needed to provide aid in a declared emergency.
6423          (2) "Participating political subdivision" means each county, municipality, public safety
6424     district, and public safety interlocal entity that has not adopted a resolution under Section
6425     53-2a-306 withdrawing itself from the statewide mutual aid system.
6426          (3) "Public safety district" means a [local] special district under [Title 17B, Limited
6427     Purpose Local Government Entities - Local Districts] Title 17B, Limited Purpose Local
6428     Government Entities - Special Districts, or special service district under Title 17D, Chapter 1,
6429     Special Service District Act, that provides public safety service.
6430          (4) "Public safety interlocal entity" means an interlocal entity under Title 11, Chapter
6431     13, Interlocal Cooperation Act, that provides public safety service.
6432          (5) "Public safety service" means a service provided to the public to protect life and
6433     property and includes fire protection, police protection, emergency medical service, and
6434     hazardous material response service.
6435          (6) "Requesting political subdivision" means a participating political subdivision that
6436     requests emergency assistance under Section 53-2a-207 from one or more other participating
6437     political subdivisions.
6438          (7) "Responding political subdivision" means a participating political subdivision that
6439     responds to a request under Section 53-2a-307 from a requesting political subdivision.
6440          (8) "State" means the state of Utah.
6441          (9) "Statewide mutual aid system" or "system" means the aggregate of all participating
6442     political subdivisions and the state.

6443          Section 86. Section 53-2a-305 is amended to read:
6444          53-2a-305. Agreements not affected by this part.
6445          Nothing in this part may be construed:
6446          (1) to limit the state, a county, municipality, [local] special district, special service
6447     district, or interlocal entity from entering into an agreement allowed by law for public safety
6448     and related purposes; or
6449          (2) to affect an agreement to which the state, a county, municipality, [local] special
6450     district, special service district, or interlocal entity is a party.
6451          Section 87. Section 53-2a-602 is amended to read:
6452          53-2a-602. Definitions.
6453          (1) Unless otherwise defined in this section, the terms that are used in this part mean
6454     the same as those terms are defined in Part 1, Emergency Management Act.
6455          (2) As used in this part:
6456          (a) "Agent of the state" means any representative of a state agency, local agency, or
6457     non-profit entity that agrees to provide support to a requesting intrastate or interstate
6458     government entity that has declared an emergency or disaster and has requested assistance
6459     through the division.
6460          (b) "Declared disaster" means one or more events:
6461          (i) within the state;
6462          (ii) that occur within a limited period of time;
6463          (iii) that involve:
6464          (A) a significant number of persons being at risk of bodily harm, sickness, or death; or
6465          (B) a significant portion of real property at risk of loss;
6466          (iv) that are sudden in nature and generally occur less frequently than every three years;
6467     and
6468          (v) that results in:
6469          (A) the president of the United States declaring an emergency or major disaster in the
6470     state;
6471          (B) the governor declaring a state of emergency under [Title 53, Chapter 2a, Part 2,
6472     Disaster Response and Recovery Act] Part 2 Disaster Response and Recovery Act; or
6473          (C) the chief executive officer of a local government declaring a local emergency under

6474     Part 2, Disaster Response and Recovery Act.
6475          (c) "Disaster recovery account" means the State Disaster Recovery Restricted Account
6476     created in Section 53-2a-603.
6477          (d) (i) "Emergency disaster services" means:
6478          (A) evacuation;
6479          (B) shelter;
6480          (C) medical triage;
6481          (D) emergency transportation;
6482          (E) repair of infrastructure;
6483          (F) safety services, including fencing or roadblocks;
6484          (G) sandbagging;
6485          (H) debris removal;
6486          (I) temporary bridges;
6487          (J) procurement and distribution of food, water, or ice;
6488          (K) procurement and deployment of generators;
6489          (L) rescue or recovery;
6490          (M) emergency protective measures; or
6491          (N) services similar to those described in Subsections (2)(d)(i)(A) through (M), as
6492     defined by the division by rule, that are generally required in response to a declared disaster.
6493          (ii) "Emergency disaster services" does not include:
6494          (A) emergency preparedness; or
6495          (B) notwithstanding whether or not a county participates in the Wildland Fire
6496     Suppression Fund created in Section 65A-8-204, any fire suppression or presuppression costs
6497     that may be paid for from the Wildland Fire Suppression Fund if the county participates in the
6498     Wildland Fire Suppression Fund.
6499          (e) "Emergency preparedness" means the following done for the purpose of being
6500     prepared for an emergency as defined by the division by rule made in accordance with Title
6501     63G, Chapter 3, Utah Administrative Rulemaking Act:
6502          (i) the purchase of equipment;
6503          (ii) the training of personnel; or
6504          (iii) the obtaining of a certification.

6505          (f) "Governing body" means:
6506          (i) for a county, city, or town, the legislative body of the county, city, or town;
6507          (ii) for a [local] special district, the board of trustees of the [local] special district; and
6508          (iii) for a special service district:
6509          (A) the legislative body of the county, city, or town that established the special service
6510     district, if no administrative control board has been appointed under Section 17D-1-301; or
6511          (B) the administrative control board of the special service district, if an administrative
6512     control board has been appointed under Section 17D-1-301.
6513          [(g) "Local district" means the same as that term is defined in Section 17B-1-102.]
6514          [(h)] (g) "Local fund" means a local government disaster fund created in accordance
6515     with Section 53-2a-605.
6516          [(i)] (h) "Local government" means:
6517          (i) a county;
6518          (ii) a city or town; or
6519          (iii) a [local] special district or special service district that:
6520          (A) operates a water system;
6521          (B) provides transportation service;
6522          (C) provides, operates, and maintains correctional and rehabilitative facilities and
6523     programs for municipal, state, and other detainees and prisoners;
6524          (D) provides consolidated 911 and emergency dispatch service;
6525          (E) operates an airport; or
6526          (F) operates a sewage system.
6527          (i) "Special district" means the same as that term is defined in Section 17B-1-102.
6528          (j) "Special fund" means a fund other than a general fund of a local government that is
6529     created for a special purpose established under the uniform system of budgeting, accounting,
6530     and reporting.
6531          (k) "Special service district" means the same as that term is defined in Section
6532     17D-1-102.
6533          (l) "State's prime interest rate" means the average interest rate paid by the state on
6534     general obligation bonds issued during the most recent fiscal year in which bonds were sold.
6535          Section 88. Section 53-2a-605 is amended to read:

6536          53-2a-605. Local government disaster funds.
6537          (1) (a) Subject to this section and notwithstanding anything to the contrary contained in
6538     Title 10, Utah Municipal Code, or Title 17, Counties, [Title 17B, Limited Purpose Local
6539     Government Entities - Local Districts] Title 17B, Limited Purpose Local Government Entities -
6540     Special Districts, or Title 17D, Chapter 1, Special Service District Act, the governing body of a
6541     local government may create and maintain by ordinance a special fund known as a local
6542     government disaster fund.
6543          (b) The local fund shall consist of:
6544          (i) subject to the limitations of this section, money transferred to it in accordance with
6545     Subsection (2);
6546          (ii) any other public or private money received by the local government that is:
6547          (A) given to the local government for purposes consistent with this section; and
6548          (B) deposited into the local fund at the request of:
6549          (I) the governing body of the local government; or
6550          (II) the person giving the money; and
6551          (iii) interest or income realized from the local fund.
6552          (c) Interest or income realized from the local fund shall be deposited into the local
6553     fund.
6554          (d) Money in a local fund may be:
6555          (i) deposited or invested as provided in Section 51-7-11; or
6556          (ii) transferred by the local government treasurer to the state treasurer under Section
6557     51-7-5 for the state treasurer's management and control under Title 51, Chapter 7, State Money
6558     Management Act.
6559          (e) (i) The money in a local fund may accumulate from year to year until the local
6560     government governing body determines to spend any money in the local fund for one or more
6561     of the purposes specified in Subsection (3).
6562          (ii) Money in a local fund at the end of a fiscal year:
6563          (A) shall remain in the local fund for future use; and
6564          (B) may not be transferred to any other fund or used for any other purpose.
6565          (2) The amounts transferred to a local fund may not exceed 10% of the total estimated
6566     revenues of the local government for the current fiscal period that are not restricted or

6567     otherwise obligated.
6568          (3) Money in the fund may only be used to fund the services and activities of the local
6569     government creating the local fund in response to:
6570          (a) a declared disaster within the boundaries of the local government;
6571          (b) the aftermath of the disaster that gave rise to a declared disaster within the
6572     boundaries of the local government; and
6573          (c) subject to Subsection (5), emergency preparedness.
6574          (4) (a) A local fund is subject to this part and:
6575          (i) in the case of a town, Title 10, Chapter 5, Uniform Fiscal Procedures Act for Utah
6576     Towns, except that:
6577          (A) in addition to the funds listed in Section 10-5-106, the mayor shall prepare a
6578     budget for the local fund;
6579          (B) Section 10-5-119 addressing termination of special funds does not apply to a local
6580     fund; and
6581          (C) the council of the town may not authorize an interfund loan under Section
6582     10-5-120 from the local fund;
6583          (ii) in the case of a city, Title 10, Chapter 6, Uniform Fiscal Procedures Act for Utah
6584     Cities, except that:
6585          (A) in addition to the funds listed in Section 10-6-109, the mayor shall prepare a
6586     budget for the local fund;
6587          (B) Section 10-6-131 addressing termination of special funds does not apply to a local
6588     fund; and
6589          (C) the governing body of the city may not authorize an interfund loan under Section
6590     10-6-132 from the local fund; and
6591          (iii) in the case of a county, Title 17, Chapter 36, Uniform Fiscal Procedures Act for
6592     Counties, except that:
6593          (A) Section 17-36-29 addressing termination of special funds does not apply to a local
6594     fund; and
6595          (B) the governing body of the county may not authorize an interfund loan under
6596     Section 17-36-30 from the local fund;
6597          (iv) in the case of a [local] special district or special service district, [Title 17B,

6598     Chapter 1, Part 6, Fiscal Procedures for Local Districts] Title 17B, Chapter 1, Part 6, Fiscal
6599     Procedures for Special Districts, except that:
6600          (A) Section 17B-1-625, addressing termination of a special fund, does not apply to a
6601     local fund; and
6602          (B) the governing body of the [local] special district or special service district may not
6603     authorize an interfund loan under Section 17B-1-626 from the local fund; and
6604          (v) in the case of an interlocal entity, Title 11, Chapter 13, Part 5, Fiscal Procedures for
6605     Interlocal Entities, except for the following provisions:
6606          (A) Section 11-13-522 addressing termination of a special fund does not apply to a
6607     local fund; and
6608          (B) the governing board of the interlocal entity may not authorize an interfund loan
6609     under Section 11-13-523 from the local fund.
6610          (b) Notwithstanding Subsection (4)(a), transfers of money to a local fund or the
6611     accumulation of money in a local fund do not affect any limits on fund balances, net assets, or
6612     the accumulation of retained earnings in any of the following of a local government:
6613          (i) a general fund;
6614          (ii) an enterprise fund;
6615          (iii) an internal service fund; or
6616          (iv) any other fund.
6617          (5) (a) A local government may not expend during a fiscal year more than 10% of the
6618     money budgeted to be deposited into a local fund during that fiscal year for emergency
6619     preparedness.
6620          (b) The amount described in Subsection (5)(a) shall be determined before the adoption
6621     of the tentative budget.
6622          Section 89. Section 53-2a-1301 is amended to read:
6623          53-2a-1301. Definitions.
6624          As used in the part:
6625          (1) "Account" means the Post Disaster Recovery and Mitigation Restricted Account
6626     created in Section 53-2a-1302.
6627          (2) "Affected community" means a community directly affected by an ongoing or
6628     recent disaster.

6629          (3) "Chief executive officer" means the same as that term is defined in Section
6630     53-2a-203.
6631          (4) "Community" means a county, municipality, [local] special district, or special
6632     service district.
6633          (5) "Costs not recoverable" include:
6634          (a) the county threshold; and
6635          (b) costs covered by insurance or federal government grants, including funding
6636     provided to the state by FEMA's Public Assistance grant program described in 44 C.F.R.
6637     Chapter 1, Subchapter D, Part 206.
6638          (6) "County threshold" means, for each county, the countywide per capita indicator
6639     established by FEMA for the state, multiplied by the population of the county as determined by
6640     the division.
6641          (7) "Disaster recovery" means action taken to remove debris, implement life-saving
6642     emergency protective measures, or repair, replace, or restore facilities in response to a disaster.
6643          (8) "Disaster recovery grant" means money granted to an affected community for
6644     disaster recovery that amounts to not more than 75% of the difference between the cost of
6645     disaster recovery, as determined by the division after reviewing the official damage assessment,
6646     and costs not recoverable.
6647          (9) "FEMA" means the Federal Emergency Management Agency.
6648          (10) "Post hazard mitigation" means action taken, after a natural disaster, to reduce or
6649     eliminate risk to people or property that may occur as a result of the long-term effects of the
6650     natural disaster or a subsequent natural disaster, including action to prevent damage caused by
6651     flooding, earthquake, dam failure, wildfire, landslide, severe weather, drought, and problem
6652     soil.
6653          (11) "Post hazard mitigation grant" means money granted to a community for post
6654     hazard mitigation that amounts to not more than 75% of the costs deemed necessary by the
6655     division to complete the post hazard mitigation.
6656          (12) "Official damage assessment" means a financial assessment of the damage to an
6657     affected community, caused by a disaster, that is conducted under the direction of the
6658     governing body of the affected community, in accordance with the rules described in Section
6659     53-2a-1305.

6660          Section 90. Section 53-3-207 is amended to read:
6661          53-3-207. License certificates or driving privilege cards issued to drivers by class
6662     of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
6663     licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
6664          (1) As used in this section:
6665          (a) "Driving privilege" means the privilege granted under this chapter to drive a motor
6666     vehicle.
6667          (b) "Governmental entity" means the state or a political subdivision of the state.
6668          (c) "Health care professional" means:
6669          (i) a licensed physician, physician assistant, nurse practitioner, or mental health
6670     therapist; or
6671          (ii) any other licensed health care professional the division designates by rule made in
6672     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
6673          (d) "Political subdivision" means any county, city, town, school district, public transit
6674     district, community reinvestment agency, special improvement or taxing district, [local] special
6675     district, special service district, an entity created by an interlocal agreement adopted under Title
6676     11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
6677     corporation.
6678          (e) "Invisible condition" means a physical or mental condition that may interfere with
6679     an individual's ability to communicate with a law enforcement officer, including:
6680          (i) a communication impediment;
6681          (ii) hearing loss;
6682          (iii) blindness or a visual impairment;
6683          (iv) autism spectrum disorder;
6684          (v) a drug allergy;
6685          (vi) Alzheimer's disease or dementia;
6686          (vii) post-traumatic stress disorder;
6687          (viii) traumatic brain injury;
6688          (ix) schizophrenia;
6689          (x) epilepsy;
6690          (xi) a developmental disability;

6691          (xii) Down syndrome;
6692          (xiii) diabetes;
6693          (xiv) a heart condition; or
6694          (xv) any other condition approved by the department.
6695          (f) "Invisible condition identification symbol" means a symbol or alphanumeric code
6696     that indicates that an individual is an individual with an invisible condition.
6697          (g) "State" means this state, and includes any office, department, agency, authority,
6698     commission, board, institution, hospital, college, university, children's justice center, or other
6699     instrumentality of the state.
6700          (2) (a) The division shall issue to every individual privileged to drive a motor vehicle, a
6701     regular license certificate, a limited-term license certificate, or a driving privilege card
6702     indicating the type or class of motor vehicle the individual may drive.
6703          (b) An individual may not drive a class of motor vehicle unless granted the privilege in
6704     that class.
6705          (3) (a) Every regular license certificate, limited-term license certificate, or driving
6706     privilege card shall bear:
6707          (i) the distinguishing number assigned to the individual by the division;
6708          (ii) the name, birth date, and Utah residence address of the individual;
6709          (iii) a brief description of the individual for the purpose of identification;
6710          (iv) any restrictions imposed on the license under Section 53-3-208;
6711          (v) a photograph of the individual;
6712          (vi) a photograph or other facsimile of the individual's signature;
6713          (vii) an indication whether the individual intends to make an anatomical gift under
6714     Title 26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the driving privilege is
6715     extended under Subsection 53-3-214(3); and
6716          (viii) except as provided in Subsection (3)(b), if the individual states that the individual
6717     is a veteran of the United States military on the application for a driver license in accordance
6718     with Section 53-3-205 and provides verification that the individual was granted an honorable
6719     or general discharge from the United States Armed Forces, an indication that the individual is a
6720     United States military veteran for a regular license certificate or limited-term license certificate
6721     issued on or after July 1, 2011.

6722          (b) A regular license certificate or limited-term license certificate issued to an
6723     individual younger than 21 years old on a portrait-style format as required in Subsection (7)(b)
6724     is not required to include an indication that the individual is a United States military veteran
6725     under Subsection (3)(a)(viii).
6726          (c) A new license certificate issued by the division may not bear the individual's social
6727     security number.
6728          (d) (i) The regular license certificate, limited-term license certificate, or driving
6729     privilege card shall be of an impervious material, resistant to wear, damage, and alteration.
6730          (ii) The size, form, and color of the regular license certificate, limited-term license
6731     certificate, or driving privilege card shall be as prescribed by the commissioner.
6732          (iii) The commissioner may also prescribe the issuance of a special type of limited
6733     regular license certificate, limited-term license certificate, or driving privilege card under
6734     Subsection 53-3-220(4).
6735          (4) (a) The division shall include or affix an invisible condition identification symbol
6736     on an individual's regular license certificate, limited-term license certificate, or driving
6737     privilege card if the individual, on a form prescribed by the department:
6738          (i) requests the division to include the invisible condition identification symbol;
6739          (ii) provides written verification from a health care professional that the individual is
6740     an individual with an invisible condition; and
6741          (iii) signs a waiver of liability for the release of any medical information to:
6742          (A) the department;
6743          (B) any person who has access to the individual's medical information as recorded on
6744     the individual's driving record or the Utah Criminal Justice Information System under this
6745     chapter; and
6746          (C) any other person who may view or receive notice of the individual's medical
6747     information by seeing the individual's regular license certificate, limited-term license
6748     certificate, or driving privilege card or the individual's information in the Utah Criminal Justice
6749     Information System.
6750          (b) As part of the form described in Subsection (4)(a), the department shall advise the
6751     individual that by submitting the signed waiver, the individual consents to the release of the
6752     individual's medical information to any person described in Subsections (4)(a)(iii)(A) through

6753     (C), even if the person is otherwise ineligible to access the individual's medical information
6754     under state or federal law.
6755          (c) The division may not:
6756          (i) charge a fee to include the invisible condition identification symbol on the
6757     individual's regular license certificate, limited-term license certificate, or driving privilege card;
6758     or
6759          (ii) after including the invisible condition identification symbol on the individual's
6760     previously issued regular license certificate, limited-term license certificate, or driving
6761     privilege card, require the individual to provide subsequent written verification described in
6762     Subsection (4)(a)(ii) to include the invisible condition identification symbol on the individual's
6763     renewed or extended regular license certificate, limited-term license certificate, or driving
6764     privilege card.
6765          (d) The inclusion of an invisible condition identification symbol on an individual's
6766     license certificate, limited-term license certificate, or driving privilege card in accordance with
6767     Subsection (4)(a) does not confer any legal rights or privileges on the individual, including
6768     parking privileges for individuals with disabilities under Section 41-1a-414.
6769          (e) For each individual issued a regular license certificate, limited-term license
6770     certificate, or driving privilege card under this section that includes an invisible condition
6771     identification symbol, the division shall include in the division's database a brief description of
6772     the nature of the individual's invisible condition in the individual's record and provide the brief
6773     description to the Utah Criminal Justice Information System.
6774          (f) Except as provided in this section, the division may not release the information
6775     described in Subsection (4)(e).
6776          (g) Within 30 days after the day on which the division receives an individual's written
6777     request, the division shall:
6778          (i) remove from the individual's record in the division's database the invisible condition
6779     identification symbol and the brief description described in Subsection (4)(e); and
6780          (ii) provide the individual's updated record to the Utah Criminal Justice Information
6781     System.
6782          (5) As provided in Section 63G-2-302, the information described in Subsection (4)(a)
6783     is a private record for purposes of Title 63G, Chapter 2, Government Records Access and

6784     Management Act.
6785          (6) (a) (i) The division, upon determining after an examination that an applicant is
6786     mentally and physically qualified to be granted a driving privilege, may issue to an applicant a
6787     receipt for the fee if the applicant is eligible for a regular license certificate or limited-term
6788     license certificate.
6789          (ii) (A) The division shall issue a temporary regular license certificate or temporary
6790     limited-term license certificate allowing the individual to drive a motor vehicle while the
6791     division is completing the division's investigation to determine whether the individual is
6792     entitled to be granted a driving privilege.
6793          (B) A temporary regular license certificate or a temporary limited-term license
6794     certificate issued under this Subsection (6) shall be recognized and have the same rights and
6795     privileges as a regular license certificate or a limited-term license certificate.
6796          (b) The temporary regular license certificate or temporary limited-term license
6797     certificate shall be in the individual's immediate possession while driving a motor vehicle, and
6798     the temporary regular license certificate or temporary limited-term license certificate is invalid
6799     when the individual's regular license certificate or limited-term license certificate has been
6800     issued or when, for good cause, the privilege has been refused.
6801          (c) The division shall indicate on the temporary regular license certificate or temporary
6802     limited-term license certificate a date after which the temporary regular license certificate or
6803     temporary limited-term license certificate is not valid as a temporary license.
6804          (d) (i) Except as provided in Subsection (6)(d)(ii), the division may not issue a
6805     temporary driving privilege card or other temporary permit to an applicant for a driving
6806     privilege card.
6807          (ii) The division may issue a learner permit issued in accordance with Section
6808     53-3-210.5 to an applicant for a driving privilege card.
6809          (7) (a) The division shall distinguish learner permits, temporary permits, regular
6810     license certificates, limited-term license certificates, and driving privilege cards issued to any
6811     individual younger than 21 years old by use of plainly printed information or the use of a color
6812     or other means not used for other regular license certificates, limited-term license certificates,
6813     or driving privilege cards.
6814          (b) The division shall distinguish a regular license certificate, limited-term license

6815     certificate, or driving privilege card issued to an individual younger than 21 years old by use of
6816     a portrait-style format not used for other regular license certificates, limited-term license
6817     certificates, or driving privilege cards and by plainly printing the date the regular license
6818     certificate, limited-term license certificate, or driving privilege card holder is 21 years old.
6819          (8) The division shall distinguish a limited-term license certificate by clearly indicating
6820     on the document:
6821          (a) that the limited-term license certificate is temporary; and
6822          (b) the limited-term license certificate's expiration date.
6823          (9) (a) The division shall only issue a driving privilege card to an individual whose
6824     privilege was obtained without providing evidence of lawful presence in the United States as
6825     required under Subsection 53-3-205(8).
6826          (b) The division shall distinguish a driving privilege card from a license certificate by:
6827          (i) use of a format, color, font, or other means; and
6828          (ii) clearly displaying on the front of the driving privilege card a phrase substantially
6829     similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
6830          (10) The provisions of Subsection (7)(b) do not apply to a learner permit, temporary
6831     permit, temporary regular license certificate, temporary limited-term license certificate, or any
6832     other temporary permit.
6833          (11) The division shall issue temporary license certificates of the same nature, except
6834     as to duration, as the license certificates that they temporarily replace, as are necessary to
6835     implement applicable provisions of this section and Section 53-3-223.
6836          (12) (a) A governmental entity may not accept a driving privilege card as proof of
6837     personal identification.
6838          (b) A driving privilege card may not be used as a document providing proof of an
6839     individual's age for any government required purpose.
6840          (13) An individual who violates Subsection (2)(b) is guilty of an infraction.
6841          (14) Unless otherwise provided, the provisions, requirements, classes, endorsements,
6842     fees, restrictions, and sanctions under this code apply to a:
6843          (a) driving privilege in the same way as a license or limited-term license issued under
6844     this chapter; and
6845          (b) limited-term license certificate or driving privilege card in the same way as a

6846     regular license certificate issued under this chapter.
6847          Section 91. Section 53-5-708 is amended to read:
6848          53-5-708. Permit -- Names private.
6849          (1) (a) The bureau shall maintain a record in its office of any permit issued under this
6850     part.
6851          (b) Notwithstanding the requirements of Subsection 63G-2-301(2)(b), the names,
6852     addresses, telephone numbers, dates of birth, and Social Security numbers of persons receiving
6853     permits are protected records under Subsection 63G-2-305(11).
6854          (c) Notwithstanding Section 63G-2-206, a person may not share any of the information
6855     listed in Subsection (1)(b) with any office, department, division, or other agency of the federal
6856     government unless:
6857          (i) the disclosure is necessary to conduct a criminal background check on the
6858     individual who is the subject of the information;
6859          (ii) the disclosure of information is made pursuant to a court order directly associated
6860     with an active investigation or prosecution of the individual who is the subject of the
6861     information;
6862          (iii) the disclosure is made to a criminal justice agency in a criminal investigation or
6863     prosecution;
6864          (iv) the disclosure is made by a law enforcement agency within the state to another law
6865     enforcement agency in the state or in another state in connection with an investigation,
6866     including a preliminary investigation, or a prosecution of the individual who is the subject of
6867     the information;
6868          (v) the disclosure is made by a law enforcement agency within the state to an employee
6869     of a federal law enforcement agency in the course of a combined law enforcement effort
6870     involving the law enforcement agency within the state and the federal law enforcement agency;
6871     or
6872          (vi) the disclosure is made in response to a routine request that a federal law
6873     enforcement officer makes to obtain information on an individual whom the federal law
6874     enforcement officer detains, including for a traffic stop, or questions because of the individual's
6875     suspected violation of state law.
6876          (d) A person is guilty of a class A misdemeanor if the person knowingly:

6877          (i) discloses information listed in Subsection (1)(b) in violation of the provisions under
6878     Title 63G, Chapter 2, Government Records Access and Management Act, applicable to
6879     protected records; or
6880          (ii) shares information in violation of Subsection (1)(c).
6881          (e) (i) As used in this Subsection (1)(e), "governmental agency" means:
6882          (A) the state or any department, division, agency, or other instrumentality of the state;
6883     or
6884          (B) a political subdivision of the state, including a county, city, town, school district,
6885     [local] special district, and special service district.
6886          (ii) A governmental agency may not compel or attempt to compel an individual who
6887     has been issued a concealed firearm permit to divulge whether the individual:
6888          (A) has been issued a concealed firearm permit; or
6889          (B) is carrying a concealed firearm.
6890          (iii) Subsection (1)(e)(ii) does not apply to a law enforcement officer.
6891          (2) The bureau shall immediately file a copy of each permit it issues under this part.
6892          Section 92. Section 53-7-104 is amended to read:
6893          53-7-104. Enforcement of state fire code and rules -- Division of authority and
6894     responsibility.
6895          (1) The authority and responsibility for enforcing the state fire code and rules made
6896     under this chapter is divided as provided in this section.
6897          (2) The fire officers of any city or county shall enforce the state fire code and rules of
6898     the state fire marshal in their respective areas.
6899          (3) The state fire marshal may enforce the state fire code and rules in:
6900          (a) areas outside of corporate cities, fire protection districts, and other [local] special
6901     districts or special service districts organized for fire protection purposes;
6902          (b) state-owned property, school district owned property, and privately owned property
6903     used for schools located within corporate cities and county fire protection districts, asylums,
6904     mental hospitals, hospitals, sanitariums, homes for the aged, residential health-care facilities,
6905     children's homes or institutions, or similar institutional type occupancy of any capacity; and
6906          (c) corporate cities, counties, fire protection districts, and special service districts
6907     organized for fire protection purposes upon receiving a request from the chief fire official or

6908     the local governing body.
6909          Section 93. Section 53-21-101 is amended to read:
6910          53-21-101. Definitions.
6911          As used in this chapter:
6912          (1) "Crime scene investigator technician" means an individual employed by a law
6913     enforcement agency to collect and analyze evidence from crime scenes and crime-related
6914     incidents.
6915          (2) "Department" means the Department of Public Safety.
6916          (3) "First responder" means:
6917          (a) a law enforcement officer, as defined in Section 53-13-103;
6918          (b) an emergency medical technician, as defined in Section 26-8c-102;
6919          (c) an advanced emergency medical technician, as defined in Section 26-8c-102;
6920          (d) a paramedic, as defined in Section 26-8c-102;
6921          (e) a firefighter, as defined in Section 34A-3-113;
6922          (f) a dispatcher, as defined in Section 53-6-102;
6923          (g) a correctional officer, as defined in Section 53-13-104;
6924          (h) a special function officer, as defined in Section 53-13-105, employed by a local
6925     sheriff;
6926          (i) a search and rescue worker under the supervision of a local sheriff;
6927          (j) a credentialed criminal justice system victim advocate as defined in Section
6928     77-38-403 who responds to incidents with a law enforcement officer;
6929          (k) a crime scene investigator technician; or
6930          (l) a wildland firefighter.
6931          (4) "First responder agency" means a [local] special district, municipality, interlocal
6932     entity, or other political subdivision that employs a first responder to provide fire protection,
6933     paramedic, law enforcement, or emergency services.
6934          (5) "Mental health resources" means:
6935          (a) an assessment to determine appropriate mental health treatment that is performed
6936     by a mental health therapist;
6937          (b) outpatient mental health treatment provided by a mental health therapist; or
6938          (c) peer support services provided by a peer support specialist who is qualified to

6939     provide peer support services under Subsection 62A-15-103(2)(h).
6940          (6) "Mental health therapist" means the same as that term is defined in Section
6941     58-60-102.
6942          (7) "Plan" means a plan to implement or expand a program that provides mental health
6943     resources to first responders for which the division awards a grant under this chapter.
6944          Section 94. Section 53B-16-104 is amended to read:
6945          53B-16-104. Restrictions on higher education entities bidding on architect or
6946     engineering services in public procurement projects.
6947          (1) As used in this section:
6948          (a) "Architect-engineer services" means those professional services within the scope of
6949     the practice of architecture as defined in Section 58-3a-102, or professional engineering as
6950     defined in Section 58-22-102.
6951          (b) "Government entity" means a state agency, an institution of higher education, a
6952     county, a municipality, a local school district, a [local] special district, or a special service
6953     district.
6954          (2) When a government entity elects to obtain architect or engineering services by
6955     using a competitive procurement process and has provided public notice of its competitive
6956     procurement process:
6957          (a) a higher education entity, or any part of one, may not submit a proposal in response
6958     to the government entity's competitive procurement process; and
6959          (b) the government entity may not award a contract to perform the architect or
6960     engineering services solicited in the competitive procurement process to a higher education
6961     entity or any part of one.
6962          (3) (a) Subject to the prohibition contained in Subsection (3)(b), an employee of a
6963     higher education entity may, in a private capacity, submit a proposal in response to the
6964     competitive procurement process.
6965          (b) An employee of a higher education entity may not use any supplies, materials, or
6966     other resources owned by, or any persons matriculating at, attending, or employed by, the
6967     higher education entity in:
6968          (i) preparing a response to the competitive procurement process; or
6969          (ii) completing any work, assignment, or contract awarded to the employee resulting

6970     from that competitive procurement process.
6971          Section 95. Section 53B-28-402 is amended to read:
6972          53B-28-402. Campus safety study -- Report to Legislature.
6973          (1) As used in this section:
6974          (a) "Campus law enforcement" means a unit of an institution that provides public
6975     safety services.
6976          (b) (i) "Institution" means an institution of higher education described in Section
6977     53B-2-101.
6978          (ii) "Institution" includes an institution's campus law enforcement.
6979          [(c) "Local district" means the same as that term is defined in Section 17B-1-102.]
6980          [(d)] (c) "Local law enforcement" means a state or local law enforcement agency other
6981     than campus law enforcement.
6982          [(e)] (d) "Public safety services" means police services, security services, dispatch
6983     services, emergency services, or other similar services.
6984          [(f)] (e) "Sexual violence" means the same as that term is defined in Section
6985     53B-28-301.
6986          (f) "Special district" means the same as that term is defined in Section 17B-1-102.
6987          (g) "Special service district" means the same as that term is defined in Section
6988     17D-1-102.
6989          (h) "Student" means the same as that term is defined in Section 53B-28-301.
6990          (i) "Student organization" means the same as that term is defined in Section
6991     53B-28-401.
6992          (2) The board shall:
6993          (a) study issues related to providing public safety services on institution campuses,
6994     including:
6995          (i) policies and practices for hiring, supervision, and firing of campus law enforcement
6996     officers;
6997          (ii) training of campus law enforcement in responding to incidents of sexual violence
6998     or other crimes reported by or involving a student, including training related to lethality or
6999     similar assessments;
7000          (iii) how campus law enforcement and local law enforcement respond to reports of

7001     incidents of sexual violence or other crimes reported by or involving a student, including
7002     supportive measures for victims and disciplinary actions for perpetrators;
7003          (iv) training provided to faculty, staff, students, and student organizations on campus
7004     safety and prevention of sexual violence;
7005          (v) roles, responsibilities, jurisdiction, and authority of local law enforcement and
7006     campus law enforcement, including authority based on:
7007          (A) the type of public safety services provided; or
7008          (B) geographic boundaries;
7009          (vi) how an institution and local law enforcement coordinate to respond to on-campus
7010     and off-campus incidents requiring public safety services, including:
7011          (A) legal requirements or restrictions affecting coordination;
7012          (B) agreements, practices, or procedures governing coordination between an institution
7013     and local law enforcement, including mutual support, sharing information, or dispatch
7014     management; and
7015          (C) any issues that may affect the timeliness of a response to an on-campus or
7016     off-campus incident reported by or involving a student;
7017          (vii) infrastructure, staffing, and equipment considerations that impact the effectiveness
7018     of campus law enforcement or local law enforcement responses to an on-campus or off-campus
7019     incident reported by or involving a student;
7020          (viii) the benefits and disadvantages of an institution employing campus law
7021     enforcement compared to local law enforcement providing public safety services on an
7022     institution campus;
7023          (ix) an institution's compliance with federal and state crime statistic reporting
7024     requirements;
7025          (x) how an institution informs faculty, staff, and students about a crime or emergency
7026     on campus;
7027          (xi) national best practices for providing public safety services on institution campuses,
7028     including differences in best practices based on the size, infrastructure, location, and other
7029     relevant characteristics of a college or university; and
7030          (xii) any other issue the board determines is relevant to the study;
7031          (b) make recommendations for providing public safety services on institution campuses

7032     statewide;
7033          (c) produce a final report of the study described in this section, including the
7034     recommendations described in Subsection (2)(b); and
7035          (d) in accordance with Section 68-3-14, present the final report described in Subsection
7036     (2)(c) to the Education Interim Committee and the Law Enforcement and Criminal Justice
7037     Interim Committee at or before the committees' November 2021 meetings.
7038          (3) In carrying out the board's duties under this section, the board may coordinate with
7039     individuals and organizations with knowledge, expertise, or experience related to the board's
7040     duties under this section, including:
7041          (a) the [Utah] Department of Health;
7042          (b) the Utah Office for Victims of Crime;
7043          (c) the Utah Council on Victims of Crime;
7044          (d) institutions;
7045          (e) local law enforcement;
7046          (f) [local] special districts or special service districts that provide 911 and emergency
7047     dispatch service; and
7048          (g) community and other non-governmental organizations.
7049          Section 96. Section 53G-3-204 is amended to read:
7050          53G-3-204. Notice before preparing or amending a long-range plan or acquiring
7051     certain property.
7052          (1) As used in this section:
7053          (a) "Affected entity" means each county, municipality, [local] special district under
7054     [Title 17B, Limited Purpose Local Government Entities - Local Districts] Title 17B, Limited
7055     Purpose Local Government Entities - Special Districts, special service district under Title 17D,
7056     Chapter 1, Special Service District Act, interlocal cooperation entity established under Title 11,
7057     Chapter 13, Interlocal Cooperation Act, and specified public utility:
7058          (i) whose services or facilities are likely to require expansion or significant
7059     modification because of an intended use of land; or
7060          (ii) that has filed with the school district a copy of the general or long-range plan of the
7061     county, municipality, [local] special district, special service district, school district, interlocal
7062     cooperation entity, or specified public utility.

7063          (b) "Specified public utility" means an electrical corporation, gas corporation, or
7064     telephone corporation, as those terms are defined in Section 54-2-1.
7065          (2) (a) If a school district located in a county of the first or second class prepares a
7066     long-range plan regarding the school district's facilities proposed for the future or amends an
7067     already existing long-range plan, the school district shall, before preparing a long-range plan or
7068     amendments to an existing long-range plan, provide written notice, as provided in this section,
7069     of the school district's intent to prepare a long-range plan or to amend an existing long-range
7070     plan.
7071          (b) Each notice under Subsection (2)(a) shall:
7072          (i) indicate that the school district intends to prepare a long-range plan or to amend a
7073     long-range plan, as the case may be;
7074          (ii) describe or provide a map of the geographic area that will be affected by the
7075     long-range plan or amendments to a long-range plan;
7076          (iii) be:
7077          (A) sent to each county in whose unincorporated area and each municipality in whose
7078     boundaries is located the land on which the proposed long-range plan or amendments to a
7079     long-range plan are expected to indicate that the proposed facilities will be located;
7080          (B) sent to each affected entity;
7081          (C) sent to the Utah Geospatial Resource Center created in Section 63A-16-505;
7082          (D) sent to each association of governments, established pursuant to an interlocal
7083     agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or
7084     municipality described in Subsection (2)(b)(iii)(A) is a member; and
7085          (E) placed on the Utah Public Notice Website created under Section 63A-16-601;
7086          (iv) with respect to the notice to counties and municipalities described in Subsection
7087     (2)(b)(iii)(A) and affected entities, invite them to provide information for the school district to
7088     consider in the process of preparing, adopting, and implementing the long-range plan or
7089     amendments to a long-range plan concerning:
7090          (A) impacts that the use of land proposed in the proposed long-range plan or
7091     amendments to a long-range plan may have on the county, municipality, or affected entity; and
7092          (B) uses of land that the county, municipality, or affected entity is planning or
7093     considering that may conflict with the proposed long-range plan or amendments to a long-range

7094     plan; and
7095          (v) include the address of an Internet website, if the school district has one, and the
7096     name and telephone number of an individual where more information can be obtained
7097     concerning the school district's proposed long-range plan or amendments to a long-range plan.
7098          (3) (a) Except as provided in Subsection (3)(d), each school district intending to
7099     acquire real property in a county of the first or second class for the purpose of expanding the
7100     district's infrastructure or other facilities shall provide written notice, as provided in this
7101     Subsection (3), of the school district's intent to acquire the property if the intended use of the
7102     property is contrary to:
7103          (i) the anticipated use of the property under the county or municipality's general plan;
7104     or
7105          (ii) the property's current zoning designation.
7106          (b) Each notice under Subsection (3)(a) shall:
7107          (i) indicate that the school district intends to acquire real property;
7108          (ii) identify the real property; and
7109          (iii) be sent to:
7110          (A) each county in whose unincorporated area and each municipality in whose
7111     boundaries the property is located; and
7112          (B) each affected entity.
7113          (c) A notice under this Subsection (3) is a protected record as provided in Subsection
7114     63G-2-305(8).
7115          (d) (i) The notice requirement of Subsection (3)(a) does not apply if the school district
7116     previously provided notice under Subsection (2) identifying the general location within the
7117     municipality or unincorporated part of the county where the property to be acquired is located.
7118          (ii) If a school district is not required to comply with the notice requirement of
7119     Subsection (3)(a) because of application of Subsection (3)(d)(i), the school district shall
7120     provide the notice specified in Subsection (3)(a) as soon as practicable after the school district's
7121     acquisition of the real property.
7122          Section 97. Section 53G-4-402 is amended to read:
7123          53G-4-402. Powers and duties generally.
7124          (1) A local school board shall:

7125          (a) implement the core standards for Utah public schools using instructional materials
7126     that best correlate to the core standards for Utah public schools and graduation requirements;
7127          (b) administer tests, required by the state board, which measure the progress of each
7128     student, and coordinate with the state superintendent and state board to assess results and create
7129     plans to improve the student's progress, which shall be submitted to the state board for
7130     approval;
7131          (c) use progress-based assessments as part of a plan to identify schools, teachers, and
7132     students that need remediation and determine the type and amount of federal, state, and local
7133     resources to implement remediation;
7134          (d) for each grading period and for each course in which a student is enrolled, issue a
7135     grade or performance report to the student:
7136          (i) that reflects the student's work, including the student's progress based on mastery,
7137     for the grading period; and
7138          (ii) in accordance with the local school board's adopted grading or performance
7139     standards and criteria;
7140          (e) develop early warning systems for students or classes failing to make progress;
7141          (f) work with the state board to establish a library of documented best practices,
7142     consistent with state and federal regulations, for use by the [local] special districts;
7143          (g) implement training programs for school administrators, including basic
7144     management training, best practices in instructional methods, budget training, staff
7145     management, managing for learning results and continuous improvement, and how to help
7146     every child achieve optimal learning in basic academic subjects; and
7147          (h) ensure that the local school board meets the data collection and reporting standards
7148     described in Section 53E-3-501.
7149          (2) Local school boards shall spend Minimum School Program funds for programs and
7150     activities for which the state board has established minimum standards or rules under Section
7151     53E-3-501.
7152          (3) (a) A local school board may purchase, sell, and make improvements on school
7153     sites, buildings, and equipment and construct, erect, and furnish school buildings.
7154          (b) School sites or buildings may only be conveyed or sold on local school board
7155     resolution affirmed by at least two-thirds of the members.

7156          (4) (a) A local school board may participate in the joint construction or operation of a
7157     school attended by children residing within the district and children residing in other districts
7158     either within or outside the state.
7159          (b) Any agreement for the joint operation or construction of a school shall:
7160          (i) be signed by the president of the local school board of each participating district;
7161          (ii) include a mutually agreed upon pro rata cost; and
7162          (iii) be filed with the state board.
7163          (5) A local school board may establish, locate, and maintain elementary, secondary,
7164     and applied technology schools.
7165          (6) Except as provided in Section 53E-3-905, a local school board may enroll children
7166     in school who are at least five years old before September 2 of the year in which admission is
7167     sought.
7168          (7) A local school board may establish and support school libraries.
7169          (8) A local school board may collect damages for the loss, injury, or destruction of
7170     school property.
7171          (9) A local school board may authorize guidance and counseling services for children
7172     and their parents before, during, or following enrollment of the children in schools.
7173          (10) (a) A local school board shall administer and implement federal educational
7174     programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National
7175     Education Programs.
7176          (b) Federal funds are not considered funds within the school district budget under
7177     Chapter 7, Part 3, Budgets.
7178          (11) (a) A local school board may organize school safety patrols and adopt policies
7179     under which the patrols promote student safety.
7180          (b) A student appointed to a safety patrol shall be at least 10 years old and have written
7181     parental consent for the appointment.
7182          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
7183     of a highway intended for vehicular traffic use.
7184          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
7185     safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
7186     the program by virtue of the organization, maintenance, or operation of a school safety patrol.

7187          (12) (a) A local school board may on its own behalf, or on behalf of an educational
7188     institution for which the local school board is the direct governing body, accept private grants,
7189     loans, gifts, endowments, devises, or bequests that are made for educational purposes.
7190          (b) These contributions are not subject to appropriation by the Legislature.
7191          (13) (a) A local school board may appoint and fix the compensation of a compliance
7192     officer to issue citations for violations of Subsection 76-10-105(2)(b).
7193          (b) A person may not be appointed to serve as a compliance officer without the
7194     person's consent.
7195          (c) A teacher or student may not be appointed as a compliance officer.
7196          (14) A local school board shall adopt bylaws and policies for the local school board's
7197     own procedures.
7198          (15) (a) A local school board shall make and enforce policies necessary for the control
7199     and management of the district schools.
7200          (b) Local school board policies shall be in writing, filed, and referenced for public
7201     access.
7202          (16) A local school board may hold school on legal holidays other than Sundays.
7203          (17) (a) A local school board shall establish for each school year a school traffic safety
7204     committee to implement this Subsection (17).
7205          (b) The committee shall be composed of one representative of:
7206          (i) the schools within the district;
7207          (ii) the Parent Teachers' Association of the schools within the district;
7208          (iii) the municipality or county;
7209          (iv) state or local law enforcement; and
7210          (v) state or local traffic safety engineering.
7211          (c) The committee shall:
7212          (i) receive suggestions from school community councils, parents, teachers, and others
7213     and recommend school traffic safety improvements, boundary changes to enhance safety, and
7214     school traffic safety program measures;
7215          (ii) review and submit annually to the Department of Transportation and affected
7216     municipalities and counties a child access routing plan for each elementary, middle, and junior
7217     high school within the district;

7218          (iii) consult the Utah Safety Council and the Division of Family Health Services and
7219     provide training to all school children in kindergarten through grade 6, within the district, on
7220     school crossing safety and use; and
7221          (iv) help ensure the district's compliance with rules made by the Department of
7222     Transportation under Section 41-6a-303.
7223          (d) The committee may establish subcommittees as needed to assist in accomplishing
7224     the committee's duties under Subsection (17)(c).
7225          (18) (a) A local school board shall adopt and implement a comprehensive emergency
7226     response plan to prevent and combat violence in the local school board's public schools, on
7227     school grounds, on its school vehicles, and in connection with school-related activities or
7228     events.
7229          (b) The plan shall:
7230          (i) include prevention, intervention, and response components;
7231          (ii) be consistent with the student conduct and discipline policies required for school
7232     districts under Chapter 11, Part 2, Miscellaneous Requirements;
7233          (iii) require professional learning for all district and school building staff on what their
7234     roles are in the emergency response plan;
7235          (iv) provide for coordination with local law enforcement and other public safety
7236     representatives in preventing, intervening, and responding to violence in the areas and activities
7237     referred to in Subsection (18)(a); and
7238          (v) include procedures to notify a student, to the extent practicable, who is off campus
7239     at the time of a school violence emergency because the student is:
7240          (A) participating in a school-related activity; or
7241          (B) excused from school for a period of time during the regular school day to
7242     participate in religious instruction at the request of the student's parent.
7243          (c) The state board, through the state superintendent, shall develop comprehensive
7244     emergency response plan models that local school boards may use, where appropriate, to
7245     comply with Subsection (18)(a).
7246          (d) A local school board shall, by July 1 of each year, certify to the state board that its
7247     plan has been practiced at the school level and presented to and reviewed by its teachers,
7248     administrators, students, and their parents and local law enforcement and public safety

7249     representatives.
7250          (19) (a) A local school board may adopt an emergency response plan for the treatment
7251     of sports-related injuries that occur during school sports practices and events.
7252          (b) The plan may be implemented by each secondary school in the district that has a
7253     sports program for students.
7254          (c) The plan may:
7255          (i) include emergency personnel, emergency communication, and emergency
7256     equipment components;
7257          (ii) require professional learning on the emergency response plan for school personnel
7258     who are involved in sports programs in the district's secondary schools; and
7259          (iii) provide for coordination with individuals and agency representatives who:
7260          (A) are not employees of the school district; and
7261          (B) would be involved in providing emergency services to students injured while
7262     participating in sports events.
7263          (d) The local school board, in collaboration with the schools referred to in Subsection
7264     (19)(b), may review the plan each year and make revisions when required to improve or
7265     enhance the plan.
7266          (e) The state board, through the state superintendent, shall provide local school boards
7267     with an emergency plan response model that local school boards may use to comply with the
7268     requirements of this Subsection (19).
7269          (20) A local school board shall do all other things necessary for the maintenance,
7270     prosperity, and success of the schools and the promotion of education.
7271          (21) (a) Before closing a school or changing the boundaries of a school, a local school
7272     board shall:
7273          (i) at least 120 days before approving the school closure or school boundary change,
7274     provide notice to the following that the local school board is considering the closure or
7275     boundary change:
7276          (A) parents of students enrolled in the school, using the same form of communication
7277     the local school board regularly uses to communicate with parents;
7278          (B) parents of students enrolled in other schools within the school district that may be
7279     affected by the closure or boundary change, using the same form of communication the local

7280     school board regularly uses to communicate with parents; and
7281          (C) the governing council and the mayor of the municipality in which the school is
7282     located;
7283          (ii) provide an opportunity for public comment on the proposed school closure or
7284     school boundary change during at least two public local school board meetings; and
7285          (iii) hold a public hearing as defined in Section 10-9a-103 and provide public notice of
7286     the public hearing as described in Subsection (21)(b).
7287          (b) The notice of a public hearing required under Subsection (21)(a)(iii) shall:
7288          (i) indicate the:
7289          (A) school or schools under consideration for closure or boundary change; and
7290          (B) the date, time, and location of the public hearing;
7291          (ii) at least 10 days before the public hearing, be:
7292          (A) published:
7293          (I) in a newspaper of general circulation in the area; and
7294          (II) on the Utah Public Notice Website created in Section 63A-16-601; and
7295          (B) posted in at least three public locations within the municipality in which the school
7296     is located on the school district's official website, and prominently at the school; and
7297          (iii) at least 30 days before the public hearing described in Subsection (21)(a)(iii), be
7298     provided as described in Subsections (21)(a)(i)(A), (B), and (C).
7299          (22) A local school board may implement a facility energy efficiency program
7300     established under Title 11, Chapter 44, Performance Efficiency Act.
7301          (23) A local school board may establish or partner with a certified youth court in
7302     accordance with Section 80-6-902 or establish or partner with a comparable restorative justice
7303     program, in coordination with schools in that district. A school may refer a student to a youth
7304     court or a comparable restorative justice program in accordance with Section 53G-8-211.
7305          (24) A local school board shall:
7306          (a) make curriculum that the school district uses readily accessible and available for a
7307     parent to view;
7308          (b) annually notify a parent of a student enrolled in the school district of how to access
7309     the information described in Subsection (24)(a); and
7310          (c) include on the school district's website information about how to access the

7311     information described in Subsection (24)(a).
7312          Section 98. Section 54-3-28 is amended to read:
7313          54-3-28. Notice required of certain public utilities before preparing or amending
7314     a long-range plan or acquiring certain property.
7315          (1) As used in this section:
7316          (a) (i) "Affected entity" means each county, municipality, [local] special district under
7317     [Title 17B, Limited Purpose Local Government Entities - Local Districts] Title 17B, Limited
7318     Purpose Local Government Entities - Special Districts, special service district, school district,
7319     interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act,
7320     and specified public utility:
7321          (A) whose services or facilities are likely to require expansion or significant
7322     modification because of expected uses of land under a proposed long-range plan or under
7323     proposed amendments to a long-range plan; or
7324          (B) that has filed with the specified public utility a copy of the general or long-range
7325     plan of the county, municipality, [local] special district, special service district, school district,
7326     interlocal cooperation entity, or specified public utility.
7327          (ii) "Affected entity" does not include the specified public utility that is required under
7328     Subsection (2) to provide notice.
7329          (b) "Specified public utility" means an electrical corporation, gas corporation, or
7330     telephone corporation, as those terms are defined in Section 54-2-1.
7331          (2) (a) If a specified public utility prepares a long-range plan regarding the specified
7332     public utility's facilities proposed for the future in a county of the first or second class or
7333     amends an already existing long-range plan, the specified public utility shall, before preparing a
7334     long-range plan or amendments to an existing long-range plan, provide written notice, as
7335     provided in this section, of the specified public utility's intent to prepare a long-range plan or to
7336     amend an existing long-range plan.
7337          (b) Each notice under Subsection (2) shall:
7338          (i) indicate that the specified public utility intends to prepare a long-range plan or to
7339     amend a long-range plan, as the case may be;
7340          (ii) describe or provide a map of the geographic area that will be affected by the
7341     long-range plan or amendments to a long-range plan;

7342          (iii) be sent to:
7343          (A) each county in whose unincorporated area and each municipality in whose
7344     boundaries is located the land on which the proposed long-range plan or amendments to a
7345     long-range plan are expected to indicate that the proposed facilities will be located;
7346          (B) each affected entity;
7347          (C) the Utah Geospatial Resource Center created in Section 63A-16-505;
7348          (D) each association of governments, established pursuant to an interlocal agreement
7349     under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
7350     described in Subsection (2)(b)(iii)(A) is a member; and
7351          (E) the state planning coordinator appointed under Section 63J-4-401;
7352          (iv) with respect to the notice to counties and municipalities described in Subsection
7353     (2)(b)(iii)(A) and affected entities, invite them to provide information for the specified public
7354     utility to consider in the process of preparing, adopting, and implementing the long-range plan
7355     or amendments to a long-range plan concerning:
7356          (A) impacts that the use of land proposed in the proposed long-range plan or
7357     amendments to a long-range plan may have on the county, municipality, or affected entity; and
7358          (B) uses of land that the county, municipality, or affected entity is planning or
7359     considering that may conflict with the proposed long-range plan or amendments to a long-range
7360     plan; and
7361          (v) include the address of an Internet website, if the specified public utility has one, and
7362     the name and telephone number of an individual where more information can be obtained
7363     concerning the specified public utility's proposed long-range plan or amendments to a
7364     long-range plan.
7365          (3) (a) Except as provided in Subsection (3)(d), each specified public utility intending
7366     to acquire real property in a county of the first or second class for the purpose of expanding the
7367     specified public utility's infrastructure or other facilities used for providing the services that the
7368     specified public utility is authorized to provide shall provide written notice, as provided in this
7369     Subsection (3), of the specified public utility's intent to acquire the property if the intended use
7370     of the property is contrary to:
7371          (i) the anticipated use of the property under the county or municipality's general plan;
7372     or

7373          (ii) the property's current zoning designation.
7374          (b) Each notice under Subsection (3)(a) shall:
7375          (i) indicate that the specified public utility intends to acquire real property;
7376          (ii) identify the real property; and
7377          (iii) be sent to:
7378          (A) each county in whose unincorporated area and each municipality in whose
7379     boundaries the property is located; and
7380          (B) each affected entity.
7381          (c) A notice under this Subsection (3) is a protected record as provided in Subsection
7382     63G-2-305(8).
7383          (d) (i) The notice requirement of Subsection (3)(a) does not apply if the specified
7384     public utility previously provided notice under Subsection (2) identifying the general location
7385     within the municipality or unincorporated part of the county where the property to be acquired
7386     is located.
7387          (ii) If a specified public utility is not required to comply with the notice requirement of
7388     Subsection (3)(a) because of application of Subsection (3)(d)(i), the specified public utility
7389     shall provide the notice specified in Subsection (3)(a) as soon as practicable after the specified
7390     public utility's acquisition of the real property.
7391          Section 99. Section 54-14-103 is amended to read:
7392          54-14-103. Definitions.
7393          As used in this chapter:
7394          (1) "Actual excess cost" means the difference in cost between:
7395          (a) the standard cost of a facility; and
7396          (b) the actual cost of the facility, including any necessary right-of-way, as determined
7397     in accordance with Section 54-14-203.
7398          (2) "Board" means the Utility Facility Review Board.
7399          (3) "Commencement of construction of a facility" includes the project design and the
7400     ordering of materials necessary to construct the facility.
7401          (4) "Estimated excess cost" means any material difference in estimated cost between
7402     the costs of a facility, including any necessary right-of-way, if constructed in accordance with
7403     the requirements of a local government and the standard cost of the facility.

7404          (5) (a) "Facility" means a transmission line, a substation, a gas pipeline, a tap, a
7405     measuring device, or a treatment device.
7406          (b) "Facility" includes a high voltage power line route as defined in Section 54-18-102.
7407          (6) (a) "Gas pipeline" means equipment, material, and structures used to transport gas
7408     to the public utility's customers, including:
7409          (i) pipe;
7410          (ii) a compressor;
7411          (iii) a pressure regulator;
7412          (iv) a support structure; and
7413          (v) any other equipment or structure used to transport or facilitate transportation of gas
7414     through a pipe.
7415          (b) "Gas pipeline" does not include a service line.
7416          (7) "Local government":
7417          (a) means a city or town as defined in Section 10-1-104 or a county; or
7418          (b) may refer to one or more of the local governments in whose jurisdiction a facility is
7419     located if a facility is proposed to be located in more than one local government jurisdiction.
7420          (8) "Pay" includes, in reference to a local government paying the actual excess cost of a
7421     facility, payment by:
7422          (a) a [local] special district under [Title 17B, Limited Purpose Local Government
7423     Entities - Local Districts] Title 17B, Limited Purpose Local Government Entities - Special
7424     Districts;
7425          (b) a special service district under Title 17D, Chapter 1, Special Service District Act;
7426     or
7427          (c) a private entity other than the public utility pursuant to a regulation or decision of
7428     the local government.
7429          (9) (a) "Standard cost" means the estimated cost of a facility, including any necessary
7430     right-of-way, if constructed in accordance with:
7431          (i) the public utility's normal practices; and
7432          (ii) zoning, subdivision, and building code regulations of a local government, including
7433     siting, setback, screening, and landscaping requirements:
7434          (A) imposed on similar land uses in the same zone; and

7435          (B) that do not impair the ability of the public utility to provide service to its customers
7436     in a safe, reliable, adequate, and efficient manner.
7437          (b) With respect to a transmission line, "standard cost" is the cost of any overhead line
7438     constructed in accordance with the public utility's normal practices.
7439          (c) With respect to a facility of a gas corporation, "standard cost" is the cost of
7440     constructing the facility in accordance with the public utility's normal practices.
7441          (10) (a) "Substation" means a separate space within which electric supply equipment is
7442     located for the purpose of switching, regulating, transforming, or otherwise modifying the
7443     characteristics of electricity, including:
7444          (i) electrical equipment such as transformers, circuit breakers, voltage regulating
7445     equipment, buses, switches, capacitor banks, reactors, protection and control equipment, and
7446     other related equipment;
7447          (ii) the site at which the equipment is located, any foundations, support structures,
7448     buildings, or driveways necessary to locate, operate, and maintain the equipment at the site;
7449     and
7450          (iii) the structure intended to restrict access to the equipment to qualified persons.
7451          (b) "Substation" does not include a distribution pole-mounted or pad-mounted
7452     transformer that is used for the final transformation of power to the voltage level utilized by the
7453     customer.
7454          (11) (a) "Transmission line" means an electrical line, including structures, equipment,
7455     plant, or fixtures associated with the electrical line, operated at a nominal voltage of 34,000
7456     volts or above.
7457          (b) "Transmission line" includes, for purposes of Title 54, Chapter 18, Siting of High
7458     Voltage Power Line Act, an electrical line as described in Subsection (11)(a) operated at a
7459     nominal voltage of 230 kilovolts or more.
7460          Section 100. Section 57-8-27 is amended to read:
7461          57-8-27. Separate taxation.
7462          (1) Each unit and its percentage of undivided interest in the common or community
7463     areas and facilities shall be considered to be a parcel and shall be subject to separate
7464     assessment and taxation by each assessing unit, [local] special district, and special service
7465     district for all types of taxes authorized by law, including ad valorem levies and special

7466     assessments. Neither the building or buildings, the property, nor any of the common areas and
7467     facilities may be considered a parcel.
7468          (2) In the event any of the interests in real property made subject to this chapter by the
7469     declaration are leasehold interests, if the lease creating these interests is of record in the office
7470     of the county recorder, if the balance of the term remaining under the lease is at least 40 years
7471     at the time the leasehold interest is made subject to this chapter, if units are situated or are to be
7472     situated on or within the real property covered by the lease, and if the lease provides that the
7473     lessee shall pay all taxes and assessments imposed by governmental authority, then until 10
7474     years prior to the date that the leasehold is to expire or until the lease is terminated, whichever
7475     first occurs, all taxes and assessments on the real property covered by the lease shall be levied
7476     against the owner of the lessee's interest. If the owner of the reversion under the lease has
7477     executed the declaration and condominium plat, until 10 years prior to the date that the
7478     leasehold is to expire, or until the lease is terminated, whichever first occurs, all taxes and
7479     assessments on the real property covered by the lease shall be separately levied against the unit
7480     owners having an interest in the lease, with each unit owner for taxation purposes being
7481     considered the owner of a parcel consisting of his undivided condominium interest in the fee of
7482     the real property affected by the lease.
7483          (3) No forfeiture or sale of the improvements or the property as a whole for delinquent
7484     real estate taxes, special assessments, or charges shall divest or in anywise affect the title to an
7485     individual unit if the real estate taxes or duly levied share of the assessments and charges on the
7486     individual unit are currently paid.
7487          (4) Any exemption from taxes that may exist on real property or the ownership of the
7488     property may not be denied by virtue of the submission of the property to this chapter.
7489          (5) Timeshare interests and timeshare estates, as defined in Section 57-19-2, may not
7490     be separately taxed but shall be valued, assessed, and taxed at the unit level. The value of
7491     timeshare interests and timeshare estates, for purposes of ad valorem taxation, shall be
7492     determined by valuing the real property interest associated with the timeshare interest or
7493     timeshare estate, exclusive of the value of any intangible property and rights associated with
7494     the acquisition, operation, ownership, and use of the timeshare interest or timeshare estate,
7495     including the fees and costs associated with the sale of timeshare interests and timeshare estates
7496     that exceed those fees and costs normally incurred in the sale of other similar properties, the

7497     fees and costs associated with the operation, ownership, and use of timeshare interests and
7498     timeshare estates, vacation exchange rights, vacation conveniences and services, club
7499     memberships, and any other intangible rights and benefits available to a timeshare unit owner.
7500     Nothing in this section shall be construed as requiring the assessment of any real property
7501     interest associated with a timeshare interest or timeshare estate at less than its fair market
7502     value. Notice of assessment, delinquency, sale, or any other purpose required by law is
7503     considered sufficient for all purposes if the notice is given to the management committee.
7504          Section 101. Section 59-2-102 is amended to read:
7505          59-2-102. Definitions.
7506          As used in this chapter:
7507          (1) (a) "Acquisition cost" means any cost required to put an item of tangible personal
7508     property into service.
7509          (b) "Acquisition cost" includes:
7510          (i) the purchase price of a new or used item;
7511          (ii) the cost of freight, shipping, loading at origin, unloading at destination, crating,
7512     skidding, or any other applicable cost of shipping;
7513          (iii) the cost of installation, engineering, rigging, erection, or assembly, including
7514     foundations, pilings, utility connections, or similar costs; and
7515          (iv) sales and use taxes.
7516          (2) "Aerial applicator" means aircraft or rotorcraft used exclusively for the purpose of
7517     engaging in dispensing activities directly affecting agriculture or horticulture with an
7518     airworthiness certificate from the Federal Aviation Administration certifying the aircraft or
7519     rotorcraft's use for agricultural and pest control purposes.
7520          (3) "Air charter service" means an air carrier operation that requires the customer to
7521     hire an entire aircraft rather than book passage in whatever capacity is available on a scheduled
7522     trip.
7523          (4) "Air contract service" means an air carrier operation available only to customers
7524     that engage the services of the carrier through a contractual agreement and excess capacity on
7525     any trip and is not available to the public at large.
7526          (5) "Aircraft" means the same as that term is defined in Section 72-10-102.
7527          (6) (a) Except as provided in Subsection (6)(b), "airline" means an air carrier that:

7528          (i) operates:
7529          (A) on an interstate route; and
7530          (B) on a scheduled basis; and
7531          (ii) offers to fly one or more passengers or cargo on the basis of available capacity on a
7532     regularly scheduled route.
7533          (b) "Airline" does not include an:
7534          (i) air charter service; or
7535          (ii) air contract service.
7536          (7) "Assessment roll" or "assessment book" means a permanent record of the
7537     assessment of property as assessed by the county assessor and the commission and may be
7538     maintained manually or as a computerized file as a consolidated record or as multiple records
7539     by type, classification, or categories.
7540          (8) "Base parcel" means a parcel of property that was legally:
7541          (a) subdivided into two or more lots, parcels, or other divisions of land; or
7542          (b) (i) combined with one or more other parcels of property; and
7543          (ii) subdivided into two or more lots, parcels, or other divisions of land.
7544          (9) (a) "Certified revenue levy" means a property tax levy that provides an amount of
7545     ad valorem property tax revenue equal to the sum of:
7546          (i) the amount of ad valorem property tax revenue to be generated statewide in the
7547     previous year from imposing a multicounty assessing and collecting levy, as specified in
7548     Section 59-2-1602; and
7549          (ii) the product of:
7550          (A) eligible new growth, as defined in Section 59-2-924; and
7551          (B) the multicounty assessing and collecting levy certified by the commission for the
7552     previous year.
7553          (b) For purposes of this Subsection (9), "ad valorem property tax revenue" does not
7554     include property tax revenue received by a taxing entity from personal property that is:
7555          (i) assessed by a county assessor in accordance with Part 3, County Assessment; and
7556          (ii) semiconductor manufacturing equipment.
7557          (c) For purposes of calculating the certified revenue levy described in this Subsection
7558     (9), the commission shall use:

7559          (i) the taxable value of real property assessed by a county assessor contained on the
7560     assessment roll;
7561          (ii) the taxable value of real and personal property assessed by the commission; and
7562          (iii) the taxable year end value of personal property assessed by a county assessor
7563     contained on the prior year's assessment roll.
7564          (10) "County-assessed commercial vehicle" means:
7565          (a) any commercial vehicle, trailer, or semitrailer that is not apportioned under Section
7566     41-1a-301 and is not operated interstate to transport the vehicle owner's goods or property in
7567     furtherance of the owner's commercial enterprise;
7568          (b) any passenger vehicle owned by a business and used by its employees for
7569     transportation as a company car or vanpool vehicle; and
7570          (c) vehicles that are:
7571          (i) especially constructed for towing or wrecking, and that are not otherwise used to
7572     transport goods, merchandise, or people for compensation;
7573          (ii) used or licensed as taxicabs or limousines;
7574          (iii) used as rental passenger cars, travel trailers, or motor homes;
7575          (iv) used or licensed in this state for use as ambulances or hearses;
7576          (v) especially designed and used for garbage and rubbish collection; or
7577          (vi) used exclusively to transport students or their instructors to or from any private,
7578     public, or religious school or school activities.
7579          (11) "Eligible judgment" means a final and unappealable judgment or order under
7580     Section 59-2-1330:
7581          (a) that became a final and unappealable judgment or order no more than 14 months
7582     before the day on which the notice described in Section 59-2-919.1 is required to be provided;
7583     and
7584          (b) for which a taxing entity's share of the final and unappealable judgment or order is
7585     greater than or equal to the lesser of:
7586          (i) $5,000; or
7587          (ii) 2.5% of the total ad valorem property taxes collected by the taxing entity in the
7588     previous fiscal year.
7589          (12) (a) "Escaped property" means any property, whether personal, land, or any

7590     improvements to the property, that is subject to taxation and is:
7591          (i) inadvertently omitted from the tax rolls, assigned to the incorrect parcel, or assessed
7592     to the wrong taxpayer by the assessing authority;
7593          (ii) undervalued or omitted from the tax rolls because of the failure of the taxpayer to
7594     comply with the reporting requirements of this chapter; or
7595          (iii) undervalued because of errors made by the assessing authority based upon
7596     incomplete or erroneous information furnished by the taxpayer.
7597          (b) "Escaped property" does not include property that is undervalued because of the use
7598     of a different valuation methodology or because of a different application of the same valuation
7599     methodology.
7600          (13) (a) "Fair market value" means the amount at which property would change hands
7601     between a willing buyer and a willing seller, neither being under any compulsion to buy or sell
7602     and both having reasonable knowledge of the relevant facts.
7603          (b) For purposes of taxation, "fair market value" shall be determined using the current
7604     zoning laws applicable to the property in question, except in cases where there is a reasonable
7605     probability of a change in the zoning laws affecting that property in the tax year in question and
7606     the change would have an appreciable influence upon the value.
7607          (14) "Geothermal fluid" means water in any form at temperatures greater than 120
7608     degrees centigrade naturally present in a geothermal system.
7609          (15) "Geothermal resource" means:
7610          (a) the natural heat of the earth at temperatures greater than 120 degrees centigrade;
7611     and
7612          (b) the energy, in whatever form, including pressure, present in, resulting from, created
7613     by, or which may be extracted from that natural heat, directly or through a material medium.
7614          (16) (a) "Goodwill" means:
7615          (i) acquired goodwill that is reported as goodwill on the books and records that a
7616     taxpayer maintains for financial reporting purposes; or
7617          (ii) the ability of a business to:
7618          (A) generate income that exceeds a normal rate of return on assets and that results from
7619     a factor described in Subsection (16)(b); or
7620          (B) obtain an economic or competitive advantage resulting from a factor described in

7621     Subsection (16)(b).
7622          (b) The following factors apply to Subsection (16)(a)(ii):
7623          (i) superior management skills;
7624          (ii) reputation;
7625          (iii) customer relationships;
7626          (iv) patronage; or
7627          (v) a factor similar to Subsections (16)(b)(i) through (iv).
7628          (c) "Goodwill" does not include:
7629          (i) the intangible property described in Subsection (19)(a) or (b);
7630          (ii) locational attributes of real property, including:
7631          (A) zoning;
7632          (B) location;
7633          (C) view;
7634          (D) a geographic feature;
7635          (E) an easement;
7636          (F) a covenant;
7637          (G) proximity to raw materials;
7638          (H) the condition of surrounding property; or
7639          (I) proximity to markets;
7640          (iii) value attributable to the identification of an improvement to real property,
7641     including:
7642          (A) reputation of the designer, builder, or architect of the improvement;
7643          (B) a name given to, or associated with, the improvement; or
7644          (C) the historic significance of an improvement; or
7645          (iv) the enhancement or assemblage value specifically attributable to the interrelation
7646     of the existing tangible property in place working together as a unit.
7647          (17) "Governing body" means:
7648          (a) for a county, city, or town, the legislative body of the county, city, or town;
7649          (b) for a [local] special district under [Title 17B, Limited Purpose Local Government
7650     Entities - Local Districts] Title 17B, Limited Purpose Local Government Entities - Special
7651     Districts, the [local] special district's board of trustees;

7652          (c) for a school district, the local board of education;
7653          (d) for a special service district under Title 17D, Chapter 1, Special Service District
7654     Act:
7655          (i) the legislative body of the county or municipality that created the special service
7656     district, to the extent that the county or municipal legislative body has not delegated authority
7657     to an administrative control board established under Section 17D-1-301; or
7658          (ii) the administrative control board, to the extent that the county or municipal
7659     legislative body has delegated authority to an administrative control board established under
7660     Section 17D-1-301; or
7661          (e) for a public infrastructure district under Title 17D, Chapter 4, Public Infrastructure
7662     District Act, the public infrastructure district's board of trustees.
7663          (18) (a) Except as provided in Subsection (18)(c), "improvement" means a building,
7664     structure, fixture, fence, or other item that is permanently attached to land, regardless of
7665     whether the title has been acquired to the land, if:
7666          (i) (A) attachment to land is essential to the operation or use of the item; and
7667          (B) the manner of attachment to land suggests that the item will remain attached to the
7668     land in the same place over the useful life of the item; or
7669          (ii) removal of the item would:
7670          (A) cause substantial damage to the item; or
7671          (B) require substantial alteration or repair of a structure to which the item is attached.
7672          (b) "Improvement" includes:
7673          (i) an accessory to an item described in Subsection (18)(a) if the accessory is:
7674          (A) essential to the operation of the item described in Subsection (18)(a); and
7675          (B) installed solely to serve the operation of the item described in Subsection (18)(a);
7676     and
7677          (ii) an item described in Subsection (18)(a) that is temporarily detached from the land
7678     for repairs and remains located on the land.
7679          (c) "Improvement" does not include:
7680          (i) an item considered to be personal property pursuant to rules made in accordance
7681     with Section 59-2-107;
7682          (ii) a moveable item that is attached to land for stability only or for an obvious

7683     temporary purpose;
7684          (iii) (A) manufacturing equipment and machinery; or
7685          (B) essential accessories to manufacturing equipment and machinery;
7686          (iv) an item attached to the land in a manner that facilitates removal without substantial
7687     damage to the land or the item; or
7688          (v) a transportable factory-built housing unit as defined in Section 59-2-1502 if that
7689     transportable factory-built housing unit is considered to be personal property under Section
7690     59-2-1503.
7691          (19) "Intangible property" means:
7692          (a) property that is capable of private ownership separate from tangible property,
7693     including:
7694          (i) money;
7695          (ii) credits;
7696          (iii) bonds;
7697          (iv) stocks;
7698          (v) representative property;
7699          (vi) franchises;
7700          (vii) licenses;
7701          (viii) trade names;
7702          (ix) copyrights; and
7703          (x) patents;
7704          (b) a low-income housing tax credit;
7705          (c) goodwill; or
7706          (d) a renewable energy tax credit or incentive, including:
7707          (i) a federal renewable energy production tax credit under Section 45, Internal Revenue
7708     Code;
7709          (ii) a federal energy credit for qualified renewable electricity production facilities under
7710     Section 48, Internal Revenue Code;
7711          (iii) a federal grant for a renewable energy property under American Recovery and
7712     Reinvestment Act of 2009, Pub. L. No. 111-5, Section 1603; and
7713          (iv) a tax credit under Subsection 59-7-614(5).

7714          (20) "Livestock" means:
7715          (a) a domestic animal;
7716          (b) a fish;
7717          (c) a fur-bearing animal;
7718          (d) a honeybee; or
7719          (e) poultry.
7720          (21) "Low-income housing tax credit" means:
7721          (a) a federal low-income housing tax credit under Section 42, Internal Revenue Code;
7722     or
7723          (b) a low-income housing tax credit under Section 59-7-607 or Section 59-10-1010.
7724          (22) "Metalliferous minerals" includes gold, silver, copper, lead, zinc, and uranium.
7725          (23) "Mine" means a natural deposit of either metalliferous or nonmetalliferous
7726     valuable mineral.
7727          (24) "Mining" means the process of producing, extracting, leaching, evaporating, or
7728     otherwise removing a mineral from a mine.
7729          (25) (a) "Mobile flight equipment" means tangible personal property that is owned or
7730     operated by an air charter service, air contract service, or airline and:
7731          (i) is capable of flight or is attached to an aircraft that is capable of flight; or
7732          (ii) is contained in an aircraft that is capable of flight if the tangible personal property
7733     is intended to be used:
7734          (A) during multiple flights;
7735          (B) during a takeoff, flight, or landing; and
7736          (C) as a service provided by an air charter service, air contract service, or airline.
7737          (b) (i) "Mobile flight equipment" does not include a spare part other than a spare
7738     engine that is rotated at regular intervals with an engine that is attached to the aircraft.
7739          (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7740     commission may make rules defining the term "regular intervals."
7741          (26) "Nonmetalliferous minerals" includes, but is not limited to, oil, gas, coal, salts,
7742     sand, rock, gravel, and all carboniferous materials.
7743          (27) "Part-year residential property" means property that is not residential property on
7744     January 1 of a calendar year but becomes residential property after January 1 of the calendar

7745     year.
7746          (28) "Personal property" includes:
7747          (a) every class of property as defined in Subsection (29) that is the subject of
7748     ownership and is not real estate or an improvement;
7749          (b) any pipe laid in or affixed to land whether or not the ownership of the pipe is
7750     separate from the ownership of the underlying land, even if the pipe meets the definition of an
7751     improvement;
7752          (c) bridges and ferries;
7753          (d) livestock; and
7754          (e) outdoor advertising structures as defined in Section 72-7-502.
7755          (29) (a) "Property" means property that is subject to assessment and taxation according
7756     to its value.
7757          (b) "Property" does not include intangible property as defined in this section.
7758          (30) (a) "Public utility" means:
7759          (i) the operating property of a railroad, gas corporation, oil or gas transportation or
7760     pipeline company, coal slurry pipeline company, electrical corporation, sewerage corporation,
7761     or heat corporation where the company performs the service for, or delivers the commodity to,
7762     the public generally or companies serving the public generally, or in the case of a gas
7763     corporation or an electrical corporation, where the gas or electricity is sold or furnished to any
7764     member or consumers within the state for domestic, commercial, or industrial use; and
7765          (ii) the operating property of any entity or person defined under Section 54-2-1 except
7766     water corporations.
7767          (b) "Public utility" does not include the operating property of a telecommunications
7768     service provider.
7769          (31) (a) Subject to Subsection (31)(b), "qualifying exempt primary residential rental
7770     personal property" means household furnishings, furniture, and equipment that:
7771          (i) are used exclusively within a dwelling unit that is the primary residence of a tenant;
7772          (ii) are owned by the owner of the dwelling unit that is the primary residence of a
7773     tenant; and
7774          (iii) after applying the residential exemption described in Section 59-2-103, are exempt
7775     from taxation under this chapter in accordance with Subsection 59-2-1115(2).

7776          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7777     commission may by rule define the term "dwelling unit" for purposes of this Subsection (31)
7778     and Subsection (34).
7779          (32) "Real estate" or "real property" includes:
7780          (a) the possession of, claim to, ownership of, or right to the possession of land;
7781          (b) all mines, minerals, and quarries in and under the land, all timber belonging to
7782     individuals or corporations growing or being on the lands of this state or the United States, and
7783     all rights and privileges appertaining to these; and
7784          (c) improvements.
7785          (33) (a) "Relationship with an owner of the property's land surface rights" means a
7786     relationship described in Subsection 267(b), Internal Revenue Code, except that the term 25%
7787     shall be substituted for the term 50% in Subsection 267(b), Internal Revenue Code.
7788          (b) For purposes of determining if a relationship described in Subsection 267(b),
7789     Internal Revenue Code, exists, the ownership of stock shall be determined using the ownership
7790     rules in Subsection 267(c), Internal Revenue Code.
7791          (34) (a) "Residential property," for purposes of the reductions and adjustments under
7792     this chapter, means any property used for residential purposes as a primary residence.
7793          (b) "Residential property" includes:
7794          (i) except as provided in Subsection (34)(b)(ii), includes household furnishings,
7795     furniture, and equipment if the household furnishings, furniture, and equipment are:
7796          (A) used exclusively within a dwelling unit that is the primary residence of a tenant;
7797     and
7798          (B) owned by the owner of the dwelling unit that is the primary residence of a tenant;
7799     and
7800          (ii) if the county assessor determines that the property will be used for residential
7801     purposes as a primary residence:
7802          (A) property under construction; or
7803          (B) unoccupied property.
7804          (c) "Residential property" does not include property used for transient residential use.
7805          (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7806     commission may by rule define the term "dwelling unit" for purposes of Subsection (31) and

7807     this Subsection (34).
7808          (35) "Split estate mineral rights owner" means a person that:
7809          (a) has a legal right to extract a mineral from property;
7810          (b) does not hold more than a 25% interest in:
7811          (i) the land surface rights of the property where the wellhead is located; or
7812          (ii) an entity with an ownership interest in the land surface rights of the property where
7813     the wellhead is located;
7814          (c) is not an entity in which the owner of the land surface rights of the property where
7815     the wellhead is located holds more than a 25% interest; and
7816          (d) does not have a relationship with an owner of the land surface rights of the property
7817     where the wellhead is located.
7818          (36) (a) "State-assessed commercial vehicle" means:
7819          (i) any commercial vehicle, trailer, or semitrailer that operates interstate or intrastate to
7820     transport passengers, freight, merchandise, or other property for hire; or
7821          (ii) any commercial vehicle, trailer, or semitrailer that operates interstate and transports
7822     the vehicle owner's goods or property in furtherance of the owner's commercial enterprise.
7823          (b) "State-assessed commercial vehicle" does not include vehicles used for hire that are
7824     specified in Subsection (10)(c) as county-assessed commercial vehicles.
7825          (37) "Subdivided lot" means a lot, parcel, or other division of land, that is a division of
7826     a base parcel.
7827          (38) "Tax area" means a geographic area created by the overlapping boundaries of one
7828     or more taxing entities.
7829          (39) "Taxable value" means fair market value less any applicable reduction allowed for
7830     residential property under Section 59-2-103.
7831          (40) "Taxing entity" means any county, city, town, school district, special taxing
7832     district, [local] special district under [Title 17B, Limited Purpose Local Government Entities -
7833     Local Districts] Title 17B, Limited Purpose Local Government Entities - Special Districts, or
7834     other political subdivision of the state with the authority to levy a tax on property.
7835          (41) (a) "Tax roll" means a permanent record of the taxes charged on property, as
7836     extended on the assessment roll, and may be maintained on the same record or records as the
7837     assessment roll or may be maintained on a separate record properly indexed to the assessment

7838     roll.
7839          (b) "Tax roll" includes tax books, tax lists, and other similar materials.
7840          (42) "Telecommunications service provider" means the same as that term is defined in
7841     Section 59-12-102.
7842          Section 102. Section 59-2-511 is amended to read:
7843          59-2-511. Acquisition of land by governmental entity -- Requirements -- Rollback
7844     tax -- One-time in lieu fee payment -- Passage of title.
7845          (1) For purposes of this section, "governmental entity" means:
7846          (a) the United States;
7847          (b) the state;
7848          (c) a political subdivision of the state, including:
7849          (i) a county;
7850          (ii) a city;
7851          (iii) a town;
7852          (iv) a school district;
7853          (v) a [local] special district; or
7854          (vi) a special service district; or
7855          (d) an entity created by the state or the United States, including:
7856          (i) an agency;
7857          (ii) a board;
7858          (iii) a bureau;
7859          (iv) a commission;
7860          (v) a committee;
7861          (vi) a department;
7862          (vii) a division;
7863          (viii) an institution;
7864          (ix) an instrumentality; or
7865          (x) an office.
7866          (2) (a) Except as provided in Subsections (3) and (4), land acquired by a governmental
7867     entity is subject to the rollback tax imposed by this part if:
7868          (i) prior to the governmental entity acquiring the land, the land is assessed under this

7869     part; and
7870          (ii) after the governmental entity acquires the land, the land does not meet the
7871     requirements of Section 59-2-503 for assessment under this part.
7872          (b) A person dedicating a public right-of-way to a governmental entity shall pay the
7873     rollback tax imposed by this part if:
7874          (i) a portion of the public right-of-way is located within a subdivision as defined in
7875     Section 10-9a-103; or
7876          (ii) in exchange for the dedication, the person dedicating the public right-of-way
7877     receives:
7878          (A) money; or
7879          (B) other consideration.
7880          (3) (a) Except as provided in Subsection (4), land acquired by a governmental entity is
7881     not subject to the rollback tax imposed by this part, but is subject to a one-time in lieu fee
7882     payment as provided in Subsection (3)(b), if:
7883          (i) the governmental entity acquires the land by eminent domain;
7884          (ii) (A) the land is under the threat or imminence of eminent domain proceedings; and
7885          (B) the governmental entity provides written notice of the proceedings to the owner; or
7886          (iii) the land is donated to the governmental entity.
7887          (b) (i) If a governmental entity acquires land under Subsection (3)(a)(iii), the
7888     governmental entity shall make a one-time in lieu fee payment:
7889          (A) to the county treasurer of the county in which the land is located; and
7890          (B) in an amount equal to the amount of rollback tax calculated under Section
7891     59-2-506.
7892          (ii) If a governmental entity acquires land under Subsection (3)(a)(i) or (3)(a)(ii), the
7893     governmental entity shall make a one-time in lieu fee payment:
7894          (A) to the county treasurer of the county in which the land is located; and
7895          (B) (I) if the land remaining after the acquisition by the governmental entity meets the
7896     requirements of Section 59-2-503, in an amount equal to the rollback tax under Section
7897     59-2-506 on the land acquired by the governmental entity; or
7898          (II) if the land remaining after the acquisition by the governmental entity is less than
7899     five acres, in an amount equal to the rollback tax under Section 59-2-506 on the land acquired

7900     by the governmental entity and the land remaining after the acquisition by the governmental
7901     entity.
7902          (iii) For purposes of Subsection (3)(b)(ii), "land remaining after the acquisition by the
7903     governmental entity" includes other eligible acreage that is used in conjunction with the land
7904     remaining after the acquisition by the governmental entity.
7905          (c) A county receiving an in lieu fee payment under Subsection (3)(b) shall distribute
7906     the revenues generated by the payment:
7907          (i) to the taxing entities in which the land is located; and
7908          (ii) in the same proportion as the revenue from real property taxes is distributed.
7909          (4) Except as provided in Section 59-2-506.5, if land acquired by a governmental entity
7910     is made subject to a conservation easement in accordance with Section 59-2-506.5:
7911          (a) the land is not subject to the rollback tax imposed by this part; and
7912          (b) the governmental entity acquiring the land is not required to make an in lieu fee
7913     payment under Subsection (3)(b).
7914          (5) If a governmental entity acquires land subject to assessment under this part, title to
7915     the land may not pass to the governmental entity until the following are paid to the county
7916     treasurer:
7917          (a) any tax due under this part;
7918          (b) any one-time in lieu fee payment due under this part; and
7919          (c) any interest due under this part.
7920          Section 103. Section 59-2-919 is amended to read:
7921          59-2-919. Notice and public hearing requirements for certain tax increases --
7922     Exceptions.
7923          (1) As used in this section:
7924          (a) "Additional ad valorem tax revenue" means ad valorem property tax revenue
7925     generated by the portion of the tax rate that exceeds the taxing entity's certified tax rate.
7926          (b) "Ad valorem tax revenue" means ad valorem property tax revenue not including
7927     revenue from:
7928          (i) eligible new growth as defined in Section 59-2-924; or
7929          (ii) personal property that is:
7930          (A) assessed by a county assessor in accordance with Part 3, County Assessment; and

7931          (B) semiconductor manufacturing equipment.
7932          (c) "Calendar year taxing entity" means a taxing entity that operates under a fiscal year
7933     that begins on January 1 and ends on December 31.
7934          (d) "County executive calendar year taxing entity" means a calendar year taxing entity
7935     that operates under the county executive-council form of government described in Section
7936     17-52a-203.
7937          (e) "Current calendar year" means the calendar year immediately preceding the
7938     calendar year for which a calendar year taxing entity seeks to levy a tax rate that exceeds the
7939     calendar year taxing entity's certified tax rate.
7940          (f) "Fiscal year taxing entity" means a taxing entity that operates under a fiscal year that
7941     begins on July 1 and ends on June 30.
7942          (g) "Last year's property tax budgeted revenue" does not include revenue received by a
7943     taxing entity from a debt service levy voted on by the public.
7944          (2) A taxing entity may not levy a tax rate that exceeds the taxing entity's certified tax
7945     rate unless the taxing entity meets:
7946          (a) the requirements of this section that apply to the taxing entity; and
7947          (b) all other requirements as may be required by law.
7948          (3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), a
7949     calendar year taxing entity may levy a tax rate that exceeds the calendar year taxing entity's
7950     certified tax rate if the calendar year taxing entity:
7951          (i) 14 or more days before the date of the regular general election or municipal general
7952     election held in the current calendar year, states at a public meeting:
7953          (A) that the calendar year taxing entity intends to levy a tax rate that exceeds the
7954     calendar year taxing entity's certified tax rate;
7955          (B) the dollar amount of and purpose for additional ad valorem tax revenue that would
7956     be generated by the proposed increase in the certified tax rate; and
7957          (C) the approximate percentage increase in ad valorem tax revenue for the taxing entity
7958     based on the proposed increase described in Subsection (3)(a)(i)(B);
7959          (ii) provides notice for the public meeting described in Subsection (3)(a)(i) in
7960     accordance with Title 52, Chapter 4, Open and Public Meetings Act, including providing a
7961     separate item on the meeting agenda that notifies the public that the calendar year taxing entity

7962     intends to make the statement described in Subsection (3)(a)(i);
7963          (iii) meets the advertisement requirements of Subsections (6) and (7) before the
7964     calendar year taxing entity conducts the public hearing required by Subsection (3)(a)(v);
7965          (iv) provides notice by mail:
7966          (A) seven or more days before the regular general election or municipal general
7967     election held in the current calendar year; and
7968          (B) as provided in Subsection (3)(c); and
7969          (v) conducts a public hearing that is held:
7970          (A) in accordance with Subsections (8) and (9); and
7971          (B) in conjunction with the public hearing required by Section 17-36-13 or 17B-1-610.
7972          (b) (i) For a county executive calendar year taxing entity, the statement described in
7973     Subsection (3)(a)(i) shall be made by the:
7974          (A) county council;
7975          (B) county executive; or
7976          (C) both the county council and county executive.
7977          (ii) If the county council makes the statement described in Subsection (3)(a)(i) or the
7978     county council states a dollar amount of additional ad valorem tax revenue that is greater than
7979     the amount of additional ad valorem tax revenue previously stated by the county executive in
7980     accordance with Subsection (3)(a)(i), the county executive calendar year taxing entity shall:
7981          (A) make the statement described in Subsection (3)(a)(i) 14 or more days before the
7982     county executive calendar year taxing entity conducts the public hearing under Subsection
7983     (3)(a)(v); and
7984          (B) provide the notice required by Subsection (3)(a)(iv) 14 or more days before the
7985     county executive calendar year taxing entity conducts the public hearing required by
7986     Subsection (3)(a)(v).
7987          (c) The notice described in Subsection (3)(a)(iv):
7988          (i) shall be mailed to each owner of property:
7989          (A) within the calendar year taxing entity; and
7990          (B) listed on the assessment roll;
7991          (ii) shall be printed on a separate form that:
7992          (A) is developed by the commission;

7993          (B) states at the top of the form, in bold upper-case type no smaller than 18 point
7994     "NOTICE OF PROPOSED TAX INCREASE"; and
7995          (C) may be mailed with the notice required by Section 59-2-1317;
7996          (iii) shall contain for each property described in Subsection (3)(c)(i):
7997          (A) the value of the property for the current calendar year;
7998          (B) the tax on the property for the current calendar year; and
7999          (C) subject to Subsection (3)(d), for the calendar year for which the calendar year
8000     taxing entity seeks to levy a tax rate that exceeds the calendar year taxing entity's certified tax
8001     rate, the estimated tax on the property;
8002          (iv) shall contain the following statement:
8003          "[Insert name of taxing entity] is proposing a tax increase for [insert applicable calendar
8004     year]. This notice contains estimates of the tax on your property and the proposed tax increase
8005     on your property as a result of this tax increase. These estimates are calculated on the basis of
8006     [insert previous applicable calendar year] data. The actual tax on your property and proposed
8007     tax increase on your property may vary from this estimate.";
8008          (v) shall state the date, time, and place of the public hearing described in Subsection
8009     (3)(a)(v); and
8010          (vi) may contain other property tax information approved by the commission.
8011          (d) For purposes of Subsection (3)(c)(iii)(C), a calendar year taxing entity shall
8012     calculate the estimated tax on property on the basis of:
8013          (i) data for the current calendar year; and
8014          (ii) the amount of additional ad valorem tax revenue stated in accordance with this
8015     section.
8016          (4) Except as provided in Subsection (5), a fiscal year taxing entity may levy a tax rate
8017     that exceeds the fiscal year taxing entity's certified tax rate if the fiscal year taxing entity:
8018          (a) provides notice by meeting the advertisement requirements of Subsections (6) and
8019     (7) before the fiscal year taxing entity conducts the public meeting at which the fiscal year
8020     taxing entity's annual budget is adopted; and
8021          (b) conducts a public hearing in accordance with Subsections (8) and (9) before the
8022     fiscal year taxing entity's annual budget is adopted.
8023          (5) (a) A taxing entity is not required to meet the notice or public hearing requirements

8024     of Subsection (3) or (4) if the taxing entity is expressly exempted by law from complying with
8025     the requirements of this section.
8026          (b) A taxing entity is not required to meet the notice requirements of Subsection (3) or
8027     (4) if:
8028          (i) Section 53F-8-301 allows the taxing entity to levy a tax rate that exceeds that
8029     certified tax rate without having to comply with the notice provisions of this section; or
8030          (ii) the taxing entity:
8031          (A) budgeted less than $20,000 in ad valorem tax revenue for the previous fiscal year;
8032     and
8033          (B) sets a budget during the current fiscal year of less than $20,000 of ad valorem tax
8034     revenue.
8035          (6) (a) Subject to Subsections (6)(d) and (7)(b), the advertisement described in this
8036     section shall be published:
8037          (i) subject to Section 45-1-101, in a newspaper or combination of newspapers of
8038     general circulation in the taxing entity;
8039          (ii) electronically in accordance with Section 45-1-101; and
8040          (iii) on the Utah Public Notice Website created in Section 63A-16-601.
8041          (b) The advertisement described in Subsection (6)(a)(i) shall:
8042          (i) be no less than 1/4 page in size;
8043          (ii) use type no smaller than 18 point; and
8044          (iii) be surrounded by a 1/4-inch border.
8045          (c) The advertisement described in Subsection (6)(a)(i) may not be placed in that
8046     portion of the newspaper where legal notices and classified advertisements appear.
8047          (d) It is the intent of the Legislature that:
8048          (i) whenever possible, the advertisement described in Subsection (6)(a)(i) appear in a
8049     newspaper that is published at least one day per week; and
8050          (ii) the newspaper or combination of newspapers selected:
8051          (A) be of general interest and readership in the taxing entity; and
8052          (B) not be of limited subject matter.
8053          (e) (i) The advertisement described in Subsection (6)(a)(i) shall:
8054          (A) except as provided in Subsection (6)(f), be run once each week for the two weeks

8055     before a taxing entity conducts a public hearing described under Subsection (3)(a)(v) or (4)(b);
8056     and
8057          (B) state that the taxing entity will meet on a certain day, time, and place fixed in the
8058     advertisement, which shall be seven or more days after the day the first advertisement is
8059     published, for the purpose of hearing comments regarding any proposed increase and to explain
8060     the reasons for the proposed increase.
8061          (ii) The advertisement described in Subsection (6)(a)(ii) shall:
8062          (A) be published two weeks before a taxing entity conducts a public hearing described
8063     in Subsection (3)(a)(v) or (4)(b); and
8064          (B) state that the taxing entity will meet on a certain day, time, and place fixed in the
8065     advertisement, which shall be seven or more days after the day the first advertisement is
8066     published, for the purpose of hearing comments regarding any proposed increase and to explain
8067     the reasons for the proposed increase.
8068          (f) If a fiscal year taxing entity's public hearing information is published by the county
8069     auditor in accordance with Section 59-2-919.2, the fiscal year taxing entity is not subject to the
8070     requirement to run the advertisement twice, as required by Subsection (6)(e)(i), but shall run
8071     the advertisement once during the week before the fiscal year taxing entity conducts a public
8072     hearing at which the taxing entity's annual budget is discussed.
8073          (g) For purposes of Subsection (3)(a)(iii) or (4)(a), the form and content of an
8074     advertisement shall be substantially as follows:
8075     
"NOTICE OF PROPOSED TAX INCREASE

8076     
(NAME OF TAXING ENTITY)

8077          The (name of the taxing entity) is proposing to increase its property tax revenue.
8078          •     The (name of the taxing entity) tax on a (insert the average value of a residence
8079     in the taxing entity rounded to the nearest thousand dollars) residence would
8080     increase from $______ to $________, which is $_______ per year.
8081          •     The (name of the taxing entity) tax on a (insert the value of a business having
8082     the same value as the average value of a residence in the taxing entity) business
8083     would increase from $________ to $_______, which is $______ per year.
8084          •     If the proposed budget is approved, (name of the taxing entity) would increase
8085     its property tax budgeted revenue by ___% above last year's property tax

8086     budgeted revenue excluding eligible new growth.
8087          All concerned citizens are invited to a public hearing on the tax increase.
8088     
PUBLIC HEARING

8089          Date/Time:     (date) (time)
8090          Location:     (name of meeting place and address of meeting place)
8091          To obtain more information regarding the tax increase, citizens may contact the (name
8092     of the taxing entity) at (phone number of taxing entity)."
8093          (7) The commission:
8094          (a) shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
8095     Rulemaking Act, governing the joint use of one advertisement described in Subsection (6) by
8096     two or more taxing entities; and
8097          (b) subject to Section 45-1-101, may authorize:
8098          (i) the use of a weekly newspaper:
8099          (A) in a county having both daily and weekly newspapers if the weekly newspaper
8100     would provide equal or greater notice to the taxpayer; and
8101          (B) if the county petitions the commission for the use of the weekly newspaper; or
8102          (ii) the use by a taxing entity of a commission approved direct notice to each taxpayer
8103     if:
8104          (A) the cost of the advertisement would cause undue hardship;
8105          (B) the direct notice is different and separate from that provided for in Section
8106     59-2-919.1; and
8107          (C) the taxing entity petitions the commission for the use of a commission approved
8108     direct notice.
8109          (8) (a) (i) (A) A fiscal year taxing entity shall, on or before March 1, notify the county
8110     legislative body in which the fiscal year taxing entity is located of the date, time, and place of
8111     the first public hearing at which the fiscal year taxing entity's annual budget will be discussed.
8112          (B) A county that receives notice from a fiscal year taxing entity under Subsection
8113     (8)(a)(i)(A) shall include on the notice required by Section 59-2-919.1 the date, time, and place
8114     of the public hearing described in Subsection (8)(a)(i)(A).
8115          (ii) A calendar year taxing entity shall, on or before October 1 of the current calendar
8116     year, notify the county legislative body in which the calendar year taxing entity is located of the

8117     date, time, and place of the first public hearing at which the calendar year taxing entity's annual
8118     budget will be discussed.
8119          (b) (i) A public hearing described in Subsection (3)(a)(v) or (4)(b) shall be:
8120          (A) open to the public; and
8121          (B) held at a meeting of the taxing entity with no items on the agenda other than
8122     discussion and action on the taxing entity's intent to levy a tax rate that exceeds the taxing
8123     entity's certified tax rate, the taxing entity's budget, a [local] special district's or special service
8124     district's fee implementation or increase, or a combination of these items.
8125          (ii) The governing body of a taxing entity conducting a public hearing described in
8126     Subsection (3)(a)(v) or (4)(b) shall provide an interested party desiring to be heard an
8127     opportunity to present oral testimony:
8128          (A) within reasonable time limits; and
8129          (B) without unreasonable restriction on the number of individuals allowed to make
8130     public comment.
8131          (c) (i) Except as provided in Subsection (8)(c)(ii), a taxing entity may not schedule a
8132     public hearing described in Subsection (3)(a)(v) or (4)(b) at the same time as the public hearing
8133     of another overlapping taxing entity in the same county.
8134          (ii) The taxing entities in which the power to set tax levies is vested in the same
8135     governing board or authority may consolidate the public hearings described in Subsection
8136     (3)(a)(v) or (4)(b) into one public hearing.
8137          (d) A county legislative body shall resolve any conflict in public hearing dates and
8138     times after consultation with each affected taxing entity.
8139          (e) (i) A taxing entity shall hold a public hearing described in Subsection (3)(a)(v) or
8140     (4)(b) beginning at or after 6 p.m.
8141          (ii) If a taxing entity holds a public meeting for the purpose of addressing general
8142     business of the taxing entity on the same date as a public hearing described in Subsection
8143     (3)(a)(v) or (4)(b), the public meeting addressing general business items shall conclude before
8144     the beginning of the public hearing described in Subsection (3)(a)(v) or (4)(b).
8145          (f) (i) Except as provided in Subsection (8)(f)(ii), a taxing entity may not hold the
8146     public hearing described in Subsection (3)(a)(v) or (4)(b) on the same date as another public
8147     hearing of the taxing entity.

8148          (ii) A taxing entity may hold the following hearings on the same date as a public
8149     hearing described in Subsection (3)(a)(v) or (4)(b):
8150          (A) a budget hearing;
8151          (B) if the taxing entity is a [local] special district or a special service district, a fee
8152     hearing described in Section 17B-1-643;
8153          (C) if the taxing entity is a town, an enterprise fund hearing described in Section
8154     10-5-107.5; or
8155          (D) if the taxing entity is a city, an enterprise fund hearing described in Section
8156     10-6-135.5.
8157          (9) (a) If a taxing entity does not make a final decision on budgeting additional ad
8158     valorem tax revenue at a public hearing described in Subsection (3)(a)(v) or (4)(b), the taxing
8159     entity shall:
8160          (i) announce at that public hearing the scheduled time and place of the next public
8161     meeting at which the taxing entity will consider budgeting the additional ad valorem tax
8162     revenue; and
8163          (ii) if the taxing entity is a fiscal year taxing entity, hold the public meeting described
8164     in Subsection (9)(a)(i) before September 1.
8165          (b) A calendar year taxing entity may not adopt a final budget that budgets an amount
8166     of additional ad valorem tax revenue that exceeds the largest amount of additional ad valorem
8167     tax revenue stated at a public meeting under Subsection (3)(a)(i).
8168          (c) A public hearing on levying a tax rate that exceeds a fiscal year taxing entity's
8169     certified tax rate may coincide with a public hearing on the fiscal year taxing entity's proposed
8170     annual budget.
8171          Section 104. Section 59-2-924.2 is amended to read:
8172          59-2-924.2. Adjustments to the calculation of a taxing entity's certified tax rate.
8173          (1) For purposes of this section, "certified tax rate" means a certified tax rate calculated
8174     in accordance with Section 59-2-924.
8175          (2) Beginning January 1, 1997, if a taxing entity receives increased revenues from
8176     uniform fees on tangible personal property under Section 59-2-405, 59-2-405.1, 59-2-405.2,
8177     59-2-405.3, or 72-10-110.5 as a result of any county imposing a sales and use tax under
8178     Chapter 12, Part 11, County Option Sales and Use Tax, the taxing entity shall decrease its

8179     certified tax rate to offset the increased revenues.
8180          (3) (a) Beginning July 1, 1997, if a county has imposed a sales and use tax under
8181     Chapter 12, Part 11, County Option Sales and Use Tax, the county's certified tax rate shall be:
8182          (i) decreased on a one-time basis by the amount of the estimated sales and use tax
8183     revenue to be distributed to the county under Subsection 59-12-1102(3); and
8184          (ii) increased by the amount necessary to offset the county's reduction in revenue from
8185     uniform fees on tangible personal property under Section 59-2-405, 59-2-405.1, 59-2-405.2,
8186     59-2-405.3, or 72-10-110.5 as a result of the decrease in the certified tax rate under Subsection
8187     (3)(a)(i).
8188          (b) The commission shall determine estimates of sales and use tax distributions for
8189     purposes of Subsection (3)(a).
8190          (4) Beginning January 1, 1998, if a municipality has imposed an additional resort
8191     communities sales and use tax under Section 59-12-402, the municipality's certified tax rate
8192     shall be decreased on a one-time basis by the amount necessary to offset the first 12 months of
8193     estimated revenue from the additional resort communities sales and use tax imposed under
8194     Section 59-12-402.
8195          (5) (a) This Subsection (5) applies to each county that:
8196          (i) establishes a countywide special service district under Title 17D, Chapter 1, Special
8197     Service District Act, to provide jail service, as provided in Subsection 17D-1-201(10); and
8198          (ii) levies a property tax on behalf of the special service district under Section
8199     17D-1-105.
8200          (b) (i) The certified tax rate of each county to which this Subsection (5) applies shall be
8201     decreased by the amount necessary to reduce county revenues by the same amount of revenues
8202     that will be generated by the property tax imposed on behalf of the special service district.
8203          (ii) Each decrease under Subsection (5)(b)(i) shall occur contemporaneously with the
8204     levy on behalf of the special service district under Section 17D-1-105.
8205          (6) (a) As used in this Subsection (6):
8206          (i) "Annexing county" means a county whose unincorporated area is included within a
8207     public safety district by annexation.
8208          (ii) "Annexing municipality" means a municipality whose area is included within a
8209     public safety district by annexation.

8210          (iii) "Equalized public safety protection tax rate" means the tax rate that results from:
8211          (A) calculating, for each participating county and each participating municipality, the
8212     property tax revenue necessary:
8213          (I) in the case of a fire district, to cover all of the costs associated with providing fire
8214     protection, paramedic, and emergency services:
8215          (Aa) for a participating county, in the unincorporated area of the county; and
8216          (Bb) for a participating municipality, in the municipality; or
8217          (II) in the case of a police district, to cover all the costs:
8218          (Aa) associated with providing law enforcement service:
8219          (Ii) for a participating county, in the unincorporated area of the county; and
8220          (IIii) for a participating municipality, in the municipality; and
8221          (Bb) that the police district board designates as the costs to be funded by a property
8222     tax; and
8223          (B) adding all the amounts calculated under Subsection (6)(a)(iii)(A) for all
8224     participating counties and all participating municipalities and then dividing that sum by the
8225     aggregate taxable value of the property, as adjusted in accordance with Section 59-2-913:
8226          (I) for participating counties, in the unincorporated area of all participating counties;
8227     and
8228          (II) for participating municipalities, in all the participating municipalities.
8229          (iv) "Fire district" means a service area under Title 17B, Chapter 2a, Part 9, Service
8230     Area Act:
8231          (A) created to provide fire protection, paramedic, and emergency services; and
8232          (B) in the creation of which an election was not required under Subsection
8233     17B-1-214(3)(d).
8234          (v) "Participating county" means a county whose unincorporated area is included
8235     within a public safety district at the time of the creation of the public safety district.
8236          (vi) "Participating municipality" means a municipality whose area is included within a
8237     public safety district at the time of the creation of the public safety district.
8238          (vii) "Police district" means a service area under Title 17B, Chapter 2a, Part 9, Service
8239     Area Act, within a county of the first class:
8240          (A) created to provide law enforcement service; and

8241          (B) in the creation of which an election was not required under Subsection
8242     17B-1-214(3)(d).
8243          (viii) "Public safety district" means a fire district or a police district.
8244          (ix) "Public safety service" means:
8245          (A) in the case of a public safety district that is a fire district, fire protection,
8246     paramedic, and emergency services; and
8247          (B) in the case of a public safety district that is a police district, law enforcement
8248     service.
8249          (b) In the first year following creation of a public safety district, the certified tax rate of
8250     each participating county and each participating municipality shall be decreased by the amount
8251     of the equalized public safety tax rate.
8252          (c) In the first budget year following annexation to a public safety district, the certified
8253     tax rate of each annexing county and each annexing municipality shall be decreased by an
8254     amount equal to the amount of revenue budgeted by the annexing county or annexing
8255     municipality:
8256          (i) for public safety service; and
8257          (ii) in:
8258          (A) for a taxing entity operating under a January 1 through December 31 fiscal year,
8259     the prior calendar year; or
8260          (B) for a taxing entity operating under a July 1 through June 30 fiscal year, the prior
8261     fiscal year.
8262          (d) Each tax levied under this section by a public safety district shall be considered to
8263     be levied by:
8264          (i) each participating county and each annexing county for purposes of the county's tax
8265     limitation under Section 59-2-908; and
8266          (ii) each participating municipality and each annexing municipality for purposes of the
8267     municipality's tax limitation under Section 10-5-112, for a town, or Section 10-6-133, for a
8268     city.
8269          (e) The calculation of a public safety district's certified tax rate for the year of
8270     annexation shall be adjusted to include an amount of revenue equal to one half of the amount
8271     of revenue budgeted by the annexing entity for public safety service in the annexing entity's

8272     prior fiscal year if:
8273          (i) the public safety district operates on a January 1 through December 31 fiscal year;
8274          (ii) the public safety district approves an annexation of an entity operating on a July 1
8275     through June 30 fiscal year; and
8276          (iii) the annexation described in Subsection (6)(e)(ii) takes effect on July 1.
8277          (7) (a) The base taxable value as defined in Section 17C-1-102 shall be reduced for any
8278     year to the extent necessary to provide a community reinvestment agency established under
8279     Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency
8280     Act, with approximately the same amount of money the agency would have received without a
8281     reduction in the county's certified tax rate, calculated in accordance with Section 59-2-924, if:
8282          (i) in that year there is a decrease in the certified tax rate under Subsection (2) or (3)(a);
8283          (ii) the amount of the decrease is more than 20% of the county's certified tax rate of the
8284     previous year; and
8285          (iii) the decrease results in a reduction of the amount to be paid to the agency under
8286     Section 17C-1-403 or 17C-1-404.
8287          (b) The base taxable value as defined in Section 17C-1-102 shall be increased in any
8288     year to the extent necessary to provide a community reinvestment agency with approximately
8289     the same amount of money as the agency would have received without an increase in the
8290     certified tax rate that year if:
8291          (i) in that year the base taxable value as defined in Section 17C-1-102 is reduced due to
8292     a decrease in the certified tax rate under Subsection (2) or (3)(a); and
8293          (ii) the certified tax rate of a city, school district, [local] special district, or special
8294     service district increases independent of the adjustment to the taxable value of the base year.
8295          (c) Notwithstanding a decrease in the certified tax rate under Subsection (2) or (3)(a),
8296     the amount of money allocated and, when collected, paid each year to a community
8297     reinvestment agency established under Title 17C, Limited Purpose Local Government Entities -
8298     Community Reinvestment Agency Act, for the payment of bonds or other contract
8299     indebtedness, but not for administrative costs, may not be less than that amount would have
8300     been without a decrease in the certified tax rate under Subsection (2) or (3)(a).
8301          (8) (a) For the calendar year beginning on January 1, 2014, the calculation of a county
8302     assessing and collecting levy shall be adjusted by the amount necessary to offset:

8303          (i) any change in the certified tax rate that may result from amendments to Part 16,
8304     Multicounty Assessing and Collecting Levy, in Laws of Utah 2014, Chapter 270, Section 3;
8305     and
8306          (ii) the difference in the amount of revenue a taxing entity receives from or contributes
8307     to the Property Tax Valuation Fund, created in Section 59-2-1602, that may result from
8308     amendments to Part 16, Multicounty Assessing and Collecting Levy, in Laws of Utah 2014,
8309     Chapter 270, Section 3.
8310          (b) A taxing entity is not required to comply with the notice and public hearing
8311     requirements in Section 59-2-919 for an adjustment to the county assessing and collecting levy
8312     described in Subsection (8)(a).
8313          Section 105. Section 59-2-1101 is amended to read:
8314          59-2-1101. Definitions -- Exemption of certain property -- Proportional payments
8315     for certain property -- Exception -- County legislative body authority to adopt rules or
8316     ordinances.
8317          (1) As used in this section:
8318          (a) "Charitable purposes" means:
8319          (i) for property used as a nonprofit hospital or a nursing home, the standards outlined in
8320     Howell v. County Board of Cache County ex rel. IHC Hospitals, Inc., 881 P.2d 880 (Utah
8321     1994); and
8322          (ii) for property other than property described in Subsection (1)(a)(i), providing a gift
8323     to the community.
8324          (b) (i) "Educational purposes" means purposes carried on by an educational
8325     organization that normally:
8326          (A) maintains a regular faculty and curriculum; and
8327          (B) has a regularly enrolled body of pupils and students.
8328          (ii) "Educational purposes" includes:
8329          (A) the physical or mental teaching, training, or conditioning of competitive athletes by
8330     a national governing body of sport recognized by the United States Olympic Committee that
8331     qualifies as being tax exempt under Section 501(c)(3), Internal Revenue Code; and
8332          (B) an activity in support of or incidental to the teaching, training, or conditioning
8333     described in this Subsection (1)(b)(ii).

8334          (c) "Exclusive use exemption" means a property tax exemption under Subsection
8335     (3)(a)(iv), for property owned by a nonprofit entity used exclusively for one or more of the
8336     following purposes:
8337          (i) religious purposes;
8338          (ii) charitable purposes; or
8339          (iii) educational purposes.
8340          (d) (i) "Farm machinery and equipment" means tractors, milking equipment and
8341     storage and cooling facilities, feed handling equipment, irrigation equipment, harvesters,
8342     choppers, grain drills and planters, tillage tools, scales, combines, spreaders, sprayers, haying
8343     equipment, including balers and cubers, and any other machinery or equipment used primarily
8344     for agricultural purposes.
8345          (ii) "Farm machinery and equipment" does not include vehicles required to be
8346     registered with the Motor Vehicle Division or vehicles or other equipment used for business
8347     purposes other than farming.
8348          (e) "Gift to the community" means:
8349          (i) the lessening of a government burden; or
8350          (ii) (A) the provision of a significant service to others without immediate expectation
8351     of material reward;
8352          (B) the use of the property is supported to a material degree by donations and gifts
8353     including volunteer service;
8354          (C) the recipients of the charitable activities provided on the property are not required
8355     to pay for the assistance received, in whole or in part, except that if in part, to a material
8356     degree;
8357          (D) the beneficiaries of the charitable activities provided on the property are
8358     unrestricted or, if restricted, the restriction bears a reasonable relationship to the charitable
8359     objectives of the nonprofit entity that owns the property; and
8360          (E) any commercial activities provided on the property are subordinate or incidental to
8361     charitable activities provided on the property.
8362          (f) "Government exemption" means a property tax exemption provided under
8363     Subsection (3)(a)(i), (ii), or (iii).
8364          (g) (i) "Nonprofit entity" means an entity:

8365          (A) that is organized on a nonprofit basis, that dedicates the entity's property to the
8366     entity's nonprofit purpose, and that makes no dividend or other form of financial benefit
8367     available to a private interest;
8368          (B) for which, upon dissolution, the entity's assets are distributable only for exempt
8369     purposes under state law or to the government for a public purpose; and
8370          (C) for which none of the net earnings or donations made to the entity inure to the
8371     benefit of private shareholders or other individuals, as the private inurement standard has been
8372     interpreted under Section 501(c)(3), Internal Revenue Code.
8373          (ii) "Nonprofit entity" includes an entity:
8374          (A) if the entity is treated as a disregarded entity for federal income tax purposes and
8375     wholly owned by, and controlled under the direction of, a nonprofit entity; and
8376          (B) for which none of the net earnings and profits of the entity inure to the benefit of
8377     any person other than a nonprofit entity.
8378          (h) "Tax relief" means an exemption, deferral, or abatement that is authorized by this
8379     part, Part 18, Tax Deferral and Tax Abatement, or Part 19, Armed Forces Exemptions.
8380          (2) (a) Except as provided in Subsection (2)(b) or (c), tax relief may be allowed only if
8381     the claimant is the owner of the property as of January 1 of the year the exemption is claimed.
8382          (b) Notwithstanding Subsection (2)(a), a claimant shall collect and pay a proportional
8383     tax based upon the length of time that the property was not owned by the claimant if:
8384          (i) the claimant is a federal, state, or political subdivision entity described in
8385     Subsection (3)(a)(i), (ii), or (iii); or
8386          (ii) pursuant to Subsection (3)(a)(iv):
8387          (A) the claimant is a nonprofit entity; and
8388          (B) the property is used exclusively for religious, charitable, or educational purposes.
8389          (c) Subsection (2)(a) does not apply to an exemption described in Part 19, Armed
8390     Forces Exemptions .
8391          (3) (a) The following property is exempt from taxation:
8392          (i) property exempt under the laws of the United States;
8393          (ii) property of:
8394          (A) the state;
8395          (B) school districts; and

8396          (C) public libraries;
8397          (iii) except as provided in Title 11, Chapter 13, Interlocal Cooperation Act, property of:
8398          (A) counties;
8399          (B) cities;
8400          (C) towns;
8401          (D) [local] special districts;
8402          (E) special service districts; and
8403          (F) all other political subdivisions of the state;
8404          (iv) except as provided in Subsection (6) or (7), property owned by a nonprofit entity
8405     used exclusively for one or more of the following purposes:
8406          (A) religious purposes;
8407          (B) charitable purposes; or
8408          (C) educational purposes;
8409          (v) places of burial not held or used for private or corporate benefit;
8410          (vi) farm machinery and equipment;
8411          (vii) a high tunnel, as defined in Section 10-9a-525;
8412          (viii) intangible property; and
8413          (ix) the ownership interest of an out-of-state public agency, as defined in Section
8414     11-13-103:
8415          (A) if that ownership interest is in property providing additional project capacity, as
8416     defined in Section 11-13-103; and
8417          (B) on which a fee in lieu of ad valorem property tax is payable under Section
8418     11-13-302.
8419          (b) For purposes of a property tax exemption for property of school districts under
8420     Subsection (3)(a)(ii)(B), a charter school under Title 53G, Chapter 5, Charter Schools, is
8421     considered to be a school district.
8422          (4) Subject to Subsection (5), if property that is allowed an exclusive use exemption or
8423     a government exemption ceases to qualify for the exemption because of a change in the
8424     ownership of the property:
8425          (a) the new owner of the property shall pay a proportional tax based upon the period of
8426     time:

8427          (i) beginning on the day that the new owner acquired the property; and
8428          (ii) ending on the last day of the calendar year during which the new owner acquired
8429     the property; and
8430          (b) the new owner of the property and the person from whom the new owner acquires
8431     the property shall notify the county assessor, in writing, of the change in ownership of the
8432     property within 30 days from the day that the new owner acquires the property.
8433          (5) Notwithstanding Subsection (4)(a), the proportional tax described in Subsection
8434     (4)(a):
8435          (a) is subject to any exclusive use exemption or government exemption that the
8436     property is entitled to under the new ownership of the property; and
8437          (b) applies only to property that is acquired after December 31, 2005.
8438          (6) (a) A property may not receive an exemption under Subsection (3)(a)(iv) if:
8439          (i) the nonprofit entity that owns the property participates in or intervenes in any
8440     political campaign on behalf of or in opposition to any candidate for public office, including
8441     the publishing or distribution of statements; or
8442          (ii) a substantial part of the activities of the nonprofit entity that owns the property
8443     consists of carrying on propaganda or otherwise attempting to influence legislation, except as
8444     provided under Subsection 501(h), Internal Revenue Code.
8445          (b) Whether a nonprofit entity is engaged in an activity described in Subsection (6)(a)
8446     shall be determined using the standards described in Section 501, Internal Revenue Code.
8447          (7) A property may not receive an exemption under Subsection (3)(a)(iv) if:
8448          (a) the property is used for a purpose that is not religious, charitable, or educational;
8449     and
8450          (b) the use for a purpose that is not religious, charitable, or educational is more than de
8451     minimis.
8452          (8) A county legislative body may adopt rules or ordinances to:
8453          (a) effectuate the exemptions, deferrals, abatements, or other relief from taxation
8454     provided in this part, Part 18, Tax Deferral and Tax Abatement, or Part 19, Armed Forces
8455     Exemptions; and
8456          (b) designate one or more persons to perform the functions given the county under this
8457     part, Part 18, Tax Deferral and Tax Abatement, or Part 19, Armed Forces Exemptions.

8458          (9) If a person is dissatisfied with a tax relief decision made under designated
8459     decision-making authority as described in Subsection (8)(b), that person may appeal the
8460     decision to the commission under Section 59-2-1006.
8461          Section 106. Section 59-2-1317 is amended to read:
8462          59-2-1317. Tax notice -- Contents of notice -- Procedures and requirements for
8463     providing notice.
8464          (1) As used in this section, "political subdivision lien" means the same as that term is
8465     defined in Section 11-60-102.
8466          (2) Subject to the other provisions of this section, the county treasurer shall:
8467          (a) collect the taxes and tax notice charges; and
8468          (b) provide a notice to each taxpayer that contains the following:
8469          (i) the kind and value of property assessed to the taxpayer;
8470          (ii) the street address of the property, if available to the county;
8471          (iii) that the property may be subject to a detailed review in the next year under Section
8472     59-2-303.1;
8473          (iv) the amount of taxes levied;
8474          (v) a separate statement of the taxes levied only on a certain kind or class of property
8475     for a special purpose;
8476          (vi) property tax information pertaining to taxpayer relief, options for payment of
8477     taxes, and collection procedures;
8478          (vii) any tax notice charges applicable to the property, including:
8479          (A) if applicable, a political subdivision lien for road damage that a railroad company
8480     causes, as described in Section 10-7-30;
8481          (B) if applicable, a political subdivision lien for municipal water distribution, as
8482     described in Section 10-8-17, or a political subdivision lien for an increase in supply from a
8483     municipal water distribution, as described in Section 10-8-19;
8484          (C) if applicable, a political subdivision lien for unpaid abatement fees as described in
8485     Section 10-11-4;
8486          (D) if applicable, a political subdivision lien for the unpaid portion of an assessment
8487     assessed in accordance with Title 11, Chapter 42, Assessment Area Act, or Title 11, Chapter
8488     42a, Commercial Property Assessed Clean Energy Act, including unpaid costs, charges, and

8489     interest as of the date the local entity certifies the unpaid amount to the county treasurer;
8490          (E) if applicable, for a [local] special district in accordance with Section 17B-1-902, a
8491     political subdivision lien for an unpaid fee, administrative cost, or interest;
8492          (F) if applicable, a political subdivision lien for an unpaid irrigation district use charge
8493     as described in Section 17B-2a-506;
8494          (G) if applicable, a political subdivision lien for a contract assessment under a water
8495     contract, as described in Section 17B-2a-1007;
8496          (H) if applicable, a property tax penalty that a public infrastructure district imposes, as
8497     described in Section 17D-4-304; and
8498          (I) if applicable, an annual payment to the Military Installation Development Authority
8499     or an entity designated by the authority in accordance with Section 63H-1-501;
8500          (viii) if a county's tax notice includes an assessment area charge, a statement that, due
8501     to potentially ongoing assessment area charges, costs, penalties, and interest, payment of a tax
8502     notice charge may not:
8503          (A) pay off the full amount the property owner owes to the tax notice entity; or
8504          (B) cause a release of the lien underlying the tax notice charge;
8505          (ix) the date the taxes and tax notice charges are due;
8506          (x) the street address at which the taxes and tax notice charges may be paid;
8507          (xi) the date on which the taxes and tax notice charges are delinquent;
8508          (xii) the penalty imposed on delinquent taxes and tax notice charges;
8509          (xiii) a statement that explains the taxpayer's right to direct allocation of a partial
8510     payment in accordance with Subsection (9);
8511          (xiv) other information specifically authorized to be included on the notice under this
8512     chapter; and
8513          (xv) other property tax information approved by the commission.
8514          (3) (a) Unless expressly allowed under this section or another statutory provision, the
8515     treasurer may not add an amount to be collected to the property tax notice.
8516          (b) If the county treasurer adds an amount to be collected to the property tax notice
8517     under this section or another statutory provision that expressly authorizes the item's inclusion
8518     on the property tax notice:
8519          (i) the amount constitutes a tax notice charge; and

8520          (ii) (A) the tax notice charge has the same priority as property tax; and
8521          (B) a delinquency of the tax notice charge triggers a tax sale, in accordance with
8522     Section 59-2-1343.
8523          (4) For any property for which property taxes or tax notice charges are delinquent, the
8524     notice described in Subsection (2) shall state, "Prior taxes or tax notice charges are delinquent
8525     on this parcel."
8526          (5) Except as provided in Subsection (6), the county treasurer shall:
8527          (a) mail the notice required by this section, postage prepaid; or
8528          (b) leave the notice required by this section at the taxpayer's residence or usual place of
8529     business, if known.
8530          (6) (a) Subject to the other provisions of this Subsection (6), a county treasurer may, at
8531     the county treasurer's discretion, provide the notice required by this section by electronic mail if
8532     a taxpayer makes an election, according to procedures determined by the county treasurer, to
8533     receive the notice by electronic mail.
8534          (b) A taxpayer may revoke an election to receive the notice required by this section by
8535     electronic mail if the taxpayer provides written notice to the treasurer on or before October 1.
8536          (c) A revocation of an election under this section does not relieve a taxpayer of the
8537     duty to pay a tax or tax notice charge due under this chapter on or before the due date for
8538     paying the tax or tax notice charge.
8539          (d) A county treasurer shall provide the notice required by this section using a method
8540     described in Subsection (5), until a taxpayer makes a new election in accordance with this
8541     Subsection (6), if:
8542          (i) the taxpayer revokes an election in accordance with Subsection (6)(b) to receive the
8543     notice required by this section by electronic mail; or
8544          (ii) the county treasurer finds that the taxpayer's electronic mail address is invalid.
8545          (e) A person is considered to be a taxpayer for purposes of this Subsection (6)
8546     regardless of whether the property that is the subject of the notice required by this section is
8547     exempt from taxation.
8548          (7) (a) The county treasurer shall provide the notice required by this section to a
8549     taxpayer on or before November 1.
8550          (b) The county treasurer shall keep on file in the county treasurer's office the

8551     information set forth in the notice.
8552          (c) The county treasurer is not required to mail a tax receipt acknowledging payment.
8553          (8) This section does not apply to property taxed under Section 59-2-1302 or
8554     59-2-1307.
8555          (9) (a) A taxpayer who pays less than the full amount due on the taxpayer's property tax
8556     notice may, on a form provided by the county treasurer, direct how the county treasurer
8557     allocates the partial payment between:
8558          (i) the total amount due for property tax;
8559          (ii) the amount due for assessments, past due [local] special district fees, and other tax
8560     notice charges; and
8561          (iii) any other amounts due on the property tax notice.
8562          (b) The county treasurer shall comply with a direction submitted to the county treasurer
8563     in accordance with Subsection (9)(a).
8564          (c) The provisions of this Subsection (9) do not:
8565          (i) affect the right or ability of a local entity to pursue any available remedy for
8566     non-payment of any item listed on a taxpayer's property tax notice; or
8567          (ii) toll or otherwise change any time period related to a remedy described in
8568     Subsection (9)(c)(i).
8569          Section 107. Section 59-2-1710 is amended to read:
8570          59-2-1710. Acquisition of land by governmental entity -- Requirements --
8571     Rollback tax -- One-time in lieu fee payment -- Passage of title.
8572          (1) For purposes of this section, "governmental entity" means:
8573          (a) the United States;
8574          (b) the state;
8575          (c) a political subdivision of the state, including a county, city, town, school district,
8576     [local] special district, or special service district; or
8577          (d) an entity created by the state or the United States, including an agency, board,
8578     bureau, commission, committee, department, division, institution, instrumentality, or office.
8579          (2) (a) Except as provided in Subsections (3) and (4), land acquired by a governmental
8580     entity is subject to the rollback tax imposed by this part if:
8581          (i) before the governmental entity acquires the land, the land is assessed under this

8582     part; and
8583          (ii) after the governmental entity acquires the land, the land does not meet the
8584     requirements of Section 59-2-1703 for assessment under this part.
8585          (b) A person dedicating a public right-of-way to a governmental entity shall pay the
8586     rollback tax imposed by this part if:
8587          (i) a portion of the public right-of-way is located within a subdivision as defined in
8588     Section 10-9a-103; or
8589          (ii) in exchange for the dedication, the person dedicating the public right-of-way
8590     receives money or other consideration.
8591          (3) (a) Land acquired by a governmental entity is not subject to the rollback tax
8592     imposed by this part, but is subject to a one-time in lieu fee payment as provided in Subsection
8593     (3)(b), if:
8594          (i) the governmental entity acquires the land by eminent domain;
8595          (ii) (A) the land is under the threat or imminence of eminent domain proceedings; and
8596          (B) the governmental entity provides written notice of the proceedings to the owner; or
8597          (iii) the land is donated to the governmental entity.
8598          (b) (i) If a governmental entity acquires land under Subsection (3)(a)(iii), the
8599     governmental entity shall make a one-time in lieu fee payment:
8600          (A) to the county treasurer of the county in which the land is located; and
8601          (B) in an amount equal to the amount of rollback tax calculated under Section
8602     59-2-1705.
8603          (ii) A governmental entity that acquires land under Subsection (3)(a)(i) or (ii) shall
8604     make a one-time in lieu fee payment to the county treasurer of the county in which the land is
8605     located:
8606          (A) if the land remaining after the acquisition by the governmental entity meets the
8607     requirements of Section 59-2-1703, in an amount equal to the rollback tax under Section
8608     59-2-1705 on the land acquired by the governmental entity; or
8609          (B) if the land remaining after the acquisition by the governmental entity is less than
8610     two acres, in an amount equal to the rollback tax under Section 59-2-1705 on the land acquired
8611     by the governmental entity and the land remaining after the acquisition by the governmental
8612     entity.

8613          (c) A county receiving an in lieu fee payment under Subsection (3)(b) shall distribute
8614     the revenues collected from the payment:
8615          (i) to the taxing entities in which the land is located; and
8616          (ii) in the same proportion as the revenue from real property taxes is distributed.
8617          (4) If a governmental entity acquires land subject to assessment under this part, title to
8618     the land may not pass to the governmental entity until any tax, one-time in lieu fee payment,
8619     and applicable interest due under this part are paid to the county treasurer.
8620          Section 108. Section 63A-5b-901 is amended to read:
8621          63A-5b-901. Definitions.
8622          As used in this part:
8623          (1) "Applicant" means a person who submits a timely, qualified proposal to the
8624     division.
8625          (2) "Condemnee" means the same as that term is defined in Section 78B-6-520.3.
8626          (3) "Division-owned property" means real property, including an interest in real
8627     property, to which the division holds title, regardless of who occupies or uses the real property.
8628          (4) "Local government entity" means a county, city, town, metro township, [local]
8629     special district, special service district, community development and renewal agency,
8630     conservation district, school district, or other political subdivision of the state.
8631          (5) "Primary state agency" means a state agency for which the division holds title to
8632     real property that the state agency occupies or uses, as provided in Subsection
8633     63A-5b-303(1)(a)(iv).
8634          (6) "Private party" means a person who is not a state agency, local government entity,
8635     or public purpose nonprofit entity.
8636          (7) "Public purpose nonprofit entity" means a corporation, association, organization, or
8637     entity that:
8638          (a) is located within the state;
8639          (b) is not a state agency or local government entity;
8640          (c) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue
8641     Code; and
8642          (d) operates to fulfill a public purpose.
8643          (8) "Qualified proposal" means a written proposal that:

8644          (a) meets the criteria established by the division by rule under Section 63A-5b-903;
8645          (b) if submitted by a local government entity or public purpose nonprofit entity,
8646     explains the public purpose for which the local government entity or public purpose nonprofit
8647     entity seeks a transfer of ownership or lease of the vacant division-owned property; and
8648          (c) the director determines will, if accepted and implemented, provide a material
8649     benefit to the state.
8650          (9) "Secondary state agency" means a state agency:
8651          (a) that is authorized to hold title to real property that the state agency occupies or uses,
8652     as provided in Section 63A-5b-304; and
8653          (b) for which the division does not hold title to real property that the state agency
8654     occupies or uses.
8655          (10) "State agency" means a department, division, office, entity, agency, or other unit
8656     of state government.
8657          (11) "Transfer of ownership" includes a transfer of the ownership of vacant
8658     division-owned property that occurs as part of an exchange of the vacant division-owned
8659     property for another property.
8660          (12) "Vacant division-owned property" means division-owned property that:
8661          (a) a primary state agency is not occupying or using; and
8662          (b) the director has determined should be made available for:
8663          (i) use or occupancy by a primary state agency; or
8664          (ii) a transfer of ownership or lease to a secondary state agency, local government
8665     entity, public purpose nonprofit entity, or private party.
8666          (13) "Written proposal" means a brief statement in writing that explains:
8667          (a) the proposed use or occupancy, transfer of ownership, or lease of vacant
8668     division-owned property; and
8669          (b) how the state will benefit from the proposed use or occupancy, transfer of
8670     ownership, or lease.
8671          Section 109. Section 63A-5b-1102 is amended to read:
8672          63A-5b-1102. Memorials by the state or state agencies.
8673          (1) As used in this section:
8674          (a) "Authorizing agency" means an agency that holds title to state land.

8675          (b) "Authorizing agency" does not mean a [local] special district under [Title 17B,
8676     Limited Purpose Local Government Entities - Local Districts] Title 17B, Limited Purpose
8677     Local Government Entities - Special Districts, or a special service district under Title 17D,
8678     Chapter 1, Special Service District Act.
8679          (2) The Legislature, the governor, or an authorizing agency may authorize the use or
8680     donation of state land for the purpose of maintaining, erecting, or contributing to the erection or
8681     maintenance of a memorial to commemorate individuals who have:
8682          (a) participated in or have given their lives in any of the one or more wars or military
8683     conflicts in which the United States of America has been a participant; or
8684          (b) given their lives in association with public service on behalf of the state, including
8685     firefighters, peace officers, highway patrol officers, or other public servants.
8686          (3) The use or donation of state land in relation to a memorial described in Subsection
8687     (2) may include:
8688          (a) using or appropriating public funds for the purchase, development, improvement, or
8689     maintenance of state land on which a memorial is located or established;
8690          (b) using or appropriating public funds for the erection, improvement, or maintenance
8691     of a memorial;
8692          (c) donating or selling state land for use in relation to a memorial; or
8693          (d) authorizing the use of state land for a memorial that is funded or maintained in part
8694     or in full by another public or private entity.
8695          (4) The Legislature, the governor, or an authorizing agency may specify the form,
8696     placement, and design of a memorial that is subject to this section if the Legislature, the
8697     governor, or the authorizing agency holds title to, has authority over, or donates the land on
8698     which a memorial is established.
8699          (5) A memorial within the definition of a capital development project, as defined in
8700     Section 63A-5b-401, is required to be approved as provided for in Section 63A-5b-402.
8701          (6) Nothing in this section may be construed as a prohibition of a memorial, including
8702     a memorial for a purpose not covered by this section, that:
8703          (a) is erected within the approval requirements in effect at the time of the memorial's
8704     erection; or
8705          (b) may be duly authorized through other legal means.

8706          Section 110. Section 63A-9-101 is amended to read:
8707          63A-9-101. Definitions.
8708          As used in this part:
8709          (1) (a) "Agency" means each department, commission, board, council, agency,
8710     institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
8711     unit, bureau, panel, or other administrative unit of the state.
8712          (b) "Agency" includes the State Board of Education and each higher education
8713     institution described in Section 53B-1-102.
8714          (c) "Agency" includes the legislative and judicial branches.
8715          (2) "Committee" means the Motor Vehicle Review Committee created by this chapter.
8716          (3) "Director" means the director of the division.
8717          (4) "Division" means the Division of Fleet Operations created by this chapter.
8718          (5) "Executive director" means the executive director of the Department of
8719     Government Operations.
8720          (6) "Local agency" means:
8721          (a) a county;
8722          (b) a municipality;
8723          (c) a school district;
8724          (d) a [local] special district;
8725          (e) a special service district;
8726          (f) an interlocal entity as defined under Section 11-13-103; or
8727          (g) any other political subdivision of the state, including a local commission, board, or
8728     other governmental entity that is vested with the authority to make decisions regarding the
8729     public's business.
8730          (7) (a) "Motor vehicle" means a self-propelled vehicle capable of carrying passengers.
8731          (b) "Motor vehicle" includes vehicles used for construction and other nontransportation
8732     purposes.
8733          (8) "State vehicle" means each motor vehicle owned, operated, or in the possession of
8734     an agency.
8735          Section 111. Section 63A-9-401 is amended to read:
8736          63A-9-401. Division -- Duties.

8737          (1) The division shall:
8738          (a) perform all administrative duties and functions related to management of state
8739     vehicles;
8740          (b) coordinate all purchases of state vehicles;
8741          (c) establish one or more fleet automation and information systems for state vehicles;
8742          (d) make rules establishing requirements for:
8743          (i) maintenance operations for state vehicles;
8744          (ii) use requirements for state vehicles;
8745          (iii) fleet safety and loss prevention programs;
8746          (iv) preventative maintenance programs;
8747          (v) procurement of state vehicles, including:
8748          (A) vehicle standards;
8749          (B) alternative fuel vehicle requirements;
8750          (C) short-term lease programs;
8751          (D) equipment installation; and
8752          (E) warranty recovery programs;
8753          (vi) fuel management programs;
8754          (vii) cost management programs;
8755          (viii) business and personal use practices, including commute standards;
8756          (ix) cost recovery and billing procedures;
8757          (x) disposal of state vehicles;
8758          (xi) reassignment of state vehicles and reallocation of vehicles throughout the fleet;
8759          (xii) standard use and rate structures for state vehicles; and
8760          (xiii) insurance and risk management requirements;
8761          (e) establish a parts inventory;
8762          (f) create and administer a fuel dispensing services program that meets the
8763     requirements of Subsection (2);
8764          (g) emphasize customer service when dealing with agencies and agency employees;
8765          (h) conduct an annual audit of all state vehicles for compliance with division
8766     requirements;
8767          (i) before charging a rate, fee, or other amount to an executive branch agency, or to a

8768     subscriber of services other than an executive branch agency:
8769          (i) submit the proposed rates, fees, and cost analysis to the Rate Committee established
8770     in Section 63A-1-114; and
8771          (ii) obtain the approval of the Legislature as required by Section 63J-1-410 or
8772     63J-1-504; and
8773          (j) conduct an annual market analysis of proposed rates and fees, which analysis shall
8774     include a comparison of the division's rates and fees with the fees of other public or private
8775     sector providers where comparable services and rates are reasonably available.
8776          (2) The division shall operate a fuel dispensing services program in a manner that:
8777          (a) reduces the risk of environmental damage and subsequent liability for leaks
8778     involving state-owned underground storage tanks;
8779          (b) eliminates fuel site duplication and reduces overall costs associated with fuel
8780     dispensing;
8781          (c) provides efficient fuel management and efficient and accurate accounting of
8782     fuel-related expenses;
8783          (d) where practicable, privatizes portions of the state's fuel dispensing system;
8784          (e) provides central planning for fuel contingencies;
8785          (f) establishes fuel dispensing sites that meet geographical distribution needs and that
8786     reflect usage patterns;
8787          (g) where practicable, uses alternative sources of energy; and
8788          (h) provides safe, accessible fuel supplies in an emergency.
8789          (3) The division shall:
8790          (a) ensure that the state and each of its agencies comply with state and federal law and
8791     state and federal rules and regulations governing underground storage tanks;
8792          (b) coordinate the installation of new state-owned underground storage tanks and the
8793     upgrading or retrofitting of existing underground storage tanks;
8794          (c) by no later than June 30, 2025, ensure that an underground storage tank qualifies for
8795     a rebate, provided under Subsection 19-6-410.5(5)(d), of a portion of the environmental
8796     assurance fee described in Subsection 19-6-410.5(4), if the underground storage tank is owned
8797     by:
8798          (i) the state;

8799          (ii) a state agency; or
8800          (iii) a county, municipality, school district, [local] special district, special service
8801     district, or federal agency that has subscribed to the fuel dispensing service provided by the
8802     division under Subsection (6)(b);
8803          (d) report to the Natural Resources, Agriculture, and Environmental Quality
8804     Appropriations Subcommittee by no later than:
8805          (i) November 30, 2020, on the status of the requirements of Subsection (3)(c); and
8806          (ii) November 30, 2024, on whether:
8807          (A) the requirements of Subsection (3)(c) have been met; and
8808          (B) additional funding is needed to accomplish the requirements of Subsection (3)(c);
8809     and
8810          (e) ensure that counties, municipalities, school districts, [local] special districts, and
8811     special service districts subscribing to services provided by the division sign a contract that:
8812          (i) establishes the duties and responsibilities of the parties;
8813          (ii) establishes the cost for the services; and
8814          (iii) defines the liability of the parties.
8815          (4) In fulfilling the requirements of Subsection (3)(c), the division may give priority to
8816     underground storage tanks owned by the state or a state agency under Subsections (3)(c)(i) and
8817     (ii).
8818          (5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
8819     the director of the Division of Fleet Operations:
8820          (i) may make rules governing fuel dispensing; and
8821          (ii) shall make rules establishing standards and procedures for purchasing the most
8822     economically appropriate size and type of vehicle for the purposes and driving conditions for
8823     which the vehicle will be used, including procedures for granting exceptions to the standards
8824     by the executive director of the Department of Government Operations.
8825          (b) Rules made under Subsection (5)(a)(ii):
8826          (i) shall designate a standard vehicle size and type that shall be designated as the
8827     statewide standard vehicle for fleet expansion and vehicle replacement;
8828          (ii) may designate different standard vehicle size and types based on defined categories
8829     of vehicle use;

8830          (iii) may, when determining a standard vehicle size and type for a specific category of
8831     vehicle use, consider the following factors affecting the vehicle class:
8832          (A) size requirements;
8833          (B) economic savings;
8834          (C) fuel efficiency;
8835          (D) driving and use requirements;
8836          (E) safety;
8837          (F) maintenance requirements;
8838          (G) resale value; and
8839          (H) the requirements of Section 63A-9-403; and
8840          (iv) shall require agencies that request a vehicle size and type that is different from the
8841     standard vehicle size and type to:
8842          (A) submit a written request for a nonstandard vehicle to the division that contains the
8843     following:
8844          (I) the make and model of the vehicle requested, including acceptable alternate vehicle
8845     makes and models as applicable;
8846          (II) the reasons justifying the need for a nonstandard vehicle size or type;
8847          (III) the date of the request; and
8848          (IV) the name and signature of the person making the request; and
8849          (B) obtain the division's written approval for the nonstandard vehicle.
8850          (6) (a) (i) Each state agency and each higher education institution shall subscribe to the
8851     fuel dispensing services provided by the division.
8852          (ii) A state agency may not provide or subscribe to any other fuel dispensing services,
8853     systems, or products other than those provided by the division.
8854          (b) Counties, municipalities, school districts, [local] special districts, special service
8855     districts, and federal agencies may subscribe to the fuel dispensing services provided by the
8856     division if:
8857          (i) the county or municipal legislative body, the school district, or the [local] special
8858     district or special service district board recommends that the county, municipality, school
8859     district, [local] special district, or special service district subscribe to the fuel dispensing
8860     services of the division; and

8861          (ii) the division approves participation in the program by that government unit.
8862          (7) The director, with the approval of the executive director, may delegate functions to
8863     institutions of higher education, by contract or other means authorized by law, if:
8864          (a) the agency or institution of higher education has requested the authority;
8865          (b) in the judgment of the director, the state agency or institution has the necessary
8866     resources and skills to perform the delegated responsibilities; and
8867          (c) the delegation of authority is in the best interest of the state and the function
8868     delegated is accomplished according to provisions contained in law or rule.
8869          Section 112. Section 63A-15-102 is amended to read:
8870          63A-15-102. Definitions.
8871          (1) "Commission" means the Political Subdivisions Ethics Review Commission
8872     established in Section 63A-15-201.
8873          (2) "Complainant" means a person who files a complaint in accordance with Section
8874     63A-15-501.
8875          (3) "Ethics violation" means a violation of:
8876          (a) Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act;
8877          (b) Title 17, Chapter 16a, County Officers and Employees Disclosure Act; or
8878          (c) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
8879          (4) "Local political subdivision ethics commission" means an ethics commission
8880     established by a political subdivision within the political subdivision or with another political
8881     subdivision by interlocal agreement in accordance with Section 63A-15-103.
8882          (5) "Political subdivision" means a county, municipality, school district, community
8883     reinvestment agency, [local] special district, special service district, an entity created by an
8884     interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, a local
8885     building authority, or any other governmental subdivision or public corporation.
8886          (6) (a) "Political subdivision employee" means a person who is:
8887          (i) (A) in a municipality, employed as a city manager or non-elected chief executive on
8888     a full or part-time basis; or
8889          (B) employed as the non-elected chief executive by a political subdivision other than a
8890     municipality on a full or part-time basis; and
8891          (ii) subject to:

8892          (A) Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act;
8893          (B) Title 17, Chapter 16a, County Officers and Employees Disclosure Act; or
8894          (C) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
8895          (b) "Political subdivision employee" does not include:
8896          (i) a person who is a political subdivision officer;
8897          (ii) an employee of a state entity; or
8898          (iii) a legislative employee as defined in Section 67-16-3.
8899          (7) "Political subdivision governing body" means:
8900          (a) for a county, the county legislative body as defined in Section 68-3-12.5;
8901          (b) for a municipality, the council of the city or town;
8902          (c) for a school district, the local board of education described in Section 53G-4-201;
8903          (d) for a community reinvestment agency, the agency board described in Section
8904     17C-1-203;
8905          (e) for a [local] special district, the board of trustees described in Section 17B-1-301;
8906          (f) for a special service district:
8907          (i) the legislative body of the county, city, or town that established the special service
8908     district, if no administrative control board has been appointed under Section 17D-1-301; or
8909          (ii) the administrative control board of the special service district, if an administrative
8910     control board has been appointed under Section 17D-1-301;
8911          (g) for an entity created by an interlocal agreement, the governing body of an interlocal
8912     entity, as defined in Section 11-13-103;
8913          (h) for a local building authority, the governing body, as defined in Section 17D-2-102,
8914     that creates the local building authority; or
8915          (i) for any other governmental subdivision or public corporation, the board or other
8916     body authorized to make executive and management decisions for the subdivision or public
8917     corporation.
8918          (8) (a) "Political subdivision officer" means a person elected in a political subdivision
8919     who is subject to:
8920          (i) Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act;
8921          (ii) Title 17, Chapter 16a, County Officers and Employees Disclosure Act; or
8922          (iii) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.

8923          (b) "Political subdivision officer" does not include:
8924          (i) a person elected or appointed to a state entity;
8925          (ii) the governor;
8926          (iii) the lieutenant governor;
8927          (iv) a member or member-elect of either house of the Legislature; or
8928          (v) a member of Utah's congressional delegation.
8929          (9) "Respondent" means a person who files a response in accordance with Section
8930     63A-15-604.
8931          Section 113. Section 63A-15-201 is amended to read:
8932          63A-15-201. Commission established -- Membership.
8933          (1) There is established a Political Subdivisions Ethics Review Commission.
8934          (2) The commission is composed of seven individuals, each of whom is registered to
8935     vote in this state and appointed by the governor with the advice and consent of the Senate, as
8936     follows:
8937          (a) one member who has served, but no longer serves, as a judge of a court of record in
8938     this state;
8939          (b) one member who has served as a mayor or municipal council member no more
8940     recently than four years before the date of appointment;
8941          (c) one member who has served as a member of a local board of education no more
8942     recently than four years before the date of appointment;
8943          (d) two members who are lay persons; and
8944          (e) two members, each of whom is one of the following:
8945          (i) a municipal mayor no more recently than four years before the date of appointment;
8946          (ii) a municipal council member no more recently than four years before the date of
8947     appointment;
8948          (iii) a county mayor no more recently than four years before the date of appointment;
8949          (iv) a county commissioner no more recently than four years before the date of
8950     appointment;
8951          (v) a special service district administrative control board member no more recently
8952     than four years before the date of appointment;
8953          (vi) a [local] special district board of trustees member no more recently than four years

8954     before the date of appointment; or
8955          (vii) a judge who has served, but no longer serves, as a judge of a court of record in
8956     this state.
8957          (3) (a) A member of the commission may not, during the member's term of office on
8958     the commission, act or serve as:
8959          (i) a political subdivision officer;
8960          (ii) a political subdivision employee;
8961          (iii) an agency head as defined in Section 67-16-3;
8962          (iv) a lobbyist as defined in Section 36-11-102; or
8963          (v) a principal as defined in Section 36-11-102.
8964          (b) In addition to the seven members described in Subsection (2), the governor shall,
8965     with the advice and consent of the Senate, appoint one individual as an alternate member of the
8966     commission who:
8967          (i) may be a lay person;
8968          (ii) shall be registered to vote in the state; and
8969          (iii) complies with the requirements described in Subsection (3)(a).
8970          (c) The alternate member described in Subsection (3)(b):
8971          (i) shall serve as a member of the commission in the place of one of the seven members
8972     described in Subsection (2) if that member is temporarily unable or unavailable to participate in
8973     a commission function or is disqualified under Section 63A-15-303; and
8974          (ii) may not cast a vote on the commission unless the alternate member is serving in
8975     the capacity described in Subsection (3)(c)(i).
8976          (4) (a) (i) Except as provided in Subsection (4)(a)(ii), each member of the commission
8977     shall serve a four-year term.
8978          (ii) When appointing the initial members upon formation of the commission, a member
8979     described in Subsections (2)(b) through (d) shall be appointed to a two-year term so that
8980     approximately half of the commission is appointed every two years.
8981          (b) (i) When a vacancy occurs in the commission's membership for any reason, a
8982     replacement member shall be appointed for the unexpired term of the vacating member using
8983     the procedures and requirements of Subsection (2).
8984          (ii) For the purposes of this section, an appointment for an unexpired term of a

8985     vacating member is not considered a full term.
8986          (c) A member may not be appointed to serve for more than two full terms, whether
8987     those terms are two or four years.
8988          (d) A member of the commission may resign from the commission by giving one
8989     month's written notice of the resignation to the governor.
8990          (e) The governor shall remove a member from the commission if the member:
8991          (i) is convicted of, or enters a plea of guilty to, a crime involving moral turpitude;
8992          (ii) enters a plea of no contest or a plea in abeyance to a crime involving moral
8993     turpitude; or
8994          (iii) fails to meet the qualifications of office as provided in this section.
8995          (f) (i) If a commission member is accused of wrongdoing in a complaint, or if a
8996     commission member has a conflict of interest in relation to a matter before the commission:
8997          (A) the alternate member described in Subsection (3)(b) shall serve in the member's
8998     place for the purposes of reviewing the complaint; or
8999          (B) if the alternate member has already taken the place of another commission member
9000     or is otherwise not available, the commission shall appoint another individual to temporarily
9001     serve in the member's place for the purposes of reviewing the complaint.
9002          (ii) An individual appointed by the commission under Subsection (4)(f)(i)(B):
9003          (A) is not required to be confirmed by the Senate;
9004          (B) may be a lay person;
9005          (C) shall be registered to vote in the state; and
9006          (D) shall comply with Subsection (3)(a).
9007          (5) (a) Except as provided in Subsection (5)(b)(i), a member of the commission may
9008     not receive compensation or benefits for the member's service.
9009          (b) (i) A member may receive per diem and expenses incurred in the performance of
9010     the member's official duties at the rates established by the Division of Finance under Sections
9011     63A-3-106 and 63A-3-107.
9012          (ii) A member may decline to receive per diem and expenses for the member's service.
9013          (6) The commission members shall, by a majority vote, elect a commission chair from
9014     among the commission members.
9015          Section 114. Section 63C-24-102 is amended to read:

9016          63C-24-102. Definitions.
9017          As used in this chapter:
9018          (1) "Commission" means the Personal Privacy Oversight Commission created in
9019     Section 63C-24-201.
9020          (2) (a) "Government entity" means the state, a county, a municipality, a higher
9021     education institution, a [local] special district, a special service district, a school district, an
9022     independent entity, or any other political subdivision of the state or an administrative subunit of
9023     any political subdivision, including a law enforcement entity.
9024          (b) "Government entity" includes an agent of an entity described in Subsection (2)(a).
9025          (3) "Independent entity" means the same as that term is defined in Section 63E-1-102.
9026          (4) (a) "Personal data" means any information relating to an identified or identifiable
9027     individual.
9028          (b) "Personal data" includes personally identifying information.
9029          (5) (a) "Privacy practice" means the acquisition, use, storage, or disposal of personal
9030     data.
9031          (b) "Privacy practice" includes:
9032          (i) a technology use related to personal data; and
9033          (ii) policies related to the protection, storage, sharing, and retention of personal data.
9034          Section 115. Section 63E-1-102 is amended to read:
9035          63E-1-102. Definitions -- List of independent entities.
9036          As used in this title:
9037          (1) "Authorizing statute" means the statute creating an entity as an independent entity.
9038          (2) "Committee" means the Retirement and Independent Entities Committee created by
9039     Section 63E-1-201.
9040          (3) "Independent corporation" means a corporation incorporated in accordance with
9041     Chapter 2, Independent Corporations Act.
9042          (4) (a) "Independent entity" means an entity having a public purpose relating to the
9043     state or its citizens that is individually created by the state or is given by the state the right to
9044     exist and conduct its affairs as an:
9045          (i) independent state agency; or
9046          (ii) independent corporation.

9047          (b) "Independent entity" includes the:
9048          (i) Utah Beef Council, created by Section 4-21-103;
9049          (ii) Utah Dairy Commission created by Section 4-22-103;
9050          (iii) Heber Valley Historic Railroad Authority created by Section 63H-4-102;
9051          (iv) Utah Housing Corporation created by Section 63H-8-201;
9052          (v) Utah State Fair Corporation created by Section 63H-6-103;
9053          (vi) Utah State Retirement Office created by Section 49-11-201;
9054          (vii) School and Institutional Trust Lands Administration created by Section
9055     53C-1-201;
9056          (viii) School and Institutional Trust Fund Office created by Section 53D-1-201;
9057          (ix) Utah Communications Authority created by Section 63H-7a-201;
9058          (x) Utah Capital Investment Corporation created by Section 63N-6-301; and
9059          (xi) Military Installation Development Authority created by Section 63H-1-201.
9060          (c) Notwithstanding this Subsection (4), "independent entity" does not include:
9061          (i) the Public Service Commission of Utah created by Section 54-1-1;
9062          (ii) an institution within the state system of higher education;
9063          (iii) a city, county, or town;
9064          (iv) a local school district;
9065          (v) a [local] special district under [Title 17B, Limited Purpose Local Government
9066     Entities - Local Districts] Title 17B, Limited Purpose Local Government Entities - Special
9067     Districts; or
9068          (vi) a special service district under Title 17D, Chapter 1, Special Service District Act.
9069          (5) "Independent state agency" means an entity that is created by the state, but is
9070     independent of the governor's direct supervisory control.
9071          (6) "Money held in trust" means money maintained for the benefit of:
9072          (a) one or more private individuals, including public employees;
9073          (b) one or more public or private entities; or
9074          (c) the owners of a quasi-public corporation.
9075          (7) "Public corporation" means an artificial person, public in ownership, individually
9076     created by the state as a body politic and corporate for the administration of a public purpose
9077     relating to the state or its citizens.

9078          (8) "Quasi-public corporation" means an artificial person, private in ownership,
9079     individually created as a corporation by the state, which has accepted from the state the grant of
9080     a franchise or contract involving the performance of a public purpose relating to the state or its
9081     citizens.
9082          Section 116. Section 63G-2-103 is amended to read:
9083          63G-2-103. Definitions.
9084          As used in this chapter:
9085          (1) "Audit" means:
9086          (a) a systematic examination of financial, management, program, and related records
9087     for the purpose of determining the fair presentation of financial statements, adequacy of
9088     internal controls, or compliance with laws and regulations; or
9089          (b) a systematic examination of program procedures and operations for the purpose of
9090     determining their effectiveness, economy, efficiency, and compliance with statutes and
9091     regulations.
9092          (2) "Chronological logs" mean the regular and customary summary records of law
9093     enforcement agencies and other public safety agencies that show:
9094          (a) the time and general nature of police, fire, and paramedic calls made to the agency;
9095     and
9096          (b) any arrests or jail bookings made by the agency.
9097          (3) "Classification," "classify," and their derivative forms mean determining whether a
9098     record series, record, or information within a record is public, private, controlled, protected, or
9099     exempt from disclosure under Subsection 63G-2-201(3)(b).
9100          (4) (a) "Computer program" means:
9101          (i) a series of instructions or statements that permit the functioning of a computer
9102     system in a manner designed to provide storage, retrieval, and manipulation of data from the
9103     computer system; and
9104          (ii) any associated documentation and source material that explain how to operate the
9105     computer program.
9106          (b) "Computer program" does not mean:
9107          (i) the original data, including numbers, text, voice, graphics, and images;
9108          (ii) analysis, compilation, and other manipulated forms of the original data produced by

9109     use of the program; or
9110          (iii) the mathematical or statistical formulas, excluding the underlying mathematical
9111     algorithms contained in the program, that would be used if the manipulated forms of the
9112     original data were to be produced manually.
9113          (5) (a) "Contractor" means:
9114          (i) any person who contracts with a governmental entity to provide goods or services
9115     directly to a governmental entity; or
9116          (ii) any private, nonprofit organization that receives funds from a governmental entity.
9117          (b) "Contractor" does not mean a private provider.
9118          (6) "Controlled record" means a record containing data on individuals that is controlled
9119     as provided by Section 63G-2-304.
9120          (7) "Designation," "designate," and their derivative forms mean indicating, based on a
9121     governmental entity's familiarity with a record series or based on a governmental entity's
9122     review of a reasonable sample of a record series, the primary classification that a majority of
9123     records in a record series would be given if classified and the classification that other records
9124     typically present in the record series would be given if classified.
9125          (8) "Elected official" means each person elected to a state office, county office,
9126     municipal office, school board or school district office, [local] special district office, or special
9127     service district office, but does not include judges.
9128          (9) "Explosive" means a chemical compound, device, or mixture:
9129          (a) commonly used or intended for the purpose of producing an explosion; and
9130          (b) that contains oxidizing or combustive units or other ingredients in proportions,
9131     quantities, or packing so that:
9132          (i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
9133     compound or mixture may cause a sudden generation of highly heated gases; and
9134          (ii) the resultant gaseous pressures are capable of:
9135          (A) producing destructive effects on contiguous objects; or
9136          (B) causing death or serious bodily injury.
9137          (10) "Government audit agency" means any governmental entity that conducts an audit.
9138          (11) (a) "Governmental entity" means:
9139          (i) executive department agencies of the state, the offices of the governor, lieutenant

9140     governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole,
9141     the Board of Examiners, the National Guard, the Career Service Review Office, the State
9142     Board of Education, the Utah Board of Higher Education, and the State Archives;
9143          (ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
9144     Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative
9145     committees, except any political party, group, caucus, or rules or sifting committee of the
9146     Legislature;
9147          (iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar
9148     administrative units in the judicial branch;
9149          (iv) any state-funded institution of higher education or public education; or
9150          (v) any political subdivision of the state, but, if a political subdivision has adopted an
9151     ordinance or a policy relating to information practices pursuant to Section 63G-2-701, this
9152     chapter shall apply to the political subdivision to the extent specified in Section 63G-2-701 or
9153     as specified in any other section of this chapter that specifically refers to political subdivisions.
9154          (b) "Governmental entity" also means:
9155          (i) every office, agency, board, bureau, committee, department, advisory board, or
9156     commission of an entity listed in Subsection (11)(a) that is funded or established by the
9157     government to carry out the public's business;
9158          (ii) as defined in Section 11-13-103, an interlocal entity or joint or cooperative
9159     undertaking;
9160          (iii) as defined in Section 11-13a-102, a governmental nonprofit corporation;
9161          (iv) an association as defined in Section 53G-7-1101;
9162          (v) the Utah Independent Redistricting Commission; and
9163          (vi) a law enforcement agency, as defined in Section 53-1-102, that employs one or
9164     more law enforcement officers, as defined in Section 53-13-103.
9165          (c) "Governmental entity" does not include the Utah Educational Savings Plan created
9166     in Section 53B-8a-103.
9167          (12) "Gross compensation" means every form of remuneration payable for a given
9168     period to an individual for services provided including salaries, commissions, vacation pay,
9169     severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any
9170     similar benefit received from the individual's employer.

9171          (13) "Individual" means a human being.
9172          (14) (a) "Initial contact report" means an initial written or recorded report, however
9173     titled, prepared by peace officers engaged in public patrol or response duties describing official
9174     actions initially taken in response to either a public complaint about or the discovery of an
9175     apparent violation of law, which report may describe:
9176          (i) the date, time, location, and nature of the complaint, the incident, or offense;
9177          (ii) names of victims;
9178          (iii) the nature or general scope of the agency's initial actions taken in response to the
9179     incident;
9180          (iv) the general nature of any injuries or estimate of damages sustained in the incident;
9181          (v) the name, address, and other identifying information about any person arrested or
9182     charged in connection with the incident; or
9183          (vi) the identity of the public safety personnel, except undercover personnel, or
9184     prosecuting attorney involved in responding to the initial incident.
9185          (b) Initial contact reports do not include follow-up or investigative reports prepared
9186     after the initial contact report. However, if the information specified in Subsection (14)(a)
9187     appears in follow-up or investigative reports, it may only be treated confidentially if it is
9188     private, controlled, protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).
9189          (c) Initial contact reports do not include accident reports, as that term is described in
9190     Title 41, Chapter 6a, Part 4, Accident Responsibilities.
9191          (15) "Legislative body" means the Legislature.
9192          (16) "Notice of compliance" means a statement confirming that a governmental entity
9193     has complied with an order of the State Records Committee.
9194          (17) "Person" means:
9195          (a) an individual;
9196          (b) a nonprofit or profit corporation;
9197          (c) a partnership;
9198          (d) a sole proprietorship;
9199          (e) other type of business organization; or
9200          (f) any combination acting in concert with one another.
9201          (18) "Private provider" means any person who contracts with a governmental entity to

9202     provide services directly to the public.
9203          (19) "Private record" means a record containing data on individuals that is private as
9204     provided by Section 63G-2-302.
9205          (20) "Protected record" means a record that is classified protected as provided by
9206     Section 63G-2-305.
9207          (21) "Public record" means a record that is not private, controlled, or protected and that
9208     is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b).
9209          (22) (a) "Record" means a book, letter, document, paper, map, plan, photograph, film,
9210     card, tape, recording, electronic data, or other documentary material regardless of physical form
9211     or characteristics:
9212          (i) that is prepared, owned, received, or retained by a governmental entity or political
9213     subdivision; and
9214          (ii) where all of the information in the original is reproducible by photocopy or other
9215     mechanical or electronic means.
9216          (b) "Record" does not mean:
9217          (i) a personal note or personal communication prepared or received by an employee or
9218     officer of a governmental entity:
9219          (A) in a capacity other than the employee's or officer's governmental capacity; or
9220          (B) that is unrelated to the conduct of the public's business;
9221          (ii) a temporary draft or similar material prepared for the originator's personal use or
9222     prepared by the originator for the personal use of an individual for whom the originator is
9223     working;
9224          (iii) material that is legally owned by an individual in the individual's private capacity;
9225          (iv) material to which access is limited by the laws of copyright or patent unless the
9226     copyright or patent is owned by a governmental entity or political subdivision;
9227          (v) proprietary software;
9228          (vi) junk mail or a commercial publication received by a governmental entity or an
9229     official or employee of a governmental entity;
9230          (vii) a book that is cataloged, indexed, or inventoried and contained in the collections
9231     of a library open to the public;
9232          (viii) material that is cataloged, indexed, or inventoried and contained in the collections

9233     of a library open to the public, regardless of physical form or characteristics of the material;
9234          (ix) a daily calendar or other personal note prepared by the originator for the
9235     originator's personal use or for the personal use of an individual for whom the originator is
9236     working;
9237          (x) a computer program that is developed or purchased by or for any governmental
9238     entity for its own use;
9239          (xi) a note or internal memorandum prepared as part of the deliberative process by:
9240          (A) a member of the judiciary;
9241          (B) an administrative law judge;
9242          (C) a member of the Board of Pardons and Parole; or
9243          (D) a member of any other body, other than an association or appeals panel as defined
9244     in Section 53G-7-1101, charged by law with performing a quasi-judicial function;
9245          (xii) a telephone number or similar code used to access a mobile communication
9246     device that is used by an employee or officer of a governmental entity, provided that the
9247     employee or officer of the governmental entity has designated at least one business telephone
9248     number that is a public record as provided in Section 63G-2-301;
9249          (xiii) information provided by the Public Employees' Benefit and Insurance Program,
9250     created in Section 49-20-103, to a county to enable the county to calculate the amount to be
9251     paid to a health care provider under Subsection 17-50-319(2)(e)(ii);
9252          (xiv) information that an owner of unimproved property provides to a local entity as
9253     provided in Section 11-42-205;
9254          (xv) a video or audio recording of an interview, or a transcript of the video or audio
9255     recording, that is conducted at a Children's Justice Center established under Section 67-5b-102;
9256          (xvi) child pornography, as defined by Section 76-5b-103;
9257          (xvii) before final disposition of an ethics complaint occurs, a video or audio recording
9258     of the closed portion of a meeting or hearing of:
9259          (A) a Senate or House Ethics Committee;
9260          (B) the Independent Legislative Ethics Commission;
9261          (C) the Independent Executive Branch Ethics Commission, created in Section
9262     63A-14-202; or
9263          (D) the Political Subdivisions Ethics Review Commission established in Section

9264     63A-15-201; or
9265          (xviii) confidential communication described in Section 58-60-102, 58-61-102, or
9266     58-61-702.
9267          (23) "Record series" means a group of records that may be treated as a unit for
9268     purposes of designation, description, management, or disposition.
9269          (24) "Records officer" means the individual appointed by the chief administrative
9270     officer of each governmental entity, or the political subdivision to work with state archives in
9271     the care, maintenance, scheduling, designation, classification, disposal, and preservation of
9272     records.
9273          (25) "Schedule," "scheduling," and their derivative forms mean the process of
9274     specifying the length of time each record series should be retained by a governmental entity for
9275     administrative, legal, fiscal, or historical purposes and when each record series should be
9276     transferred to the state archives or destroyed.
9277          (26) "Sponsored research" means research, training, and other sponsored activities as
9278     defined by the federal Executive Office of the President, Office of Management and Budget:
9279          (a) conducted:
9280          (i) by an institution within the state system of higher education defined in Section
9281     53B-1-102; and
9282          (ii) through an office responsible for sponsored projects or programs; and
9283          (b) funded or otherwise supported by an external:
9284          (i) person that is not created or controlled by the institution within the state system of
9285     higher education; or
9286          (ii) federal, state, or local governmental entity.
9287          (27) "State archives" means the Division of Archives and Records Service created in
9288     Section 63A-12-101.
9289          (28) "State archivist" means the director of the state archives.
9290          (29) "State Records Committee" means the State Records Committee created in
9291     Section 63G-2-501.
9292          (30) "Summary data" means statistical records and compilations that contain data
9293     derived from private, controlled, or protected information but that do not disclose private,
9294     controlled, or protected information.

9295          Section 117. Section 63G-2-305 is amended to read:
9296          63G-2-305. Protected records.
9297          The following records are protected if properly classified by a governmental entity:
9298          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
9299     has provided the governmental entity with the information specified in Section 63G-2-309;
9300          (2) commercial information or nonindividual financial information obtained from a
9301     person if:
9302          (a) disclosure of the information could reasonably be expected to result in unfair
9303     competitive injury to the person submitting the information or would impair the ability of the
9304     governmental entity to obtain necessary information in the future;
9305          (b) the person submitting the information has a greater interest in prohibiting access
9306     than the public in obtaining access; and
9307          (c) the person submitting the information has provided the governmental entity with
9308     the information specified in Section 63G-2-309;
9309          (3) commercial or financial information acquired or prepared by a governmental entity
9310     to the extent that disclosure would lead to financial speculations in currencies, securities, or
9311     commodities that will interfere with a planned transaction by the governmental entity or cause
9312     substantial financial injury to the governmental entity or state economy;
9313          (4) records, the disclosure of which could cause commercial injury to, or confer a
9314     competitive advantage upon a potential or actual competitor of, a commercial project entity as
9315     defined in Subsection 11-13-103(4);
9316          (5) test questions and answers to be used in future license, certification, registration,
9317     employment, or academic examinations;
9318          (6) records, the disclosure of which would impair governmental procurement
9319     proceedings or give an unfair advantage to any person proposing to enter into a contract or
9320     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
9321     Subsection (6) does not restrict the right of a person to have access to, after the contract or
9322     grant has been awarded and signed by all parties:
9323          (a) a bid, proposal, application, or other information submitted to or by a governmental
9324     entity in response to:
9325          (i) an invitation for bids;

9326          (ii) a request for proposals;
9327          (iii) a request for quotes;
9328          (iv) a grant; or
9329          (v) other similar document; or
9330          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
9331          (7) information submitted to or by a governmental entity in response to a request for
9332     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
9333     the right of a person to have access to the information, after:
9334          (a) a contract directly relating to the subject of the request for information has been
9335     awarded and signed by all parties; or
9336          (b) (i) a final determination is made not to enter into a contract that relates to the
9337     subject of the request for information; and
9338          (ii) at least two years have passed after the day on which the request for information is
9339     issued;
9340          (8) records that would identify real property or the appraisal or estimated value of real
9341     or personal property, including intellectual property, under consideration for public acquisition
9342     before any rights to the property are acquired unless:
9343          (a) public interest in obtaining access to the information is greater than or equal to the
9344     governmental entity's need to acquire the property on the best terms possible;
9345          (b) the information has already been disclosed to persons not employed by or under a
9346     duty of confidentiality to the entity;
9347          (c) in the case of records that would identify property, potential sellers of the described
9348     property have already learned of the governmental entity's plans to acquire the property;
9349          (d) in the case of records that would identify the appraisal or estimated value of
9350     property, the potential sellers have already learned of the governmental entity's estimated value
9351     of the property; or
9352          (e) the property under consideration for public acquisition is a single family residence
9353     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
9354     the property as required under Section 78B-6-505;
9355          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
9356     compensated transaction of real or personal property including intellectual property, which, if

9357     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
9358     of the subject property, unless:
9359          (a) the public interest in access is greater than or equal to the interests in restricting
9360     access, including the governmental entity's interest in maximizing the financial benefit of the
9361     transaction; or
9362          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
9363     the value of the subject property have already been disclosed to persons not employed by or
9364     under a duty of confidentiality to the entity;
9365          (10) records created or maintained for civil, criminal, or administrative enforcement
9366     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
9367     release of the records:
9368          (a) reasonably could be expected to interfere with investigations undertaken for
9369     enforcement, discipline, licensing, certification, or registration purposes;
9370          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
9371     proceedings;
9372          (c) would create a danger of depriving a person of a right to a fair trial or impartial
9373     hearing;
9374          (d) reasonably could be expected to disclose the identity of a source who is not
9375     generally known outside of government and, in the case of a record compiled in the course of
9376     an investigation, disclose information furnished by a source not generally known outside of
9377     government if disclosure would compromise the source; or
9378          (e) reasonably could be expected to disclose investigative or audit techniques,
9379     procedures, policies, or orders not generally known outside of government if disclosure would
9380     interfere with enforcement or audit efforts;
9381          (11) records the disclosure of which would jeopardize the life or safety of an
9382     individual;
9383          (12) records the disclosure of which would jeopardize the security of governmental
9384     property, governmental programs, or governmental recordkeeping systems from damage, theft,
9385     or other appropriation or use contrary to law or public policy;
9386          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
9387     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere

9388     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
9389          (14) records that, if disclosed, would reveal recommendations made to the Board of
9390     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
9391     Board of Pardons and Parole, or the Department of Human Services that are based on the
9392     employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
9393     jurisdiction;
9394          (15) records and audit workpapers that identify audit, collection, and operational
9395     procedures and methods used by the State Tax Commission, if disclosure would interfere with
9396     audits or collections;
9397          (16) records of a governmental audit agency relating to an ongoing or planned audit
9398     until the final audit is released;
9399          (17) records that are subject to the attorney client privilege;
9400          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
9401     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
9402     quasi-judicial, or administrative proceeding;
9403          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
9404     from a member of the Legislature; and
9405          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
9406     legislative action or policy may not be classified as protected under this section; and
9407          (b) (i) an internal communication that is part of the deliberative process in connection
9408     with the preparation of legislation between:
9409          (A) members of a legislative body;
9410          (B) a member of a legislative body and a member of the legislative body's staff; or
9411          (C) members of a legislative body's staff; and
9412          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
9413     legislative action or policy may not be classified as protected under this section;
9414          (20) (a) records in the custody or control of the Office of Legislative Research and
9415     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
9416     legislation or contemplated course of action before the legislator has elected to support the
9417     legislation or course of action, or made the legislation or course of action public; and
9418          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the

9419     Office of Legislative Research and General Counsel is a public document unless a legislator
9420     asks that the records requesting the legislation be maintained as protected records until such
9421     time as the legislator elects to make the legislation or course of action public;
9422          (21) research requests from legislators to the Office of Legislative Research and
9423     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
9424     in response to these requests;
9425          (22) drafts, unless otherwise classified as public;
9426          (23) records concerning a governmental entity's strategy about:
9427          (a) collective bargaining; or
9428          (b) imminent or pending litigation;
9429          (24) records of investigations of loss occurrences and analyses of loss occurrences that
9430     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
9431     Uninsured Employers' Fund, or similar divisions in other governmental entities;
9432          (25) records, other than personnel evaluations, that contain a personal recommendation
9433     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
9434     personal privacy, or disclosure is not in the public interest;
9435          (26) records that reveal the location of historic, prehistoric, paleontological, or
9436     biological resources that if known would jeopardize the security of those resources or of
9437     valuable historic, scientific, educational, or cultural information;
9438          (27) records of independent state agencies if the disclosure of the records would
9439     conflict with the fiduciary obligations of the agency;
9440          (28) records of an institution within the state system of higher education defined in
9441     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
9442     retention decisions, and promotions, which could be properly discussed in a meeting closed in
9443     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
9444     the final decisions about tenure, appointments, retention, promotions, or those students
9445     admitted, may not be classified as protected under this section;
9446          (29) records of the governor's office, including budget recommendations, legislative
9447     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
9448     policies or contemplated courses of action before the governor has implemented or rejected
9449     those policies or courses of action or made them public;

9450          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
9451     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
9452     recommendations in these areas;
9453          (31) records provided by the United States or by a government entity outside the state
9454     that are given to the governmental entity with a requirement that they be managed as protected
9455     records if the providing entity certifies that the record would not be subject to public disclosure
9456     if retained by it;
9457          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
9458     public body except as provided in Section 52-4-206;
9459          (33) records that would reveal the contents of settlement negotiations but not including
9460     final settlements or empirical data to the extent that they are not otherwise exempt from
9461     disclosure;
9462          (34) memoranda prepared by staff and used in the decision-making process by an
9463     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
9464     other body charged by law with performing a quasi-judicial function;
9465          (35) records that would reveal negotiations regarding assistance or incentives offered
9466     by or requested from a governmental entity for the purpose of encouraging a person to expand
9467     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
9468     person or place the governmental entity at a competitive disadvantage, but this section may not
9469     be used to restrict access to a record evidencing a final contract;
9470          (36) materials to which access must be limited for purposes of securing or maintaining
9471     the governmental entity's proprietary protection of intellectual property rights including patents,
9472     copyrights, and trade secrets;
9473          (37) the name of a donor or a prospective donor to a governmental entity, including an
9474     institution within the state system of higher education defined in Section 53B-1-102, and other
9475     information concerning the donation that could reasonably be expected to reveal the identity of
9476     the donor, provided that:
9477          (a) the donor requests anonymity in writing;
9478          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
9479     classified protected by the governmental entity under this Subsection (37); and
9480          (c) except for an institution within the state system of higher education defined in

9481     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
9482     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
9483     over the donor, a member of the donor's immediate family, or any entity owned or controlled
9484     by the donor or the donor's immediate family;
9485          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
9486     73-18-13;
9487          (39) a notification of workers' compensation insurance coverage described in Section
9488     34A-2-205;
9489          (40) (a) the following records of an institution within the state system of higher
9490     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
9491     or received by or on behalf of faculty, staff, employees, or students of the institution:
9492          (i) unpublished lecture notes;
9493          (ii) unpublished notes, data, and information:
9494          (A) relating to research; and
9495          (B) of:
9496          (I) the institution within the state system of higher education defined in Section
9497     53B-1-102; or
9498          (II) a sponsor of sponsored research;
9499          (iii) unpublished manuscripts;
9500          (iv) creative works in process;
9501          (v) scholarly correspondence; and
9502          (vi) confidential information contained in research proposals;
9503          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
9504     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
9505          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
9506          (41) (a) records in the custody or control of the Office of the Legislative Auditor
9507     General that would reveal the name of a particular legislator who requests a legislative audit
9508     prior to the date that audit is completed and made public; and
9509          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
9510     Office of the Legislative Auditor General is a public document unless the legislator asks that
9511     the records in the custody or control of the Office of the Legislative Auditor General that would

9512     reveal the name of a particular legislator who requests a legislative audit be maintained as
9513     protected records until the audit is completed and made public;
9514          (42) records that provide detail as to the location of an explosive, including a map or
9515     other document that indicates the location of:
9516          (a) a production facility; or
9517          (b) a magazine;
9518          (43) information contained in the statewide database of the Division of Aging and
9519     Adult Services created by Section 62A-3-311.1;
9520          (44) information contained in the Licensing Information System described in Title 80,
9521     Chapter 2, Child Welfare Services;
9522          (45) information regarding National Guard operations or activities in support of the
9523     National Guard's federal mission;
9524          (46) records provided by any pawn or secondhand business to a law enforcement
9525     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop,
9526     Secondhand Merchandise, and Catalytic Converter Transaction Information Act;
9527          (47) information regarding food security, risk, and vulnerability assessments performed
9528     by the Department of Agriculture and Food;
9529          (48) except to the extent that the record is exempt from this chapter pursuant to Section
9530     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
9531     prepared or maintained by the Division of Emergency Management, and the disclosure of
9532     which would jeopardize:
9533          (a) the safety of the general public; or
9534          (b) the security of:
9535          (i) governmental property;
9536          (ii) governmental programs; or
9537          (iii) the property of a private person who provides the Division of Emergency
9538     Management information;
9539          (49) records of the Department of Agriculture and Food that provides for the
9540     identification, tracing, or control of livestock diseases, including any program established under
9541     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
9542     of Animal Disease;

9543          (50) as provided in Section 26-39-501:
9544          (a) information or records held by the Department of Health related to a complaint
9545     regarding a child care program or residential child care which the department is unable to
9546     substantiate; and
9547          (b) information or records related to a complaint received by the Department of Health
9548     from an anonymous complainant regarding a child care program or residential child care;
9549          (51) unless otherwise classified as public under Section 63G-2-301 and except as
9550     provided under Section 41-1a-116, an individual's home address, home telephone number, or
9551     personal mobile phone number, if:
9552          (a) the individual is required to provide the information in order to comply with a law,
9553     ordinance, rule, or order of a government entity; and
9554          (b) the subject of the record has a reasonable expectation that this information will be
9555     kept confidential due to:
9556          (i) the nature of the law, ordinance, rule, or order; and
9557          (ii) the individual complying with the law, ordinance, rule, or order;
9558          (52) the portion of the following documents that contains a candidate's residential or
9559     mailing address, if the candidate provides to the filing officer another address or phone number
9560     where the candidate may be contacted:
9561          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
9562     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
9563     20A-9-408.5, 20A-9-502, or 20A-9-601;
9564          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
9565          (c) a notice of intent to gather signatures for candidacy, described in Section
9566     20A-9-408;
9567          (53) the name, home address, work addresses, and telephone numbers of an individual
9568     that is engaged in, or that provides goods or services for, medical or scientific research that is:
9569          (a) conducted within the state system of higher education, as defined in Section
9570     53B-1-102; and
9571          (b) conducted using animals;
9572          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
9573     Evaluation Commission concerning an individual commissioner's vote, in relation to whether a

9574     judge meets or exceeds minimum performance standards under Subsection 78A-12-203(4), and
9575     information disclosed under Subsection 78A-12-203(5)(e);
9576          (55) information collected and a report prepared by the Judicial Performance
9577     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
9578     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
9579     the information or report;
9580          (56) records provided or received by the Public Lands Policy Coordinating Office in
9581     furtherance of any contract or other agreement made in accordance with Section 63L-11-202;
9582          (57) information requested by and provided to the 911 Division under Section
9583     63H-7a-302;
9584          (58) in accordance with Section 73-10-33:
9585          (a) a management plan for a water conveyance facility in the possession of the Division
9586     of Water Resources or the Board of Water Resources; or
9587          (b) an outline of an emergency response plan in possession of the state or a county or
9588     municipality;
9589          (59) the following records in the custody or control of the Office of Inspector General
9590     of Medicaid Services, created in Section 63A-13-201:
9591          (a) records that would disclose information relating to allegations of personal
9592     misconduct, gross mismanagement, or illegal activity of a person if the information or
9593     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
9594     through other documents or evidence, and the records relating to the allegation are not relied
9595     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
9596     report or final audit report;
9597          (b) records and audit workpapers to the extent they would disclose the identity of a
9598     person who, during the course of an investigation or audit, communicated the existence of any
9599     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
9600     regulation adopted under the laws of this state, a political subdivision of the state, or any
9601     recognized entity of the United States, if the information was disclosed on the condition that
9602     the identity of the person be protected;
9603          (c) before the time that an investigation or audit is completed and the final
9604     investigation or final audit report is released, records or drafts circulated to a person who is not

9605     an employee or head of a governmental entity for the person's response or information;
9606          (d) records that would disclose an outline or part of any investigation, audit survey
9607     plan, or audit program; or
9608          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
9609     investigation or audit;
9610          (60) records that reveal methods used by the Office of Inspector General of Medicaid
9611     Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
9612     abuse;
9613          (61) information provided to the Department of Health or the Division of Professional
9614     Licensing under Subsections 58-67-304(3) and (4) and Subsections 58-68-304(3) and (4);
9615          (62) a record described in Section 63G-12-210;
9616          (63) captured plate data that is obtained through an automatic license plate reader
9617     system used by a governmental entity as authorized in Section 41-6a-2003;
9618          (64) any record in the custody of the Utah Office for Victims of Crime relating to a
9619     victim, including:
9620          (a) a victim's application or request for benefits;
9621          (b) a victim's receipt or denial of benefits; and
9622          (c) any administrative notes or records made or created for the purpose of, or used to,
9623     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
9624     Reparations Fund;
9625          (65) an audio or video recording created by a body-worn camera, as that term is
9626     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
9627     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
9628     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
9629     that term is defined in Section 62A-2-101, except for recordings that:
9630          (a) depict the commission of an alleged crime;
9631          (b) record any encounter between a law enforcement officer and a person that results in
9632     death or bodily injury, or includes an instance when an officer fires a weapon;
9633          (c) record any encounter that is the subject of a complaint or a legal proceeding against
9634     a law enforcement officer or law enforcement agency;
9635          (d) contain an officer involved critical incident as defined in Subsection

9636     76-2-408(1)(f); or
9637          (e) have been requested for reclassification as a public record by a subject or
9638     authorized agent of a subject featured in the recording;
9639          (66) a record pertaining to the search process for a president of an institution of higher
9640     education described in Section 53B-2-102, except for application materials for a publicly
9641     announced finalist;
9642          (67) an audio recording that is:
9643          (a) produced by an audio recording device that is used in conjunction with a device or
9644     piece of equipment designed or intended for resuscitating an individual or for treating an
9645     individual with a life-threatening condition;
9646          (b) produced during an emergency event when an individual employed to provide law
9647     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
9648          (i) is responding to an individual needing resuscitation or with a life-threatening
9649     condition; and
9650          (ii) uses a device or piece of equipment designed or intended for resuscitating an
9651     individual or for treating an individual with a life-threatening condition; and
9652          (c) intended and used for purposes of training emergency responders how to improve
9653     their response to an emergency situation;
9654          (68) records submitted by or prepared in relation to an applicant seeking a
9655     recommendation by the Research and General Counsel Subcommittee, the Budget
9656     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
9657     employment position with the Legislature;
9658          (69) work papers as defined in Section 31A-2-204;
9659          (70) a record made available to Adult Protective Services or a law enforcement agency
9660     under Section 61-1-206;
9661          (71) a record submitted to the Insurance Department in accordance with Section
9662     31A-37-201;
9663          (72) a record described in Section 31A-37-503;
9664          (73) any record created by the Division of Professional Licensing as a result of
9665     Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
9666          (74) a record described in Section 72-16-306 that relates to the reporting of an injury

9667     involving an amusement ride;
9668          (75) except as provided in Subsection 63G-2-305.5(1), the signature of an individual
9669     on a political petition, or on a request to withdraw a signature from a political petition,
9670     including a petition or request described in the following titles:
9671          (a) Title 10, Utah Municipal Code;
9672          (b) Title 17, Counties;
9673          (c) [Title 17B, Limited Purpose Local Government Entities - Local Districts] Title
9674     17B, Limited Purpose Local Government Entities - Special Districts;
9675          (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
9676          (e) Title 20A, Election Code;
9677          (76) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in
9678     a voter registration record;
9679          (77) except as provided in Subsection 63G-2-305.5(3), any signature, other than a
9680     signature described in Subsection (75) or (76), in the custody of the lieutenant governor or a
9681     local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
9682          (78) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
9683     5, Victims Guidelines for Prosecutors Act;
9684          (79) a record submitted to the Insurance Department under Section 31A-48-103;
9685          (80) personal information, as defined in Section 63G-26-102, to the extent disclosure is
9686     prohibited under Section 63G-26-103;
9687          (81) an image taken of an individual during the process of booking the individual into
9688     jail, unless:
9689          (a) the individual is convicted of a criminal offense based upon the conduct for which
9690     the individual was incarcerated at the time the image was taken;
9691          (b) a law enforcement agency releases or disseminates the image:
9692          (i) after determining that the individual is a fugitive or an imminent threat to an
9693     individual or to public safety and releasing or disseminating the image will assist in
9694     apprehending the individual or reducing or eliminating the threat; or
9695          (ii) to a potential witness or other individual with direct knowledge of events relevant
9696     to a criminal investigation or criminal proceeding for the purpose of identifying or locating an
9697     individual in connection with the criminal investigation or criminal proceeding; or

9698          (c) a judge orders the release or dissemination of the image based on a finding that the
9699     release or dissemination is in furtherance of a legitimate law enforcement interest;
9700          (82) a record:
9701          (a) concerning an interstate claim to the use of waters in the Colorado River system;
9702          (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
9703     representative from another state or the federal government as provided in Section
9704     63M-14-205; and
9705          (c) the disclosure of which would:
9706          (i) reveal a legal strategy relating to the state's claim to the use of the water in the
9707     Colorado River system;
9708          (ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
9709     negotiate the best terms and conditions regarding the use of water in the Colorado River
9710     system; or
9711          (iii) give an advantage to another state or to the federal government in negotiations
9712     regarding the use of water in the Colorado River system;
9713          (83) any part of an application described in Section 63N-16-201 that the Governor's
9714     Office of Economic Opportunity determines is nonpublic, confidential information that if
9715     disclosed would result in actual economic harm to the applicant, but this Subsection (83) may
9716     not be used to restrict access to a record evidencing a final contract or approval decision;
9717          (84) the following records of a drinking water or wastewater facility:
9718          (a) an engineering or architectural drawing of the drinking water or wastewater facility;
9719     and
9720          (b) except as provided in Section 63G-2-106, a record detailing tools or processes the
9721     drinking water or wastewater facility uses to secure, or prohibit access to, the records described
9722     in Subsection (84)(a); and
9723          (85) a statement that an employee of a governmental entity provides to the
9724     governmental entity as part of the governmental entity's personnel or administrative
9725     investigation into potential misconduct involving the employee if the governmental entity:
9726          (a) requires the statement under threat of employment disciplinary action, including
9727     possible termination of employment, for the employee's refusal to provide the statement; and
9728          (b) provides the employee assurance that the statement cannot be used against the

9729     employee in any criminal proceeding.
9730          Section 118. Section 63G-6a-103 is amended to read:
9731          63G-6a-103. Definitions.
9732          As used in this chapter:
9733          (1) "Approved vendor" means a person who has been approved for inclusion on an
9734     approved vendor list through the approved vendor list process.
9735          (2) "Approved vendor list" means a list of approved vendors established under Section
9736     63G-6a-507.
9737          (3) "Approved vendor list process" means the procurement process described in
9738     Section 63G-6a-507.
9739          (4) "Bidder" means a person who submits a bid or price quote in response to an
9740     invitation for bids.
9741          (5) "Bidding process" means the procurement process described in Part 6, Bidding.
9742          (6) "Board" means the Utah State Procurement Policy Board, created in Section
9743     63G-6a-202.
9744          (7) "Change directive" means a written order signed by the procurement officer that
9745     directs the contractor to suspend work or make changes, as authorized by contract, without the
9746     consent of the contractor.
9747          (8) "Change order" means a written alteration in specifications, delivery point, rate of
9748     delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual
9749     agreement of the parties to the contract.
9750          (9) "Chief procurement officer" means the individual appointed under Section
9751     63A-2-102.
9752          (10) "Conducting procurement unit" means a procurement unit that conducts all
9753     aspects of a procurement:
9754          (a) except:
9755          (i) reviewing a solicitation to verify that it is in proper form; and
9756          (ii) causing the publication of a notice of a solicitation; and
9757          (b) including:
9758          (i) preparing any solicitation document;
9759          (ii) appointing an evaluation committee;

9760          (iii) conducting the evaluation process, except the process relating to scores calculated
9761     for costs of proposals;
9762          (iv) selecting and recommending the person to be awarded a contract;
9763          (v) negotiating the terms and conditions of a contract, subject to the issuing
9764     procurement unit's approval; and
9765          (vi) contract administration.
9766          (11) "Conservation district" means the same as that term is defined in Section
9767     17D-3-102.
9768          (12) "Construction project":
9769          (a) means a project for the construction, renovation, alteration, improvement, or repair
9770     of a public facility on real property, including all services, labor, supplies, and materials for the
9771     project; and
9772          (b) does not include services and supplies for the routine, day-to-day operation, repair,
9773     or maintenance of an existing public facility.
9774          (13) "Construction manager/general contractor":
9775          (a) means a contractor who enters into a contract:
9776          (i) for the management of a construction project; and
9777          (ii) that allows the contractor to subcontract for additional labor and materials that are
9778     not included in the contractor's cost proposal submitted at the time of the procurement of the
9779     contractor's services; and
9780          (b) does not include a contractor whose only subcontract work not included in the
9781     contractor's cost proposal submitted as part of the procurement of the contractor's services is to
9782     meet subcontracted portions of change orders approved within the scope of the project.
9783          (14) "Construction subcontractor":
9784          (a) means a person under contract with a contractor or another subcontractor to provide
9785     services or labor for the design or construction of a construction project;
9786          (b) includes a general contractor or specialty contractor licensed or exempt from
9787     licensing under Title 58, Chapter 55, Utah Construction Trades Licensing Act; and
9788          (c) does not include a supplier who provides only materials, equipment, or supplies to a
9789     contractor or subcontractor for a construction project.
9790          (15) "Contract" means an agreement for a procurement.

9791          (16) "Contract administration" means all functions, duties, and responsibilities
9792     associated with managing, overseeing, and carrying out a contract between a procurement unit
9793     and a contractor, including:
9794          (a) implementing the contract;
9795          (b) ensuring compliance with the contract terms and conditions by the conducting
9796     procurement unit and the contractor;
9797          (c) executing change orders;
9798          (d) processing contract amendments;
9799          (e) resolving, to the extent practicable, contract disputes;
9800          (f) curing contract errors and deficiencies;
9801          (g) terminating a contract;
9802          (h) measuring or evaluating completed work and contractor performance;
9803          (i) computing payments under the contract; and
9804          (j) closing out a contract.
9805          (17) "Contractor" means a person who is awarded a contract with a procurement unit.
9806          (18) "Cooperative procurement" means procurement conducted by, or on behalf of:
9807          (a) more than one procurement unit; or
9808          (b) a procurement unit and a cooperative purchasing organization.
9809          (19) "Cooperative purchasing organization" means an organization, association, or
9810     alliance of purchasers established to combine purchasing power in order to obtain the best
9811     value for the purchasers by engaging in procurements in accordance with Section 63G-6a-2105.
9812          (20) "Cost-plus-a-percentage-of-cost contract" means a contract under which the
9813     contractor is paid a percentage of the total actual expenses or costs in addition to the
9814     contractor's actual expenses or costs.
9815          (21) "Cost-reimbursement contract" means a contract under which a contractor is
9816     reimbursed for costs which are allowed and allocated in accordance with the contract terms and
9817     the provisions of this chapter, and a fee, if any.
9818          (22) "Days" means calendar days, unless expressly provided otherwise.
9819          (23) "Definite quantity contract" means a fixed price contract that provides for a
9820     specified amount of supplies over a specified period, with deliveries scheduled according to a
9821     specified schedule.

9822          (24) "Design professional" means:
9823          (a) an individual licensed as an architect under Title 58, Chapter 3a, Architects
9824     Licensing Act;
9825          (b) an individual licensed as a professional engineer or professional land surveyor
9826     under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing
9827     Act; or
9828          (c) an individual certified as a commercial interior designer under Title 58, Chapter 86,
9829     State Certification of Commercial Interior Designers Act.
9830          (25) "Design professional procurement process" means the procurement process
9831     described in Part 15, Design Professional Services.
9832          (26) "Design professional services" means:
9833          (a) professional services within the scope of the practice of architecture as defined in
9834     Section 58-3a-102;
9835          (b) professional engineering as defined in Section 58-22-102;
9836          (c) master planning and programming services; or
9837          (d) services within the scope of the practice of commercial interior design, as defined
9838     in Section 58-86-102.
9839          (27) "Design-build" means the procurement of design professional services and
9840     construction by the use of a single contract.
9841          (28) "Division" means the Division of Purchasing and General Services, created in
9842     Section 63A-2-101.
9843          (29) "Educational procurement unit" means:
9844          (a) a school district;
9845          (b) a public school, including a local school board or a charter school;
9846          (c) the Utah Schools for the Deaf and the Blind;
9847          (d) the Utah Education and Telehealth Network;
9848          (e) an institution of higher education of the state described in Section 53B-1-102; or
9849          (f) the State Board of Education.
9850          (30) "Established catalogue price" means the price included in a catalogue, price list,
9851     schedule, or other form that:
9852          (a) is regularly maintained by a manufacturer or contractor;

9853          (b) is published or otherwise available for inspection by customers; and
9854          (c) states prices at which sales are currently or were last made to a significant number
9855     of any category of buyers or buyers constituting the general buying public for the supplies or
9856     services involved.
9857          (31) (a) "Executive branch procurement unit" means a department, division, office,
9858     bureau, agency, or other organization within the state executive branch.
9859          (b) "Executive branch procurement unit" does not include the Colorado River
9860     Authority of Utah as provided in Section 63M-14-210.
9861          (32) "Facilities division" means the Division of Facilities Construction and
9862     Management, created in Section 63A-5b-301.
9863          (33) "Fixed price contract" means a contract that provides a price, for each
9864     procurement item obtained under the contract, that is not subject to adjustment except to the
9865     extent that:
9866          (a) the contract provides, under circumstances specified in the contract, for an
9867     adjustment in price that is not based on cost to the contractor; or
9868          (b) an adjustment is required by law.
9869          (34) "Fixed price contract with price adjustment" means a fixed price contract that
9870     provides for an upward or downward revision of price, precisely described in the contract, that:
9871          (a) is based on the consumer price index or another commercially acceptable index,
9872     source, or formula; and
9873          (b) is not based on a percentage of the cost to the contractor.
9874          (35) "Grant" means an expenditure of public funds or other assistance, or an agreement
9875     to expend public funds or other assistance, for a public purpose authorized by law, without
9876     acquiring a procurement item in exchange.
9877          (36) "Immaterial error":
9878          (a) means an irregularity or abnormality that is:
9879          (i) a matter of form that does not affect substance; or
9880          (ii) an inconsequential variation from a requirement of a solicitation that has no, little,
9881     or a trivial effect on the procurement process and that is not prejudicial to other vendors; and
9882          (b) includes:
9883          (i) a missing signature, missing acknowledgment of an addendum, or missing copy of a

9884     professional license, bond, or insurance certificate;
9885          (ii) a typographical error;
9886          (iii) an error resulting from an inaccuracy or omission in the solicitation; and
9887          (iv) any other error that the procurement official reasonably considers to be immaterial.
9888          (37) "Indefinite quantity contract" means a fixed price contract that:
9889          (a) is for an indefinite amount of procurement items to be supplied as ordered by a
9890     procurement unit; and
9891          (b) (i) does not require a minimum purchase amount; or
9892          (ii) provides a maximum purchase limit.
9893          (38) "Independent procurement unit" means:
9894          (a) (i) a legislative procurement unit;
9895          (ii) a judicial branch procurement unit;
9896          (iii) an educational procurement unit;
9897          (iv) a local government procurement unit;
9898          (v) a conservation district;
9899          (vi) a local building authority;
9900          (vii) a [local] special district;
9901          (viii) a public corporation;
9902          (ix) a special service district; or
9903          (x) the Utah Communications Authority, established in Section 63H-7a-201;
9904          (b) the facilities division, but only to the extent of the procurement authority provided
9905     under Title 63A, Chapter 5b, Administration of State Facilities;
9906          (c) the attorney general, but only to the extent of the procurement authority provided
9907     under Title 67, Chapter 5, Attorney General;
9908          (d) the Department of Transportation, but only to the extent of the procurement
9909     authority provided under Title 72, Transportation Code; or
9910          (e) any other executive branch department, division, office, or entity that has statutory
9911     procurement authority outside this chapter, but only to the extent of that statutory procurement
9912     authority.
9913          (39) "Invitation for bids":
9914          (a) means a document used to solicit:

9915          (i) bids to provide a procurement item to a procurement unit; or
9916          (ii) quotes for a price of a procurement item to be provided to a procurement unit; and
9917          (b) includes all documents attached to or incorporated by reference in a document
9918     described in Subsection (39)(a).
9919          (40) "Issuing procurement unit" means a procurement unit that:
9920          (a) reviews a solicitation to verify that it is in proper form;
9921          (b) causes the notice of a solicitation to be published; and
9922          (c) negotiates and approves the terms and conditions of a contract.
9923          (41) "Judicial procurement unit" means:
9924          (a) the Utah Supreme Court;
9925          (b) the Utah Court of Appeals;
9926          (c) the Judicial Council;
9927          (d) a state judicial district; or
9928          (e) an office, committee, subcommittee, or other organization within the state judicial
9929     branch.
9930          (42) "Labor hour contract" is a contract under which:
9931          (a) the supplies and materials are not provided by, or through, the contractor; and
9932          (b) the contractor is paid a fixed rate that includes the cost of labor, overhead, and
9933     profit for a specified number of labor hours or days.
9934          (43) "Legislative procurement unit" means:
9935          (a) the Legislature;
9936          (b) the Senate;
9937          (c) the House of Representatives;
9938          (d) a staff office of the Legislature, the Senate, or the House of Representatives; or
9939          (e) a committee, subcommittee, commission, or other organization:
9940          (i) within the state legislative branch; or
9941          (ii) (A) that is created by statute to advise or make recommendations to the Legislature;
9942          (B) the membership of which includes legislators; and
9943          (C) for which the Office of Legislative Research and General Counsel provides staff
9944     support.
9945          (44) "Local building authority" means the same as that term is defined in Section

9946     17D-2-102.
9947          [(45) "Local district" means the same as that term is defined in Section 17B-1-102.]
9948          [(46)] (45) "Local government procurement unit" means:
9949          (a) a county, municipality, or project entity, and each office of the county, municipality,
9950     or project entity, unless:
9951          (i) the county or municipality adopts a procurement code by ordinance; or
9952          (ii) the project entity adopts a procurement code through the process described in
9953     Section 11-13-316;
9954          (b) (i) a county or municipality that has adopted this entire chapter by ordinance, and
9955     each office or agency of that county or municipality; and
9956          (ii) a project entity that has adopted this entire chapter through the process described in
9957     Subsection 11-13-316; or
9958          (c) a county, municipality, or project entity, and each office of the county, municipality,
9959     or project entity that has adopted a portion of this chapter to the extent that:
9960          (i) a term in the ordinance is used in the adopted chapter; or
9961          (ii) a term in the ordinance is used in the language a project entity adopts in its
9962     procurement code through the process described in Section 11-13-316.
9963          [(47)] (46) "Multiple award contracts" means the award of a contract for an indefinite
9964     quantity of a procurement item to more than one person.
9965          [(48)] (47) "Multiyear contract" means a contract that extends beyond a one-year
9966     period, including a contract that permits renewal of the contract, without competition, beyond
9967     the first year of the contract.
9968          [(49)] (48) "Municipality" means a city, town, or metro township.
9969          [(50)] (49) "Nonadopting local government procurement unit" means:
9970          (a) a county or municipality that has not adopted Part 16, Protests, Part 17,
9971     Procurement Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19,
9972     General Provisions Related to Protest or Appeal; and
9973          (b) each office or agency of a county or municipality described in Subsection (50)(a).
9974          [(51)] (50) "Offeror" means a person who submits a proposal in response to a request
9975     for proposals.
9976          [(52)] (51) "Preferred bidder" means a bidder that is entitled to receive a reciprocal

9977     preference under the requirements of this chapter.
9978          [(53)] (52) "Procure" means to acquire a procurement item through a procurement.
9979          [(54)] (53) "Procurement" means the acquisition of a procurement item through an
9980     expenditure of public funds, or an agreement to expend public funds, including an acquisition
9981     through a public-private partnership.
9982          [(55)] (54) "Procurement item" means an item of personal property, a technology, a
9983     service, or a construction project.
9984          [(56)] (55) "Procurement official" means:
9985          (a) for a procurement unit other than an independent procurement unit, the chief
9986     procurement officer;
9987          (b) for a legislative procurement unit, the individual, individuals, or body designated in
9988     a policy adopted by the Legislative Management Committee;
9989          (c) for a judicial procurement unit, the Judicial Council or an individual or body
9990     designated by the Judicial Council by rule;
9991          (d) for a local government procurement unit:
9992          (i) the legislative body of the local government procurement unit; or
9993          (ii) an individual or body designated by the local government procurement unit;
9994          (e) for a [local] special district, the board of trustees of the [local] special district or the
9995     board of trustees' designee;
9996          (f) for a special service district, the governing body of the special service district or the
9997     governing body's designee;
9998          (g) for a local building authority, the board of directors of the local building authority
9999     or the board of directors' designee;
10000          (h) for a conservation district, the board of supervisors of the conservation district or
10001     the board of supervisors' designee;
10002          (i) for a public corporation, the board of directors of the public corporation or the board
10003     of directors' designee;
10004          (j) for a school district or any school or entity within a school district, the board of the
10005     school district or the board's designee;
10006          (k) for a charter school, the individual or body with executive authority over the charter
10007     school or the designee of the individual or body;

10008          (l) for an institution of higher education described in Section 53B-2-101, the president
10009     of the institution of higher education or the president's designee;
10010          (m) for the State Board of Education, the State Board of Education or the State Board
10011     of Education's designee;
10012          (n) for the Utah Board of Higher Education, the Commissioner of Higher Education or
10013     the designee of the Commissioner of Higher Education;
10014          (o) for the Utah Communications Authority, established in Section 63H-7a-201, the
10015     executive director of the Utah Communications Authority or the executive director's designee;
10016     or
10017          (p) (i) for the facilities division, and only to the extent of procurement activities of the
10018     facilities division as an independent procurement unit under the procurement authority
10019     provided under Title 63A, Chapter 5b, Administration of State Facilities, the director of the
10020     facilities division or the director's designee;
10021          (ii) for the attorney general, and only to the extent of procurement activities of the
10022     attorney general as an independent procurement unit under the procurement authority provided
10023     under Title 67, Chapter 5, Attorney General, the attorney general or the attorney general's
10024     designee;
10025          (iii) for the Department of Transportation created in Section 72-1-201, and only to the
10026     extent of procurement activities of the Department of Transportation as an independent
10027     procurement unit under the procurement authority provided under Title 72, Transportation
10028     Code, the executive director of the Department of Transportation or the executive director's
10029     designee; or
10030          (iv) for any other executive branch department, division, office, or entity that has
10031     statutory procurement authority outside this chapter, and only to the extent of the procurement
10032     activities of the department, division, office, or entity as an independent procurement unit
10033     under the procurement authority provided outside this chapter for the department, division,
10034     office, or entity, the chief executive officer of the department, division, office, or entity or the
10035     chief executive officer's designee.
10036          [(57)] (56) "Procurement unit":
10037          (a) means:
10038          (i) a legislative procurement unit;

10039          (ii) an executive branch procurement unit;
10040          (iii) a judicial procurement unit;
10041          (iv) an educational procurement unit;
10042          (v) the Utah Communications Authority, established in Section 63H-7a-201;
10043          (vi) a local government procurement unit;
10044          (vii) a [local] special district;
10045          (viii) a special service district;
10046          (ix) a local building authority;
10047          (x) a conservation district; and
10048          (xi) a public corporation; and
10049          (b) except for a project entity, to the extent that a project entity is subject to this chapter
10050     as described in Section 11-13-316, does not include a political subdivision created under Title
10051     11, Chapter 13, Interlocal Cooperation Act.
10052          [(58)] (57) "Professional service" means labor, effort, or work that requires specialized
10053     knowledge, expertise, and discretion, including labor, effort, or work in the field of:
10054          (a) accounting;
10055          (b) administrative law judge service;
10056          (c) architecture;
10057          (d) construction design and management;
10058          (e) engineering;
10059          (f) financial services;
10060          (g) information technology;
10061          (h) the law;
10062          (i) medicine;
10063          (j) psychiatry; or
10064          (k) underwriting.
10065          [(59)] (58) "Protest officer" means:
10066          (a) for the division or an independent procurement unit:
10067          (i) the procurement official;
10068          (ii) the procurement official's designee who is an employee of the procurement unit; or
10069          (iii) a person designated by rule made by the rulemaking authority; or

10070          (b) for a procurement unit other than an independent procurement unit, the chief
10071     procurement officer or the chief procurement officer's designee who is an employee of the
10072     division .
10073          [(60)] (59) "Public corporation" means the same as that term is defined in Section
10074     63E-1-102.
10075          [(61)] (60) "Project entity" means the same as that term is defined in Section
10076     11-13-103.
10077          [(62)] (61) "Public entity" means the state or any other government entity within the
10078     state that expends public funds.
10079          [(63)] (62) "Public facility" means a building, structure, infrastructure, improvement,
10080     or other facility of a public entity.
10081          [(64)] (63) "Public funds" means money, regardless of its source, including from the
10082     federal government, that is owned or held by a procurement unit.
10083          [(65)] (64) "Public transit district" means a public transit district organized under Title
10084     17B, Chapter 2a, Part 8, Public Transit District Act.
10085          [(66)] (65) "Public-private partnership" means an arrangement or agreement, occurring
10086     on or after January 1, 2017, between a procurement unit and one or more contractors to provide
10087     for a public need through the development or operation of a project in which the contractor or
10088     contractors share with the procurement unit the responsibility or risk of developing, owning,
10089     maintaining, financing, or operating the project.
10090          [(67)] (66) "Qualified vendor" means a vendor who:
10091          (a) is responsible; and
10092          (b) submits a responsive statement of qualifications under Section 63G-6a-410 that
10093     meets the minimum mandatory requirements, evaluation criteria, and any applicable score
10094     thresholds set forth in the request for statement of qualifications.
10095          [(68)] (67) "Real property" means land and any building, fixture, improvement,
10096     appurtenance, structure, or other development that is permanently affixed to land.
10097          [(69)] (68) "Request for information" means a nonbinding process through which a
10098     procurement unit requests information relating to a procurement item.
10099          [(70)] (69) "Request for proposals" means a document used to solicit proposals to
10100     provide a procurement item to a procurement unit, including all other documents that are

10101     attached to that document or incorporated in that document by reference.
10102          [(71)] (70) "Request for proposals process" means the procurement process described
10103     in Part 7, Request for Proposals.
10104          [(72)] (71) "Request for statement of qualifications" means a document used to solicit
10105     information about the qualifications of a person interested in responding to a potential
10106     procurement, including all other documents attached to that document or incorporated in that
10107     document by reference.
10108          [(73)] (72) "Requirements contract" means a contract:
10109          (a) under which a contractor agrees to provide a procurement unit's entire requirements
10110     for certain procurement items at prices specified in the contract during the contract period; and
10111          (b) that:
10112          (i) does not require a minimum purchase amount; or
10113          (ii) provides a maximum purchase limit.
10114          [(74)] (73) "Responsible" means being capable, in all respects, of:
10115          (a) meeting all the requirements of a solicitation; and
10116          (b) fully performing all the requirements of the contract resulting from the solicitation,
10117     including being financially solvent with sufficient financial resources to perform the contract.
10118          [(75)] (74) "Responsive" means conforming in all material respects to the requirements
10119     of a solicitation.
10120          [(76)] (75) "Rule" includes a policy or regulation adopted by the rulemaking authority,
10121     if adopting a policy or regulation is the method the rulemaking authority uses to adopt
10122     provisions that govern the applicable procurement unit.
10123          [(77)] (76) "Rulemaking authority" means:
10124          (a) for a legislative procurement unit, the Legislative Management Committee;
10125          (b) for a judicial procurement unit, the Judicial Council;
10126          (c) (i) only to the extent of the procurement authority expressly granted to the
10127     procurement unit by statute:
10128          (A) for the facilities division, the facilities division;
10129          (B) for the Office of the Attorney General, the attorney general;
10130          (C) for the Department of Transportation created in Section 72-1-201, the executive
10131     director of the Department of Transportation; and

10132          (D) for any other executive branch department, division, office, or entity that has
10133     statutory procurement authority outside this chapter, the governing authority of the department,
10134     division, office, or entity; and
10135          (ii) for each other executive branch procurement unit, the board;
10136          (d) for a local government procurement unit:
10137          (i) the governing body of the local government unit; or
10138          (ii) an individual or body designated by the local government procurement unit;
10139          (e) for a school district or a public school, the board, except to the extent of a school
10140     district's own nonadministrative rules that do not conflict with the provisions of this chapter;
10141          (f) for a state institution of higher education, the Utah Board of Higher Education;
10142          (g) for the State Board of Education or the Utah Schools for the Deaf and the Blind, the
10143     State Board of Education;
10144          (h) for a public transit district, the chief executive of the public transit district;
10145          (i) for a [local] special district other than a public transit district or for a special service
10146     district, the board, except to the extent that the board of trustees of the [local] special district or
10147     the governing body of the special service district makes its own rules:
10148          (i) with respect to a subject addressed by board rules; or
10149          (ii) that are in addition to board rules;
10150          (j) for the Utah Educational Savings Plan, created in Section 53B-8a-103, the Utah
10151     Board of Higher Education;
10152          (k) for the School and Institutional Trust Lands Administration, created in Section
10153     53C-1-201, the School and Institutional Trust Lands Board of Trustees;
10154          (l) for the School and Institutional Trust Fund Office, created in Section 53D-1-201,
10155     the School and Institutional Trust Fund Board of Trustees;
10156          (m) for the Utah Communications Authority, established in Section 63H-7a-201, the
10157     Utah Communications Authority board, created in Section 63H-7a-203; or
10158          (n) for any other procurement unit, the board.
10159          [(78)] (77) "Service":
10160          (a) means labor, effort, or work to produce a result that is beneficial to a procurement
10161     unit;
10162          (b) includes a professional service; and

10163          (c) does not include labor, effort, or work provided under an employment agreement or
10164     a collective bargaining agreement.
10165          [(79)] (78) "Small purchase process" means the procurement process described in
10166     Section 63G-6a-506.
10167          [(80)] (79) "Sole source contract" means a contract resulting from a sole source
10168     procurement.
10169          [(81)] (80) "Sole source procurement" means a procurement without competition
10170     pursuant to a determination under Subsection 63G-6a-802(1)(a) that there is only one source
10171     for the procurement item.
10172          [(82)] (81) "Solicitation" means an invitation for bids, request for proposals, or request
10173     for statement of qualifications.
10174          [(83)] (82) "Solicitation response" means:
10175          (a) a bid submitted in response to an invitation for bids;
10176          (b) a proposal submitted in response to a request for proposals; or
10177          (c) a statement of qualifications submitted in response to a request for statement of
10178     qualifications.
10179          (83) "Special district" means the same as that term is defined in Section 17B-1-102.
10180          (84) "Special service district" means the same as that term is defined in Section
10181     17D-1-102.
10182          (85) "Specification" means any description of the physical or functional characteristics
10183     or of the nature of a procurement item included in an invitation for bids or a request for
10184     proposals, or otherwise specified or agreed to by a procurement unit, including a description of:
10185          (a) a requirement for inspecting or testing a procurement item; or
10186          (b) preparing a procurement item for delivery.
10187          (86) "Standard procurement process" means:
10188          (a) the bidding process;
10189          (b) the request for proposals process;
10190          (c) the approved vendor list process;
10191          (d) the small purchase process; or
10192          (e) the design professional procurement process.
10193          (87) "State cooperative contract" means a contract awarded by the division for and in

10194     behalf of all public entities.
10195          (88) "Statement of qualifications" means a written statement submitted to a
10196     procurement unit in response to a request for statement of qualifications.
10197          (89) "Subcontractor":
10198          (a) means a person under contract to perform part of a contractual obligation under the
10199     control of the contractor, whether the person's contract is with the contractor directly or with
10200     another person who is under contract to perform part of a contractual obligation under the
10201     control of the contractor; and
10202          (b) includes a supplier, distributor, or other vendor that furnishes supplies or services
10203     to a contractor.
10204          (90) "Technology" means the same as "information technology," as defined in Section
10205     63A-16-102.
10206          (91) "Tie bid" means that the lowest responsive bids of responsible bidders are
10207     identical in price.
10208          (92) "Time and materials contract" means a contract under which the contractor is paid:
10209          (a) the actual cost of direct labor at specified hourly rates;
10210          (b) the actual cost of materials and equipment usage; and
10211          (c) an additional amount, expressly described in the contract, to cover overhead and
10212     profit, that is not based on a percentage of the cost to the contractor.
10213          (93) "Transitional costs":
10214          (a) means the costs of changing:
10215          (i) from an existing provider of a procurement item to another provider of that
10216     procurement item; or
10217          (ii) from an existing type of procurement item to another type;
10218          (b) includes:
10219          (i) training costs;
10220          (ii) conversion costs;
10221          (iii) compatibility costs;
10222          (iv) costs associated with system downtime;
10223          (v) disruption of service costs;
10224          (vi) staff time necessary to implement the change;

10225          (vii) installation costs; and
10226          (viii) ancillary software, hardware, equipment, or construction costs; and
10227          (c) does not include:
10228          (i) the costs of preparing for or engaging in a procurement process; or
10229          (ii) contract negotiation or drafting costs.
10230          (94) "Vendor":
10231          (a) means a person who is seeking to enter into a contract with a procurement unit to
10232     provide a procurement item; and
10233          (b) includes:
10234          (i) a bidder;
10235          (ii) an offeror;
10236          (iii) an approved vendor;
10237          (iv) a design professional; and
10238          (v) a person who submits an unsolicited proposal under Section 63G-6a-712.
10239          Section 119. Section 63G-6a-118 is amended to read:
10240          63G-6a-118. Adoption of rule relating to the procurement of design professional
10241     services.
10242          Each of the following shall adopt a rule relating to the procurement of design
10243     professional services, not inconsistent with the provisions of Part 15, Design Professional
10244     Services:
10245          (1) an educational procurement unit;
10246          (2) a conservation district;
10247          (3) a local building authority;
10248          (4) a [local] special district;
10249          (5) a special service district; and
10250          (6) a public corporation.
10251          Section 120. Section 63G-6a-202 is amended to read:
10252          63G-6a-202. Creation of Utah State Procurement Policy Board.
10253          (1) There is created the Utah State Procurement Policy Board.
10254          (2) The board consists of up to 15 members as follows:
10255          (a) two representatives of state institutions of higher education, appointed by the Utah

10256     Board of Higher Education;
10257          (b) a representative of the Department of Human Services, appointed by the executive
10258     director of that department;
10259          (c) a representative of the Department of Transportation, appointed by the executive
10260     director of that department;
10261          (d) two representatives of school districts, appointed by the State Board of Education;
10262          (e) a representative of the Division of Facilities Construction and Management,
10263     appointed by the director of that division;
10264          (f) one representative of a county, appointed by the Utah Association of Counties;
10265          (g) one representative of a city or town, appointed by the Utah League of Cities and
10266     Towns;
10267          (h) two representatives of [local] special districts or special service districts, appointed
10268     by the Utah Association of Special Districts;
10269          (i) the director of the Division of Technology Services or the executive director's
10270     designee;
10271          (j) the chief procurement officer or the chief procurement officer's designee; and
10272          (k) two representatives of state agencies, other than a state agency already represented
10273     on the board, appointed by the executive director of the Department of Government
10274     Operations, with the approval of the executive director of the state agency that employs the
10275     employee.
10276          (3) Members of the board shall be knowledgeable and experienced in, and have
10277     supervisory responsibility for, procurement in their official positions.
10278          (4) A board member may serve as long as the member meets the description in
10279     Subsection (2) unless removed by the person or entity with the authority to appoint the board
10280     member.
10281          (5) (a) The board shall:
10282          (i) adopt rules of procedure for conducting its business; and
10283          (ii) elect a chair to serve for one year.
10284          (b) The chair of the board shall be selected by a majority of the members of the board
10285     and may be elected to succeeding terms.
10286          (c) The chief procurement officer shall designate an employee of the division to serve

10287     as the nonvoting secretary to the policy board.
10288          (6) A member of the board may not receive compensation or benefits for the member's
10289     service, but may receive per diem and travel expenses in accordance with:
10290          (a) Section 63A-3-106;
10291          (b) Section 63A-3-107; and
10292          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
10293     63A-3-107.
10294          Section 121. Section 63G-6a-2402 is amended to read:
10295          63G-6a-2402. Definitions.
10296          As used in this part:
10297          (1) "Contract administration professional":
10298          (a) means an individual who:
10299          (i) is:
10300          (A) directly under contract with a procurement unit; or
10301          (B) employed by a person under contract with a procurement unit; and
10302          (ii) has responsibility in:
10303          (A) developing a solicitation or grant, or conducting the procurement process; or
10304          (B) supervising or overseeing the administration or management of a contract or grant;
10305     and
10306          (b) does not include an employee of the procurement unit.
10307          (2) "Contribution":
10308          (a) means a voluntary gift or donation of money, service, or anything else of value, to a
10309     public entity for the public entity's use and not for the primary use of an individual employed
10310     by the public entity; and
10311          (b) includes:
10312          (i) a philanthropic donation;
10313          (ii) admission to a seminar, vendor fair, charitable event, fundraising event, or similar
10314     event that relates to the function of the public entity;
10315          (iii) the purchase of a booth or other display space at an event sponsored by the public
10316     entity or a group of which the public entity is a member; and
10317          (iv) the sponsorship of an event that is organized by the public entity.

10318          (3) "Family member" means a father, mother, husband, wife, son, daughter, sister,
10319     brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
10320     sister-in-law, son-in-law, or daughter-in-law.
10321          (4) "Governing body" means an administrative, advisory, executive, or legislative body
10322     of a public entity.
10323          (5) "Gratuity":
10324          (a) means anything of value given:
10325          (i) without anything provided in exchange; or
10326          (ii) in excess of the market value of that which is provided in exchange;
10327          (b) includes:
10328          (i) a gift or favor;
10329          (ii) money;
10330          (iii) a loan at an interest rate below the market rate or with terms that are more
10331     advantageous to the borrower than terms offered generally on the market;
10332          (iv) anything of value provided with an award, other than a certificate, plaque, or
10333     trophy;
10334          (v) employment;
10335          (vi) admission to an event;
10336          (vii) a meal, lodging, or travel;
10337          (viii) entertainment for which a charge is normally made; and
10338          (ix) a raffle, drawing for a prize, or lottery; and
10339          (c) does not include:
10340          (i) an item, including a meal in association with a training seminar, that is:
10341          (A) included in a contract or grant; or
10342          (B) provided in the proper performance of a requirement of a contract or grant;
10343          (ii) an item requested to evaluate properly the award of a contract or grant;
10344          (iii) a rebate, coupon, discount, airline travel award, dividend, or other offering
10345     included in the price of a procurement item;
10346          (iv) a meal provided by an organization or association, including a professional or
10347     educational association, an association of vendors, or an association composed of public
10348     agencies or public entities, that does not, as an organization or association, respond to

10349     solicitations;
10350          (v) a product sample submitted to a public entity to assist the public entity to evaluate a
10351     solicitation;
10352          (vi) a political campaign contribution;
10353          (vii) an item generally available to the public; or
10354          (viii) anything of value that one public agency provides to another public agency.
10355          (6) "Hospitality gift":
10356          (a) means a token gift of minimal value, including a pen, pencil, stationery, toy, pin,
10357     trinket, snack, beverage, or appetizer, given for promotional or hospitality purposes; and
10358          (b) does not include money, a meal, admission to an event for which a charge is
10359     normally made, entertainment for which a charge is normally made, travel, or lodging.
10360          (7) "Kickback":
10361          (a) means a negotiated bribe provided in connection with a procurement or the
10362     administration of a contract or grant; and
10363          (b) does not include anything listed in Subsection (5)(c).
10364          (8) "Procurement" has the same meaning as defined in Section 63G-6a-103, but also
10365     includes the awarding of a grant.
10366          (9) "Procurement professional":
10367          (a) means an individual who is an employee, and not an independent contractor, of a
10368     procurement unit, and who, by title or primary responsibility:
10369          (i) has procurement decision making authority; and
10370          (ii) is assigned to be engaged in, or is engaged in:
10371          (A) the procurement process; or
10372          (B) the process of administering a contract or grant, including enforcing contract or
10373     grant compliance, approving contract or grant payments, or approving contract or grant change
10374     orders or amendments; and
10375          (b) excludes:
10376          (i) any individual who, by title or primary responsibility, does not have procurement
10377     decision making authority;
10378          (ii) an individual holding an elective office;
10379          (iii) a member of a governing body;

10380          (iv) a chief executive of a public entity or a chief assistant or deputy of the chief
10381     executive, if the chief executive, chief assistant, or deputy, respectively, has a variety of duties
10382     and responsibilities beyond the management of the procurement process or the contract or grant
10383     administration process;
10384          (v) the superintendent, business administrator, principal, or vice principal of a school
10385     district or charter school, or the chief assistant or deputy of the superintendent, business
10386     administrator, principal, or vice principal;
10387          (vi) a university or college president, vice president, business administrator, or dean;
10388          (vii) a chief executive of a [local] special district, as defined in Section 17B-1-102, a
10389     special service district, as defined in Section 17D-1-102, or a political subdivision created
10390     under Title 11, Chapter 13, Interlocal Cooperation Act;
10391          (viii) an employee of a public entity with:
10392          (A) an annual budget of $1,000,000 or less; or
10393          (B) no more than four full-time employees; and
10394          (ix) an executive director or director of an executive branch procurement unit who:
10395          (A) by title or primary responsibility, does not have procurement decision making
10396     authority; and
10397          (B) is not assigned to engage in, and is not engaged in, the procurement process.
10398          (10) "Public agency" has the same meaning as defined in Section 11-13-103, but also
10399     includes all officials, employees, and official representatives of a public agency, as defined in
10400     Section 11-13-103.
10401          Section 122. Section 63G-7-102 is amended to read:
10402          63G-7-102. Definitions.
10403          As used in this chapter:
10404          (1) "Arises out of or in connection with, or results from," when used to describe the
10405     relationship between conduct or a condition and an injury, means that:
10406          (a) there is some causal relationship between the conduct or condition and the injury;
10407          (b) the causal relationship is more than any causal connection but less than proximate
10408     cause; and
10409          (c) the causal relationship is sufficient to conclude that the injury originates with, flows
10410     from, or is incident to the conduct or condition.

10411          (2) "Claim" means any asserted demand for or cause of action for money or damages,
10412     whether arising under the common law, under state constitutional provisions, or under state
10413     statutes, against a governmental entity or against an employee in the employee's personal
10414     capacity.
10415          (3) (a) "Employee" includes:
10416          (i) a governmental entity's officers, employees, servants, trustees, or commissioners;
10417          (ii) a member of a governing body;
10418          (iii) a member of a government entity board;
10419          (iv) a member of a government entity commission;
10420          (v) members of an advisory body, officers, and employees of a Children's Justice
10421     Center created in accordance with Section 67-5b-102;
10422          (vi) a student holding a license issued by the State Board of Education;
10423          (vii) an educational aide;
10424          (viii) a student engaged in an internship under Section 53B-16-402 or 53G-7-902;
10425          (ix) a volunteer, as defined in Section 67-20-2; and
10426          (x) a tutor.
10427          (b) "Employee" includes all of the positions identified in Subsection (3)(a), whether or
10428     not the individual holding that position receives compensation.
10429          (c) "Employee" does not include an independent contractor.
10430          (4) "Governmental entity" means:
10431          (a) the state and its political subdivisions; and
10432          (b) a law enforcement agency, as defined in Section 53-1-102, that employs one or
10433     more law enforcement officers, as defined in Section 53-13-103.
10434          (5) (a) "Governmental function" means each activity, undertaking, or operation of a
10435     governmental entity.
10436          (b) "Governmental function" includes each activity, undertaking, or operation
10437     performed by a department, agency, employee, agent, or officer of a governmental entity.
10438          (c) "Governmental function" includes a governmental entity's failure to act.
10439          (6) "Injury" means death, injury to a person, damage to or loss of property, or any other
10440     injury that a person may suffer to the person or estate, that would be actionable if inflicted by a
10441     private person or the private person's agent.

10442          (7) "Personal injury" means an injury of any kind other than property damage.
10443          (8) "Political subdivision" means any county, city, town, school district, community
10444     reinvestment agency, special improvement or taxing district, [local] special district, special
10445     service district, an entity created by an interlocal agreement adopted under Title 11, Chapter 13,
10446     Interlocal Cooperation Act, or other governmental subdivision or public corporation.
10447          (9) "Property damage" means injury to, or loss of, any right, title, estate, or interest in
10448     real or personal property.
10449          (10) "State" means the state of Utah, and includes each office, department, division,
10450     agency, authority, commission, board, institution, hospital, college, university, Children's
10451     Justice Center, or other instrumentality of the state.
10452          (11) "Willful misconduct" means the intentional doing of a wrongful act, or the
10453     wrongful failure to act, without just cause or excuse, where the actor is aware that the actor's
10454     conduct will probably result in injury.
10455          Section 123. Section 63G-7-401 is amended to read:
10456          63G-7-401. When a claim arises -- Notice of claim requirements -- Governmental
10457     entity statement -- Limits on challenging validity or timeliness of notice of claim.
10458          (1) (a) Except as provided in Subsection (1)(b), a claim arises when the statute of
10459     limitations that would apply if the claim were against a private person begins to run.
10460          (b) The statute of limitations does not begin to run until a claimant knew, or with the
10461     exercise of reasonable diligence should have known:
10462          (i) that the claimant had a claim against the governmental entity or the governmental
10463     entity's employee; and
10464          (ii) the identity of the governmental entity or the name of the employee.
10465          (c) The burden to prove the exercise of reasonable diligence is upon the claimant.
10466          (2) Any person having a claim against a governmental entity, or against the
10467     governmental entity's employee for an act or omission occurring during the performance of the
10468     employee's duties, within the scope of employment, or under color of authority shall file a
10469     written notice of claim with the entity before maintaining an action, regardless of whether or
10470     not the function giving rise to the claim is characterized as governmental.
10471          (3) (a) The notice of claim shall set forth:
10472          (i) a brief statement of the facts;

10473          (ii) the nature of the claim asserted;
10474          (iii) the damages incurred by the claimant so far as the damages are known; and
10475          (iv) if the claim is being pursued against a governmental employee individually as
10476     provided in Subsection 63G-7-202(3)(c), the name of the employee.
10477          (b) The notice of claim shall be:
10478          (i) signed by the person making the claim or that person's agent, attorney, parent, or
10479     legal guardian, using any form of signature recognized by law as binding; and
10480          (ii) delivered, transmitted, or sent, as provided in Subsection (3)(c), to the office of:
10481          (A) the city or town clerk, when the claim is against an incorporated city or town;
10482          (B) the county clerk, when the claim is against a county;
10483          (C) the superintendent or business administrator of the board, when the claim is against
10484     a school district or board of education;
10485          (D) the presiding officer or secretary or clerk of the board, when the claim is against a
10486     [local] special district or special service district;
10487          (E) the attorney general, when the claim is against the state;
10488          (F) a member of the governing board, the executive director, or executive secretary,
10489     when the claim is against any other public board, commission, or body; or
10490          (G) the agent authorized by a governmental entity to receive the notice of claim by the
10491     governmental entity under Subsection (5)(e).
10492          (c) A notice of claim shall be:
10493          (i) delivered by hand to the physical address provided under Subsection (5)(a)(iii)(A);
10494          (ii) transmitted by mail to the physical address provided under Subsection
10495     (5)(a)(iii)(A), according to the requirements of Section 68-3-8.5; or
10496          (iii) sent by electronic mail to the email address provided under Subsection
10497     (5)(a)(iii)(B).
10498          (d) A claimant who submits a notice of claim by electronic mail under Subsection
10499     (3)(c)(iii) shall contemporaneously send a copy of the notice of claim by electronic mail to the
10500     city attorney, district attorney, county attorney, attorney general, or other attorney, as the case
10501     may be, who represents the governmental entity.
10502          (4) (a) If an injury that may reasonably be expected to result in a claim against a
10503     governmental entity is sustained by a claimant who is under the age of majority or mentally

10504     incompetent, that governmental entity may file a request with the court for the appointment of a
10505     guardian ad litem for the potential claimant.
10506          (b) If a guardian ad litem is appointed, the time for filing a claim under Section
10507     63G-7-402 begins when the order appointing the guardian ad litem is issued.
10508          (5) (a) A governmental entity subject to suit under this chapter shall file a statement
10509     with the Division of Corporations and Commercial Code within the Department of Commerce
10510     containing:
10511          (i) the name and address of the governmental entity;
10512          (ii) the office or agent designated to receive a notice of claim; and
10513          (iii) (A) the physical address to which a notice of claim is to be delivered by hand or
10514     transmitted by mail, for a notice of claim that a claimant chooses to hand deliver or transmit by
10515     mail; and
10516          (B) the email address to which a notice of claim is to be sent, for a notice of claim that
10517     a claimant chooses to send by email, and the email address of the city attorney, district
10518     attorney, county attorney, attorney general, or other attorney, as the case may be, who
10519     represents the governmental entity.
10520          (b) A governmental entity shall update the governmental entity's statement as necessary
10521     to ensure that the information is accurate.
10522          (c) The Division of Corporations and Commercial Code shall develop a form for
10523     governmental entities to complete that provides the information required by Subsection (5)(a).
10524          (d) (i) A newly incorporated municipality shall file the statement required by
10525     Subsection (5)(a) promptly after the lieutenant governor issues a certificate of incorporation
10526     under Section 67-1a-6.5.
10527          (ii) A newly incorporated [local] special district shall file the statement required by
10528     Subsection (5)(a) at the time that the written notice is filed with the lieutenant governor under
10529     Section 17B-1-215.
10530          (e) A governmental entity may, in the governmental entity's statement, identify an
10531     agent authorized to accept notices of claim on behalf of the governmental entity.
10532          (6) The Division of Corporations and Commercial Code shall:
10533          (a) maintain an index of the statements required by this section arranged both
10534     alphabetically by entity and by county of operation; and

10535          (b) make the indices available to the public both electronically and via hard copy.
10536          (7) A governmental entity may not challenge the validity of a notice of claim on the
10537     grounds that it was not directed and delivered to the proper office or agent if the error is caused
10538     by the governmental entity's failure to file or update the statement required by Subsection (5).
10539          (8) A governmental entity may not challenge the timeliness, under Section 63G-7-402,
10540     of a notice of claim if:
10541          (a) (i) the claimant files a notice of claim with the governmental entity:
10542          (A) in accordance with the requirements of this section; and
10543          (B) within 30 days after the expiration of the time for filing a notice of claim under
10544     Section 63G-7-402;
10545          (ii) the claimant demonstrates that the claimant previously filed a notice of claim:
10546          (A) in accordance with the requirements of this section;
10547          (B) with an incorrect governmental entity;
10548          (C) in the good faith belief that the claimant was filing the notice of claim with the
10549     correct governmental entity;
10550          (D) within the time for filing a notice of claim under Section 63G-7-402; and
10551          (E) no earlier than 30 days before the expiration of the time for filing a notice of claim
10552     under Section 63G-7-402; and
10553          (iii) the claimant submits with the notice of claim:
10554          (A) a copy of the previous notice of claim that was filed with a governmental entity
10555     other than the correct governmental entity; and
10556          (B) proof of the date the previous notice of claim was filed; or
10557          (b) (i) the claimant delivers by hand, transmits by mail, or sends by email a notice of
10558     claim:
10559          (A) to an elected official or executive officer of the correct governmental entity but not
10560     to the correct office under Subsection (3)(b)(ii); and
10561          (B) that otherwise meets the requirements of Subsection (3); and
10562          (ii) (A) the claimant contemporaneously sends a hard copy or electronic copy of the
10563     notice of claim to the office of the city attorney, district attorney, county attorney, attorney
10564     general, or other attorney, as the case may be, representing the correct governmental entity; or
10565          (B) the governmental entity does not, within 60 days after the claimant delivers the

10566     notice of claim under Subsection (8)(b)(i), provide written notification to the claimant of the
10567     delivery defect and of the identity of the correct office to which the claimant is required to
10568     deliver the notice of claim.
10569          Section 124. Section 63G-9-201 is amended to read:
10570          63G-9-201. Members -- Functions.
10571          (1) As used in this chapter:
10572          (a) "Political subdivision" means any county, city, town, school district, community
10573     reinvestment agency, special improvement or taxing district, [local] special district, special
10574     service district, an entity created by an interlocal agreement adopted under Title 11, Chapter 13,
10575     Interlocal Cooperation Act, or other governmental subdivision or public corporation.
10576          (b) "State" means the state of Utah, and includes each office, department, division,
10577     agency, authority, commission, board, institution, college, university, Children's Justice Center,
10578     or other instrumentality of the state.
10579          (2) The governor, the state auditor, and the attorney general shall constitute a Board of
10580     Examiners, with power to examine all claims against the state or a political subdivision, for the
10581     payment of which funds appropriated by the Legislature or derived from any other source are
10582     not available.
10583          (3) No claim against the state or a political subdivision, for the payment of which
10584     specifically designated funds are required to be appropriated by the Legislature shall be passed
10585     upon by the Legislature without having been considered and acted upon by the Board of
10586     Examiners.
10587          (4) The governor shall be the president, and the state auditor shall be the secretary of
10588     the board, and in the absence of either an officer pro tempore may be elected from among the
10589     members of the board.
10590          Section 125. Section 63G-12-102 is amended to read:
10591          63G-12-102. Definitions.
10592          As used in this chapter:
10593          (1) "Basic health insurance plan" means a health plan that is actuarially equivalent to a
10594     federally qualified high deductible health plan.
10595          (2) "Department" means the Department of Public Safety created in Section 53-1-103.
10596          (3) "Employee" means an individual employed by an employer under a contract for

10597     hire.
10598          (4) "Employer" means a person who has one or more employees employed in the same
10599     business, or in or about the same establishment, under any contract of hire, express or implied,
10600     oral or written.
10601          (5) "E-verify program" means the electronic verification of the work authorization
10602     program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, 8
10603     U.S.C. Sec. 1324a, known as the e-verify program.
10604          (6) "Family member" means for an undocumented individual:
10605          (a) a member of the undocumented individual's immediate family;
10606          (b) the undocumented individual's grandparent;
10607          (c) the undocumented individual's sibling;
10608          (d) the undocumented individual's grandchild;
10609          (e) the undocumented individual's nephew;
10610          (f) the undocumented individual's niece;
10611          (g) a spouse of an individual described in this Subsection (6); or
10612          (h) an individual who is similar to one listed in this Subsection (6).
10613          (7) "Federal SAVE program" means the Systematic Alien Verification for Entitlements
10614     Program operated by the United States Department of Homeland Security or an equivalent
10615     program designated by the Department of Homeland Security.
10616          (8) "Guest worker" means an undocumented individual who holds a guest worker
10617     permit.
10618          (9) "Guest worker permit" means a permit issued in accordance with Section
10619     63G-12-207 to an undocumented individual who meets the eligibility criteria of Section
10620     63G-12-205.
10621          (10) "Immediate family" means for an undocumented individual:
10622          (a) the undocumented individual's spouse; or
10623          (b) a child of the undocumented individual if the child is:
10624          (i) under 21 years old; and
10625          (ii) unmarried.
10626          (11) "Immediate family permit" means a permit issued in accordance with Section
10627     63G-12-207 to an undocumented individual who meets the eligibility criteria of Section

10628     63G-12-206.
10629          (12) "Permit" means a permit issued under Part 2, Guest Worker Program, and
10630     includes:
10631          (a) a guest worker permit; and
10632          (b) an immediate family permit.
10633          (13) "Permit holder" means an undocumented individual who holds a permit.
10634          (14) "Private employer" means an employer who is not the federal government or a
10635     public employer.
10636          (15) "Program" means the Guest Worker Program described in Section 63G-12-201.
10637          (16) "Program start date" means the day on which the department is required to
10638     implement the program under Subsection 63G-12-202(3).
10639          (17) "Public employer" means an employer that is:
10640          (a) the state of Utah or any administrative subunit of the state;
10641          (b) a state institution of higher education, as defined in Section 53B-3-102;
10642          (c) a political subdivision of the state including a county, city, town, school district,
10643     [local] special district, or special service district; or
10644          (d) an administrative subunit of a political subdivision.
10645          (18) "Relevant contact information" means the following for an undocumented
10646     individual:
10647          (a) the undocumented individual's name;
10648          (b) the undocumented individual's residential address;
10649          (c) the undocumented individual's residential telephone number;
10650          (d) the undocumented individual's personal email address;
10651          (e) the name of the person with whom the undocumented individual has a contract for
10652     hire;
10653          (f) the name of the contact person for the person listed in Subsection (18)(e);
10654          (g) the address of the person listed in Subsection (18)(e);
10655          (h) the telephone number for the person listed in Subsection (18)(e);
10656          (i) the names of the undocumented individual's immediate family members;
10657          (j) the names of the family members who reside with the undocumented individual;
10658     and

10659          (k) any other information required by the department by rule made in accordance with
10660     Chapter 3, Utah Administrative Rulemaking Act.
10661          (19) "Restricted account" means the Immigration Act Restricted Account created in
10662     Section 63G-12-103.
10663          (20) "Serious felony" means a felony under:
10664          (a) Title 76, Chapter 5, Offenses Against the Individual;
10665          (b) Title 76, Chapter 5b, Sexual Exploitation Act;
10666          (c) Title 76, Chapter 6, Offenses Against Property;
10667          (d) Title 76, Chapter 7, Offenses Against the Family;
10668          (e) Title 76, Chapter 8, Offenses Against the Administration of Government;
10669          (f) Title 76, Chapter 9, Offenses Against Public Order and Decency; and
10670          (g) Title 76, Chapter 10, Offenses Against Public Health, Safety, Welfare, and Morals.
10671          (21) (a) "Status verification system" means an electronic system operated by the federal
10672     government, through which an authorized official of a state agency or a political subdivision of
10673     the state may inquire by exercise of authority delegated pursuant to 8 U.S.C. Sec. 1373, to
10674     verify the citizenship or immigration status of an individual within the jurisdiction of the
10675     agency or political subdivision for a purpose authorized under this section.
10676          (b) "Status verification system" includes:
10677          (i) the e-verify program;
10678          (ii) an equivalent federal program designated by the United States Department of
10679     Homeland Security or other federal agency authorized to verify the work eligibility status of a
10680     newly hired employee pursuant to the Immigration Reform and Control Act of 1986;
10681          (iii) the Social Security Number Verification Service or similar online verification
10682     process implemented by the United States Social Security Administration; or
10683          (iv) an independent third-party system with an equal or higher degree of reliability as
10684     the programs, systems, or processes described in Subsection (21)(b)(i), (ii), or (iii).
10685          (22) "Unauthorized alien" is as defined in 8 U.S.C. Sec. 1324a(h)(3).
10686          (23) "Undocumented individual" means an individual who:
10687          (a) lives or works in the state; and
10688          (b) is not in compliance with the Immigration and Nationality Act, 8 U.S.C. Sec. 1101
10689     et seq. with regard to presence in the United States.

10690          (24) "U-verify program" means the verification procedure developed by the department
10691     in accordance with Section 63G-12-210.
10692          Section 126. Section 63G-22-102 is amended to read:
10693          63G-22-102. Definitions.
10694          As used in this chapter:
10695          (1) "Political subdivision" means:
10696          (a) a county;
10697          (b) a municipality, as defined in Section 10-1-104;
10698          (c) a [local] special district;
10699          (d) a special service district;
10700          (e) an interlocal entity, as defined in Section 11-13-103;
10701          (f) a community reinvestment agency;
10702          (g) a local building authority; or
10703          (h) a conservation district.
10704          (2) (a) "Public employee" means any individual employed by or volunteering for a state
10705     agency or a political subdivision who is not a public official.
10706          (b) "Public employee" does not include an individual employed by or volunteering for
10707     a taxed interlocal entity.
10708          (3) (a) "Public official" means:
10709          (i) an appointed official or an elected official as those terms are defined in Section
10710     63A-17-502; or
10711          (ii) an individual elected or appointed to a county office, municipal office, school
10712     board or school district office, [local] special district office, or special service district office.
10713          (b) "Public official" does not include an appointed or elected official of a taxed
10714     interlocal entity.
10715          (4) "State agency" means a department, division, board, council, committee, institution,
10716     office, bureau, or other similar administrative unit of the executive branch of state government.
10717          (5) "Taxed interlocal entity" means the same as that term is defined in Section
10718     11-13-602.
10719          Section 127. Section 63G-26-102 is amended to read:
10720          63G-26-102. Definitions.

10721          As used in this chapter:
10722          (1) "Personal information" means a record or other compilation of data that identifies a
10723     person as a donor to an entity exempt from federal income tax under Section 501(c) of the
10724     Internal Revenue Code.
10725          (2) "Public agency" means a state or local government entity, including:
10726          (a) a department, division, agency, office, commission, board, or other government
10727     organization;
10728          (b) a political subdivision, including a county, city, town, metro township, [local]
10729     special district, or special service district;
10730          (c) a public school, school district, charter school, or public higher education
10731     institution; or
10732          (d) a judicial or quasi-judicial body.
10733          Section 128. Section 63H-1-102 is amended to read:
10734          63H-1-102. Definitions.
10735          As used in this chapter:
10736          (1) "Authority" means the Military Installation Development Authority, created under
10737     Section 63H-1-201.
10738          (2) "Base taxable value" means:
10739          (a) for military land or other land that was exempt from a property tax at the time that a
10740     project area was created that included the military land or other land, a taxable value of zero; or
10741          (b) for private property that is included in a project area, the taxable value of the
10742     property within any portion of the project area, as designated by board resolution, from which
10743     the property tax allocation will be collected, as shown upon the assessment roll last equalized:
10744          (i) before the year in which the authority creates the project area; or
10745          (ii) before the year in which the project area plan is amended, for property added to a
10746     project area by an amendment to a project area plan.
10747          (3) "Board" means the governing body of the authority created under Section
10748     63H-1-301.
10749          (4) (a) "Dedicated tax collections" means the property tax that remains after the
10750     authority is paid the property tax allocation the authority is entitled to receive under Subsection
10751     63H-1-501(1), for a property tax levied by:

10752          (i) a county, including a district the county has established under Subsection 17-34-3(2)
10753     to levy a property tax under Title 17, Chapter 34, Municipal-Type Services to Unincorporated
10754     Areas; or
10755          (ii) an included municipality.
10756          (b) "Dedicated tax collections" does not include a county additional property tax or
10757     multicounty assessing and collecting levy imposed in accordance with Section 59-2-1602.
10758          (5) "Develop" means to engage in development.
10759          (6) (a) "Development" means an activity occurring:
10760          (i) on land within a project area that is owned or operated by the military, the authority,
10761     another public entity, or a private entity; or
10762          (ii) on military land associated with a project area.
10763          (b) "Development" includes the demolition, construction, reconstruction, modification,
10764     expansion, maintenance, operation, or improvement of a building, facility, utility, landscape,
10765     parking lot, park, trail, or recreational amenity.
10766          (7) "Development project" means a project to develop land within a project area.
10767          (8) "Elected member" means a member of the authority board who:
10768          (a) is a mayor or member of a legislative body appointed under Subsection
10769     63H-1-302(2)(b); or
10770          (b) (i) is appointed to the authority board under Subsection 63H-1-302(2)(a) or (3); and
10771          (ii) concurrently serves in an elected state, county, or municipal office.
10772          (9) "Included municipality" means a municipality, some or all of which is included
10773     within a project area.
10774          (10) (a) "Military" means a branch of the armed forces of the United States, including
10775     the Utah National Guard.
10776          (b) "Military" includes, in relation to property, property that is occupied by the military
10777     and is owned by the government of the United States or the state.
10778          (11) "Military Installation Development Authority accommodations tax" or "MIDA
10779     accommodations tax" means the tax imposed under Section 63H-1-205.
10780          (12) "Military Installation Development Authority energy tax" or "MIDA energy tax"
10781     means the tax levied under Section 63H-1-204.
10782          (13) "Military land" means land or a facility, including leased land or a leased facility,

10783     that is part of or affiliated with a base, camp, post, station, yard, center, or installation under the
10784     jurisdiction of the United States Department of Defense, the United States Department of
10785     Veterans Affairs, or the Utah National Guard.
10786          (14) "Municipal energy tax" means a municipal energy sales and use tax under Title
10787     10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act.
10788          (15) "Municipal services revenue" means revenue that the authority:
10789          (a) collects from the authority's:
10790          (i) levy of a municipal energy tax;
10791          (ii) levy of a MIDA energy tax;
10792          (iii) levy of a telecommunications tax;
10793          (iv) imposition of a transient room tax; and
10794          (v) imposition of a resort communities tax;
10795          (b) receives under Subsection 59-12-205(2)(a)(ii)(B); and
10796          (c) receives as dedicated tax collections.
10797          (16) "Municipal tax" means a municipal energy tax, MIDA energy tax, MIDA
10798     accommodations tax, telecommunications tax, transient room tax, or resort communities tax.
10799          (17) "Project area" means the land, including military land, whether consisting of a
10800     single contiguous area or multiple noncontiguous areas, described in a project area plan or draft
10801     project area plan, where the development project set forth in the project area plan or draft
10802     project area plan takes place or is proposed to take place.
10803          (18) "Project area budget" means a multiyear projection of annual or cumulative
10804     revenues and expenses and other fiscal matters pertaining to a project area that includes:
10805          (a) the base taxable value of property in the project area;
10806          (b) the projected property tax allocation expected to be generated within the project
10807     area;
10808          (c) the amount of the property tax allocation expected to be shared with other taxing
10809     entities;
10810          (d) the amount of the property tax allocation expected to be used to implement the
10811     project area plan, including the estimated amount of the property tax allocation to be used for
10812     land acquisition, public improvements, infrastructure improvements, and loans, grants, or other
10813     incentives to private and public entities;

10814          (e) the property tax allocation expected to be used to cover the cost of administering
10815     the project area plan;
10816          (f) if the property tax allocation is to be collected at different times or from different
10817     portions of the project area, or both:
10818          (i) (A) the tax identification numbers of the parcels from which the property tax
10819     allocation will be collected; or
10820          (B) a legal description of the portion of the project area from which the property tax
10821     allocation will be collected; and
10822          (ii) an estimate of when other portions of the project area will become subject to
10823     collection of the property tax allocation; and
10824          (g) for property that the authority owns or leases and expects to sell or sublease, the
10825     expected total cost of the property to the authority and the expected selling price or lease
10826     payments.
10827          (19) "Project area plan" means a written plan that, after the plan's effective date, guides
10828     and controls the development within a project area.
10829          (20) (a) "Property tax" includes a privilege tax imposed under Title 59, Chapter 4,
10830     Privilege Tax, except as described in Subsection (20)(b), and each levy on an ad valorem basis
10831     on tangible or intangible personal or real property.
10832          (b) "Property tax" does not include a privilege tax on the taxable value:
10833          (i) attributable to a portion of a facility leased to the military for a calendar year when:
10834          (A) a lessee of military land has constructed a facility on the military land that is part of
10835     a project area;
10836          (B) the lessee leases space in the facility to the military for the entire calendar year; and
10837          (C) the lease rate paid by the military for the space is $1 or less for the entire calendar
10838     year, not including any common charges that are reimbursements for actual expenses; or
10839          (ii) of the following property owned by the authority, regardless of whether the
10840     authority enters into a long-term operating agreement with a privately owned entity under
10841     which the privately owned entity agrees to operate the property:
10842          (A) a hotel;
10843          (B) a hotel condominium unit in a condominium project, as defined in Section 57-8-3;
10844     and

10845          (C) a commercial condominium unit in a condominium project, as defined in Section
10846     57-8-3.
10847          (21) "Property tax allocation" means the difference between:
10848          (a) the amount of property tax revenues generated each tax year by all taxing entities
10849     from the area within a project area designated in the project area plan as the area from which
10850     the property tax allocation is to be collected, using the current assessed value of the property;
10851     and
10852          (b) the amount of property tax revenues that would be generated from that same area
10853     using the base taxable value of the property.
10854          (22) "Public entity" means:
10855          (a) the state, including each department or agency of the state; or
10856          (b) a political subdivision of the state, including the authority or a county, city, town,
10857     school district, [local] special district, special service district, or interlocal cooperation entity.
10858          (23) (a) " Public infrastructure and improvements" means infrastructure,
10859     improvements, facilities, or buildings that:
10860          (i) benefit the public, the authority, the military, or military-related entities; and
10861          (ii) (A) are publicly owned by the military, the authority, a public infrastructure district
10862     under Title 17D, Chapter 4, Public Infrastructure District Act, or another public entity;
10863          (B) are owned by a utility; or
10864          (C) are publicly maintained or operated by the military, the authority, or another public
10865     entity.
10866          (b) "Public infrastructure and improvements" also means infrastructure, improvements,
10867     facilities, or buildings that:
10868          (i) are privately owned; and
10869          (ii) provide a substantial benefit, as determined by the board, to the development and
10870     operation of a project area.
10871          (c) "Public infrastructure and improvements" includes:
10872          (i) facilities, lines, or systems that harness geothermal energy or provide water, chilled
10873     water, steam, sewer, storm drainage, natural gas, electricity, or telecommunications;
10874          (ii) streets, roads, curb, gutter, sidewalk, walkways, tunnels, solid waste facilities,
10875     parking facilities, public transportation facilities, and parks, trails, and other recreational

10876     facilities;
10877          (iii) snowmaking equipment and related improvements that can also be used for water
10878     storage or fire suppression purposes; and
10879          (iv) a building and related improvements for occupancy by the public, the authority, the
10880     military, or military-related entities.
10881          (24) "Remaining municipal services revenue" means municipal services revenue that
10882     the authority has not:
10883          (a) spent during the authority's fiscal year for municipal services as provided in
10884     Subsection 63H-1-503(1); or
10885          (b) redirected to use in accordance with Subsection 63H-1-502(3).
10886          (25) "Resort communities tax" means a sales and use tax imposed under Section
10887     59-12-401.
10888          (26) "Taxable value" means the value of property as shown on the last equalized
10889     assessment roll.
10890          (27) "Taxing entity":
10891          (a) means a public entity that levies a tax on property within a project area; and
10892          (b) does not include a public infrastructure district that the authority creates under Title
10893     17D, Chapter 4, Public Infrastructure District Act.
10894          (28) "Telecommunications tax" means a telecommunications license tax under Title
10895     10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act.
10896          (29) "Transient room tax" means a tax under Section 59-12-352.
10897          Section 129. Section 63H-1-202 is amended to read:
10898          63H-1-202. Applicability of other law.
10899          (1) As used in this section:
10900          (a) "Subsidiary" means an authority subsidiary that is a public body as defined in
10901     Section 52-4-103.
10902          (b) "Subsidiary board" means the governing body of a subsidiary.
10903          (2) The authority or land within a project area is not subject to:
10904          (a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act;
10905          (b) Title 17, Chapter 27a, County Land Use, Development, and Management Act;
10906          (c) ordinances or regulations of a county or municipality, including those relating to

10907     land use, health, business license, or franchise; or
10908          (d) the jurisdiction of a [local] special district under [Title 17B, Limited Purpose Local
10909     Government Entities - Local Districts] Title 17B, Limited Purpose Local Government Entities -
10910     Special Districts, or a special service district under Title 17D, Chapter 1, Special Service
10911     District Act.
10912          (3) The authority is subject to and governed by Sections 63E-2-106, 63E-2-107,
10913     63E-2-108, 63E-2-109, 63E-2-110, and 63E-2-111, but is not otherwise subject to or governed
10914     by Title 63E, Independent Entities Code.
10915          (4) (a) The definitions in Section 57-8-3 apply to this Subsection (4).
10916          (b) Notwithstanding the provisions of Title 57, Chapter 8, Condominium Ownership
10917     Act, or any other provision of law:
10918          (i) if the military is the owner of land in a project area on which a condominium project
10919     is constructed, the military is not required to sign, execute, or record a declaration of a
10920     condominium project; and
10921          (ii) if a condominium unit in a project area is owned by the military or owned by the
10922     authority and leased to the military for $1 or less per calendar year, not including any common
10923     charges that are reimbursements for actual expenses:
10924          (A) the condominium unit is not subject to any liens under Title 57, Chapter 8,
10925     Condominium Ownership Act;
10926          (B) condominium unit owners within the same building or commercial condominium
10927     project may agree on any method of allocation and payment of common area expenses,
10928     regardless of the size or par value of each unit; and
10929          (C) the condominium project may not be dissolved without the consent of all the
10930     condominium unit owners.
10931          (5) Notwithstanding any other provision, when a law requires the consent of a local
10932     government, the authority is the consenting entity for a project area.
10933          (6) (a) A department, division, or other agency of the state and a political subdivision
10934     of the state shall cooperate with the authority to the fullest extent possible to provide whatever
10935     support, information, or other assistance the authority requests that is reasonably necessary to
10936     help the authority fulfill the authority's duties and responsibilities under this chapter.
10937          (b) Subsection (6)(a) does not apply to a political subdivision that does not have any of

10938     a project area located within the boundary of the political subdivision.
10939          (7) (a) The authority and a subsidiary are subject to Title 52, Chapter 4, Open and
10940     Public Meetings Act, except that:
10941          (i) notwithstanding Section 52-4-104, the timing and nature of training to authority
10942     board members or subsidiary board members on the requirements of Title 52, Chapter 4, Open
10943     and Public Meetings Act, may be determined by:
10944          (A) the board chair, for the authority board; or
10945          (B) the subsidiary board chair, for a subsidiary board;
10946          (ii) authority staff may adopt a rule governing the use of electronic meetings under
10947     Section 52-4-207, if, under Subsection 63H-1-301(3), the board delegates to authority staff the
10948     power to adopt the rule; and
10949          (iii) for an electronic meeting of the authority board or subsidiary board that otherwise
10950     complies with Section 52-4-207, the authority board or subsidiary board, respectively:
10951          (A) is not required to establish an anchor location; and
10952          (B) may convene and conduct the meeting without the written determination otherwise
10953     required under Subsection 52-4-207(4).
10954          (b) Except as provided in Subsection (7)(c), the authority is not required to physically
10955     post notice notwithstanding any other provision of law.
10956          (c) The authority shall physically post notice in accordance with Subsection
10957     52-4-202(3)(a)(i).
10958          (8) The authority and a subsidiary are subject to Title 63G, Chapter 2, Government
10959     Records Access and Management Act, except that:
10960          (a) notwithstanding Section 63G-2-701:
10961          (i) the authority may establish an appeals board consisting of at least three members;
10962          (ii) an appeals board established under Subsection (8)(a)(i) shall include:
10963          (A) one of the authority board members appointed by the governor;
10964          (B) the authority board member appointed by the president of the Senate; and
10965          (C) the authority board member appointed by the speaker of the House of
10966     Representatives; and
10967          (iii) an appeal of a decision of an appeals board is to district court, as provided in
10968     Section 63G-2-404, except that the State Records Committee is not a party; and

10969          (b) a record created or retained by the authority or a subsidiary acting in the role of a
10970     facilitator under Subsection 63H-1-201(3)(v) is a protected record under Title 63G, Chapter 2,
10971     Government Records Access and Management Act.
10972          (9) The authority or a subsidiary acting in the role of a facilitator under Subsection
10973     63H-1-201(3)(v) is not prohibited from receiving a benefit from a public-private partnership
10974     that results from the facilitator's work as a facilitator.
10975          (10) (a) (i) A subsidiary created as a public infrastructure district under Title 17D,
10976     Chapter 4, Public Infrastructure District Act, may, subject to limitations of Title 17D, Chapter
10977     4, Public Infrastructure District Act, levy a property tax for the operations and maintenance of
10978     the public infrastructure district's financed infrastructure and related improvements, subject to a
10979     maximum rate of .015.
10980          (ii) A levy under Subsection (10)(a)(i) may be separate from a public infrastructure
10981     district property tax levy for a bond.
10982          (b) If a subsidiary created as a public infrastructure district issues a bond:
10983          (i) the subsidiary may:
10984          (A) delay the effective date of the property tax levy for the bond until after the period
10985     of capitalized interest payments; and
10986          (B) covenant with bondholders not to reduce or impair the property tax levy; and
10987          (ii) notwithstanding a provision to the contrary in Title 17D, Chapter 4, Public
10988     Infrastructure District Act, the tax rate for the property tax levy for the bond may not exceed a
10989     rate that generates more revenue than required to pay the annual debt service of the bond plus
10990     administrative costs, subject to a maximum of .02.
10991          (c) (i) A subsidiary created as a public infrastructure district under Title 17D, Chapter
10992     4, Public Infrastructure District Act, may create tax areas, as defined in Section 59-2-102,
10993     within the public infrastructure district and apply a different property tax rate to each tax area,
10994     subject to the maximum rate limitations described in Subsections (10)(a)(i) and (10)(b)(ii).
10995          (ii) If a subsidiary created by a public infrastructure district issues bonds, the subsidiary
10996     may issue bonds secured by property taxes from:
10997          (A) the entire public infrastructure district; or
10998          (B) one or more tax areas within the public infrastructure district.
10999          (11) (a) Terms defined in Section 57-11-2 apply to this Subsection (11).

11000          (b) Title 57, Chapter 11, Utah Uniform Land Sales Practices Act, does not apply to an
11001     offer or disposition of an interest in land if the interest in land lies within the boundaries of the
11002     project area and the authority:
11003          (i) (A) has a development review committee using at least one professional planner;
11004          (B) enacts standards and guidelines that require approval of planning, land use, and
11005     plats, including the approval of plans for streets, culinary water, sanitary sewer, and flood
11006     control; and
11007          (C) will have the improvements described in Subsection (11)(b)(i)(B) plus
11008     telecommunications and electricity; and
11009          (ii) if at the time of the offer or disposition, the subdivider furnishes satisfactory
11010     assurance of completion of the improvements described in Subsection (11)(b)(i)(C).
11011          (12) (a) As used in this Subsection (12), "officer" means the same as an officer within
11012     the meaning of the Utah Constitution, Article IV, Section 10.
11013          (b) An official act of an officer may not be invalidated for the reason that the officer
11014     failed to take the oath of office.
11015          Section 130. Section 63I-5-102 is amended to read:
11016          63I-5-102. Definitions.
11017          As used in this chapter:
11018          (1) "Agency governing board" is any board or commission that has policy making and
11019     oversight responsibility over the agency, including the authority to appoint and remove the
11020     agency director.
11021          (2) "Agency head" means a cabinet officer, an elected official, an executive director, or
11022     a board or commission vested with responsibility to administer or make policy for a state
11023     agency.
11024          (3) "Agency internal audit director" or "audit director" means the person who:
11025          (a) directs the internal audit program for the state agency; and
11026          (b) is appointed by the audit committee or, if no audit committee has been established,
11027     by the agency head.
11028          (4) "Appointing authority" means:
11029          (a) the governor, for state agencies other than the State Tax Commission;
11030          (b) the Judicial Council, for judicial branch agencies;

11031          (c) the Utah Board of Higher Education, for higher education entities;
11032          (d) the State Board of Education, for entities administered by the State Board of
11033     Education; or
11034          (e) the four tax commissioners, for the State Tax Commission.
11035          (5) "Audit committee" means a standing committee composed of members who:
11036          (a) are appointed by an appointing authority;
11037          (b) (i) do not have administrative responsibilities within the agency; and
11038          (ii) are not an agency contractor or other service provider; and
11039          (c) have the expertise to provide effective oversight of and advice about internal audit
11040     activities and services.
11041          (6) "Audit plan" means a prioritized list of audits to be performed by an internal audit
11042     program within a specified period of time.
11043          (7) "Higher education entity" means the Utah Board of Higher Education, an institution
11044     of higher education board of trustees, or each higher education institution.
11045          (8) "Internal audit" means an independent appraisal activity established within a state
11046     agency as a control system to examine and evaluate the adequacy and effectiveness of other
11047     internal control systems within the agency.
11048          (9) "Internal audit program" means an audit function that:
11049          (a) is conducted by an agency, division, bureau, or office, independent of the agency,
11050     division, bureau, or office operations;
11051          (b) objectively evaluates the effectiveness of agency, division, bureau, or office
11052     governance, risk management, internal controls, and the efficiency of operations; and
11053          (c) is conducted in accordance with the current:
11054          (i) International Standards for the Professional Practice of Internal Auditing; or
11055          (ii) The Government Auditing Standards, issued by the Comptroller General of the
11056     United States.
11057          (10) "Judicial branch agency" means each administrative entity of the judicial branch.
11058          (11) (a) "State agency" means:
11059          (i) each department, commission, board, council, agency, institution, officer,
11060     corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel,
11061     or other administrative unit of the state; or

11062          (ii) each state public education entity.
11063          (b) "State agency" does not mean:
11064          (i) a legislative branch agency;
11065          (ii) an independent state agency as defined in Section 63E-1-102;
11066          (iii) a county, municipality, school district, [local] special district, or special service
11067     district; or
11068          (iv) any administrative subdivision of a county, municipality, school district, [local]
11069     special district, or special service district.
11070          Section 131. Section 63J-1-220 is amended to read:
11071          63J-1-220. Reporting related to pass through money distributed by state
11072     agencies.
11073          (1) As used in this section:
11074          (a) "Local government entity" means a county, municipality, school district, [local]
11075     special district under [Title 17B, Limited Purpose Local Government Entities - Local Districts]
11076     Title 17B, Limited Purpose Local Government Entities - Special Districts, special service
11077     district under Title 17D, Chapter 1, Special Service District Act, or any other political
11078     subdivision of the state.
11079          (b) (i) "Pass through funding" means money appropriated by the Legislature to a state
11080     agency that is intended to be passed through the state agency to one or more:
11081          (A) local government entities;
11082          (B) private organizations, including not-for-profit organizations; or
11083          (C) persons in the form of a loan or grant.
11084          (ii) "Pass through funding" may be:
11085          (A) general funds, dedicated credits, or any combination of state funding sources; and
11086          (B) ongoing or one-time.
11087          (c) "Recipient entity" means a local government entity or private entity, including a
11088     nonprofit entity, that receives money by way of pass through funding from a state agency.
11089          (d) "State agency" means a department, commission, board, council, agency,
11090     institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
11091     unit, bureau, panel, or other administrative unit of the executive branch of the state.
11092          (e) (i) "State money" means money that is owned, held, or administered by a state

11093     agency and derived from state fees or tax revenues.
11094          (ii) "State money" does not include contributions or donations received by a state
11095     agency.
11096          (2) A state agency may not provide a recipient entity state money through pass through
11097     funding unless:
11098          (a) the state agency enters into a written agreement with the recipient entity; and
11099          (b) the written agreement described in Subsection (2)(a) requires the recipient entity to
11100     provide the state agency:
11101          (i) a written description and an itemized report at least annually detailing the
11102     expenditure of the state money, or the intended expenditure of any state money that has not
11103     been spent; and
11104          (ii) a final written itemized report when all the state money is spent.
11105          (3) A state agency shall provide to the Governor's Office of Planning and Budget a
11106     copy of a written description or itemized report received by the state agency under Subsection
11107     (2).
11108          (4) Notwithstanding Subsection (2), a state agency is not required to comply with this
11109     section to the extent that the pass through funding is issued:
11110          (a) under a competitive award process;
11111          (b) in accordance with a formula enacted in statute;
11112          (c) in accordance with a state program under parameters in statute or rule that guides
11113     the distribution of the pass through funding; or
11114          (d) under the authority of the Minimum School Program, as defined in Section
11115     53F-2-102.
11116          Section 132. Section 63J-4-102 is amended to read:
11117          63J-4-102. Definitions.
11118          As used in this chapter:
11119          (1) "Executive director" means the chief administrative officer of the office, appointed
11120     under Section 63J-4-202.
11121          (2) "Office" means the Governor's Office of Planning and Budget created in Section
11122     63J-4-201.
11123          (3) "Planning coordinator" means the individual appointed as the planning coordinator

11124     under Section 63J-4-401.
11125          (4) "Political subdivision" means:
11126          (a) a county, municipality, [local] special district, special service district, school
11127     district, or interlocal entity, as defined in Section 11-13-103; or
11128          (b) an administrative subunit of an entity listed in Subsection (4)(a).
11129          Section 133. Section 63J-4-801 is amended to read:
11130          63J-4-801. Definitions.
11131          As used in this part:
11132          (1) "American Rescue Plan Act" means the American Rescue Plan Act, Pub. L. 117-2.
11133          (2) "COVID-19" means:
11134          (a) severe acute respiratory syndrome coronavirus 2; or
11135          (b) the disease caused by severe acute respiratory syndrome coronavirus 2.
11136          (3) "COVID-19 emergency" means the spread of COVID-19 that the World Health
11137     Organization declared a pandemic on March 11, 2020.
11138          (4) "Grant program" means the COVID-19 Local Assistance Matching Grant Program
11139     established in Section 63J-4-802.
11140          (5) "Local government" means a county, city, town, metro township, [local] special
11141     district, or special service district.
11142          (6) "Review committee" means the COVID-19 Local Assistance Matching Grant
11143     Program Review Committee established in Section 63J-4-803.
11144          Section 134. Section 63L-4-102 is amended to read:
11145          63L-4-102. Definitions.
11146          As used in this chapter:
11147          (1) "Constitutional taking issues" means actions involving the physical taking or
11148     exaction of private real property by a political subdivision that might require compensation to a
11149     private real property owner because of:
11150          (a) the Fifth or Fourteenth Amendment of the Constitution of the United States;
11151          (b) Article I, Section 22 of the Utah Constitution; or
11152          (c) any recent court rulings governing the physical taking or exaction of private real
11153     property by a government entity.
11154          (2) "Political subdivision" means a county, municipality, [local] special district, special

11155     service district, school district, or other local government entity.
11156          Section 135. Section 63L-5-102 is amended to read:
11157          63L-5-102. Definitions.
11158          As used in this chapter:
11159          (1) "Free exercise of religion" means an act or refusal to act that is substantially
11160     motivated by sincere religious belief, whether or not the act or refusal is compulsory or central
11161     to a larger system of religious belief, and includes the use, building, or conversion of real
11162     property for the purpose of religious exercise.
11163          (2) "Government entity" means the state, a county, a municipality, a higher education
11164     institution, a [local] special district, a special service district, any other political subdivision of
11165     the state, or any administrative subunit of any of them.
11166          (3) "Land use regulation" means any state or local law or ordinance, whether statutory
11167     or otherwise, that limits or restricts a person's use or development of land or a structure affixed
11168     to land.
11169          (4) "Person" means any individual, partnership, corporation, or other legal entity that
11170     owns an interest in real property.
11171          Section 136. Section 63L-11-102 is amended to read:
11172          63L-11-102. Definitions.
11173          As used in this chapter:
11174          (1) "Coordinating committee" means the committee created in Section 63L-11-401.
11175          (2) "Executive director" means the public lands policy executive director appointed
11176     under Section 63L-11-201.
11177          (3) "Office" means the Public Lands Policy Coordinating Office created in Section
11178     63L-11-201.
11179          (4) "Political subdivision" means:
11180          (a) a county, municipality, [local] special district, special service district, school
11181     district, or interlocal entity, as defined in Section 11-13-103; or
11182          (b) an administrative subunit of an entity listed in Subsection (4)(a).
11183          Section 137. Section 63M-5-103 is amended to read:
11184          63M-5-103. Definitions.
11185          As used in this chapter:

11186          (1) "Commencement of construction" means any clearing of land, excavation, or
11187     construction but does not include preliminary site review, including soil tests, topographical
11188     surveys, exploratory drilling, boring or mining, or other preliminary tests.
11189          (2) "Developer" means any person engaged or to be engaged in industrial development
11190     or the development or utilization of natural resources in this state through a natural resource or
11191     industrial facility, including owners, contract purchases of owners, and persons who, as a lessee
11192     or under an agreement, are engaged or to be engaged in industrial development or the
11193     development or utilization of natural resources in this state through a natural resource or
11194     industrial facility.
11195          (3) "Major developer" means any developer whose proposed new or additional natural
11196     resource facility or industrial facility is projected:
11197          (a) To employ more than 500 people; or
11198          (b) To cause the population of an affected unit of local government to increase by more
11199     than 5%, the increase to include the primary work force of the facility and their dependents and
11200     the work force and dependents attributable to commercial and public service employment
11201     created by the presence of the facility.
11202          (4) "Natural resource facility" or "industrial facility" means any land, structure,
11203     building, plant, mine, road, installation, excavation, machinery, equipment, or device, or any
11204     addition to, reconstruction, replacement, or improvement of, land or an existing structure,
11205     building, plant, mine, road, installation, excavation, machinery, or device reasonably used,
11206     erected, constructed, acquired, or installed by any person, if a substantial purpose of or result of
11207     the use, erection, construction, acquisition, rental, lease, or installation is related to industrial
11208     development or the development or utilization of the natural resources in this state.
11209          (5) "Person" includes any individual, firm, co-partnership, joint venture, corporation,
11210     estate, trust, business trust, syndicate, or any group or combination acting as a unit.
11211          (6) "Unit of local government" means any county, municipality, school district, [local]
11212     special district, special service district, or any other political subdivision of the state.
11213          Section 138. Section 65A-8-203 is amended to read:
11214          65A-8-203. Cooperative fire protection agreements with counties, cities, towns, or
11215     special service districts.
11216          (1) As used in this section:

11217          (a) "Eligible entity" means:
11218          (i) a county, a municipality, or a special service district, [local] special district, or
11219     service area with:
11220          (A) wildland fire suppression responsibility as described in Section 11-7-1; and
11221          (B) wildland fire suppression cost responsibility and taxing authority for a specific
11222     geographic jurisdiction; or
11223          (ii) upon approval by the director, a political subdivision established by a county,
11224     municipality, special service district, [local] special district, or service area that is responsible
11225     for:
11226          (A) providing wildland fire suppression services; and
11227          (B) paying for the cost of wildland fire suppression services.
11228          (b) "Fire service provider" means a public or private entity that fulfills the duties of
11229     Subsection 11-7-1(1).
11230          (2) (a) The governing body of any eligible entity may enter into a cooperative
11231     agreement with the division to receive financial and wildfire management cooperation and
11232     assistance from the division, as described in this part.
11233          (b) A cooperative agreement shall last for a term of no more than five years and be
11234     renewable if the eligible entity continues to meet the requirements of this chapter.
11235          (3) (a) An eligible entity may not receive financial cooperation or financial assistance
11236     under Subsection (2)(a) until a cooperative agreement is executed by the eligible entity and the
11237     division.
11238          (b) The state shall assume an eligible entity's cost of suppressing catastrophic wildfire
11239     as defined in the cooperative agreement if the eligible entity has entered into, and is in full
11240     compliance with, a cooperative agreement with the division, as described in this section.
11241          (c) A county or municipality that is not covered by a cooperative agreement with the
11242     division, as described in this section, shall be responsible for wildland fire costs within the
11243     county or municipality's jurisdiction, as described in Section 65A-8-203.2.
11244          (4) In order to enter into a cooperative agreement with the division, the eligible entity
11245     shall:
11246          (a) if the eligible entity is a county, adopt and enforce on unincorporated land a
11247     wildland fire ordinance based upon minimum standards established by the division or Uniform

11248     Building Code Commission;
11249          (b) require that the fire department or equivalent fire service provider under contract
11250     with, or delegated by, the eligible entity on unincorporated land meet minimum standards for
11251     wildland fire training, certification, and suppression equipment based upon nationally accepted
11252     standards as specified by the division;
11253          (c) invest in prevention, preparedness, and mitigation efforts, as agreed to with the
11254     division, that will reduce the eligible entity's risk of catastrophic wildfire;
11255          (d) file with the division an annual accounting of wildfire prevention, preparedness,
11256     mitigation actions, and associated costs;
11257          (e) return the financial statement described in Subsection (6), signed by the chief
11258     executive of the eligible entity, to the division on or before the date set by the division; and
11259          (f) if the eligible entity is a county, have a designated fire warden as described in
11260     Section 65A-8-209.1.
11261          (5) (a) The state forester may execute a cooperative agreement with the eligible entity.
11262          (b) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
11263     Administrative Rulemaking Act, governing the:
11264          (i) cooperative agreements described in this section;
11265          (ii) manner in which an eligible entity shall provide proof of compliance with
11266     Subsection (4);
11267          (iii) manner by which the division may revoke a cooperative agreement if an eligible
11268     entity ceases to meet the requirements described in this section;
11269          (iv) accounting system for determining suppression costs;
11270          (v) manner in which the division shall determine the eligible entity's participation
11271     commitment; and
11272          (vi) manner in which an eligible entity may appeal a division determination.
11273          (6) (a) The division shall send a financial statement to each eligible entity participating
11274     in a cooperative agreement that details the eligible entity's participation commitment for the
11275     coming fiscal year, including the prevention, preparedness, and mitigation actions agreed to
11276     under Subsection (4)(c).
11277          (b) Each eligible entity participating in a cooperative agreement shall:
11278          (i) have the chief executive of the eligible entity sign the financial statement, or the

11279     legislative body of the eligible entity approve the financial statement by resolution, confirming
11280     the eligible entity's participation for the upcoming year; and
11281          (ii) return the financial statement to the division, on or before a date set by the division.
11282          (c) A financial statement shall be effective for one calendar year, beginning on the date
11283     set by the division, as described in Subsection (6)(b).
11284          (7) (a) An eligible entity may revoke a cooperative agreement before the end of the
11285     cooperative agreement's term by:
11286          (i) informing the division, in writing, of the eligible entity's intention to revoke the
11287     cooperative agreement; or
11288          (ii) failing to sign and return its annual financial statement, as described in Subsection
11289     (6)(b), unless the director grants an extension.
11290          (b) An eligible entity may not revoke a cooperative agreement before the end of the
11291     term of a signed annual financial statement, as described in Subsection (6)(c).
11292          (8) The division shall develop and maintain a wildfire risk assessment mapping tool
11293     that is online and publicly accessible.
11294          (9) By no later than the 2021 November interim meeting of the Natural Resources,
11295     Agriculture, and Environment Interim Committee, the division shall report on the eligible
11296     entities' adherence to and implementation of their participation commitment under this chapter.
11297          Section 139. Section 67-1a-6.5 is amended to read:
11298          67-1a-6.5. Certification of local entity boundary actions -- Definitions -- Notice
11299     requirements -- Electronic copies -- Filing.
11300          (1) As used in this section:
11301          (a) "Applicable certificate" means:
11302          (i) for the impending incorporation of a city, town, [local] special district, conservation
11303     district, or incorporation of a [local] special district from a reorganized special service district,
11304     a certificate of incorporation;
11305          (ii) for the impending creation of a county, school district, special service district,
11306     community reinvestment agency, or interlocal entity, a certificate of creation;
11307          (iii) for the impending annexation of territory to an existing local entity, a certificate of
11308     annexation;
11309          (iv) for the impending withdrawal or disconnection of territory from an existing local

11310     entity, a certificate of withdrawal or disconnection, respectively;
11311          (v) for the impending consolidation of multiple local entities, a certificate of
11312     consolidation;
11313          (vi) for the impending division of a local entity into multiple local entities, a certificate
11314     of division;
11315          (vii) for the impending adjustment of a common boundary between local entities, a
11316     certificate of boundary adjustment; and
11317          (viii) for the impending dissolution of a local entity, a certificate of dissolution.
11318          (b) "Approved final local entity plat" means a final local entity plat, as defined in
11319     Section 17-23-20, that has been approved under Section 17-23-20 as a final local entity plat by
11320     the county surveyor.
11321          (c) "Approving authority" has the same meaning as defined in Section 17-23-20.
11322          (d) "Boundary action" has the same meaning as defined in Section 17-23-20.
11323          (e) "Center" means the Utah Geospatial Resource Center created under Section
11324     63A-16-505.
11325          (f) "Community reinvestment agency" has the same meaning as defined in Section
11326     17C-1-102.
11327          (g) "Conservation district" has the same meaning as defined in Section 17D-3-102.
11328          (h) "Interlocal entity" has the same meaning as defined in Section 11-13-103.
11329          [(i) "Local district" has the same meaning as defined in Section 17B-1-102.]
11330          [(j)] (i) "Local entity" means a county, city, town, school district, [local] special
11331     district, community reinvestment agency, special service district, conservation district, or
11332     interlocal entity.
11333          [(k)] (j) "Notice of an impending boundary action" means a written notice, as described
11334     in Subsection (3), that provides notice of an impending boundary action.
11335          (k) "Special district" means the same as that term is defined in Section 17B-1-102.
11336          (l) "Special service district" [has the same meaning as] means the same as that term is
11337     defined in Section 17D-1-102.
11338          (2) Within 10 days after receiving a notice of an impending boundary action, the
11339     lieutenant governor shall:
11340          (a) (i) issue the applicable certificate, if:

11341          (A) the lieutenant governor determines that the notice of an impending boundary action
11342     meets the requirements of Subsection (3); and
11343          (B) except in the case of an impending local entity dissolution, the notice of an
11344     impending boundary action is accompanied by an approved final local entity plat;
11345          (ii) send the applicable certificate to the local entity's approving authority;
11346          (iii) return the original of the approved final local entity plat to the local entity's
11347     approving authority;
11348          (iv) send a copy of the applicable certificate and approved final local entity plat to:
11349          (A) the State Tax Commission;
11350          (B) the center; and
11351          (C) the county assessor, county surveyor, county auditor, and county attorney of each
11352     county in which the property depicted on the approved final local entity plat is located; and
11353          (v) send a copy of the applicable certificate to the state auditor, if the boundary action
11354     that is the subject of the applicable certificate is:
11355          (A) the incorporation or creation of a new local entity;
11356          (B) the consolidation of multiple local entities;
11357          (C) the division of a local entity into multiple local entities; or
11358          (D) the dissolution of a local entity; or
11359          (b) (i) send written notification to the approving authority that the lieutenant governor
11360     is unable to issue the applicable certificate, if:
11361          (A) the lieutenant governor determines that the notice of an impending boundary action
11362     does not meet the requirements of Subsection (3); or
11363          (B) the notice of an impending boundary action is:
11364          (I) not accompanied by an approved final local entity plat; or
11365          (II) accompanied by a plat or final local entity plat that has not been approved as a final
11366     local entity plat by the county surveyor under Section 17-23-20; and
11367          (ii) explain in the notification under Subsection (2)(b)(i) why the lieutenant governor is
11368     unable to issue the applicable certificate.
11369          (3) Each notice of an impending boundary action shall:
11370          (a) be directed to the lieutenant governor;
11371          (b) contain the name of the local entity or, in the case of an incorporation or creation,

11372     future local entity, whose boundary is affected or established by the boundary action;
11373          (c) describe the type of boundary action for which an applicable certificate is sought;
11374          (d) be accompanied by a letter from the Utah State Retirement Office, created under
11375     Section 49-11-201, to the approving authority that identifies the potential provisions under
11376     Title 49, Utah State Retirement and Insurance Benefit Act, that the local entity shall comply
11377     with, related to the boundary action, if the boundary action is an impending incorporation or
11378     creation of a local entity that may result in the employment of personnel; and
11379          (e) (i) contain a statement, signed and verified by the approving authority, certifying
11380     that all requirements applicable to the boundary action have been met; or
11381          (ii) in the case of the dissolution of a municipality, be accompanied by a certified copy
11382     of the court order approving the dissolution of the municipality.
11383          (4) The lieutenant governor may require the approving authority to submit a paper or
11384     electronic copy of a notice of an impending boundary action and approved final local entity plat
11385     in conjunction with the filing of the original of those documents.
11386          (5) (a) The lieutenant governor shall:
11387          (i) keep, index, maintain, and make available to the public each notice of an impending
11388     boundary action, approved final local entity plat, applicable certificate, and other document that
11389     the lieutenant governor receives or generates under this section;
11390          (ii) make a copy of each document listed in Subsection (5)(a)(i) available on the
11391     Internet for 12 months after the lieutenant governor receives or generates the document;
11392          (iii) furnish a paper copy of any of the documents listed in Subsection (5)(a)(i) to any
11393     person who requests a paper copy; and
11394          (iv) furnish a certified copy of any of the documents listed in Subsection (5)(a)(i) to
11395     any person who requests a certified copy.
11396          (b) The lieutenant governor may charge a reasonable fee for a paper copy or certified
11397     copy of a document that the lieutenant governor provides under this Subsection (5).
11398          Section 140. Section 67-1a-15 is amended to read:
11399          67-1a-15. Local government and limited purpose entity registry.
11400          (1) As used in this section:
11401          (a) "Entity" means a limited purpose entity or a local government entity.
11402          (b) (i) "Limited purpose entity" means a legal entity that:

11403          (A) performs a single governmental function or limited governmental functions; and
11404          (B) is not a state executive branch agency, a state legislative office, or within the
11405     judicial branch.
11406          (ii) "Limited purpose entity" includes:
11407          (A) area agencies, area agencies on aging, and area agencies on high risk adults, as
11408     those terms are defined in Section 62A-3-101;
11409          (B) charter schools created under Title 53G, Chapter 5, Charter Schools;
11410          (C) community reinvestment agencies, as that term is defined in Section 17C-1-102;
11411          (D) conservation districts, as that term is defined in Section 17D-3-102;
11412          (E) governmental nonprofit corporations, as that term is defined in Section 11-13a-102;
11413          (F) housing authorities, as that term is defined in Section 35A-8-401;
11414          (G) independent entities and independent state agencies, as those terms are defined in
11415     Section 63E-1-102;
11416          (H) interlocal entities, as that term is defined in Section 11-13-103;
11417          (I) local building authorities, as that term is defined in Section 17D-2-102;
11418          (J) [local] special districts, as that term is defined in Section 17B-1-102;
11419          (K) local health departments, as that term is defined in Section 26A-1-102;
11420          (L) local mental health authorities, as that term is defined in Section 62A-15-102;
11421          (M) nonprofit corporations that receive an amount of money requiring an accounting
11422     report under Section 51-2a-201.5;
11423          (N) school districts under Title 53G, Chapter 3, School District Creation and Change;
11424          (O) special service districts, as that term is defined in Section 17D-1-102; and
11425          (P) substance abuse authorities, as that term is defined in Section 62A-15-102.
11426          (c) "Local government and limited purpose entity registry" or "registry" means the
11427     registry of local government entities and limited purpose entities created under this section.
11428          (d) "Local government entity" means:
11429          (i) a county, as that term is defined in Section 17-50-101; and
11430          (ii) a municipality, as that term is defined in Section 10-1-104.
11431          (e) "Notice of failure to register" means the notice the lieutenant governor sends, in
11432     accordance with Subsection (7)(a), to an entity that does not register.
11433          (f) "Notice of failure to renew" means the notice the lieutenant governor sends to a

11434     registered entity, in accordance with Subsection (7)(b).
11435          (g) "Notice of noncompliance" means the notice the lieutenant governor sends to a
11436     registered entity, in accordance with Subsection (6)(c).
11437          (h) "Notice of non-registration" means the notice the lieutenant governor sends to an
11438     entity and the state auditor, in accordance with Subsection (9).
11439          (i) "Notice of registration or renewal" means the notice the lieutenant governor sends,
11440     in accordance with Subsection (6)(b)(i).
11441          (j) "Registered entity" means an entity with a valid registration as described in
11442     Subsection (8).
11443          (2) The lieutenant governor shall:
11444          (a) create a registry of each local government entity and limited purpose entity within
11445     the state that:
11446          (i) contains the information described in Subsection (4); and
11447          (ii) is accessible on the lieutenant governor's website or otherwise publicly available;
11448     and
11449          (b) establish fees for registration and renewal, in accordance with Section 63J-1-504,
11450     based on and to directly offset the cost of creating, administering, and maintaining the registry.
11451          (3) Each local government entity and limited purpose entity shall:
11452          (a) on or before July 1, 2019, register with the lieutenant governor as described in
11453     Subsection (4);
11454          (b) on or before one year after the day on which the lieutenant governor issues the
11455     notice of registration or renewal, annually renew the entity's registration in accordance with
11456     Subsection (5); and
11457          (c) on or before 30 days after the day on which any of the information described in
11458     Subsection (4) changes, send notice of the changes to the lieutenant governor.
11459          (4) Each entity shall include the following information in the entity's registration
11460     submission:
11461          (a) the resolution or other legal or formal document creating the entity or, if the
11462     resolution or other legal or formal document creating the entity cannot be located, conclusive
11463     proof of the entity's lawful creation;
11464          (b) if the entity has geographic boundaries, a map or plat identifying the current

11465     geographic boundaries of the entity, or if it is impossible or unreasonably expensive to create a
11466     map or plat, a metes and bounds description, or another legal description that identifies the
11467     current boundaries of the entity;
11468          (c) the entity's name;
11469          (d) the entity's type of local government entity or limited purpose entity;
11470          (e) the entity's governmental function;
11471          (f) the entity's website, physical address, and phone number, including the name and
11472     contact information of an individual whom the entity designates as the primary contact for the
11473     entity;
11474          (g) (i) names, email addresses, and phone numbers of the members of the entity's
11475     governing board or commission, managing officers, or other similar managers and the method
11476     by which the members or officers are appointed, elected, or otherwise designated;
11477          (ii) the date of the most recent appointment or election of each entity governing board
11478     or commission member; and
11479          (iii) the date of the anticipated end of each entity governing board or commission
11480     member's term;
11481          (h) the entity's sources of revenue; and
11482          (i) if the entity has created an assessment area, as that term is defined in Section
11483     11-42-102, information regarding the creation, purpose, and boundaries of the assessment area.
11484          (5) Each entity shall include the following information in the entity's renewal
11485     submission:
11486          (a) identify and update any incorrect or outdated information the entity previously
11487     submitted during registration under Subsection (4); or
11488          (b) certify that the information the entity previously submitted during registration under
11489     Subsection (4) is correct without change.
11490          (6) Within 30 days of receiving an entity's registration or renewal submission, the
11491     lieutenant governor shall:
11492          (a) review the submission to determine compliance with Subsection (4) or (5);
11493          (b) if the lieutenant governor determines that the entity's submission complies with
11494     Subsection (4) or (5):
11495          (i) send a notice of registration or renewal that includes the information that the entity

11496     submitted under Subsection (4) or (5) to:
11497          (A) the registering or renewing entity;
11498          (B) each county in which the entity operates, either in whole or in part, or where the
11499     entity's geographic boundaries overlap or are contained within the boundaries of the county;
11500          (C) the Division of Archives and Records Service; and
11501          (D) the Office of the Utah State Auditor; and
11502          (ii) publish the information from the submission on the registry, except any email
11503     address or phone number that is personal information as defined in Section 63G-2-303; and
11504          (c) if the lieutenant governor determines that the entity's submission does not comply
11505     with Subsection (4) or (5) or is otherwise inaccurate or deficient, send a notice of
11506     noncompliance to the registering or renewing entity that:
11507          (i) identifies each deficiency in the entity's submission with the corresponding statutory
11508     requirement;
11509          (ii) establishes a deadline to cure the entity's noncompliance that is the first business
11510     day that is at least 30 calendar days after the day on which the lieutenant governor sends the
11511     notice of noncompliance; and
11512          (iii) states that failure to comply by the deadline the lieutenant governor establishes
11513     under Subsection (6)(c)(ii) will result in the lieutenant governor sending a notice of
11514     non-registration to the Office of the Utah State Auditor, in accordance with Subsection (9).
11515          (7) (a) If the lieutenant governor identifies an entity that does not make a registration
11516     submission in accordance with Subsection (4) by the deadline described in Subsection (3), the
11517     lieutenant governor shall send a notice of failure to register to the registered entity that:
11518          (i) identifies the statutorily required registration deadline described in Subsection (3)
11519     that the entity did not meet;
11520          (ii) establishes a deadline to cure the entity's failure to register that is the first business
11521     day that is at least 10 calendar days after the day on which the lieutenant governor sends the
11522     notice of failure to register; and
11523          (iii) states that failure to comply by the deadline the lieutenant governor establishes
11524     under Subsection (7)(a)(ii) will result in the lieutenant governor sending a notice of
11525     non-registration to the Office of the Utah State Auditor, in accordance with Subsection (9).
11526          (b) If a registered entity does not make a renewal submission in accordance with

11527     Subsection (5) by the deadline described in Subsection (3), the lieutenant governor shall send a
11528     notice of failure to renew to the registered entity that:
11529          (i) identifies the renewal deadline described in Subsection (3) that the entity did not
11530     meet;
11531          (ii) establishes a deadline to cure the entity's failure to renew that is the first business
11532     day that is at least 30 calendar days after the day on which the lieutenant governor sends the
11533     notice of failure to renew; and
11534          (iii) states that failure to comply by the deadline the lieutenant governor establishes
11535     under Subsection (7)(b)(ii) will result in the lieutenant governor sending a notice of
11536     non-registration to the Office of the Utah State Auditor, in accordance with Subsection (9).
11537          (8) An entity's registration is valid:
11538          (a) if the entity makes a registration or renewal submission in accordance with the
11539     deadlines described in Subsection (3);
11540          (b) during the period the lieutenant governor establishes in the notice of
11541     noncompliance or notice of failure to renew during which the entity may cure the identified
11542     registration deficiencies; and
11543          (c) for one year beginning on the day the lieutenant governor issues the notice of
11544     registration or renewal.
11545          (9) (a) The lieutenant governor shall send a notice of non-registration to the Office of
11546     the Utah State Auditor if an entity fails to:
11547          (i) cure the entity's noncompliance by the deadline the lieutenant governor establishes
11548     in the notice of noncompliance;
11549          (ii) register by the deadline the lieutenant governor establishes in the notice of failure
11550     to register; or
11551          (iii) cure the entity's failure to renew by the deadline the lieutenant governor establishes
11552     in the notice of failure to renew.
11553          (b) The lieutenant governor shall ensure that the notice of non-registration:
11554          (i) includes a copy of the notice of noncompliance, the notice of failure to register, or
11555     the notice of failure to renew; and
11556          (ii) requests that the state auditor withhold state allocated funds or the disbursement of
11557     property taxes and prohibit the entity from accessing money held by the state or money held in

11558     an account of a financial institution, in accordance with Subsections 67-3-1(7)(i) and
11559     67-3-1(10).
11560          (10) The lieutenant governor may extend a deadline under this section if an entity
11561     notifies the lieutenant governor, before the deadline to be extended, of the existence of an
11562     extenuating circumstance that is outside the control of the entity.
11563          (11) (a) An entity is not required to renew submission of a registration under this
11564     section if an entity provides a record of dissolution.
11565          (b) The lieutenant governor shall include in the registry an entity's record of dissolution
11566     and indicate on the registry that the entity is dissolved.
11567          Section 141. Section 67-1b-102 is amended to read:
11568          67-1b-102. Definitions.
11569          As used in this chapter:
11570          (1) "Board of canvassers" means the state board of canvassers created in Section
11571     20A-4-306.
11572          (2) (a) "Executive branch" means:
11573          (i) the governor, the governor's staff, and the governor's appointed advisors;
11574          (ii) the lieutenant governor and lieutenant governor's staff;
11575          (iii) cabinet level officials;
11576          (iv) except as provided in Subsection (2)(b), an agency, board, department, division,
11577     committee, commission, council, office, or other administrative subunit of the executive branch
11578     of state government;
11579          (v) except as provided in Subsection (2)(b), a cabinet officer, elected official, executive
11580     director, or board or commission vested with:
11581          (A) policy making and oversight responsibility for a state executive branch agency; or
11582          (B) authority to appoint and remove the director of a state executive branch agency;
11583          (vi) executive ministerial officers;
11584          (vii) each gubernatorial appointee to a state board, committee, commission, council, or
11585     authority;
11586          (viii) each executive branch management position, as defined in Section 67-1-1.5;
11587          (ix) each executive branch policy position, as defined in Section 67-1-1.5; and
11588          (x) the military forces of the state.

11589          (b) "Executive branch" does not include:
11590          (i) the legislative branch;
11591          (ii) the judicial branch;
11592          (iii) the State Board of Education;
11593          (iv) the Utah Board of Higher Education;
11594          (v) institutions of higher education;
11595          (vi) independent entities as defined in Section 63E-1-102;
11596          (vii) elective constitutional offices of the executive department, including the state
11597     auditor, the state treasurer, and the attorney general;
11598          (viii) a county, municipality, school district, [local] special district, or special service
11599     district; or
11600          (ix) an administrative subdivision of a county, municipality, school district, [local]
11601     special district, or special service district.
11602          (3) "Governor-elect" means, during a transition period, an individual whom the board
11603     of canvassers determines to be the successful candidate for governor after a general election for
11604     the office of governor, if that successful candidate is an individual other than the incumbent
11605     governor.
11606          (4) "Governor-elect's staff" means:
11607          (a) an individual that a governor-elect intends to nominate as a department head;
11608          (b) an individual that a governor-elect intends to appoint to a key position in the
11609     executive branch;
11610          (c) an individual hired by a governor-elect under Subsection 67-1b-105(1)(c); and
11611          (d) any other individual expressly engaged by the governor-elect to assist with the
11612     governor-elect's transition into the office of governor.
11613          (5) "Governor's Office of Planning and Budget" means the office created in Section
11614     63J-4-201.
11615          (6) "Incoming gubernatorial administration" means a governor-elect, a governor-elect's
11616     staff, a lieutenant governor-elect, and a lieutenant governor-elect's staff.
11617          (7) "Lieutenant governor-elect" means, during a transition period, an individual whom
11618     the board of canvassers determines to be the successful candidate for lieutenant governor after
11619     a general election for the office of lieutenant governor, if that successful candidate is an

11620     individual other than the incumbent lieutenant governor.
11621          (8) "Lieutenant governor-elect's staff" means:
11622          (a) an individual hired by a lieutenant governor-elect under Subsection
11623     67-1b-105(1)(c); and
11624          (b) any other individual expressly engaged by the lieutenant governor-elect to assist
11625     with the lieutenant governor-elect's transition into the office of lieutenant governor.
11626          (9) "Office of the Legislative Fiscal Analyst" means the office created in Section
11627     36-12-13.
11628          (10) "Record" means the same as that term is defined in Section 63G-2-103.
11629          (11) "Transition period" means the period of time beginning the day after the meeting
11630     of the board of canvassers under Section 20A-4-306 in a year in which the board of canvassers
11631     determines that the successful candidate for governor is an individual other than the incumbent
11632     governor, and ending on the first Monday of the next January.
11633          Section 142. Section 67-3-1 is amended to read:
11634          67-3-1. Functions and duties.
11635          (1) (a) The state auditor is the auditor of public accounts and is independent of any
11636     executive or administrative officers of the state.
11637          (b) The state auditor is not limited in the selection of personnel or in the determination
11638     of the reasonable and necessary expenses of the state auditor's office.
11639          (2) The state auditor shall examine and certify annually in respect to each fiscal year,
11640     financial statements showing:
11641          (a) the condition of the state's finances;
11642          (b) the revenues received or accrued;
11643          (c) expenditures paid or accrued;
11644          (d) the amount of unexpended or unencumbered balances of the appropriations to the
11645     agencies, departments, divisions, commissions, and institutions; and
11646          (e) the cash balances of the funds in the custody of the state treasurer.
11647          (3) (a) The state auditor shall:
11648          (i) audit each permanent fund, each special fund, the General Fund, and the accounts of
11649     any department of state government or any independent agency or public corporation as the law
11650     requires, as the auditor determines is necessary, or upon request of the governor or the

11651     Legislature;
11652          (ii) perform the audits in accordance with generally accepted auditing standards and
11653     other auditing procedures as promulgated by recognized authoritative bodies; and
11654          (iii) as the auditor determines is necessary, conduct the audits to determine:
11655          (A) honesty and integrity in fiscal affairs;
11656          (B) accuracy and reliability of financial statements;
11657          (C) effectiveness and adequacy of financial controls; and
11658          (D) compliance with the law.
11659          (b) If any state entity receives federal funding, the state auditor shall ensure that the
11660     audit is performed in accordance with federal audit requirements.
11661          (c) (i) The costs of the federal compliance portion of the audit may be paid from an
11662     appropriation to the state auditor from the General Fund.
11663          (ii) If an appropriation is not provided, or if the federal government does not
11664     specifically provide for payment of audit costs, the costs of the federal compliance portions of
11665     the audit shall be allocated on the basis of the percentage that each state entity's federal funding
11666     bears to the total federal funds received by the state.
11667          (iii) The allocation shall be adjusted to reflect any reduced audit time required to audit
11668     funds passed through the state to local governments and to reflect any reduction in audit time
11669     obtained through the use of internal auditors working under the direction of the state auditor.
11670          (4) (a) Except as provided in Subsection (4)(b), the state auditor shall, in addition to
11671     financial audits, and as the auditor determines is necessary, conduct performance and special
11672     purpose audits, examinations, and reviews of any entity that receives public funds, including a
11673     determination of any or all of the following:
11674          (i) the honesty and integrity of all the entity's fiscal affairs;
11675          (ii) whether the entity's administrators have faithfully complied with legislative intent;
11676          (iii) whether the entity's operations have been conducted in an efficient, effective, and
11677     cost-efficient manner;
11678          (iv) whether the entity's programs have been effective in accomplishing the intended
11679     objectives; and
11680          (v) whether the entity's management, control, and information systems are adequate,
11681     effective, and secure.

11682          (b) The auditor may not conduct performance and special purpose audits,
11683     examinations, and reviews of any entity that receives public funds if the entity:
11684          (i) has an elected auditor; and
11685          (ii) has, within the entity's last budget year, had the entity's financial statements or
11686     performance formally reviewed by another outside auditor.
11687          (5) The state auditor:
11688          (a) shall administer any oath or affirmation necessary to the performance of the duties
11689     of the auditor's office; and
11690          (b) may:
11691          (i) subpoena witnesses and documents, whether electronic or otherwise; and
11692          (ii) examine into any matter that the auditor considers necessary.
11693          (6) The state auditor may require all persons who have had the disposition or
11694     management of any property of this state or its political subdivisions to submit statements
11695     regarding the property at the time and in the form that the auditor requires.
11696          (7) The state auditor shall:
11697          (a) except where otherwise provided by law, institute suits in Salt Lake County in
11698     relation to the assessment, collection, and payment of revenues against:
11699          (i) persons who by any means have become entrusted with public money or property
11700     and have failed to pay over or deliver the money or property; and
11701          (ii) all debtors of the state;
11702          (b) collect and pay into the state treasury all fees received by the state auditor;
11703          (c) perform the duties of a member of all boards of which the state auditor is a member
11704     by the constitution or laws of the state, and any other duties that are prescribed by the
11705     constitution and by law;
11706          (d) stop the payment of the salary of any state official or state employee who:
11707          (i) refuses to settle accounts or provide required statements about the custody and
11708     disposition of public funds or other state property;
11709          (ii) refuses, neglects, or ignores the instruction of the state auditor or any controlling
11710     board or department head with respect to the manner of keeping prescribed accounts or funds;
11711     or
11712          (iii) fails to correct any delinquencies, improper procedures, and errors brought to the

11713     official's or employee's attention;
11714          (e) establish accounting systems, methods, and forms for public accounts in all taxing
11715     or fee-assessing units of the state in the interest of uniformity, efficiency, and economy;
11716          (f) superintend the contractual auditing of all state accounts;
11717          (g) subject to Subsection (8)(a), withhold state allocated funds or the disbursement of
11718     property taxes from a state or local taxing or fee-assessing unit, if necessary, to ensure that
11719     officials and employees in those taxing units comply with state laws and procedures in the
11720     budgeting, expenditures, and financial reporting of public funds;
11721          (h) subject to Subsection (9), withhold the disbursement of tax money from any county,
11722     if necessary, to ensure that officials and employees in the county comply with Section
11723     59-2-303.1; and
11724          (i) withhold state allocated funds or the disbursement of property taxes from a local
11725     government entity or a limited purpose entity, as those terms are defined in Section 67-1a-15 if
11726     the state auditor finds the withholding necessary to ensure that the entity registers and
11727     maintains the entity's registration with the lieutenant governor, in accordance with Section
11728     67-1a-15.
11729          (8) (a) Except as otherwise provided by law, the state auditor may not withhold funds
11730     under Subsection (7)(g) until a state or local taxing or fee-assessing unit has received formal
11731     written notice of noncompliance from the auditor and has been given 60 days to make the
11732     specified corrections.
11733          (b) If, after receiving notice under Subsection (8)(a), a state or independent local
11734     fee-assessing unit that exclusively assesses fees has not made corrections to comply with state
11735     laws and procedures in the budgeting, expenditures, and financial reporting of public funds, the
11736     state auditor:
11737          (i) shall provide a recommended timeline for corrective actions;
11738          (ii) may prohibit the state or local fee-assessing unit from accessing money held by the
11739     state; and
11740          (iii) may prohibit a state or local fee-assessing unit from accessing money held in an
11741     account of a financial institution by filing an action in district court requesting an order of the
11742     court to prohibit a financial institution from providing the fee-assessing unit access to an
11743     account.

11744          (c) The state auditor shall remove a limitation on accessing funds under Subsection
11745     (8)(b) upon compliance with state laws and procedures in the budgeting, expenditures, and
11746     financial reporting of public funds.
11747          (d) If a local taxing or fee-assessing unit has not adopted a budget in compliance with
11748     state law, the state auditor:
11749          (i) shall provide notice to the taxing or fee-assessing unit of the unit's failure to
11750     comply;
11751          (ii) may prohibit the taxing or fee-assessing unit from accessing money held by the
11752     state; and
11753          (iii) may prohibit a taxing or fee-assessing unit from accessing money held in an
11754     account of a financial institution by:
11755          (A) contacting the taxing or fee-assessing unit's financial institution and requesting that
11756     the institution prohibit access to the account; or
11757          (B) filing an action in district court requesting an order of the court to prohibit a
11758     financial institution from providing the taxing or fee-assessing unit access to an account.
11759          (e) If the local taxing or fee-assessing unit adopts a budget in compliance with state
11760     law, the state auditor shall eliminate a limitation on accessing funds described in Subsection
11761     (8)(d).
11762          (9) The state auditor may not withhold funds under Subsection (7)(h) until a county has
11763     received formal written notice of noncompliance from the auditor and has been given 60 days
11764     to make the specified corrections.
11765          (10) (a) The state auditor may not withhold funds under Subsection (7)(i) until the state
11766     auditor receives a notice of non-registration, as that term is defined in Section 67-1a-15.
11767          (b) If the state auditor receives a notice of non-registration, the state auditor may
11768     prohibit the local government entity or limited purpose entity, as those terms are defined in
11769     Section 67-1a-15, from accessing:
11770          (i) money held by the state; and
11771          (ii) money held in an account of a financial institution by:
11772          (A) contacting the entity's financial institution and requesting that the institution
11773     prohibit access to the account; or
11774          (B) filing an action in district court requesting an order of the court to prohibit a

11775     financial institution from providing the entity access to an account.
11776          (c) The state auditor shall remove the prohibition on accessing funds described in
11777     Subsection (10)(b) if the state auditor received a notice of registration, as that term is defined in
11778     Section 67-1a-15, from the lieutenant governor.
11779          (11) Notwithstanding Subsection (7)(g), (7)(h), (7)(i), (8)(b), (8)(d), or (10)(b), the
11780     state auditor:
11781          (a) shall authorize a disbursement by a local government entity or limited purpose
11782     entity, as those terms are defined in Section 67-1a-15, or a state or local taxing or fee-assessing
11783     unit if the disbursement is necessary to:
11784          (i) avoid a major disruption in the operations of the local government entity, limited
11785     purpose entity, or state or local taxing or fee-assessing unit; or
11786          (ii) meet debt service obligations; and
11787          (b) may authorize a disbursement by a local government entity, limited purpose entity,
11788     or state or local taxing or fee-assessing unit as the state auditor determines is appropriate.
11789          (12) (a) The state auditor may seek relief under the Utah Rules of Civil Procedure to
11790     take temporary custody of public funds if an action is necessary to protect public funds from
11791     being improperly diverted from their intended public purpose.
11792          (b) If the state auditor seeks relief under Subsection (12)(a):
11793          (i) the state auditor is not required to exhaust the procedures in Subsection (7) or (8);
11794     and
11795          (ii) the state treasurer may hold the public funds in accordance with Section 67-4-1 if a
11796     court orders the public funds to be protected from improper diversion from their public
11797     purpose.
11798          (13) The state auditor shall:
11799          (a) establish audit guidelines and procedures for audits of local mental health and
11800     substance abuse authorities and their contract providers, conducted pursuant to Title 17,
11801     Chapter 43, Part 2, Local Substance Abuse Authorities, Title 17, Chapter 43, Part 3, Local
11802     Mental Health Authorities, Title 51, Chapter 2a, Accounting Reports from Political
11803     Subdivisions, Interlocal Organizations, and Other Local Entities Act, and Title 62A, Chapter
11804     15, Substance Abuse and Mental Health Act; and
11805          (b) ensure that those guidelines and procedures provide assurances to the state that:

11806          (i) state and federal funds appropriated to local mental health authorities are used for
11807     mental health purposes;
11808          (ii) a private provider under an annual or otherwise ongoing contract to provide
11809     comprehensive mental health programs or services for a local mental health authority is in
11810     compliance with state and local contract requirements, and state and federal law;
11811          (iii) state and federal funds appropriated to local substance abuse authorities are used
11812     for substance abuse programs and services; and
11813          (iv) a private provider under an annual or otherwise ongoing contract to provide
11814     comprehensive substance abuse programs or services for a local substance abuse authority is in
11815     compliance with state and local contract requirements, and state and federal law.
11816          (14) (a) The state auditor may, in accordance with the auditor's responsibilities for
11817     political subdivisions of the state as provided in Title 51, Chapter 2a, Accounting Reports from
11818     Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, initiate audits or
11819     investigations of any political subdivision that are necessary to determine honesty and integrity
11820     in fiscal affairs, accuracy and reliability of financial statements, effectiveness, and adequacy of
11821     financial controls and compliance with the law.
11822          (b) If the state auditor receives notice under Subsection 11-41-104(7) from the
11823     Governor's Office of Economic Opportunity on or after July 1, 2024, the state auditor may
11824     initiate an audit or investigation of the public entity subject to the notice to determine
11825     compliance with Section 11-41-103.
11826          (15) (a) The state auditor may not audit work that the state auditor performed before
11827     becoming state auditor.
11828          (b) If the state auditor has previously been a responsible official in state government
11829     whose work has not yet been audited, the Legislature shall:
11830          (i) designate how that work shall be audited; and
11831          (ii) provide additional funding for those audits, if necessary.
11832          (16) The state auditor shall:
11833          (a) with the assistance, advice, and recommendations of an advisory committee
11834     appointed by the state auditor from among [local] special district boards of trustees, officers,
11835     and employees and special service district boards, officers, and employees:
11836          (i) prepare a Uniform Accounting Manual for [Local] Special Districts that:

11837          (A) prescribes a uniform system of accounting and uniform budgeting and reporting
11838     procedures for [local] special districts under [Title 17B, Limited Purpose Local Government
11839     Entities - Local Districts] Title 17B, Limited Purpose Local Government Entities - Special
11840     Districts, and special service districts under Title 17D, Chapter 1, Special Service District Act;
11841          (B) conforms with generally accepted accounting principles; and
11842          (C) prescribes reasonable exceptions and modifications for smaller districts to the
11843     uniform system of accounting, budgeting, and reporting;
11844          (ii) maintain the manual under this Subsection (16)(a) so that the manual continues to
11845     reflect generally accepted accounting principles;
11846          (iii) conduct a continuing review and modification of procedures in order to improve
11847     them;
11848          (iv) prepare and supply each district with suitable budget and reporting forms; and
11849          (v) (A) prepare instructional materials, conduct training programs, and render other
11850     services considered necessary to assist [local] special districts and special service districts in
11851     implementing the uniform accounting, budgeting, and reporting procedures; and
11852          (B) ensure that any training described in Subsection (16)(a)(v)(A) complies with Title
11853     63G, Chapter 22, State Training and Certification Requirements; and
11854          (b) continually analyze and evaluate the accounting, budgeting, and reporting practices
11855     and experiences of specific [local] special districts and special service districts selected by the
11856     state auditor and make the information available to all districts.
11857          (17) (a) The following records in the custody or control of the state auditor are
11858     protected records under Title 63G, Chapter 2, Government Records Access and Management
11859     Act:
11860          (i) records that would disclose information relating to allegations of personal
11861     misconduct, gross mismanagement, or illegal activity of a past or present governmental
11862     employee if the information or allegation cannot be corroborated by the state auditor through
11863     other documents or evidence, and the records relating to the allegation are not relied upon by
11864     the state auditor in preparing a final audit report;
11865          (ii) records and audit workpapers to the extent the workpapers would disclose the
11866     identity of an individual who during the course of an audit, communicated the existence of any
11867     waste of public funds, property, or manpower, or a violation or suspected violation of a law,

11868     rule, or regulation adopted under the laws of this state, a political subdivision of the state, or
11869     any recognized entity of the United States, if the information was disclosed on the condition
11870     that the identity of the individual be protected;
11871          (iii) before an audit is completed and the final audit report is released, records or drafts
11872     circulated to an individual who is not an employee or head of a governmental entity for the
11873     individual's response or information;
11874          (iv) records that would disclose an outline or part of any audit survey plans or audit
11875     program; and
11876          (v) requests for audits, if disclosure would risk circumvention of an audit.
11877          (b) The provisions of Subsections (17)(a)(i), (ii), and (iii) do not prohibit the disclosure
11878     of records or information that relate to a violation of the law by a governmental entity or
11879     employee to a government prosecutor or peace officer.
11880          (c) The provisions of this Subsection (17) do not limit the authority otherwise given to
11881     the state auditor to classify a document as public, private, controlled, or protected under Title
11882     63G, Chapter 2, Government Records Access and Management Act.
11883          (d) (i) As used in this Subsection (17)(d), "record dispute" means a dispute between the
11884     state auditor and the subject of an audit performed by the state auditor as to whether the state
11885     auditor may release a record, as defined in Section 63G-2-103, to the public that the state
11886     auditor gained access to in the course of the state auditor's audit but which the subject of the
11887     audit claims is not subject to disclosure under Title 63G, Chapter 2, Government Records
11888     Access and Management Act.
11889          (ii) The state auditor may submit a record dispute to the State Records Committee,
11890     created in Section 63G-2-501, for a determination of whether the state auditor may, in
11891     conjunction with the state auditor's release of an audit report, release to the public the record
11892     that is the subject of the record dispute.
11893          (iii) The state auditor or the subject of the audit may seek judicial review of a State
11894     Records Committee determination under Subsection (17)(d)(ii), as provided in Section
11895     63G-2-404.
11896          (18) If the state auditor conducts an audit of an entity that the state auditor has
11897     previously audited and finds that the entity has not implemented a recommendation made by
11898     the state auditor in a previous audit, the state auditor shall notify the Legislative Management

11899     Committee through the Legislative Management Committee's audit subcommittee that the
11900     entity has not implemented that recommendation.
11901          (19) The state auditor shall, with the advice and consent of the Senate, appoint the state
11902     privacy officer described in Section 67-3-13.
11903          (20) The state auditor shall report, or ensure that another government entity reports, on
11904     the financial, operational, and performance metrics for the state system of higher education and
11905     the state system of public education, including metrics in relation to students, programs, and
11906     schools within those systems.
11907          Section 143. Section 67-3-12 is amended to read:
11908          67-3-12. Utah Public Finance Website -- Establishment and administration --
11909     Records disclosure -- Exceptions.
11910          (1) As used in this section:
11911          (a) (i) Subject to Subsections (1)(a)(ii) and (iii), "independent entity" means the same
11912     as that term is defined in Section 63E-1-102.
11913          (ii) "Independent entity" includes an entity that is part of an independent entity
11914     described in Subsection (1)(a)(i), if the entity is considered a component unit of the
11915     independent entity under the governmental accounting standards issued by the Governmental
11916     Accounting Standards Board.
11917          (iii) "Independent entity" does not include the Utah State Retirement Office created in
11918     Section 49-11-201.
11919          (b) "Local education agency" means a school district or charter school.
11920          (c) "Participating local entity" means:
11921          (i) a county;
11922          (ii) a municipality;
11923          (iii) a [local] special district under [Title 17B, Limited Purpose Local Government
11924     Entities - Local Districts] Title 17B, Limited Purpose Local Government Entities - Special
11925     Districts;
11926          (iv) a special service district under Title 17D, Chapter 1, Special Service District Act;
11927          (v) a housing authority under Title 35A, Chapter 8, Part 4, Housing Authorities;
11928          (vi) a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit District
11929     Act;

11930          (vii) except for a taxed interlocal entity as defined in Section 11-13-602:
11931          (A) an interlocal entity as defined in Section 11-13-103;
11932          (B) a joint or cooperative undertaking as defined in Section 11-13-103; or
11933          (C) any project, program, or undertaking entered into by interlocal agreement in
11934     accordance with Title 11, Chapter 13, Interlocal Cooperation Act;
11935          (viii) except for a taxed interlocal entity as defined in Section 11-13-602, an entity that
11936     is part of an entity described in Subsections (1)(c)(i) through (vii), if the entity is considered a
11937     component unit of the entity described in Subsections (1)(c)(i) through (vii) under the
11938     governmental accounting standards issued by the Governmental Accounting Standards Board;
11939     or
11940          (ix) a conservation district under Title 17D, Chapter 3, Conservation District Act.
11941          (d) (i) "Participating state entity" means the state of Utah, including its executive,
11942     legislative, and judicial branches, its departments, divisions, agencies, boards, commissions,
11943     councils, committees, and institutions.
11944          (ii) "Participating state entity" includes an entity that is part of an entity described in
11945     Subsection (1)(d)(i), if the entity is considered a component unit of the entity described in
11946     Subsection (1)(d)(i) under the governmental accounting standards issued by the Governmental
11947     Accounting Standards Board.
11948          (e) "Public finance website" or "website" means the website established by the state
11949     auditor in accordance with this section.
11950          (f) "Public financial information" means each record that is required under this section
11951     or by rule made by the Office of the State Auditor under Subsection (9) to be made available on
11952     the public finance website, a participating local entity's website, or an independent entity's
11953     website.
11954          (g) "Qualifying entity" means:
11955          (i) an independent entity;
11956          (ii) a participating local entity;
11957          (iii) a participating state entity;
11958          (iv) a local education agency;
11959          (v) a state institution of higher education as defined in Section 53B-3-102;
11960          (vi) the Utah Educational Savings Plan created in Section 53B-8a-103;

11961          (vii) the Utah Housing Corporation created in Section 63H-8-201;
11962          (viii) the School and Institutional Trust Lands Administration created in Section
11963     53C-1-201;
11964          (ix) the Utah Capital Investment Corporation created in Section 63N-6-301; or
11965          (x) a URS-participating employer.
11966          (h) (i) "URS-participating employer" means an entity that:
11967          (A) is a participating employer, as that term is defined in Section 49-11-102; and
11968          (B) is not required to report public financial information under this section as a
11969     qualifying entity described in Subsections (1)(g)(i) through (ix).
11970          (ii) "URS-participating employer" does not include:
11971          (A) the Utah State Retirement Office created in Section 49-11-201;
11972          (B) an insurer that is subject to the disclosure requirements of Section 31A-4-113; or
11973          (C) a withdrawing entity.
11974          (i) (i) "Withdrawing entity" means:
11975          (A) an entity that elects to withdraw from participation in a system or plan under Title
11976     49, Chapter 11, Part 6, Procedures and Records;
11977          (B) until the date determined under Subsection 49-11-626(2)(a), a public employees'
11978     association that provides the notice of intent described in Subsection 49-11-626(2)(b); and
11979          (C) beginning on the date determined under Subsection 49-11-626(2)(a), a public
11980     employees' association that makes an election described in Subsection 49-11-626(3).
11981          (ii) "Withdrawing entity" includes a withdrawing entity, as that term is defined in
11982     Sections 49-11-623 and 49-11-624.
11983          (2) The state auditor shall establish and maintain a public finance website in
11984     accordance with this section.
11985          (3) The website shall:
11986          (a) permit Utah taxpayers to:
11987          (i) view, understand, and track the use of taxpayer dollars by making public financial
11988     information available on the Internet for participating state entities, independent entities,
11989     participating local entities, and URS-participating employers, using the website; and
11990          (ii) link to websites administered by participating local entities, independent entities, or
11991     URS-participating employers that do not use the website for the purpose of providing public

11992     financial information as required by this section and by rule made under Subsection (9);
11993          (b) allow a person that has Internet access to use the website without paying a fee;
11994          (c) allow the public to search public financial information on the website;
11995          (d) provide access to financial reports, financial audits, budgets, or other financial
11996     documents that are used to allocate, appropriate, spend, and account for government funds, as
11997     may be established by rule made in accordance with Subsection (9);
11998          (e) have a unique and simplified website address;
11999          (f) be guided by the principles described in Subsection 63A-16-202(2);
12000          (g) include other links, features, or functionality that will assist the public in obtaining
12001     and reviewing public financial information, as may be established by rule made under
12002     Subsection (9); and
12003          (h) include a link to school report cards published on the State Board of Education's
12004     website under Section 53E-5-211.
12005          (4) The state auditor shall:
12006          (a) establish and maintain the website, including the provision of equipment, resources,
12007     and personnel as necessary;
12008          (b) maintain an archive of all information posted to the website;
12009          (c) coordinate and process the receipt and posting of public financial information from
12010     participating state entities; and
12011          (d) coordinate and regulate the posting of public financial information by participating
12012     local entities and independent entities.
12013          (5) A qualifying entity shall permit the public to view the qualifying entity's public
12014     financial information by posting the public financial information to the public finance website
12015     in accordance with rules made under Subsection (9).
12016          (6) The content of the public financial information posted to the public finance website
12017     is the responsibility of the qualifying entity posting the public financial information.
12018          (7) A URS-participating employer shall provide employee compensation information
12019     for each fiscal year ending on or after June 30, 2022:
12020          (a) to the state auditor for posting on the Utah Public Finance Website; or
12021          (b) (i) through the URS-participating employer's own website; and
12022          (ii) via a link to the website described in Subsection (7)(b)(i), submitted to the state

12023     auditor for posting on the Utah Public Finance Website.
12024          (8) (a) A qualifying entity may not post financial information that is classified as
12025     private, controlled, or protected under Title 63G, Chapter 2, Government Records Access and
12026     Management Act, to the public finance website.
12027          (b) An individual who negligently discloses financial information that is classified as
12028     private, protected, or controlled by Title 63G, Chapter 2, Government Records Access and
12029     Management Act, is not criminally or civilly liable for an improper disclosure of the financial
12030     information if the financial information is disclosed solely as a result of the preparation or
12031     publication of the website.
12032          (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
12033     Office of the State Auditor:
12034          (a) shall make rules to:
12035          (i) establish which records a qualifying entity is required to post to the public finance
12036     website; and
12037          (ii) establish procedures for obtaining, submitting, reporting, storing, and posting
12038     public financial information on the public finance website; and
12039          (b) may make rules governing when a qualifying entity is required to disclose an
12040     expenditure made by a person under contract with the qualifying entity, including the form and
12041     content of the disclosure.
12042          (10) The rules made under Subsection (9) shall only require a URS-participating
12043     employer to provide employee compensation information for each fiscal year ending on or after
12044     June 30, 2022:
12045          (a) to the state auditor for posting on the public finance website; or
12046          (b) (i) through the URS-participating employer's own website; and
12047          (ii) via a link to the website described in Subsection (10)(b)(i), submitted to the state
12048     auditor for posting on the public finance website.
12049          Section 144. Section 67-3-13 is amended to read:
12050          67-3-13. State privacy officer.
12051          (1) As used in this section:
12052          (a) "Designated government entity" means a government entity that is not a state
12053     agency.

12054          (b) "Independent entity" means the same as that term is defined in Section 63E-1-102.
12055          (c) (i) "Government entity" means the state, a county, a municipality, a higher
12056     education institution, a [local] special district, a special service district, a school district, an
12057     independent entity, or any other political subdivision of the state or an administrative subunit of
12058     any political subdivision, including a law enforcement entity.
12059          (ii) "Government entity" includes an agent of an entity described in Subsection
12060     (1)(c)(i).
12061          (d) (i) "Personal data" means any information relating to an identified or identifiable
12062     individual.
12063          (ii) "Personal data" includes personally identifying information.
12064          (e) (i) "Privacy practice" means the acquisition, use, storage, or disposal of personal
12065     data.
12066          (ii) "Privacy practice" includes:
12067          (A) a technology use related to personal data; and
12068          (B) policies related to the protection, storage, sharing, and retention of personal data.
12069          (f) (i) "State agency" means the following entities that are under the direct supervision
12070     and control of the governor or the lieutenant governor:
12071          (A) a department;
12072          (B) a commission;
12073          (C) a board;
12074          (D) a council;
12075          (E) an institution;
12076          (F) an officer;
12077          (G) a corporation;
12078          (H) a fund;
12079          (I) a division;
12080          (J) an office;
12081          (K) a committee;
12082          (L) an authority;
12083          (M) a laboratory;
12084          (N) a library;

12085          (O) a bureau;
12086          (P) a panel;
12087          (Q) another administrative unit of the state; or
12088          (R) an agent of an entity described in Subsections (A) through (Q).
12089          (ii) "State agency" does not include:
12090          (A) the legislative branch;
12091          (B) the judicial branch;
12092          (C) an executive branch agency within the Office of the Attorney General, the state
12093     auditor, the state treasurer, or the State Board of Education; or
12094          (D) an independent entity.
12095          (2) The state privacy officer shall:
12096          (a) when completing the duties of this Subsection (2), focus on the privacy practices of
12097     designated government entities;
12098          (b) compile information about government privacy practices of designated government
12099     entities;
12100          (c) make public and maintain information about government privacy practices on the
12101     state auditor's website;
12102          (d) provide designated government entities with educational and training materials
12103     developed by the Personal Privacy Oversight Commission established in Section 63C-24-201
12104     that include the information described in Subsection 63C-24-202(1)(b);
12105          (e) implement a process to analyze and respond to requests from individuals for the
12106     state privacy officer to review a designated government entity's privacy practice;
12107          (f) identify annually which designated government entities' privacy practices pose the
12108     greatest risk to individual privacy and prioritize those privacy practices for review;
12109          (g) review each year, in as timely a manner as possible, the privacy practices that the
12110     privacy officer identifies under Subsection (2)(e) or (2)(f) as posing the greatest risk to
12111     individuals' privacy;
12112          (h) when reviewing a designated government entity's privacy practice under Subsection
12113     (2)(g), analyze:
12114          (i) details about the technology or the policy and the technology's or the policy's
12115     application;

12116          (ii) information about the type of data being used;
12117          (iii) information about how the data is obtained, stored, shared, secured, and disposed;
12118          (iv) information about with which persons the designated government entity shares the
12119     information;
12120          (v) information about whether an individual can or should be able to opt out of the
12121     retention and sharing of the individual's data;
12122          (vi) information about how the designated government entity de-identifies or
12123     anonymizes data;
12124          (vii) a determination about the existence of alternative technology or improved
12125     practices to protect privacy; and
12126          (viii) a finding of whether the designated government entity's current privacy practice
12127     adequately protects individual privacy; and
12128          (i) after completing a review described in Subsections (2)(g) and (h), determine:
12129          (i) each designated government entity's use of personal data, including the designated
12130     government entity's practices regarding data:
12131          (A) acquisition;
12132          (B) storage;
12133          (C) disposal;
12134          (D) protection; and
12135          (E) sharing;
12136          (ii) the adequacy of the designated government entity's practices in each of the areas
12137     described in Subsection (2)(i)(i); and
12138          (iii) for each of the areas described in Subsection (2)(i)(i) that the state privacy officer
12139     determines to require reform, provide recommendations for reform to the designated
12140     government entity and the legislative body charged with regulating the designated government
12141     entity.
12142          (3) (a) The legislative body charged with regulating a designated government entity
12143     that receives a recommendation described in Subsection (2)(i)(iii) shall hold a public hearing
12144     on the proposed reforms:
12145          (i) with a quorum of the legislative body present; and
12146          (ii) within 90 days after the day on which the legislative body receives the

12147     recommendation.
12148          (b) (i) The legislative body shall provide notice of the hearing described in Subsection
12149     (3)(a).
12150          (ii) Notice of the public hearing and the recommendations to be discussed shall be
12151     posted on:
12152          (A) the Utah Public Notice Website created in Section 63A-16-601 for 30 days before
12153     the day on which the legislative body will hold the public hearing; and
12154          (B) the website of the designated government entity that received a recommendation, if
12155     the designated government entity has a website, for 30 days before the day on which the
12156     legislative body will hold the public hearing.
12157          (iii) Each notice required under Subsection (3)(b)(i) shall:
12158          (A) identify the recommendations to be discussed; and
12159          (B) state the date, time, and location of the public hearing.
12160          (c) During the hearing described in Subsection (3)(a), the legislative body shall:
12161          (i) provide the public the opportunity to ask questions and obtain further information
12162     about the recommendations; and
12163          (ii) provide any interested person an opportunity to address the legislative body with
12164     concerns about the recommendations.
12165          (d) At the conclusion of the hearing, the legislative body shall determine whether the
12166     legislative body shall adopt reforms to address the recommendations and any concerns raised
12167     during the public hearing.
12168          (4) (a) Except as provided in Subsection (4)(b), if the government operations privacy
12169     officer described in Section 67-1-17 is not conducting reviews of the privacy practices of state
12170     agencies, the state privacy officer may review the privacy practices of a state agency in
12171     accordance with the processes described in this section.
12172          (b) Subsection (3) does not apply to a state agency.
12173          (5) The state privacy officer shall:
12174          (a) quarterly report, to the Personal Privacy Oversight Commission:
12175          (i) recommendations for privacy practices for the commission to review; and
12176          (ii) the information provided in Subsection (2)(i); and
12177          (b) annually, on or before October 1, report to the Judiciary Interim Committee:

12178          (i) the results of any reviews described in Subsection (2)(g), if any reviews have been
12179     completed;
12180          (ii) reforms, to the extent that the state privacy officer is aware of any reforms, that the
12181     designated government entity made in response to any reviews described in Subsection (2)(g);
12182          (iii) the information described in Subsection (2)(i); and
12183          (iv) recommendations for legislation based on any results of a review described in
12184     Subsection (2)(g).
12185          Section 145. Section 67-11-2 is amended to read:
12186          67-11-2. Definitions.
12187          For the purposes of this chapter:
12188          (1) "Employee" includes an elective or appointive officer or employee of a state or
12189     political subdivision thereof.
12190          (2) "Employment" means any service performed by an employee in the employ of the
12191     state, or any political subdivision thereof, for such employer, except:
12192          (a) service which in the absence of an agreement entered into under this chapter would
12193     constitute "employment" as defined in the Social Security Act;
12194          (b) service which under the Social Security Act may not be included in an agreement
12195     between the state and federal security administrator entered into under this chapter;
12196          (c) services of an emergency nature, service in any class or classes of positions the
12197     compensation for which is on a fee basis:
12198          (i) performed by employees of the state; or
12199          (ii) if so provided in the plan submitted under Section 67-11-5, by a political
12200     subdivision of the state, by an employee of such subdivision;
12201          (d) services performed by students employed by a public school, college, or university
12202     at which they are enrolled and which they are attending on a full-time basis;
12203          (e) part-time services performed by election workers, i.e., judges of election and
12204     registrars; or
12205          (f) services performed by voluntary firemen, except when such services are
12206     prescheduled for a specific period of duty.
12207          (3) "Federal Insurance Contributions Act" means Chapter 21 of the Internal Revenue
12208     Code as such Code may be amended.

12209          (4) "Federal security administrator" includes any individual to whom the federal
12210     security administrator has delegated any of his functions under the Social Security Act with
12211     respect to coverage under such act of employees of states and their political subdivisions.
12212          (5) "Political subdivision" includes:
12213          (a) an instrumentality of the state, of one or more of its political subdivisions, or of the
12214     state and one or more of its political subdivisions, including leagues or associations [thereof,
12215     but only if such] of the instrumentality, if:
12216          (i) the instrumentality is a juristic entity [which] that is legally separate and distinct
12217     from the state or subdivision; and [only if its]
12218          (ii) the instrumentality's employees are not [by virtue of their relation to such juristic
12219     entity], due to their relation to the instrumentality, employees of the state or subdivision[. The
12220     term shall include local]; and
12221          (b) special districts, special service districts, or authorities created by the Legislature or
12222     local governments [such as, but not limited to,], including mosquito abatement districts, sewer
12223     or water districts, and libraries.
12224          (6) "Sick pay" means payments made to employees on account of sickness or accident
12225     disability under a sick leave plan of the type outlined in 42 U.S.C. Secs. 409(a)(2) and (3) of
12226     the Social Security Act.
12227          (7) "Social Security Act" means the Act of Congress approved August 14, 1935,
12228     Chapter 531, 49 Stat. 620, officially cited as the "Social Security Act," (including regulations
12229     and requirements issued pursuant thereto), as such act has been and may from time to time be
12230     amended.
12231          (8) "State agency" means the Division of Finance, referred to herein as the state
12232     agency.
12233          (9) "Wages" means all remuneration for employment as defined herein, including the
12234     cash value of all remuneration paid in any medium other than cash, except that such term shall
12235     not include "sick pay" as that term is defined in this section and shall not include that part of
12236     such remuneration which, even if it were for "employment" within the meaning of the Federal
12237     Insurance Contributions Act, would not constitute "wages" within the meaning of that act.
12238          Section 146. Section 67-21-2 is amended to read:
12239          67-21-2. Definitions.

12240          As used in this chapter:
12241          (1) "Abuse of authority" means an arbitrary or capricious exercise of power that:
12242          (a) adversely affects the employment rights of another; or
12243          (b) results in personal gain to the person exercising the authority or to another person.
12244          (2) "Communicate" means a verbal, written, broadcast, or other communicated report.
12245          (3) "Damages" means general and special damages for injury or loss caused by each
12246     violation of this chapter.
12247          (4) "Employee" means a person who performs a service for wages or other
12248     remuneration under a contract of hire, written or oral, express or implied.
12249          (5) (a) "Employer" means the public body or public entity that employs the employee.
12250          (b) "Employer" includes an agent of an employer.
12251          (6) "Good faith" means that an employee acts with:
12252          (a) subjective good faith; and
12253          (b) the objective good faith of a reasonable employee.
12254          (7) "Gross mismanagement" means action or failure to act by a person, with respect to
12255     a person's responsibility, that causes significant harm or risk of harm to the mission of the
12256     public entity or public body that employs, or is managed or controlled by, the person.
12257          (8) "Judicial employee" means an employee of the judicial branch of state government.
12258          (9) "Legislative employee" means an employee of the legislative branch of state
12259     government.
12260          (10) "Political subdivision employee" means an employee of a political subdivision of
12261     the state.
12262          (11) "Public body" means any of the following:
12263          (a) a state officer, employee, agency, department, division, bureau, board, commission,
12264     council, authority, educational institution, or any other body in the executive branch of state
12265     government;
12266          (b) an agency, board, commission, council, institution member, or employee of the
12267     legislative branch of state government;
12268          (c) a county, city, town, regional governing body, council, school district, [local]
12269     special district, special service district, or municipal corporation, board, department,
12270     commission, council, agency, or any member or employee of them;

12271          (d) any other body that is created by state or local authority, or that is primarily funded
12272     by or through state or local authority, or any member or employee of that body;
12273          (e) a law enforcement agency or any member or employee of a law enforcement
12274     agency; and
12275          (f) the judiciary and any member or employee of the judiciary.
12276          (12) "Public entity" means a department, division, board, council, committee,
12277     institution, office, bureau, or other similar administrative unit of the executive branch of state
12278     government.
12279          (13) "Public entity employee" means an employee of a public entity.
12280          (14) "Retaliatory action" means the same as that term is defined in Section 67-19a-101.
12281          (15) "State institution of higher education" means the same as that term is defined in
12282     Section 53B-3-102.
12283          (16) "Unethical conduct" means conduct that violates a provision of Title 67, Chapter
12284     16, Utah Public Officers' and Employees' Ethics Act.
12285          Section 147. Section 71-8-1 is amended to read:
12286          71-8-1. Definitions -- Veterans Affairs.
12287          As used in this title:
12288          (1) "Contractor" means a person who is or may be awarded a government entity
12289     contract.
12290          (2) "Council" means the Veterans Advisory Council.
12291          (3) "Department" means the Department of Veterans and Military Affairs.
12292          (4) "Executive director" means the executive director of the Department of Veterans
12293     and Military Affairs.
12294          (5) "Government entity" means the state and any county, municipality, [local] special
12295     district, special service district, and any other political subdivision or administrative unit of the
12296     state, including state institutions of education.
12297          (6) "Specialist" means a full-time employee of a government entity who is tasked with
12298     responding to, and assisting, veterans who are employed by the entity or come to the entity for
12299     assistance.
12300          (7) "Veteran" has the same meaning as defined in Section 68-3-12.5.
12301          Section 148. Section 71-10-1 is amended to read:

12302          71-10-1. Definitions.
12303          As used in this chapter:
12304          (1) "Active duty" means active military duty and does not include active duty for
12305     training, initial active duty for training, or inactive duty for training.
12306          (2) "Government entity" means the state, any county, municipality, [local] special
12307     district, special service district, or any other political subdivision or administrative unit of the
12308     state, including state institutions of education.
12309          (3) "Preference eligible" means:
12310          (a) any individual who has served on active duty in the armed forces for more than 180
12311     consecutive days, or was a member of a reserve component who served in a campaign or
12312     expedition for which a campaign medal has been authorized and who has been separated under
12313     honorable conditions;
12314          (b) a veteran with a disability, regardless of the percentage of disability;
12315          (c) the spouse or unmarried widow or widower of a veteran;
12316          (d) a purple heart recipient; or
12317          (e) a retired member of the armed forces.
12318          (4) "Veteran" means the same as that term is defined in Section 68-3-12.5.
12319          (5) "Veteran with a disability" means an individual who has:
12320          (a) been separated or retired from the armed forces under honorable conditions; and
12321          (b) established the existence of a service-connected disability or is receiving
12322     compensation, disability retirement benefits, or pension because of a public statute
12323     administered by the federal Department of Veterans Affairs or a military department.
12324          Section 149. Section 72-2-201 is amended to read:
12325          72-2-201. Definitions.
12326          As used in this part:
12327          (1) "Fund" means the State Infrastructure Bank Fund created under Section 72-2-202.
12328          (2) "Infrastructure assistance" means any use of fund money, except an infrastructure
12329     loan, to provide financial assistance for transportation projects or publicly owned infrastructure
12330     projects, including:
12331          (a) capital reserves and other security for bond or debt instrument financing; or
12332          (b) any letters of credit, lines of credit, bond insurance, or loan guarantees obtained by

12333     a public entity to finance transportation projects.
12334          (3) "Infrastructure loan" means a loan of fund money to finance a transportation project
12335     or publicly owned infrastructure project.
12336          (4) "Public entity" means a state agency, county, municipality, [local] special district,
12337     special service district, an intergovernmental entity organized under state law, or the military
12338     installation development authority created in Section 63H-1-201.
12339          (5) "Publicly owned infrastructure project" means a project to improve sewer or water
12340     infrastructure that is owned by a public entity.
12341          (6) "Transportation project":
12342          (a) means a project:
12343          (i) to improve a state or local highway;
12344          (ii) to improve a public transportation facility or nonmotorized transportation facility;
12345          (iii) to construct or improve parking facilities;
12346          (iv) that is subject to a transportation reinvestment zone agreement pursuant to Section
12347     11-13-227 if the state is party to the agreement; or
12348          (v) that is part of a housing and transit reinvestment zone created pursuant to Title
12349     63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act;
12350          (b) includes the costs of acquisition, construction, reconstruction, rehabilitation,
12351     equipping, and fixturing; and
12352          (c) may only include a project if the project is part of:
12353          (i) the statewide long range plan;
12354          (ii) a regional transportation plan of the area metropolitan planning organization if a
12355     metropolitan planning organization exists for the area; or
12356          (iii) a local government general plan or economic development initiative.
12357          Section 150. Section 72-14-304 is amended to read:
12358          72-14-304. Unlawful operation of unmanned aircraft near prison facilities --
12359     Penalties.
12360          (1) An individual may not operate an unmanned aircraft system:
12361          (a) to carry or drop any item to or inside the property of a correctional facility; or
12362          (b) in a manner that interferes with the operations or security of a correctional facility.
12363          (2) (a) A violation of Subsection (1)(a) is a third degree felony.

12364          (b) A violation of Subsection (1)(b) is a class B misdemeanor.
12365          (3) An operator of an unmanned aircraft system does not violate Subsection (1) if the
12366     operator is:
12367          (a) an employee or contractor working on behalf of a mosquito abatement district
12368     created pursuant to [Title 17B, Limited Purpose Local Government Entities - Local Districts]
12369     Title 17B, Limited Purpose Local Government Entities - Special Districts, or Title 17D,
12370     Limited Purpose Local Government Entities - Other Entities; and
12371          (b) acting in the course and scope of the operator's employment.
12372          Section 151. Section 73-2-1 (Superseded 05/03/23) is amended to read:
12373          73-2-1 (Superseded 05/03/23). State engineer -- Term -- Powers and duties --
12374     Qualification for duties.
12375          (1) There shall be a state engineer.
12376          (2) The state engineer shall:
12377          (a) be appointed by the governor with the advice and consent of the Senate;
12378          (b) hold office for the term of four years and until a successor is appointed; and
12379          (c) have five years experience as a practical engineer or the theoretical knowledge,
12380     practical experience, and skill necessary for the position.
12381          (3) (a) The state engineer shall be responsible for the general administrative
12382     supervision of the waters of the state and the measurement, appropriation, apportionment, and
12383     distribution of those waters.
12384          (b) The state engineer may secure the equitable apportionment and distribution of the
12385     water according to the respective rights of appropriators.
12386          (4) The state engineer shall make rules, in accordance with Title 63G, Chapter 3, Utah
12387     Administrative Rulemaking Act, consistent with the purposes and provisions of this title,
12388     regarding:
12389          (a) reports of water right conveyances;
12390          (b) the construction of water wells and the licensing of water well drillers;
12391          (c) dam construction and safety;
12392          (d) the alteration of natural streams;
12393          (e) geothermal resource conservation;
12394          (f) enforcement orders and the imposition of fines and penalties;

12395          (g) the duty of water; and
12396          (h) standards for written plans of a public water supplier that may be presented as
12397     evidence of reasonable future water requirements under Subsection 73-1-4(2)(f).
12398          (5) The state engineer may make rules, in accordance with Title 63G, Chapter 3, Utah
12399     Administrative Rulemaking Act, consistent with the purposes and provisions of this title,
12400     governing:
12401          (a) water distribution systems and water commissioners;
12402          (b) water measurement and reporting;
12403          (c) groundwater recharge and recovery;
12404          (d) wastewater reuse;
12405          (e) the form, content, and processing procedure for a claim under Section 73-5-13 to
12406     surface or underground water that is not represented by a certificate of appropriation;
12407          (f) the form and content of a proof submitted to the state engineer under Section
12408     73-3-16;
12409          (g) the determination of water rights; or
12410          (h) the form and content of applications and related documents, maps, and reports.
12411          (6) The state engineer may bring suit in courts of competent jurisdiction to:
12412          (a) enjoin the unlawful appropriation, diversion, and use of surface and underground
12413     water without first seeking redress through the administrative process;
12414          (b) prevent theft, waste, loss, or pollution of surface and underground waters;
12415          (c) enable the state engineer to carry out the duties of the state engineer's office; and
12416          (d) enforce administrative orders and collect fines and penalties.
12417          (7) The state engineer may:
12418          (a) upon request from the board of trustees of an irrigation district under Title 17B,
12419     Chapter 2a, Part 5, Irrigation District Act, or another [local] special district under [Title 17B,
12420     Limited Purpose Local Government Entities - Local Districts] Title 17B, Limited Purpose
12421     Local Government Entities - Special Districts, or a special service district under Title 17D,
12422     Chapter 1, Special Service District Act, that operates an irrigation water system, cause a water
12423     survey to be made of the lands proposed to be annexed to the district in order to determine and
12424     allot the maximum amount of water that could be beneficially used on the land, with a separate
12425     survey and allotment being made for each 40-acre or smaller tract in separate ownership; and

12426          (b) upon completion of the survey and allotment under Subsection (7)(a), file with the
12427     district board a return of the survey and report of the allotment.
12428          (8) (a) The state engineer may establish water distribution systems and define the water
12429     distribution systems' boundaries.
12430          (b) The water distribution systems shall be formed in a manner that:
12431          (i) secures the best protection to the water claimants; and
12432          (ii) is the most economical for the state to supervise.
12433          (9) The state engineer may conduct studies of current and novel uses of water in the
12434     state.
12435          (10) Notwithstanding Subsection (4)(b), the state engineer may not on the basis of the
12436     depth of a water production well exempt the water production well from regulation under this
12437     title or rules made under this title related to the:
12438          (a) drilling, constructing, deepening, repairing, renovating, cleaning, developing,
12439     testing, disinfecting, or abandonment of a water production well; or
12440          (b) installation or repair of a pump for a water production well.
12441          Section 152. Section 73-2-1 (Effective 05/03/23) is amended to read:
12442          73-2-1 (Effective 05/03/23). State engineer -- Term -- Powers and duties --
12443     Qualification for duties.
12444          (1) There shall be a state engineer.
12445          (2) The state engineer shall:
12446          (a) be appointed by the governor with the advice and consent of the Senate;
12447          (b) hold office for the term of four years and until a successor is appointed; and
12448          (c) have five years experience as a practical engineer or the theoretical knowledge,
12449     practical experience, and skill necessary for the position.
12450          (3) (a) The state engineer shall be responsible for the general administrative
12451     supervision of the waters of the state and the measurement, appropriation, apportionment, and
12452     distribution of those waters.
12453          (b) The state engineer may secure the equitable apportionment and distribution of the
12454     water according to the respective rights of appropriators.
12455          (4) The state engineer shall make rules, in accordance with Title 63G, Chapter 3, Utah
12456     Administrative Rulemaking Act, consistent with the purposes and provisions of this title,

12457     regarding:
12458          (a) reports of water right conveyances;
12459          (b) the construction of water wells and the licensing of water well drillers;
12460          (c) dam construction and safety;
12461          (d) the alteration of natural streams;
12462          (e) geothermal resource conservation;
12463          (f) enforcement orders and the imposition of fines and penalties;
12464          (g) the duty of water; and
12465          (h) standards for written plans of a public water supplier that may be presented as
12466     evidence of reasonable future water requirements under Subsection 73-1-4(2)(f).
12467          (5) The state engineer may make rules, in accordance with Title 63G, Chapter 3, Utah
12468     Administrative Rulemaking Act, consistent with the purposes and provisions of this title,
12469     governing:
12470          (a) water distribution systems and water commissioners;
12471          (b) water measurement and reporting;
12472          (c) groundwater recharge and recovery;
12473          (d) wastewater reuse;
12474          (e) the form, content, and processing procedure for a claim under Section 73-5-13 to
12475     surface or underground water that is not represented by a certificate of appropriation;
12476          (f) the form and content of a proof submitted to the state engineer under Section
12477     73-3-16;
12478          (g) the determination of water rights;
12479          (h) preferences of water rights under Section 73-3-21.5; or
12480          (i) the form and content of applications and related documents, maps, and reports.
12481          (6) The state engineer may bring suit in courts of competent jurisdiction to:
12482          (a) enjoin the unlawful appropriation, diversion, and use of surface and underground
12483     water without first seeking redress through the administrative process;
12484          (b) prevent theft, waste, loss, or pollution of surface and underground waters;
12485          (c) enable the state engineer to carry out the duties of the state engineer's office; and
12486          (d) enforce administrative orders and collect fines and penalties.
12487          (7) The state engineer may:

12488          (a) upon request from the board of trustees of an irrigation district under Title 17B,
12489     Chapter 2a, Part 5, Irrigation District Act, or another [local] special district under [Title 17B,
12490     Limited Purpose Local Government Entities - Local Districts] Title 17B, Limited Purpose
12491     Local Government Entities - Special Districts, or a special service district under Title 17D,
12492     Chapter 1, Special Service District Act, that operates an irrigation water system, cause a water
12493     survey to be made of the lands proposed to be annexed to the district in order to determine and
12494     allot the maximum amount of water that could be beneficially used on the land, with a separate
12495     survey and allotment being made for each 40-acre or smaller tract in separate ownership; and
12496          (b) upon completion of the survey and allotment under Subsection (7)(a), file with the
12497     district board a return of the survey and report of the allotment.
12498          (8) (a) The state engineer may establish water distribution systems and define the water
12499     distribution systems' boundaries.
12500          (b) The water distribution systems shall be formed in a manner that:
12501          (i) secures the best protection to the water claimants; and
12502          (ii) is the most economical for the state to supervise.
12503          (9) The state engineer may conduct studies of current and novel uses of water in the
12504     state.
12505          (10) Notwithstanding Subsection (4)(b), the state engineer may not on the basis of the
12506     depth of a water production well exempt the water production well from regulation under this
12507     title or rules made under this title related to the:
12508          (a) drilling, constructing, deepening, repairing, renovating, cleaning, developing,
12509     testing, disinfecting, or abandonment of a water production well; or
12510          (b) installation or repair of a pump for a water production well.
12511          Section 153. Section 73-5-15 is amended to read:
12512          73-5-15. Groundwater management plan.
12513          (1) As used in this section:
12514          (a) "Critical management area" means a groundwater basin in which the groundwater
12515     withdrawals consistently exceed the safe yield.
12516          (b) "Safe yield" means the amount of groundwater that can be withdrawn from a
12517     groundwater basin over a period of time without exceeding the long-term recharge of the basin
12518     or unreasonably affecting the basin's physical and chemical integrity.

12519          (2) (a) The state engineer may regulate groundwater withdrawals within a specific
12520     groundwater basin by adopting a groundwater management plan in accordance with this section
12521     for any groundwater basin or aquifer or combination of hydrologically connected groundwater
12522     basins or aquifers.
12523          (b) The objectives of a groundwater management plan are to:
12524          (i) limit groundwater withdrawals to safe yield;
12525          (ii) protect the physical integrity of the aquifer; and
12526          (iii) protect water quality.
12527          (c) The state engineer shall adopt a groundwater management plan for a groundwater
12528     basin if more than one-third of the water right owners in the groundwater basin request that the
12529     state engineer adopt a groundwater management plan.
12530          (3) (a) In developing a groundwater management plan, the state engineer may consider:
12531          (i) the hydrology of the groundwater basin;
12532          (ii) the physical characteristics of the groundwater basin;
12533          (iii) the relationship between surface water and groundwater, including whether the
12534     groundwater should be managed in conjunction with hydrologically connected surface waters;
12535          (iv) the conjunctive management of water rights to facilitate and coordinate the lease,
12536     purchase, or voluntary use of water rights subject to the groundwater management plan;
12537          (v) the geographic spacing and location of groundwater withdrawals;
12538          (vi) water quality;
12539          (vii) local well interference; and
12540          (viii) other relevant factors.
12541          (b) The state engineer shall base the provisions of a groundwater management plan on
12542     the principles of prior appropriation.
12543          (c) (i) The state engineer shall use the best available scientific method to determine
12544     safe yield.
12545          (ii) As hydrologic conditions change or additional information becomes available, safe
12546     yield determinations made by the state engineer may be revised by following the procedures
12547     listed in Subsection (5).
12548          (4) (a) (i) Except as provided in Subsection (4)(b), the withdrawal of water from a
12549     groundwater basin shall be limited to the basin's safe yield.

12550          (ii) Before limiting withdrawals in a groundwater basin to safe yield, the state engineer
12551     shall:
12552          (A) determine the groundwater basin's safe yield; and
12553          (B) adopt a groundwater management plan for the groundwater basin.
12554          (iii) If the state engineer determines that groundwater withdrawals in a groundwater
12555     basin exceed the safe yield, the state engineer shall regulate groundwater rights in that
12556     groundwater basin based on the priority date of the water rights under the groundwater
12557     management plan, unless a voluntary arrangement exists under Subsection (4)(c) that requires a
12558     different distribution.
12559          (iv) A groundwater management plan shall include a list of each groundwater right in
12560     the proposed groundwater management area known to the state engineer identifying the water
12561     right holder, the land to which the groundwater right is appurtenant, and any identification
12562     number the state engineer uses in the administration of water rights.
12563          (b) When adopting a groundwater management plan for a critical management area, the
12564     state engineer shall, based on economic and other impacts to an individual water user or a local
12565     community caused by the implementation of safe yield limits on withdrawals, allow gradual
12566     implementation of the groundwater management plan.
12567          (c) (i) In consultation with the state engineer, water users in a groundwater basin may
12568     agree to participate in a voluntary arrangement for managing withdrawals at any time, either
12569     before or after a determination that groundwater withdrawals exceed the groundwater basin's
12570     safe yield.
12571          (ii) A voluntary arrangement under Subsection (4)(c)(i) shall be consistent with other
12572     law.
12573          (iii) The adoption of a voluntary arrangement under this Subsection (4)(c) by less than
12574     all of the water users in a groundwater basin does not affect the rights of water users who do
12575     not agree to the voluntary arrangement.
12576          (5) To adopt a groundwater management plan, the state engineer shall:
12577          (a) give notice as specified in Subsection (7) at least 30 days before the first public
12578     meeting held in accordance with Subsection (5)(b):
12579          (i) that the state engineer proposes to adopt a groundwater management plan;
12580          (ii) describing generally the land area proposed to be included in the groundwater

12581     management plan; and
12582          (iii) stating the location, date, and time of each public meeting to be held in accordance
12583     with Subsection (5)(b);
12584          (b) hold one or more public meetings in the geographic area proposed to be included
12585     within the groundwater management plan to:
12586          (i) address the need for a groundwater management plan;
12587          (ii) present any data, studies, or reports that the state engineer intends to consider in
12588     preparing the groundwater management plan;
12589          (iii) address safe yield and any other subject that may be included in the groundwater
12590     management plan;
12591          (iv) outline the estimated administrative costs, if any, that groundwater users are likely
12592     to incur if the plan is adopted; and
12593          (v) receive any public comments and other information presented at the public
12594     meeting, including comments from any of the entities listed in Subsection (7)(a)(iii);
12595          (c) receive and consider written comments concerning the proposed groundwater
12596     management plan from any person for a period determined by the state engineer of not less
12597     than 60 days after the day on which the notice required by Subsection (5)(a) is given;
12598          (d) (i) at least 60 days prior to final adoption of the groundwater management plan,
12599     publish notice:
12600          (A) that a draft of the groundwater management plan has been proposed; and
12601          (B) specifying where a copy of the draft plan may be reviewed; and
12602          (ii) promptly provide a copy of the draft plan in printed or electronic form to each of
12603     the entities listed in Subsection (7)(a)(iii) that makes written request for a copy; and
12604          (e) provide notice of the adoption of the groundwater management plan.
12605          (6) A groundwater management plan shall become effective on the date notice of
12606     adoption is completed under Subsection (7), or on a later date if specified in the plan.
12607          (7) (a) A notice required by this section shall be:
12608          (i) published:
12609          (A) once a week for two successive weeks in a newspaper of general circulation in
12610     each county that encompasses a portion of the land area proposed to be included within the
12611     groundwater management plan; and

12612          (B) in accordance with Section 45-1-101 for two weeks;
12613          (ii) published conspicuously on the state engineer's website; and
12614          (iii) mailed to each of the following that has within its boundaries a portion of the land
12615     area to be included within the proposed groundwater management plan:
12616          (A) county;
12617          (B) incorporated city or town;
12618          (C) a [local] special district created to acquire or assess a groundwater right under
12619     [Title 17B, Chapter 1, Provisions Applicable to All Local Districts] Title 17B, Chapter 1,
12620     Provisions Applicable to All Special Districts;
12621          (D) improvement district under Title 17B, Chapter 2a, Part 4, Improvement District
12622     Act;
12623          (E) service area, under Title 17B, Chapter 2a, Part 9, Service Area Act;
12624          (F) drainage district, under Title 17B, Chapter 2a, Part 2, Drainage District Act;
12625          (G) irrigation district, under Title 17B, Chapter 2a, Part 5, Irrigation District Act;
12626          (H) metropolitan water district, under Title 17B, Chapter 2a, Part 6, Metropolitan
12627     Water District Act;
12628          (I) special service district providing water, sewer, drainage, or flood control services,
12629     under Title 17D, Chapter 1, Special Service District Act;
12630          (J) water conservancy district, under Title 17B, Chapter 2a, Part 10, Water
12631     Conservancy District Act; and
12632          (K) conservation district, under Title 17D, Chapter 3, Conservation District Act.
12633          (b) A notice required by this section is effective upon substantial compliance with
12634     Subsections (7)(a)(i) through (iii).
12635          (8) A groundwater management plan may be amended in the same manner as a
12636     groundwater management plan may be adopted under this section.
12637          (9) The existence of a groundwater management plan does not preclude any otherwise
12638     eligible person from filing any application or challenging any decision made by the state
12639     engineer within the affected groundwater basin.
12640          (10) (a) A person aggrieved by a groundwater management plan may challenge any
12641     aspect of the groundwater management plan by filing a complaint within 60 days after the
12642     adoption of the groundwater management plan in the district court for any county in which the

12643     groundwater basin is found.
12644          (b) Notwithstanding Subsection (9), a person may challenge the components of a
12645     groundwater management plan only in the manner provided by Subsection (10)(a).
12646          (c) An action brought under this Subsection (10) is reviewed de novo by the district
12647     court.
12648          (d) A person challenging a groundwater management plan under this Subsection (10)
12649     shall join the state engineer as a defendant in the action challenging the groundwater
12650     management plan.
12651          (e) (i) Within 30 days after the day on which a person files an action challenging any
12652     aspect of a groundwater management plan under Subsection (10)(a), the person filing the action
12653     shall publish notice of the action:
12654          (A) in a newspaper of general circulation in the county in which the district court is
12655     located; and
12656          (B) in accordance with Section 45-1-101 for two weeks.
12657          (ii) The notice required by Subsection (10)(e)(i)(A) shall be published once a week for
12658     two consecutive weeks.
12659          (iii) The notice required by Subsection (10)(e)(i) shall:
12660          (A) identify the groundwater management plan the person is challenging;
12661          (B) identify the case number assigned by the district court;
12662          (C) state that a person affected by the groundwater management plan may petition the
12663     district court to intervene in the action challenging the groundwater management plan; and
12664          (D) list the address for the clerk of the district court in which the action is filed.
12665          (iv) (A) Any person affected by the groundwater management plan may petition to
12666     intervene in the action within 60 days after the day on which notice is last published under
12667     Subsections (10)(e)(i) and (ii).
12668          (B) The district court's treatment of a petition to intervene under this Subsection
12669     (10)(e)(iv) is governed by the Utah Rules of Civil Procedure.
12670          (v) A district court in which an action is brought under Subsection (10)(a) shall
12671     consolidate all actions brought under that subsection and include in the consolidated action any
12672     person whose petition to intervene is granted.
12673          (11) A groundwater management plan adopted or amended in accordance with this

12674     section is exempt from the requirements in Title 63G, Chapter 3, Utah Administrative
12675     Rulemaking Act.
12676          (12) (a) Recharge and recovery projects permitted under Chapter 3b, Groundwater
12677     Recharge and Recovery Act, are exempted from this section.
12678          (b) In a critical management area, the artificial recharge of a groundwater basin that
12679     uses surface water naturally tributary to the groundwater basin by a [local] special district
12680     created under Subsection 17B-1-202(1)(a)(xiii), in accordance with Chapter 3b, Groundwater
12681     Recharge and Recovery Act, constitutes a beneficial use of the water under Section 73-1-3 if:
12682          (i) the recharge is done during the time the area is designated as a critical management
12683     area;
12684          (ii) the recharge is done with a valid recharge permit;
12685          (iii) the recharged water is not recovered under a recovery permit; and
12686          (iv) the recharged water is used to replenish the groundwater basin.
12687          (13) Nothing in this section may be interpreted to require the development,
12688     implementation, or consideration of a groundwater management plan as a prerequisite or
12689     condition to the exercise of the state engineer's enforcement powers under other law, including
12690     powers granted under Section 73-2-25.
12691          (14) A groundwater management plan adopted in accordance with this section may not
12692     apply to the dewatering of a mine.
12693          (15) (a) A groundwater management plan adopted by the state engineer before May 1,
12694     2006, remains in force and has the same legal effect as it had on the day on which it was
12695     adopted by the state engineer.
12696          (b) If a groundwater management plan that existed before May 1, 2006, is amended on
12697     or after May 1, 2006, the amendment is subject to this section's provisions.
12698          Section 154. Section 73-10-21 is amended to read:
12699          73-10-21. Loans for water systems -- Eligible projects.
12700          This chapter shall apply to all eligible projects of incorporated cities and towns, [local]
12701     special districts under [Title 17B, Limited Purpose Local Government Entities - Local
12702     Districts] Title 17B, Limited Purpose Local Government Entities - Special Districts,
12703     assessment areas under Title 11, Chapter 42, Assessment Area Act, and special service districts
12704     under Title 17D, Chapter 1, Special Service District Act. Eligible projects are those for the

12705     acquisition, improvement, or construction of water systems used for the production, supply,
12706     transmission, storage, distribution, or treatment of water for cities, towns, metropolitan water
12707     districts, water conservancy districts, improvement districts, special improvement districts, or
12708     special service districts, or the improvement or extension of such systems.
12709          Section 155. Section 76-1-101.5 is amended to read:
12710          76-1-101.5. Definitions.
12711          Unless otherwise provided, as used in this title:
12712          (1) "Act" means a voluntary bodily movement and includes speech.
12713          (2) "Actor" means a person whose criminal responsibility is in issue in a criminal
12714     action.
12715          (3) "Affinity" means a relationship by marriage.
12716          (4) "Bodily injury" means physical pain, illness, or any impairment of physical
12717     condition.
12718          (5) "Conduct" means an act or omission.
12719          (6) "Consanguinity" means a relationship by blood to the first or second degree,
12720     including an individual's parent, grandparent, sibling, child, aunt, uncle, niece, or nephew.
12721          (7) "Dangerous weapon" means:
12722          (a) any item capable of causing death or serious bodily injury; or
12723          (b) a facsimile or representation of the item, if:
12724          (i) the actor's use or apparent intended use of the item leads the victim to reasonably
12725     believe the item is likely to cause death or serious bodily injury; or
12726          (ii) the actor represents to the victim verbally or in any other manner that the actor is in
12727     control of such an item.
12728          (8) "Grievous sexual offense" means:
12729          (a) rape, Section 76-5-402;
12730          (b) rape of a child, Section 76-5-402.1;
12731          (c) object rape, Section 76-5-402.2;
12732          (d) object rape of a child, Section 76-5-402.3;
12733          (e) forcible sodomy, Subsection 76-5-403(2);
12734          (f) sodomy on a child, Section 76-5-403.1;
12735          (g) aggravated sexual abuse of a child, Section 76-5-404.3;

12736          (h) aggravated sexual assault, Section 76-5-405;
12737          (i) any felony attempt to commit an offense described in Subsections (8)(a) through
12738     (h); or
12739          (j) an offense in another state, territory, or district of the United States that, if
12740     committed in Utah, would constitute an offense described in Subsections (8)(a) through (i).
12741          (9) "Offense" means a violation of any penal statute of this state.
12742          (10) "Omission" means a failure to act when there is a legal duty to act and the actor is
12743     capable of acting.
12744          (11) "Person" means an individual, public or private corporation, government,
12745     partnership, or unincorporated association.
12746          (12) "Possess" means to have physical possession of or to exercise dominion or control
12747     over tangible property.
12748          (13) "Public entity" means:
12749          (a) the state, or an agency, bureau, office, department, division, board, commission,
12750     institution, laboratory, or other instrumentality of the state;
12751          (b) a political subdivision of the state, including a county, municipality, interlocal
12752     entity, [local] special district, special service district, school district, or school board;
12753          (c) an agency, bureau, office, department, division, board, commission, institution,
12754     laboratory, or other instrumentality of a political subdivision of the state; or
12755          (d) another entity that:
12756          (i) performs a public function; and
12757          (ii) is authorized to hold, spend, transfer, disburse, use, or receive public money.
12758          (14) (a) "Public money" or "public funds" means money, funds, or accounts, regardless
12759     of the source from which they are derived, that:
12760          (i) are owned, held, or administered by an entity described in Subsections (13)(a)
12761     through (c); or
12762          (ii) are in the possession of an entity described in Subsection (13)(d)(i) for the purpose
12763     of performing a public function.
12764          (b) "Public money" or "public funds" includes money, funds, or accounts described in
12765     Subsection (14)(a) after the money, funds, or accounts are transferred by a public entity to an
12766     independent contractor of the public entity.

12767          (c) "Public money" or "public funds" remains public money or public funds while in
12768     the possession of an independent contractor of a public entity for the purpose of providing a
12769     program or service for, or on behalf of, the public entity.
12770          (15) "Public officer" means:
12771          (a) an elected official of a public entity;
12772          (b) an individual appointed to, or serving an unexpired term of, an elected official of a
12773     public entity;
12774          (c) a judge of a court of record or not of record, including justice court judges; or
12775          (d) a member of the Board of Pardons and Parole.
12776          (16) (a) "Public servant" means:
12777          (i) a public officer;
12778          (ii) an appointed official, employee, consultant, or independent contractor of a public
12779     entity; or
12780          (iii) a person hired or paid by a public entity to perform a government function.
12781          (b) Public servant includes a person described in Subsection (16)(a) upon the person's
12782     election, appointment, contracting, or other selection, regardless of whether the person has
12783     begun to officially occupy the position of a public servant.
12784          (17) "Serious bodily injury" means bodily injury that creates or causes serious
12785     permanent disfigurement, protracted loss or impairment of the function of any bodily member
12786     or organ, or creates a substantial risk of death.
12787          (18) "Substantial bodily injury" means bodily injury, not amounting to serious bodily
12788     injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary
12789     loss or impairment of the function of any bodily member or organ.
12790          (19) "Writing" or "written" includes any handwriting, typewriting, printing, electronic
12791     storage or transmission, or any other method of recording information or fixing information in
12792     a form capable of being preserved.
12793          Section 156. Section 77-23d-102 is amended to read:
12794          77-23d-102. Definitions.
12795          As used in this chapter:
12796          (1) "Government entity" means the state, a county, a municipality, a higher education
12797     institution, a [local] special district, a special service district, or any other political subdivision

12798     of the state or an administrative subunit of any political subdivision, including a law
12799     enforcement entity or any other investigative entity, agency, department, division, bureau,
12800     board, or commission, or an individual acting or purporting to act for or on behalf of a state or
12801     local agency.
12802          (2) "Imaging surveillance device" means a device that uses radar, sonar, infrared, or
12803     other remote sensing or detection technology used by the individual operating the device to
12804     obtain information, not otherwise directly observable, about individuals, items, or activities
12805     within a closed structure.
12806          (3) "Target" means a person or a structure upon which a government entity
12807     intentionally collects or attempts to collect information using an imaging surveillance device.
12808          Section 157. Section 77-38-601 is amended to read:
12809          77-38-601. Definitions.
12810          As used in this part:
12811          (1) "Abuse" means any of the following:
12812          (a) "abuse" as that term is defined in Section 76-5-111 or 80-1-102; or
12813          (b) "child abuse" as that term is defined in Section 76-5-109.
12814          (2) "Actual address" means the residential street address of the program participant that
12815     is stated in a program participant's application for enrollment or on a notice of a change of
12816     address under Section 77-38-610.
12817          (3) "Assailant" means an individual who commits or threatens to commit abuse, human
12818     trafficking, domestic violence, stalking, or a sexual offense against an applicant for the
12819     program or a minor or incapacitated individual residing with an applicant for the program.
12820          (4) "Assigned address" means an address designated by the commission and assigned
12821     to a program participant.
12822          (5) "Authorization card" means a card issued by the commission that identifies a
12823     program participant as enrolled in the program with the program participant's assigned address
12824     and the date on which the program participant will no longer be enrolled in the program.
12825          (6) "Commission" means the State Commission on Criminal and Juvenile Justice
12826     created in Section 63M-7-201.
12827          (7) "Domestic violence" means the same as that term is defined in Section 77-36-1.
12828          (8) "Human trafficking" means a human trafficking offense under Section 76-5-308.

12829          (9) "Incapacitated individual" means an individual who is incapacitated, as defined in
12830     Section 75-1-201.
12831          (10) (a) "Mail" means first class letters or flats delivered by the United States Postal
12832     Service, including priority, express, and certified mail.
12833          (b) "Mail" does not include a package, parcel, periodical, or catalogue, unless the
12834     package, parcel, periodical, or catalogue is clearly identifiable as:
12835          (i) being sent by a federal, state, or local agency or another government entity; or
12836          (ii) a pharmaceutical or medical item.
12837          (11) "Minor" means an individual who is younger than 18 years old.
12838          (12) "Notification form" means a form issued by the commission that a program
12839     participant may send to a person demonstrating that the program participant is enrolled in the
12840     program.
12841          (13) "Program" means the Address Confidentiality Program created in Section
12842     77-38-602.
12843          (14) "Program assistant" means an individual designated by the commission under
12844     Section 77-38-604 to assist an applicant or program participant.
12845          (15) "Program participant" means an individual who is enrolled under Section
12846     77-38-606 by the commission to participate in the program.
12847          (16) "Record" means the same as that term is defined in Section 63G-2-103.
12848          (17) "Sexual offense" means:
12849          (a) a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses; or
12850          (b) a sexual exploitation offense under Title 76, Chapter 5b, Part 2, Sexual
12851     Exploitation.
12852          (18) "Stalking" means the same as that term is defined in Section 76-5-106.5.
12853          (19) "State or local government entity" means a county, municipality, higher education
12854     institution, [local] special district, special service district, or any other political subdivision of
12855     the state or an administrative subunit of the executive, legislative, or judicial branch of this
12856     state, including:
12857          (a) a law enforcement entity or any other investigative entity, agency, department,
12858     division, bureau, board, or commission; or
12859          (b) an individual acting or purporting to act for or on behalf of a state or local entity,

12860     including an elected or appointed public official.
12861          (20) "Victim" means a victim of abuse, domestic violence, human trafficking, stalking,
12862     or sexual assault.
12863          Section 158. Section 78B-2-216 is amended to read:
12864          78B-2-216. Adverse possession of certain real property.
12865          (1) As used in this section:
12866          (a) "Government entity" means a town, city, county, metropolitan water district, or
12867     [local] special district.
12868          (b) "Water facility" means any improvement or structure used, or intended to be used,
12869     to divert, convey, store, measure, or treat water.
12870          (2) Except as provided in Subsection (3), a person may not acquire by adverse
12871     possession, prescriptive use, or acquiescence any right in or title to any real property:
12872          (a) held by a government entity; and
12873          (b) designated for any present or future public use, including:
12874          (i) a street;
12875          (ii) a lane;
12876          (iii) an avenue;
12877          (iv) an alley;
12878          (v) a park;
12879          (vi) a public square;
12880          (vii) a water facility; or
12881          (viii) a water conveyance right-of-way or water conveyance corridor.
12882          (3) Notwithstanding Subsection (2) and subject to Subsection (4), a person may acquire
12883     title if:
12884          (a) a government entity sold, disposed of, or conveyed the right in, or title to, the real
12885     property to a purchaser for valuable consideration; and
12886          (b) the purchaser or the purchaser's grantees or successors in interest have been in
12887     exclusive, continuous, and adverse possession of the real property for at least seven
12888     consecutive years after the day on which the real property was sold, disposed of, or conveyed
12889     as described in Subsection (3)(a).
12890          (4) A person who acquires title under Subsection (3) is subject to all other applicable

12891     provisions of law.
12892          Section 159. Section 78B-4-509 is amended to read:
12893          78B-4-509. Inherent risks of certain recreational activities -- Claim barred
12894     against county or municipality -- No effect on duty or liability of person participating in
12895     recreational activity or other person.
12896          (1) As used in this section:
12897          (a) "Inherent risks" means any danger, condition, and potential for personal injury or
12898     property damage that is an integral and natural part of participating in a recreational activity.
12899          (b) "Municipality" means the same as that term is defined in Section 10-1-104.
12900          (c) "Person" means:
12901          (i) an individual, regardless of age, maturity, ability, capability, or experience; and
12902          (ii) a corporation, partnership, limited liability company, or any other form of business
12903     enterprise.
12904          (d) "Recreational activity" includes a rodeo, an equestrian activity, skateboarding,
12905     skydiving, para gliding, hang gliding, roller skating, ice skating, fishing, hiking, walking,
12906     running, jogging, bike riding, scooter riding, or in-line skating on property:
12907          (i) owned, leased, or rented by, or otherwise made available to:
12908          (A) with respect to a claim against a county, the county; and
12909          (B) with respect to a claim against a municipality, the municipality; and
12910          (ii) intended for the specific use in question.
12911          (2) Notwithstanding Sections 78B-5-817 through 78B-5-823, no person may make a
12912     claim against or recover from any of the following entities for personal injury or property
12913     damage resulting from any of the inherent risks of participating in a recreational activity:
12914          (a) a county, municipality, [local] special district under [Title 17B, Limited Purpose
12915     Local Government Entities - Local Districts] Title 17B, Limited Purpose Local Government
12916     Entities - Special Districts, or special service district under Title 17D, Chapter 1, Special
12917     Service District Act; or
12918          (b) the owner of property that is leased, rented, or otherwise made available to a
12919     county, municipality, [local] special district, or special service district for the purpose of
12920     providing or operating a recreational activity.
12921          (3) (a) Nothing in this section may be construed to relieve a person participating in a

12922     recreational activity from an obligation that the person would have in the absence of this
12923     section to exercise due care or from the legal consequences of a failure to exercise due care.
12924          (b) Nothing in this section may be construed to relieve any other person from an
12925     obligation that the person would have in the absence of this section to exercise due care or
12926     from the legal consequences of a failure to exercise due care.
12927          Section 160. Section 78B-6-2301 is amended to read:
12928          78B-6-2301. Definitions.
12929          As used in this part:
12930          (1) "Directive" means an ordinance, regulation, measure, rule, enactment, order, or
12931     policy issued, enacted, or required by a local or state governmental entity.
12932          (2) "Firearm" means the same as that term is defined in Section 53-5a-102.
12933          (3) "Legislative firearm preemption" means the preemption provided for in Sections
12934     53-5a-102 and 76-10-500.
12935          (4) "Local or state governmental entity" means:
12936          (a) a department, commission, board, council, agency, institution, officer, corporation,
12937     fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other
12938     administrative unit of the state, including the Utah Board of Higher Education, each institution
12939     of higher education, and the boards of trustees of each higher education institution; or
12940          (b) a county, city, town, metro township, [local] special district, local education
12941     agency, public school, school district, charter school, special service district under Title 17D,
12942     Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement
12943     under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity
12944     designated in statute as a political subdivision of the state.
12945          Section 161. Effective date.
12946          If approved by two-thirds of all the members elected to each house, this bill takes effect
12947     upon approval by the governor, or the day following the constitutional time limit of Utah
12948     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
12949     the date of veto override.
12950          Section 162. Revisor instructions.
12951          (1) The Legislature intends that the Office of Legislative Research and General
12952     Counsel, in preparing the Utah Code database for publication, not enroll this bill if H.B. 22,

12953     Local District Amendments, does not pass.
12954          (2) The Legislature intends that, if this bill and H.B. 22, Local District Amendments,
12955     both pass, the Office of Legislative Research and General Counsel, when enrolling H.B. 22,
12956     Local District Amendments, replace "certificate of incorporation" with "applicable certificate"
12957     in Subsections 17B-2a-407(4)(c) and (6)(b).