S.B. 94

1

AMENDMENTS TO SPECIAL DISTRICTS
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: R. Mont Evans
5 AN ACT RELATING TO SPECIAL DISTRICTS; REQUIRING SPECIAL DISTRICT BOARDS
6 TO HOLD A PUBLIC HEARING h AND PROVIDE NOTICE h BEFORE IMPOSING OR
6a h [ MODIFYING ] INCREASING h A FEE;
7 REQUIRING NEWLY CREATED SPECIAL DISTRICTS TO NOTIFY STATE AUDITOR;
8 REQUIRING STATE AUDITOR TO KEEP LIST OF SPECIAL DISTRICTS; AND
9 REQUIRING h CERTAIN h SPECIAL DISTRICTS TO h [ DELIVER PROOF OF ]
9a OBTAIN h LIABILITY INSURANCE.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 ENACTS:
12 17A-1-448, Utah Code Annotated 1953
13 17A-1-504, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 17A-1-448 is enacted to read:
16 17A-1-448. Imposing or increasing a fee for service provided by special district.
17 (1) h (a) h Before imposing a new fee or increasing an existing fee for a service provided by a
18 special district, each special district board shall first hold a public hearing at which any interested
19 person may speak for or against the proposal to impose a fee or to increase an existing fee.
19a h (b) EACH PUBLIC HEARING UNDER SUBSECTION (1)(a) SHALL BE HELD IN THE EVENING
19b BEGINNING NO EARLIER THAN 6:00 P.M.
19c (c) EXCEPT TO THE EXTENT THAT THIS SECTION IMPOSES MORE STRINGENT NOTICE
19d REQUIREMENTS, THE SPECIAL DISTRICT BOARD SHALL COMPLY WITH TITLE 52, CHAPTER 4,
19e OPEN AND PUBLIC MEETINGS, IN HOLDING THE PUBLIC HEARING UNDER SUBSECTION (1)(a). h
20 (2) (a) Each special district board shall give h [ reasonable ] h notice of a hearing under

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21 Subsection (1) h [ at least 14 days before the date of the hearing ] AS PROVIDED IN SUBSECTION (2)(b)
21a OR (c) h .
22 h [ (b) A special district board meets the requirement of reasonable notice under Subsection
23 (2)(a) if it:
24 (i) posts notice of the hearing in at least three public places within the boundaries of the
25 special district and publishes notice of the hearing in a newspaper of general circulation within the
26 special district, if there is a newspaper of general circulation; or
27 (ii) gives actual notice of the hearing. ]
27a (b)(i) THE NOTICE REQUIRED UNDER SUBSECTION (2)(a) SHALL BE PUBLISHED IN A
27b NEWSPAPER OR COMBINATION OF NEWSPAPERS OF GENERAL CIRCULATION IN THE SPECIAL
27c DISTRICT, IF THERE IS A NEWSPAPER OR COMBINATION OF NEWSPAPERS OF GENERAL
27d CIRCULATION IN THE SPECIAL DISTRICT.
27e (ii) THE NOTICE SHALL BE NO LESS THAN 1/4 PAGE IN SIZE AND THE TYPE USED SHALL
27f BE NO SMALLER THAN 18 POINT, AND SURROUNDED BY A 1/4-inch BORDER.
27g (iii) THE NOTICE MAY NOT BE PLACED IN THAT PORTION OF THE NEWSPAPER WHERE
27h LEGAL NOTICES AND CLASSIFIED ADVERTISEMENTS APPEAR.
27i (iv) IT IS LEGISLATIVE INTENT THAT, WHENEVER POSSIBLE, THE ADVERTISEMENT APPEAR
27j IN A NEWSPAPER THAT IS PUBLISHED AT LEAST ONE DAY PER WEEK.
27k (v) IT IS FURTHER THE INTENT OF THE LEGISLATURE THAT THE NEWSPAPER OR
27l COMBINATION OF NEWSPAPERS SELECTED BE OF GENERAL INTEREST AND READERSHIP IN THE
27m SPECIAL DISTRICT, AND NOT OF LIMITED SUBJECT MATTER.
27n (vi) THE NOTICE SHALL BE RUN ONCE EACH WEEK FOR THE TWO WEEKS PRECEDING THE
27o HEARING.
27p (vii) THE NOTICE SHALL STATE THAT THE SPECIAL DISTRICT BOARD INTENDS TO IMPOSE
27q OR INCREASE A FEE FOR A SERVICE PROVIDED BY THE SPECIAL DISTRICT AND WILL HOLD A
27r PUBLIC HEARING ON A CERTAIN DAY, TIME, AND PLACE FIXED IN THE NOTICE, WHICH SHALL BE
27s NOT LESS THAN SEVEN DAYS AFTER THE DAY THE FIRST NOTICE IS PUBLISHED, FOR THE
27t PURPOSE OF HEARING COMMENTS REGARDING THE PROPOSED IMPOSITION OR INCREASE OF A
27u FEE AND TO EXPLAIN THE REASONS FOR THE PROPOSED IMPOSITION OR INCREASE.
27v (c)(i) IF THERE IS NO NEWSPAPER OR COMBINATION OF NEWSPAPERS OF GENERAL
27w CIRCULATION IN THE SPECIAL DISTRICT, THE SPECIAL DISTRICT BOARD SHALL POST AT LEAST
27x ONE NOTICE PER 1,000 POPULATION WITHIN THE SPECIAL DISTRICT, AT PLACES WITHIN THE
27y SPECIAL DISTRICT THAT ARE MOST LIKELY TO PROVIDE ACTUAL NOTICE TO RESIDENTS WITHIN
27z THE SPECIAL DISTRICT.
27aa (ii) EACH NOTICE UNDER SUBSECTION (2)(c)(i) SHALL COMPLY WITH SUBSECTION
27ab (2)(b)(vii). h
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1 h [ (c) ] (d) h Proof that notice was given as provided in Subsection (2)(b)(i) or (ii) is prima facie
2 evidence that notice was properly given.
3 h [ (d) ] (e) h If no challenge is made to the notice given of a hearing required by Subsection (1)
4 within 30 days after the date of the hearing, the notice is considered adequate and proper.
5 (3) After holding a public hearing under Subsection (1), a special district board may:
6 (a) impose the new fee or increase the existing fee as proposed;
7 (b) adjust the amount of the proposed new fee or the increase of the existing fee and then
8 impose the new fee or increase the existing fee as adjusted; or
9 (c) decline to impose the new fee or increase the existing fee.
10 (4) This section applies to each new fee imposed and each increase of an existing fee that
11 occurs on or after July 1, 1998.
12 Section 2. Section 17A-1-504 is enacted to read:
13 17A-1-504. Notice to state auditor -- Proof of liability insurance.
14 (1) (a) (i) Except as provided in Subsection (1)(a)(ii), the legislative body of each county,
15 city, or town that creates a special district after May 4, 1998, shall, within 60 days of the special
16 district's creation, deliver written notification of the creation to the state auditor.
17 (ii) Notwithstanding Subsection (1)(a)(i), each special district created after May 4, 1998,
18 shall, within 60 days of its creation, deliver written notification of its creation to the state auditor,
19 if the special district was created by other than a county, city, or town.
20 (b) The state auditor shall maintain a list of all special districts in the state.
21 (2) Each special district with an annual operating budget of at least $50,000 shall S [, upon] s
22 S [request from the state auditor, deliver written proof to the state auditor that the special
22a district has] s
Text Box

Amend on 2_goldenrod January 26, 1998 23 S [obtained] OBTAIN s liability insurance as considered appropriate by the special district board.




Legislative Review Note
as of 12-15-97 3:59 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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