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S.B. 142 Enrolled
AN ACT RELATING TO LOCAL DISTRICTS AND SPECIAL DISTRICTS; EXTENDING
THE DATE BEFORE WHICH A LOCAL DISTRICT MAY NOT BE CREATED; CLARIFYING
THE EFFECT OF THAT PROHIBITION ON THE CREATION OF SPECIFIED SPECIAL
DISTRICTS; ESTABLISHING A CONCLUSIVE PRESUMPTION FOR CERTAIN SPECIAL
DISTRICTS; REPEALING OBSOLETE LANGUAGE; AND MAKING TECHNICAL
CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17A-2-101, as enacted by Chapter 368, Laws of Utah 1998
17B-2-217, as last amended by Chapter 13, Laws of Utah 1999
ENACTS:
17A-2-103, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17A-2-101 is amended to read:
17A-2-101. Creation procedures for certain independent special districts.
(1) (a) Beginning [
special district under Part 2, Cemetery Maintenance Districts, Part 3, County Improvement Districts
for Water, Sewerage, Flood Control, Electric and Gas, Part 4, County Service Area Act, Part 7,
Irrigation Districts, Part 8, Metropolitan Water District Act, Part 9, Mosquito Abatement Districts,
and Part 10, Utah Public Transit District Act, shall[
be governed by Title 17B, Chapter 2, Part 2, Creation of Local Districts, [
were proposed to be created.
(b) Beginning September 15, 1998, the creation of a special district under Part 14, Water
Conservancy Districts, shall[
17B, Chapter 2, Part 2, Creation of Local Districts, [
as if a local district under Title 17B, Chapter 2, Local Districts, were proposed to be created.
[
[
[
[
[
[
(2) Subsection 17B-2-217 (1) does not prohibit the creation of one of the types of
independent special districts listed in Subsection (1) under the creation provisions of Title 17B,
Chapter 2, Part 2, Creation of Local Districts.
(3) The provisions of Title 17B, Chapter 2, Part 2, Creation of Local Districts, do not apply
to an independent special district under this chapter created before [
March 23, 1998.
(4) (a) For each type of independent special district listed in Subsection (1), the provisions
of the part under this chapter that applies to that district govern with respect to the appointment or
election of the governing body of that type of independent special district after its creation under Title
17B, Chapter 2, Part 2, Creation of Local Districts.
(b) If application of the provisions of Title 17B, Chapter 2, Part 2, Creation of Local
Districts, results in the creation of an independent special district before the governing body of that
district, under the applicable provisions of this chapter, takes office, the responsible body, as defined
in Subsection 17B-2-201 (1)(l), shall be the governing body of the district until the governing body
takes office under the applicable provisions of this chapter.
(5) Notwithstanding Section 17B-2-202 , an independent special district listed in Subsection
(1) may be created to provide only the services that are authorized under the part of this chapter
applicable to that type of district.
Section 2. Section 17A-2-103 is enacted to read:
17A-2-103. Conclusive presumption regarding creation and existence.
Notwithstanding any other provision of law, an independent special district under this chapter
created on or after May 4, 1999 shall be conclusively presumed to have been lawfully created and
existing if:
(1) for two years following the district's creation:
(a) the district has:
(i) levied and collected a tax; or
(ii) collected a fee, charge, assessment, or tax increment for a commodity, service, facility,
or improvement provided by the district; and
(b) no challenge has been filed in court to the existence or creation of the district; and
(2) the district has complied with Subsections 17A-1-102 (1) and 17A-1-504 (1).
Section 3. Section 17B-2-217 is amended to read:
17B-2-217. Limitation on initiating process to create local district.
(1) Notwithstanding any other provision of this part [
(2) Subsection (1) does not prohibit the creation of one of the types of independent special
districts listed in Subsection 17A-2-101 (1) under the provisions of this part.
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