S.B. 179

1

USE OF COUNTY NAME RESTRICTED
2 2000 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David H. Steele
5 AN ACT RELATING TO COUNTIES, SPECIAL DISTRICTS, AND THE STATE SYSTEM OF
6 PUBLIC EDUCATION; RESTRICTING THE USE OF A COUNTY NAME IN THE NAME OF
7 CERTAIN POLITICAL SUBDIVISIONS OF THE STATE; AND PROVIDING EXCEPTIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 53A-2-108, as enacted by Chapter 2, Laws of Utah 1988
11 ENACTS:
12 17-15-28, Utah Code Annotated 1953
13 17A-1-204, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 17-15-28 is enacted to read:
16 17-15-28. Use of "county" or county name prohibited -- Legal action to compel
17 compliance.
18 (1) For purposes of this section:
19 (a) (i) "New local entity" means a city, town, school district, special district, local district S
19a UNDER TITLE 17B, CHAPTER 2, LOCAL DISTRICTS s ,
20 or other political subdivision of the state created on or after May 1, 2000.
21 (ii) "New local entity" does not include a county.
22 (b) (i) "Existing local entity" means a special district, local district, or other political
23 subdivision of the state created before May 1, 2000.
24 (ii) "Existing local entity" does not include a county, city, town, or school district.
24a (c)(i) "SPECIAL DISTRICT" MEANS A SPECIAL DISTRICT UNDER TITLE 17A, SPECIAL DISTRICTS,
24b THAT:
24c (A) BY STATUTE IS A POLITICAL AND CORPORATE ENTITY SEPARATE FROM THE COUNTY
24d THAT CREATED IT; AND s

24e S (B) BY STATUTE IS NOT SUBJECT TO THE DIRECTION AND CONTROL OF THE COUNTY
24f THAT CREATED IT.
24g (ii) THE COUNTY LEGISLATIVE BODY'S STATUTORY AUTHORITY TO APPOINT MEMBERS TO
24h THE GOVERNING BODY OF A SPECIAL DISTRICT DOES NOT ALONE MAKE THE SPECIAL DISTRICT
24i SUBJECT TO THE DIRECTION AND CONTROL OF THAT COUNTY.
25 (2) (a) A new local entity may not use the word "county" h [ or the name of an existing
25a county ] h
26 in its name.
27 (b) After January 1, 2005, an existing local entity may not use the word "county" h [ or the ] h

28 h [ name of a county ] h in its name h UNLESS THE COUNTY WHOSE NAME IS USED BY THE
28a EXISTING LOCAL ENTITY GIVES ITS WRITTEN CONSENT h .
29 (3) A county with a name similar to the name of a new local entity or existing local entity
30 in violation of this section may bring legal action in district court to compel compliance with this
31 section.
32 Section 2. Section 17A-1-204 is enacted to read:
33 17A-1-204. Name of special district.
34 (1) The name of each special district created on or after May 1, 2000 shall comply with
35 Subsection 17-15-28 (2)(a).
36 (2) The board of each special district affected by Subsection 17-15-28 (2)(b) shall ensure
37 that after January 1, 2005 the special district name complies with the requirements of that
38 subsection.
39 Section 3. Section 53A-2-108 is amended to read:
40 53A-2-108. School districts independent of municipal and county governments --
41 Control of property.
42 (1) (a) Each school district shall be controlled by its board of education and shall be
43 independent of municipal and county governments.
44 (b) The name of each school district created after May 1, 2000 shall comply with
45 Subsection 17-15-28 (2)(a).
46 (2) The local school board shall have direction and control of all school property in the
47 district.




Legislative Review Note
as of 12-29-99 8:39 AM

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

Office of Legislative Research and General Counsel