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S.B. 99 Enrolled

                 

REVISOR'S STATUTE

                 
2001 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Michael G. Waddoups

                 
                  D. Chris Buttars
                  David L. Gladwell
                  Parley Hellewell
Peter C. Knudson
Ed P. Mayne
Terry R. Spencer
Pete Suazo


                  This act modifies parts of the Utah Code to make technical corrections including wording,

                  cross references, numbering changes, and repealing the Utah Sesquicentennial Coordinating
                  Council.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      4-37-503, as last amended by Chapter 302, Laws of Utah 1998
                      7-5-5, as last amended by Chapter 260, Laws of Utah 2000
                      7-15-1, as last amended by Chapters 100 and 171, Laws of Utah 1999
                      7-15-3, as last amended by Chapter 171, Laws of Utah 1999
                      8-5-5, as enacted by Chapter 132, Laws of Utah 1985
                      10-6-151, as last amended by Chapter 20, Laws of Utah 1995
                      10-7-3, as last amended by Chapter 269, Laws of Utah 1991
                      10-7-8, as last amended by Chapter 2, Laws of Utah 1970
                      10-8-62, as last amended by Chapter 285, Laws of Utah 1992
                      10-8-63, as last amended by Chapter 132, Laws of Utah 1985
                      11-13-1, as enacted by Chapter 14, Laws of Utah 1965
                      11-13-2, as last amended by Chapter 47, Laws of Utah 1977
                      11-13-5.6, as last amended by Chapter 337, Laws of Utah 1998
                      11-26-1, as last amended by Chapter 262, Laws of Utah 2000
                      13-8-5, as last amended by Chapter 238, Laws of Utah 2000
                      15-7-12, as enacted by Chapter 62, Laws of Utah 1983
                      16-4-12, as last amended by Chapter 75, Laws of Utah 2000


                      16-6a-809 (Effective 04/30/01), as enacted by Chapter 300, Laws of Utah 2000
                      17-18-1, as last amended by Chapter 149, Laws of Utah 2000
                      17-18-1.5, as last amended by Chapters 279 and 372, Laws of Utah 1999
                      17A-2-306, as renumbered and amended by Chapter 186, Laws of Utah 1990
                      17A-2-307, as renumbered and amended by Chapter 186, Laws of Utah 1990
                      17A-2-309, as renumbered and amended by Chapter 186, Laws of Utah 1990
                      17A-2-423, as renumbered and amended by Chapter 186, Laws of Utah 1990
                      17A-2-543, as last amended by Chapter 254, Laws of Utah 2000
                      17A-2-556, as last amended by Chapters 75 and 254, Laws of Utah 2000
                      17A-2-712, as last amended by Chapter 254, Laws of Utah 2000
                      17A-2-747, as last amended by Chapter 254, Laws of Utah 2000
                      17A-2-826, as renumbered and amended by Chapter 186, Laws of Utah 1990
                      17A-2-1037, as renumbered and amended by Chapter 186, Laws of Utah 1990
                      17A-2-1038, as last amended by Chapters 254 and 318, Laws of Utah 2000
                      17A-2-1058, as renumbered and amended by Chapter 186, Laws of Utah 1990
                      17A-2-1225, as last amended by Chapter 349, Laws of Utah 2000
                      17A-2-1236, as last amended by Chapter 349, Laws of Utah 2000
                      17A-2-1264, as last amended by Chapters 348 and 349, Laws of Utah 2000
                      17A-2-1312, as renumbered and amended by Chapter 186, Laws of Utah 1990
                      17A-2-1316, as renumbered and amended by Chapter 186, Laws of Utah 1990
                      17A-2-1322, as renumbered and amended by Chapter 186, Laws of Utah 1990
                      17A-2-1413, as last amended by Chapter 254, Laws of Utah 2000
                      17A-2-1414, as renumbered and amended by Chapter 186, Laws of Utah 1990
                      17A-2-1439, as last amended by Chapter 254, Laws of Utah 2000
                      17A-2-1448, as last amended by Chapter 254, Laws of Utah 2000
                      17A-2-1449, as last amended by Chapter 254, Laws of Utah 2000
                      19-6-505, as renumbered and amended by Chapter 112, Laws of Utah 1991
                      19-6-804, as renumbered and amended by Chapter 51, Laws of Utah 2000

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                      20A-3-304, as last amended by Chapters 75 and 328, Laws of Utah 2000
                      20A-5-404, as last amended by Chapter 75, Laws of Utah 2000
                      21-2-8, as renumbered and amended by Chapter 133, Laws of Utah 2000
                      23-13-2, as last amended by Chapters 44 and 195, Laws of Utah 2000
                      30-3-35, as last amended by Chapter 97, Laws of Utah 2000
                      30-6-1, as last amended by Chapter 170, Laws of Utah 2000
                      31A-22-625, as enacted by Chapter 267, Laws of Utah 2000
                      31A-23-102, as last amended by Chapter 1, Laws of Utah 2000
                      31A-29-103, as enacted by Chapter 232, Laws of Utah 1990
                      31A-35-608, as last amended by Chapter 259, Laws of Utah 2000
                      34A-1-309, as last amended by Chapter 205 and renumbered and amended by Chapter 375,
                  Laws of Utah 1997
                      34A-2-105, as last amended by Chapter 199, Laws of Utah 1999
                      35A-3-102, as last amended by Chapter 161, Laws of Utah 2000
                      36-12-8, as last amended by Chapter 165, Laws of Utah 2000
                      41-22-2 (Effective 04/30/01), as last amended by Chapter 300, Laws of Utah 2000
                      41-22-2 (Superseded 04/30/01), as last amended by Chapter 73, Laws of Utah 1999
                      46-4-105, as enacted by Chapter 74, Laws of Utah 2000
                      52-4-7.8, as enacted by Chapter 25, Laws of Utah 1997
                      53A-2-206, as last amended by Chapter 103, Laws of Utah 1994
                      53A-15-305, as last amended by Chapter 215, Laws of Utah 2000
                      53A-18-101, as enacted by Chapter 2, Laws of Utah 1988
                      53A-18-102, as last amended by Chapter 78, Laws of Utah 1990
                      53A-28-302, as enacted by Chapter 62, Laws of Utah 1996
                      54-4-28, Utah Code Annotated 1953
                      54-4-29, Utah Code Annotated 1953
                      54-4-30, Utah Code Annotated 1953
                      54-9-5, as last amended by Chapter 3, Laws of Utah 1988

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                      54-13-1, as enacted by Chapter 131, Laws of Utah 1989
                      55-3-2.5, as enacted by Chapter 115, Laws of Utah 1975
                      55-5-6, as last amended by Chapter 285, Laws of Utah 1998
                      57-1-5, as last amended by Chapter 124, Laws of Utah 1997
                      59-1-503, as last amended by Chapter 86, Laws of Utah 2000
                      59-1-703, as last amended by Chapter 169, Laws of Utah 1993
                      59-1-704, as renumbered and amended by Chapter 3, Laws of Utah 1987
                      59-1-1005, as enacted by Chapter 35, Laws of Utah 1991
                      59-2-507, as renumbered and amended by Chapter 4, Laws of Utah 1987
                      59-2-509, as last amended by Chapter 74, Laws of Utah 1987
                      59-2-704, as last amended by Chapter 271, Laws of Utah 1995
                      59-2-1351.5, as last amended by Chapter 79, Laws of Utah 1996
                      59-2-1354, as repealed and reenacted by Chapter 3, Laws of Utah 1988
                      59-2-1361, as last amended by Chapter 4, Laws of Utah 1992
                      59-7-114, as repealed and reenacted by Chapter 169, Laws of Utah 1993
                      59-7-612, as last amended by Chapter 59, Laws of Utah 1999
                      59-10-540, as renumbered and amended by Chapter 2, Laws of Utah 1987
                      59-10-541, as renumbered and amended by Chapters 2 and 3, Laws of Utah 1987
                      59-10-603, as last amended by Chapter 345, Laws of Utah 1997
                      59-12-102 (Effective 07/01/01), as last amended by Chapter 253, Laws of Utah 2000
                      59-12-102 (Superseded 07/01/01), as last amended by Chapters 63 and 362, Laws of Utah
                  1999
                      59-12-111, as last amended by Chapter 86, Laws of Utah 2000
                      59-12-117, as last amended by Chapter 4, Laws of Utah 1993
                      59-13-202.5, as enacted by Chapter 174, Laws of Utah 2000
                      59-13-301.5, as enacted by Chapter 258, Laws of Utah 2000
                      59-13-307, as last amended by Chapter 271, Laws of Utah 1997
                      59-13-322, as enacted by Chapter 174, Laws of Utah 2000

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                      59-22-101, as last amended by Chapter 1 and renumbered and amended by Chapter 229,
                  Laws of Utah 2000
                      62A-4a-412, as last amended by Chapters 304 and 321, Laws of Utah 2000
                      62A-11-304.2, as last amended by Chapter 161, Laws of Utah 2000
                      63-55-258, as last amended by Chapter 66, Laws of Utah 2000
                      63-95-203, as enacted by Chapter 210, Laws of Utah 2000
                      63A-6-105, as last amended by Chapter 18, Laws of Utah 1999
                      63A-6-106, as last amended by Chapter 413, Laws of Utah 1998
                      63A-9-805, as renumbered and amended by Chapter 252, Laws of Utah 1997
                      63B-7-502, as enacted by Chapter 67, Laws of Utah 1998
                      67-1-9, as enacted by Chapter 252, Laws of Utah 1977
                      67-1a-1, as enacted by Chapter 68, Laws of Utah 1984
                      73-10b-2, as last amended by Chapter 282, Laws of Utah 2000
                      73-10d-4, as last amended by Chapter 245, Laws of Utah 1985
                      73-10d-7, as last amended by Chapter 245, Laws of Utah 1985
                      73-10h-8, as last amended by Chapter 10, Laws of Utah 1997
                      76-8-316, as enacted by Chapter 51, Laws of Utah 1995
                      76-10-1201, as last amended by Chapter 92, Laws of Utah 1977
                      76-10-1306, as enacted by Chapter 196, Laws of Utah 1973
                      78-14-5, as enacted by Chapter 23, Laws of Utah 1976
                      78-23-10, as enacted by Chapter 111, Laws of Utah 1981
                  REPEALS:
                      63C-5-101, as enacted by Chapter 233, Laws of Utah 1994
                      63C-5-103, as enacted by Chapter 233, Laws of Utah 1994
                      63C-5-104, as enacted by Chapter 233, Laws of Utah 1994
                      63C-5-105, as enacted by Chapter 233, Laws of Utah 1994
                      63C-5-106, as enacted by Chapter 233, Laws of Utah 1994
                      63C-5-107, as enacted by Chapter 233, Laws of Utah 1994

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                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 4-37-503 is amended to read:
                       4-37-503. Fish Health Policy Board.
                      (1) There is created within the department the Fish Health Policy Board which shall establish
                  policies designed to prevent the outbreak of, control the spread of, and eradicate pathogens that cause
                  disease in aquatic animals.
                      (2) The Fish Health Policy Board shall:
                      (a) determine procedures and requirements for certifying a source of aquatic animals as
                  health approved, including:
                      (i) the pathogens for which inspection is required to receive health approval;
                      (ii) the pathogens which may not be present to receive health approval; and
                      (iii) standards and procedures required for the inspection of aquatic animals;
                      (b) establish procedures for the timely reporting of the presence of pathogens and disease
                  threats;
                      (c) create policies and procedures for, and appoint, an emergency response team to:
                      (i) investigate serious threats of disease;
                      (ii) develop and monitor a plan of action; and
                      (iii) report to:
                      (A) the commissioner of agriculture and food;
                      (B) the director of the Division of Wildlife Resources; and
                      (C) the chair of the Fish Health Policy Board; and
                      (d) develop unified statewide aquaculture disease control plans.
                      (3) The Fish Health Policy Board shall advise the commissioner of agriculture and food and
                  the executive director of the Department of Natural Resources regarding:
                      (a) educational programs and information systems to educate and inform the public about
                  practices that the public may employ to prevent the spread of disease; and
                      (b) communication and interaction between the department and the Division of Wildlife
                  Resources regarding fish health policies and procedures.

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                      (4) (a) (i) The Fish Health Policy Board shall consist of seven members as follows:
                      (A) one member shall be jointly appointed by the commissioner of agriculture and food and
                  the executive director of the Department of Natural Resources;
                      (B) two members shall be appointed by the commissioner of agriculture and food;
                      (C) two members shall be appointed by the executive director of the Department of Natural
                  Resources;
                      (D) one member shall be the state veterinarian; and
                      (E) one member shall be the director of the Division of Wildlife Resources.
                      (ii) Each member appointed under Subsections (4)(a)(i)(A) through (C) shall be
                  knowledgeable about the control of aquatic diseases.
                      (iii) The member appointed under Subsection (4)(a)(i)(A) may not be an employee of, or a
                  member of a board within, the Department of Agriculture and Food or Department of Natural
                  Resources.
                      (iv) Of the members appointed under Subsection (4)(a)(i)(B), one shall be an employee of
                  the Division of Animal Industry and one shall be a representative of the aquaculture industry.
                      (v) Of the members appointed under Subsection (4)(a)(i)(C), one shall be an employee of
                  the Division of Wildlife Resources and one shall represent sport fishermen.
                      (b) Except as required by Subsection (4)(c), the term of office of board members, other than
                  the state veterinarian and the director of the Division of Wildlife Resources, shall be four years.
                      (c) Notwithstanding the requirements of Subsection (4)(b), the commissioner and the
                  executive director shall, at the time of appointment or reappointment, adjust the length of terms to
                  ensure that the terms of board members are staggered so that approximately half of the board is
                  appointed every two years.
                      (d) When a vacancy occurs in the membership for any reason, the replacement shall be
                  appointed for the unexpired term.
                      (e) The member appointed under Subsection (4)(a)(i)(A) shall serve as chair of the board.
                      (f) The board shall meet upon the call of the chair or a majority of the board members.
                      (g) (i) An action of the board shall be adopted upon approval of four or more voting

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                  members.
                      (ii) The chair may not vote.
                      (5) (a) (i) Members who are not government employees shall receive no compensation or
                  benefits for their services, but may receive per diem and expenses incurred in the performance of the
                  member's official duties at the rates established by the Division of Finance under Sections
                  63A-3-106 and 63A-3-107 .
                      (ii) Members may decline to receive per diem and expenses for their service.
                      (b) (i) State government officer and employee members who do not receive salary, per diem,
                  or expenses from their agency for their service may receive per diem and expenses incurred in the
                  performance of their official duties from the board at the rates established by the Division of Finance
                  under Sections 63A-3-106 and 63A-3-107 .
                      (ii) State government officer and employee members may decline to receive per diem and
                  expenses for their service.
                      (6) (a) The board shall make rules consistent with its responsibilities and duties specified
                  in this section.
                      (b) Rules of the department and Fish Health Policy Board pertaining to the control of disease
                  shall remain in effect until the Fish Health Policy Board enacts rules to replace those provisions.
                      Section 2. Section 7-5-5 is amended to read:
                       7-5-5. Revocation of trust authority -- Procedure.
                      (1) (a) The commissioner may issue and serve upon a trust company a notice of intent to
                  revoke the authority of the trust company to exercise the powers granted by this chapter, if, in the
                  commissioner's opinion, the trust company:
                      (i) [the trust company] is unlawfully or unsoundly exercising the powers granted under this
                  chapter;
                      (ii) has unlawfully or unsoundly exercised the powers granted under this chapter;
                      (iii) has failed, for a period of five consecutive years, to exercise the powers granted by this
                  chapter;
                      (iv) fails or has failed to comply with requirements upon which its permit is conditioned; or

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                      (v) fails or has failed to comply with any rule of the commissioner.
                      (b) The notice shall:
                      (i) contain a statement of the facts constituting the alleged unlawful or unsound exercise of
                  powers, or failure to exercise powers, or failure to comply; and
                      (ii) fix the time and place at which a hearing will be held to determine whether an order
                  revoking authority to execute those powers should issue against the trust company.
                      (2) (a) If the trust company or its representative does not appear at the hearing, the
                  commissioner may consider the trust company to be in default, and may issue a revocation order.
                      (b) If default has occurred, or if upon the record made at any hearing the commissioner finds
                  that any allegation specified in the notice of charges has been established, the commissioner shall
                  issue and serve upon the trust company an order:
                      (i) prohibiting it from accepting any new or additional trust accounts; and
                      (ii) revoking its authority to exercise any powers granted under this chapter.
                      (c) Any order issued under this section permits the trust company to continue to service all
                  previously accepted trust accounts pending their expeditious divestiture or termination.
                      (3) A revocation order shall become effective 30 days after service of the order upon the trust
                  company and shall remain effective and enforceable, unless it is stayed, modified, terminated, or set
                  aside by action of the commissioner or by judicial review as provided for in Section 7-1-714 .
                      Section 3. Section 7-15-1 is amended to read:
                       7-15-1. Definitions -- Civil liability of issuer -- Notice of action -- Collection costs --
                  Exemptions.
                      (1) As used in this chapter:
                      (a) "Check" means a payment instrument on a depository institution including a:
                      (i) check;
                      (ii) draft;
                      (iii) order; or
                      (iv) other instrument.
                      (b) "Issuer" means a person who makes, draws, signs, or issues a check, whether as corporate

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                  agent or otherwise, for the purpose of:
                      (i) obtaining from any person any money, merchandise, property, or other thing of value; or
                      (ii) paying for any service, wages, salary, or rent.
                      (c) "Mailed" means the day that a notice is properly deposited in the United States mail.
                      (2) (a) An issuer of a check is liable to the holder of the check if:
                      (i) the check:
                      (A) is not honored upon presentment; and
                      (B) is marked "refer to maker";
                      (ii) the account upon which the check is made or drawn:
                      (A) does not exist;
                      (B) has been closed; or
                      (C) does not have sufficient funds or sufficient credit for payment in full of the check; or
                      (iii) (A) the check is issued in partial or complete fulfillment of a valid and legally binding
                  obligation; and
                      (B) the issuer stops payment on the check with the intent to:
                      (I) fraudulently defeat a possessory lien; or
                      (II) otherwise defraud the holder of the check.
                      (b) If an issuer of a check is liable under Subsection (2)(a), the issuer is liable for:
                      (i) the check amount; and
                      (ii) a service charge of $20.
                      (3) (a) The holder of a check that has been dishonored may:
                      (i) give written or oral notice of dishonor to the issuer of the check; and
                      (ii) waive all or part of the service charge imposed under Subsection (2)(b).
                      (b) Notwithstanding Subsection (2)(b), a holder of a check that has been dishonored may not
                  collect and the issuer is not liable for the service charge imposed under Subsection (2)(b) if:
                      (i) the holder redeposits the check; and
                      (ii) that check is honored.
                      (4) If the issuer does not pay the amount owed under Subsection (2)(b) within 15 calendar

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                  days from the day on which the notice required under Subsection (5) is mailed, the issuer is liable
                  for:
                      (a) the amount owed under Subsection (2)(b); and
                      (b) collection costs not to exceed $20.
                      (5) (a) A holder shall provide written notice to an issuer before:
                      (i) charging collection costs under Subsection (4) in addition to the amount owed under
                  Subsection (2)(b); or
                      (ii) filing an action based upon this section.
                      (b) The written notice required under Subsection (5)(a) shall notify the issuer of the
                  dishonored check that:
                      (i) if the amount owed under Subsection (2)(b) is not paid within 15 calendar days from the
                  day on which the notice is mailed, the issuer is liable for:
                      (A) the amount owed under Subsection (2)(b); and
                      (B) collection costs under Subsection (4); and
                      (ii) the holder may file civil action if the issuer does not pay to the holder the amount owed
                  under Subsection (4) within 30 calendar days from the day on which the notice is mailed.
                      (6) (a) If the issuer has not paid the holder the amounts owed under Subsection (4) within
                  30 calendar days from the day on which the notice required by Subsection (5) is mailed, the holder
                  may offer to not file civil action under this section if the issuer pays the holder:
                      (i) the amount owed under Subsection (2)(b);
                      (ii) the collection costs under Subsection (4);
                      (iii) an amount that:
                      (A) is equal to the greater of:
                      (I) $50; or
                      (II) triple the check amount; and
                      (B) does not exceed the check amount plus $250; and
                      (iv) if the holder retains an attorney to recover on the dishonored check, reasonable attorney's
                  fees not to exceed $50.

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                      (b) (i) Notwithstanding Subsection (6)(a), all amounts charged or collected under Subsection
                  (6)(a)(iii) shall be paid to and be the property of the original payee of the check.
                      (ii) A person who is not the original payee may not retain any amounts charged or collected
                  under Subsection (6)(a)(iii).
                      (iii) The original payee of a check may not contract for a person to retain any amounts
                  charged or collected under Subsection (6)(a)(iii).
                      (7) (a) A civil action may not be filed under this section unless the issuer fails to pay the
                  amounts owed under Subsection (4) within 30 calendar days from the day on which the notice
                  required by Subsection (5) is mailed.
                      (b) In a civil action, the issuer of the check is liable to the holder for:
                      (i) the check amount;
                      (ii) interest;
                      (iii) all costs of collection, including all court costs and reasonable attorneys' fees; and
                      (iv) damages:
                      (A) equal to the greater of:
                      (I) $100; or
                      (II) triple the check amount; and
                      (B) not to exceed the check amount plus $500.
                      (c) If an issuer is held liable under Subsection (7)(b), notwithstanding Subsection (7)(b), a
                  court may waive all or part of the amounts owed under Subsections (7)(b)(ii) through (iv) upon a
                  finding of good cause.
                      (d) (i) Notwithstanding Subsection (7)(b), all amounts charged or collected under Subsection
                  (7)(b)(iv) shall be paid to and be the property of the original payee of the check.
                      (ii) A person who is not the original payee may not retain any amounts charged or collected
                  under Subsection (7)(b)(iv).
                      (iii) The original payee of a check may not contract for a person to retain any amounts
                  charged or collected under Subsection (7)(b)(iv).
                      (8) This section may not be construed to prohibit the holder of the check from seeking relief

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                  under any other applicable statute or cause of action.
                      (9) (a) Notwithstanding the other provisions of this section, a holder of a check is exempt
                  from this section if:
                      (i) the holder:
                      (A) is a depository institution; or
                      (B) a person that receives a payment on behalf of a depository institution;
                      (ii) the check is a payment on a loan that originated at the depository institution that:
                      (A) is the holder; or
                      (B) on behalf of which the holder received the payment; and
                      (iii) the loan contract states a specific service charge for dishonor.
                      (b) A holder exempt under Subsection [(6)] (9)(a) may contract with an issuer for the
                  collection of fees or charges for the dishonor of a check.
                      Section 4. Section 7-15-3 is amended to read:
                       7-15-3. Liability of financial institution upon wrongful dishonor.
                      If a person is liable to a holder under Section 7-15-1 or under a contract with a depository
                  institution as provided in Subsection 7-15-1 [(6)](9), and the liability is proximately caused by a
                  financial institution's wrongful dishonor under Section 70A-4-402 , any award against the financial
                  institution under Section 70A-4-402 shall include all amounts awarded against the person to the
                  holder under:
                      (1) Section 7-15-1 ; or
                      (2) the contract with the depository institution as provided in Subsection 7-15-1 [(6)](9).
                      Section 5. Section 8-5-5 is amended to read:
                       8-5-5. Proceeds of resale of lots.
                      The proceeds from the subsequent resale of any lot or parcel, title to which has been revested
                  in the municipality under Section 8-5-2 or 8-5-6 , less the costs and expenses incurred in the
                  proceeding, shall become part of the permanent care and improvement fund of the municipality,
                  subject to subsequent disposition under [the] Title 10, Chapter 6, Uniform Fiscal Procedures Act for
                  Utah Cities.

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                      Section 6. Section 10-6-151 is amended to read:
                       10-6-151. Independent audits required.
                      Independent audits of all cities are required, to be performed in conformity with Title 51,
                  Chapter 2, Audits of Political Subdivisions, Interlocal Organizations and Other Local Entities. In the
                  case of a city organized under Title 10, Chapter 3, Part 12, [Optional] Alternative Forms of
                  Municipal Government [Act], the council shall appoint an independent auditor for the purpose of
                  complying with the requirements of this section and of Title 51, Chapter 2, Audits of Political
                  Subdivisions, Interlocal Organizations and Other Local Entities.
                      Section 7. Section 10-7-3 is amended to read:
                       10-7-3. Joining with county to create and maintain local health department --
                  Adoption of ordinances and regulations required.
                      (1) The governing body of every municipality shall join with the governing body of the
                  county in which the municipality is located to create and maintain a local health department as
                  provided in Title 26A, Chapter 1, Part 1, Local Health Department Act.
                      (2) The municipality shall cooperate with the board of health of the local health department
                  in the adoption of ordinances necessary for the protection of public health required in this title.
                      Section 8. Section 10-7-8 is amended to read:
                       10-7-8. Resolution on bond issue -- Election as provided by Utah Municipal Bond Act.
                      When the board of commissioners, city council or the town board of trustees of any city or
                  town shall have decided that incurring such bonded indebtedness is advisable, it shall by resolution
                  specify the purpose for which the indebtedness is to be created and the amount of bonds which it is
                  proposed to issue, and shall provide for submitting the question of the issue of such bonds to the
                  qualified electors of the city or town at the next general election, or at a special election to be called
                  for that purpose by the board of commissioners, city council or board of trustees in such manner and
                  subject to such conditions as is provided in [the] Title 11, Chapter 14, Utah Municipal Bond Act.
                  This section does not require an election for the issuance of refunding bonds or other bonds not
                  required by the Constitution to be voted at an election.
                      Section 9. Section 10-8-62 is amended to read:

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                       10-8-62. Cemeteries -- Purchase and operation.
                      The city legislative body may:
                      (1) purchase, hold, and pay for lands within or without the corporate limits for the burial of
                  the dead, and all necessary grounds for hospitals;
                      (2) have and exercise police jurisdiction over those lands, and over any cemetery used by
                  the inhabitants of the city;
                      (3) survey, plat, map, fence, ornament, and otherwise improve, manage, and operate public
                  burial and cemetery grounds;
                      (4) convey cemetery lots owned by the city, and pass ordinances for the protection and
                  governing of these grounds consistent with Title 8, Chapter 5, Municipal Cemeteries;
                      (5) contract for the care and improvement of cemeteries and cemetery lots, and for any
                  compensation for the care and improvement;
                      (6) receive deposits for the care of lots and invest the deposits by following the procedures
                  and requirements of Title 51, Chapter 7, State Money Management Act; and
                      (7) pay the cost of the care from any proceeds from the investment.
                      Section 10. Section 10-8-63 is amended to read:
                       10-8-63. Burial of dead -- Vital statistics.
                      They may regulate the burial of the dead, consistent with Title 8, Chapter 5, Municipal
                  Cemeteries, the registration of births and deaths, direct the returning and keeping of bills of
                  mortality, and impose penalties on physicians, sextons, and others for any default therein.
                      Section 11. Section 11-13-1 is amended to read:
                       11-13-1. Title.
                      This [act] chapter may be cited as the "Interlocal Co-operation Act."
                      Section 12. Section 11-13-2 is amended to read:
                       11-13-2. Purpose of act.
                      It is the purpose of this [act] chapter:
                      (1) to permit local governmental units to make the most efficient use of their powers by
                  enabling them to co-operate with other localities on a basis of mutual advantage and thereby to

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                  provide services and facilities in a manner and [pursuant to] under forms of governmental
                  organization that will accord best with geographic, economic, population and other factors
                  influencing the needs and development of local communities; and
                      (2) to provide the benefit of economy of scale, economic development, and utilization of
                  natural resources for the overall promotion of the general welfare of the state.
                      Section 13. Section 11-13-5.6 is amended to read:
                       11-13-5.6. Contract by public agencies to create new entities to own sewage and
                  wastewater facilities -- Powers and duties of new entities -- Validation of previously created
                  entities.
                      (1) It is declared that the policy of the state is to assure the health, safety, and welfare of its
                  citizens, that adequate sewage and wastewater treatment plants and facilities are essential to the
                  well-being of the citizens of the state and that the acquisition of adequate sewage and wastewater
                  treatment plants and facilities on a regional basis in accordance with federal law and state and federal
                  water quality standards and effluent standards in order to provide services to public agencies is a
                  matter of statewide concern and is in the public interest. It is found and declared that there is a
                  statewide need to provide for regional sewage and wastewater treatment plants and facilities, and as
                  a matter of express legislative determination it is declared that the compelling need of the state for
                  construction of regional sewage and wastewater treatment plants and facilities requires the creation
                  of entities under the Interlocal Cooperation Act to own, construct, operate, and finance sewage and
                  wastewater treatment plants and facilities; and it is the purpose of this law to provide for the
                  accomplishment thereof in the manner provided in this section.
                      (2) Any two or more public agencies of the state may also agree to create a separate legal or
                  administrative entity to accomplish and undertake the purpose of owning, acquiring, constructing,
                  financing, operating, maintaining, and repairing regional sewage and wastewater treatment plants
                  and facilities.
                      (3) A separate legal or administrative entity created in the manner provided herein is
                  considered to be a political subdivision and body politic and corporate of the state with power to
                  carry out and effectuate its corporate powers, including, but not limited to, the power:

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                      (a) to adopt, amend, and repeal rules, bylaws, and regulations, policies, and procedures for
                  the regulation of its affairs and the conduct of its business, to sue and be sued in its own name, to
                  have an official seal and power to alter that seal at will, and to make and execute contracts and all
                  other instruments necessary or convenient for the performance of its duties and the exercise of its
                  powers and functions under the Interlocal Cooperation Act;
                      (b) to own, acquire, construct, operate, maintain, repair, or cause to be constructed, operated,
                  maintained, and repaired one or more regional sewage and wastewater treatment plants and facilities,
                  all as shall be set forth in the agreement providing for its creation;
                      (c) to borrow money, incur indebtedness and issue revenue bonds, notes or other obligations
                  payable solely from the revenues and receipts derived from all or a portion of the regional sewage
                  and wastewater treatment plants and facilities which it owns, operates, and maintains, such bonds,
                  notes, or other obligations to be issued and sold in compliance with the provisions of [the] Title 11,
                  Chapter 14, Utah Municipal Bond Act;
                      (d) to enter into agreements with public agencies and other parties and entities to provide
                  sewage and wastewater treatment services on such terms and conditions as it considers to be in the
                  best interests of its participants; and
                      (e) to acquire by purchase or by exercise of the power of eminent domain, any real or
                  personal property in connection with the acquisition and construction of any sewage and wastewater
                  treatment plant and all related facilities and rights-of-way which it owns, operates, and maintains.
                      (4) The provisions of Sections 11-13-25 , 11-13-26 , 11-13-27 , 11-13-28 , 11-13-29 , 11-13-30 ,
                  11-13-31 , 11-13-32 , 11-13-33 , 11-13-34 , 11-13-35 , and 11-13-36 [shall] do not apply to a legal or
                  administrative entity created for regional sewage and wastewater treatment purposes under this
                  section.
                      (5) All proceedings previously had in connection with the creation of any legal or
                  administrative entity pursuant to this chapter, and all proceedings previously had by any such entity
                  for the authorization and issuance of bonds of the entity are validated, ratified, and confirmed; and
                  these entities are declared to be validly created interlocal cooperation entities under this chapter.
                  These bonds, whether previously or subsequently issued pursuant to these proceedings, are validated,

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                  ratified, and confirmed and declared to constitute, if previously issued, or when issued, the valid and
                  legally binding obligations of the entity in accordance with their terms. Nothing in this section shall
                  be construed to affect or validate any bonds, or the organization of any entity, the legality of which
                  is being contested at the time this act takes effect.
                      (6) (a) The governing authority of each entity created under this section on or after May 4,
                  1998, shall, within 30 days of the creation, file a written notice of the creation with the State Tax
                  Commission.
                      (b) Each written notice required under Subsection (6)(a) shall:
                      (i) be accompanied by:
                      (A) a copy of the agreement creating the entity; and
                      (B) a map or plat that delineates a metes and bounds description of the area affected and
                  evidence that the information has been recorded by the county recorder; and
                      (ii) contain a certification by the governing authority that all necessary legal requirements
                  relating to the creation have been completed.
                      Section 14. Section 11-26-1 is amended to read:
                       11-26-1. Definitions -- Ceiling on local charges based on gross revenues of public
                  service provider.
                      (1) As used in this [part] chapter:
                      (a) (i) "Exchange access services" means telephone exchange lines or channels, and services
                  provided in connection with them, which are necessary to provide access from the premises of a
                  subscriber to the local switched public telecommunications network of the public utility to effect
                  communication or the transfer of information.
                      (ii) "Exchange access services" does not include:
                      (A) private line services;
                      (B) long distance toll services;
                      (C) carrier access services;
                      (D) telephonic services that are not regulated by the Utah Public Service Commission; and
                      (E) services that emulate functions available in customer premises equipment.

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                      (b) "Local charge" means one or more of the following charges paid by a public service
                  provider to a county or municipality:
                      (i) a tax;
                      (ii) a license;
                      (iii) a fee;
                      (iv) a license fee;
                      (v) a license tax; or
                      (vi) a charge similar to Subsections (1)(b)(i) through (v).
                      (c) "Public service provider" means:
                      (i) a public utility; or
                      (ii) a person or entity engaged in the business of supplying:
                      (A) telephone service; or
                      (B) taxable energy as defined in Section 10-1-303 .
                      (2) A county or a municipality may not impose upon, charge, or collect from a public service
                  provider local charges:
                      (a) imposed on the basis of the gross revenues of the public service provider;
                      (b) derived from sales, use, or both sales and use of the service within the county or
                  municipality; and
                      (c) in a total amount that is greater than 6% of gross revenues.
                      (3) The determination of gross revenues under this section may not include:
                      (a) the sale of gas or electricity as special fuel for motor vehicles;
                      (b) the sale of telephone service provided by a public utility regulated by the Utah Public
                  Service Commission other than:
                      (i) exchange access services;
                      (ii) extended area service;
                      (iii) customer access line charges; and
                      (iv) any services for which a tax or other charge was being paid pursuant to this section as
                  of January 1, 1992; or

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                      (c) a local charge.
                      (4) This section may not be construed to:
                      (a) affect or limit the power of counties or municipalities to impose sales and use taxes under
                  Title 59, Chapter 12, Part 2, Local Sales and Use Tax Act, or Title 10, Chapter 1, Part 3, Municipal
                  Energy Sales and Use Tax Act; or
                      (b) grant any county or municipality the power to impose a local charge not otherwise
                  provided for by law.
                      (5) This section takes precedence over any conflicting provision of law.
                      Section 15. Section 13-8-5 is amended to read:
                       13-8-5. Definitions -- Limitation on retention proceeds withheld -- Deposit in
                  interest-bearing escrow account -- Release of proceeds -- Payment to subcontractors -- Penalty
                  -- No waiver.
                      (1) As used in this section:
                      (a) (i) "Construction contract" means a written agreement between the parties relative to the
                  design, construction, alteration, repair, or maintenance of a building, structure, highway,
                  appurtenance, appliance, or other improvements to real property, including moving, demolition, and
                  excavating for nonresidential commercial or industrial construction projects.
                      (ii) If the construction contract is for construction of a project that is part residential and part
                  nonresidential, this section applies only to that portion of the construction project that is
                  nonresidential as determined pro rata based on the percentage of the total square footage of the
                  project that is nonresidential.
                      [(c)] (b) "Construction lender" means any person, including a bank, trust company, savings
                  bank, industrial bank, land bank, safe deposit company, private banker, savings and loan association,
                  credit union, cooperative bank, small loan company, sales finance company, investment company,
                  or any other financial institution that advances monies to a borrower for the purpose of making
                  alterations or improvements to real property. A construction lender does not include a person or
                  entity who is acting in the capacity of contractor, original contractor, or subcontractor.
                      [(b)] (c) "Contractor" means a person who, for compensation other than wages as an

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                  employee, undertakes any work in a construction trade, as defined in Section 58-55-102 and
                  includes:
                      (i) any person engaged as a maintenance person who regularly engages in activities set forth
                  in Section 58-55-102 as a construction trade; or
                      (ii) a construction manager who performs management and counseling services on a
                  construction project for a fee.
                      (d) "Original contractor" is as provided in Section 38-1-2 .
                      (e) "Owner" means the person who holds any legal or equitable title or interest in property.
                  Owner does not include a construction lender unless the construction lender has an ownership
                  interest in the property other than solely as a construction lender.
                      (f) "Public agency" means any state agency or political subdivision of the state that enters
                  into a construction contract for an improvement of public property.
                      (g) "Retention payment" means release of retention proceeds as defined in Subsection (1)(h).
                      (h) "Retention proceeds" means monies earned by a contractor or subcontractor but retained
                  by the owner or public agency pursuant to the terms of a construction contract to guarantee payment
                  or performance by the contractor or subcontractor of the construction contract.
                      (i) "Subcontractor" is as defined in Section 38-1-2 .
                      (j) "Successful party" has the same meaning as it does under Section 38-1-18 .
                      (2) (a) This section is applicable to all construction contracts relating to construction work
                  or improvements entered into on or after July 1, 1999, between:
                      (i) an owner or public agency and an original contractor;
                      (ii) an original contractor and a subcontractor; and
                      (iii) subcontractors under a contract described in Subsection (2)(a)(i) or (ii).
                      (b) This section does not apply to a construction lender.
                      (3) (a) Notwithstanding Section 58-55-603 , the retention proceeds withheld and retained
                  from any payment due under the terms of the construction contract may not exceed 5% of the
                  payment:
                      (i) by the owner or public agency to the original contractor;

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                      (ii) by the original contractor to any subcontractor; or
                      (iii) by a subcontractor.
                      (b) The total retention proceeds withheld may not exceed 5% of the total construction price.
                      (c) The percentage of the retention proceeds withheld and retained pursuant to a construction
                  contract between the original contractor and a subcontractor or between subcontractors shall be the
                  same retention percentage as between the owner and the original contractor if:
                      (i) the retention percentage in the original construction contract between an owner and the
                  original contractor is less than 5%; or
                      (ii) after the original construction contract is executed but before completion of the
                  construction contract the retention percentage is reduced to less than 5%.
                      (4) (a) If any payment on a contract with a private contractor, firm, or corporation to do work
                  for an owner or public agency is retained or withheld by the owner or the public agency, as retention
                  proceeds, it shall be placed in an interest-bearing account.
                      (b) The interest accrued under Subsection (4)(a) shall be:
                      (i) for the benefit of the contractor and subcontractors; and
                      (ii) paid after the project is completed and accepted by the owner or the public agency.
                      (c) The contractor shall ensure that any interest accrued on the retainage is distributed by the
                  contractor to subcontractors on a pro rata basis.
                      (5) Any retention proceeds retained or withheld pursuant to this section and any accrued
                  interest shall be released pursuant to a billing statement from the contractor within 45 days from the
                  later of:
                      (a) the date the owner or public agency receives the billing statement from the contractor;
                      (b) the date that a certificate of occupancy or final acceptance notice is issued to:
                      (i) the original contractor who obtained the building permit from the building inspector or
                  public agency;
                      (ii) the owner or architect; or
                      (iii) the public agency;
                      (c) the date that a public agency or building inspector having authority to issue its own

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                  certificate of occupancy does not issue the certificate but permits partial or complete occupancy of
                  a newly constructed or remodeled building; or
                      (d) the date the contractor accepts the final pay quantities.
                      (6) If only partial occupancy of a building is permitted, any retention proceeds withheld and
                  retained pursuant to this section and any accrued interest shall be partially released within 45 days
                  under the same conditions as provided in Subsection (5) in direct proportion to the value of the part
                  of the building occupied.
                      (7) The billing statement from the contractor as provided in Subsection (5)(a) shall include
                  documentation of lien releases or waivers.
                      (8) (a) Notwithstanding Subsection (3):
                      (i) if a contractor or subcontractor is in default or breach of the terms and conditions of the
                  construction contract documents, plans, or specifications governing construction of the project, the
                  owner or public agency may withhold from payment for as long as reasonably necessary an amount
                  necessary to cure the breach or default of the contractor or subcontractor; or
                      (ii) if a project or a portion of the project has been substantially completed, the owner or
                  public agency may retain until completion up to twice the fair market value of the work of the
                  original contractor or of any subcontractor that has not been completed:
                      (A) in accordance with the construction contract documents, plans, and specifications; or
                      (B) in the absence of plans and specifications, to generally accepted craft standards.
                      (b) An owner or public agency that refuses payment under Subsection (8)(a) shall describe
                  in writing within 45 days of withholding such amounts what portion of the work was not completed
                  according to the standards specified in Subsection (8)(a).
                      (9) (a) Except as provided in Subsection (9)(b), an original contractor or subcontractor who
                  receives retention proceeds shall pay each of its subcontractors from whom retention has been
                  withheld each subcontractor's share of the retention received within ten days from the day that all
                  or any portion of the retention proceeds is received:
                      (i) by the original contractor from the owner or public agency; or
                      (ii) by the subcontractor from:

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                      (A) the original contractor; or
                      (B) a subcontractor.
                      (b) Notwithstanding Subsection (9)(a), if a retention payment received by the original
                  contractor is specifically designated for a particular subcontractor, payment of the retention shall be
                  made to the designated subcontractor.
                      (10) (a) In any action for the collection of the retained proceeds withheld and retained in
                  violation of this section, the successful party is entitled to:
                      (i) attorney's fees; and
                      (ii) other allowable costs.
                      (b) (i) Any owner, public agency, original contractor, or subcontractor who knowingly and
                  wrongfully withholds a retention shall be subject to a charge of 2% per month on the improperly
                  withheld amount, in addition to any interest otherwise due.
                      (ii) The charge described in Subsection (10)(b)(i) shall be paid to the contractor or
                  subcontractor from whom the retention proceeds have been wrongfully withheld.
                      (11) A party to a construction contract may not require any other party to waive any provision
                  of this section.
                      Section 16. Section 15-7-12 is amended to read:
                       15-7-12. Obligations subject to chapter.
                      (1) Unless the official or official body of the issuer determines otherwise before or at the time
                  of the original issuance of a registered public obligation, this act is applicable to such registered
                  public obligation. When this act is applicable, the provisions of this act prevail over any inconsistent
                  provision under any other law. Pursuant to Section 11-14-22 , this act is specifically made applicable
                  to registered public obligations issued under [the] Title 11, Chapter 14, Utah Municipal Bond Act,
                  in accordance with Section 11-14-16 .
                      (2) Nothing in this act limits or prevents the issuance of obligations in any other form or
                  manner authorized by law.
                      (3) Unless determined otherwise pursuant to Subsection (1), this act is applicable with
                  respect to obligations which have been approved before enactment of this act by vote, referendum,

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                  or hearing, which authorized or permitted the authorization of obligations in bearer and registered
                  form, or in bearer form only, and such obligations need not be resubmitted for a further vote,
                  referendum or hearing, for the purpose of authorizing or permitting the authorization of registered
                  public obligations under this act.
                      Section 17. Section 16-4-12 is amended to read:
                       16-4-12. Notice of delinquency -- Form.
                      If any portion of the assessment mentioned in the notice remains unpaid on the day specified
                  therein when the stock shall be delinquent, the secretary shall, unless otherwise ordered by the board
                  of directors, cause to be published in the same newspapers in which the notice hereinbefore provided
                  for shall have been published a notice in the following form:
                      (Name of corporation in full; location of principal place of business). Notice. There are
                  delinquent upon the following described stock, on account of assessment levied on [the]
                  __________(month/day/year), (and assessment levied previously thereto, if any) the several amounts
                  set opposite the names of the respective shareholders as follows: (Names, number of certificate,
                  number of shares, and amount) and in accordance with law[,] (and an order of the board of directors
                  made on [the] __________(month/day/year), if any such order shall have been made) so many shares
                  of each parcel of the stock as may be necessary will be sold at the (particular place) on [the]
                  __________(month/day/year), at the hour of ____, to pay the delinquent assessments thereon,
                  together with the cost of advertising and expenses of the sale. (Name of secretary, with location of
                  office).
                      Section 18. Section 16-6a-809 (Effective 04/30/01) is amended to read:
                       16-6a-809 (Effective 04/30/01). Removal of directors by judicial proceeding.
                      (1) (a) The applicable court may remove a director in a proceeding commenced either by the
                  nonprofit corporation or by voting members holding at least 10% of the votes entitled to be cast in
                  the election of the director's successor if the court finds that:
                      (i) the director engaged in:
                      (A) fraudulent or dishonest conduct; or
                      (B) gross abuse of authority or discretion with respect to the nonprofit corporation; or

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                      (ii) (A) a final judgment has been entered finding that the director has violated a duty set
                  forth in this Part [4] 8; and
                      (B) removal is in the best interests of the nonprofit corporation.
                      (b) For purposes of this Subsection (1), the applicable court is the:
                      (i) district court of the county in this state where a nonprofit corporation's principal office
                  is located; or
                      (ii) if the nonprofit corporation has no principal office in this state:
                      (A) the district court of the county in which its registered office is located; or
                      (B) if the nonprofit corporation has no registered office, the district court for Salt Lake
                  County.
                      (2) The court that removes a director may bar the director for a period prescribed by the court
                  from:
                      (a) reelection;
                      (b) reappointment; or
                      (c) designation.
                      (3) If voting members commence a proceeding under Subsection (1), the voting members
                  shall make the nonprofit corporation a party defendant.
                      (4) A director who is removed pursuant to this section may deliver to the division for filing
                  a statement to that effect pursuant to Section 16-6a-1608 .
                      Section 19. Section 17-18-1 is amended to read:
                       17-18-1. Powers -- Duties of county attorney -- Prohibitions.
                      (1) (a) In each county which is not within a prosecution district, the county attorney is a
                  public prosecutor and shall:
                      (i) conduct on behalf of the state all prosecutions for public offenses committed within the
                  county, except for prosecutions undertaken by the city attorney under Section 10-3-928 and appeals
                  from them;
                      (ii) institute proceedings before the proper magistrate for the arrest of persons charged with
                  or reasonably suspected of any public offense when in possession of information that the offense has

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                  been committed, and for that purpose shall attend court in person or by deputy in cases of arrests
                  when required; and
                      (iii) when it does not conflict with other official duties, attend to all legal business required
                  in the county by the attorney general without charge when the interests of the state are involved.
                      (b) All the duties and powers of public prosecutor shall be assumed and discharged by the
                  county attorney.
                      (2) The county attorney:
                      (a) shall appear and prosecute for the state in the district court of the county in all criminal
                  prosecutions;
                      (b) may[, subject to Title 67, Chapter 23, Public Attorneys Act,] appear and prosecute in all
                  civil cases in which the state may be interested; and
                      (c) shall render assistance as required by the attorney general in all cases that may be
                  appealed to the Supreme Court and shall prosecute the appeal from any crime charged by the county
                  attorney as a misdemeanor in the district court.
                      (3) The county attorney shall:
                      (a) attend the deliberations of the grand jury;
                      (b) draw all indictments and informations for offenses against the laws of this state within
                  the county;
                      (c) cause all persons indicted or informed against to be speedily arraigned;
                      (d) cause all witnesses for the state to be subpoenaed to appear before the court or grand
                  jury;
                      (e) examine carefully into the sufficiency of all appearance bonds that may be tendered to
                  the district court of the county;
                      (f) upon the order of the court, institute proceedings in the name of the state for recovery
                  upon the forfeiture of any appearance or other bonds running to the state and enforce the collection
                  of them; and
                      (g) perform other duties as required by law.
                      (4) The county attorney shall:

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                      (a) ascertain by all practicable means what estate or property within the county has escheated
                  or reverted to the state;
                      (b) require the assessor of taxes of the county to furnish annually a list of all real or personal
                  property that may have so escheated or reverted; and
                      (c) file a copy of the list in the office of the state auditor and of the attorney general.
                      (5) The county attorney shall:
                      (a) each year on the first business day of August file a report with the attorney general
                  covering the preceding fiscal year, stating the number of criminal prosecutions in the district, the
                  character of the offenses charged, the number of convictions, the amount of fines and penalties
                  imposed, and the amount collected; and
                      (b) call attention to any defect in the operation of the laws and suggest amendments to
                  correct the defect.
                      (6) The county attorney shall:
                      (a) appear and prosecute for the state in the juvenile court of the county in any proceeding
                  involving delinquency;
                      (b) represent the state in any proceeding pending before the juvenile court if any rights to
                  the custody of any juvenile are asserted by any third person; and
                      (c) prosecute before the court any person charged with abuse, neglect, or contributing to the
                  delinquency or dependency of a juvenile.
                      (7) [Subject to the requirements of Title 67, Chapter 23, Public Attorneys Act, the] The
                  county attorney shall:
                      (a) defend all actions brought against the county;
                      (b) prosecute all actions for the recovery of debts, fines, penalties, and forfeitures accruing
                  to the county;
                      (c) give, when required and without fee, an opinion in writing to county, district, and
                  precinct officers on matters relating to the duties of their respective offices;
                      (d) deliver receipts for money or property received in an official capacity and file duplicates
                  with the county treasurer; and

- 28 -


                      (e) on the first Monday of each month file with the auditor an account verified by oath of
                  all money received in an official capacity during the preceding month, and at the same time pay it
                  over to the county treasurer.
                      (8) A county attorney may not:
                      (a) in any manner consult, advise, counsel, or defend within this state any person charged
                  with any crime, misdemeanor, or breach of any penal statute or ordinance;
                      (b) be qualified to prosecute or dismiss in the name of the state any case in which the county
                  attorney has previously acted as counsel for the accused on the pending charge; or
                      (c) in any case compromise any cause or enter a nolle prosequi after the filing of an
                  indictment or information without the consent of the court.
                      (9) If at any time after investigation by the district judge involved, the judge finds and
                  recommends that the county attorney in any county is unable to satisfactorily and adequately perform
                  the duties in prosecuting a criminal case without additional legal assistance, the attorney general                   shall
                  provide the additional assistance.
                      Section 20. Section 17-18-1.5 is amended to read:
                       17-18-1.5. Powers -- Duties of county attorney within a prosecution district --
                  Prohibitions.
                      (1) In each county which is within a state prosecution district, the county attorney is a public
                  prosecutor only for the purpose of prosecuting violations of county ordinances or as otherwise
                  provided by law and shall:
                      (a) conduct on behalf of the county all prosecutions for violations of county ordinances
                  committed within the county;
                      (b) have authority to grant transactional immunity for violations of county ordinances
                  committed within the county;
                      (c) institute proceedings before the proper magistrate for the arrest of persons charged with
                  or reasonably suspected of violations of county ordinances when in possession of information that
                  the violation has been committed, and for that purpose shall attend court in person or by deputy in
                  cases of arrests when required; and

- 29 -


                      (d) when it does not conflict with other official duties, attend to all legal business required
                  in the county by the attorney general without charge when the interests of the state are involved.
                      (2) [Subject to Title 67, Chapter 23, Public Attorneys Act, the] The county attorney:
                      (a) may appear and prosecute in all civil cases in which the state may be interested; and
                      (b) shall render assistance as required by the attorney general in all civil cases that may be
                  appealed to the Supreme Court and prosecute the appeal from any violation of a county ordinance.
                      (3) The county attorney shall:
                      (a) draw all informations for violations of a county ordinance;
                      (b) cause all persons informed against to be speedily arraigned;
                      (c) cause all witnesses for the county to be subpoenaed to appear before the court;
                      (d) upon the order of the court, institute proceedings in the name of the county for recovery
                  upon the forfeiture of any appearance or other bonds running to the county and enforce the collection
                  of them; and
                      (e) perform other duties as required by law.
                      (4) The county attorney shall:
                      (a) ascertain by all practicable means what estate or property within the county has escheated
                  or reverted to the state;
                      (b) require the assessor of taxes of the county to furnish annually a list of all real or personal
                  property that may have so escheated or reverted; and
                      (c) file a copy of the list in the office of the state auditor and of the attorney general.
                      (5) [Subject to Title 67, Chapter 23, Public Attorneys Act, the] The county attorney shall:
                      (a) defend all actions brought against the county;
                      (b) prosecute all actions for the recovery of debts, fines, penalties, and forfeitures accruing
                  to the county;
                      (c) give, when required and without fee, an opinion in writing to county, district, precinct,
                  and prosecution district officers on matters relating to the duties of their respective offices;
                      (d) deliver receipts for money or property received in an official capacity and file duplicates
                  with the county treasurer; and

- 30 -


                      (e) on the first Monday of each month file with the auditor an account verified by oath of
                  all money received in an official capacity during the preceding month, and at the same time pay it
                  over to the county treasurer.
                      (6) A county attorney may not:
                      (a) in any manner consult, advise, counsel, or defend within this state any person charged
                  with any crime, misdemeanor, or breach of any penal statute or ordinance;
                      (b) be qualified to prosecute or dismiss in the name of the county any case in which the
                  county attorney has previously acted as counsel for the accused on the pending charge; or
                      (c) in any case compromise any cause or enter a nolle prosequi after the filing of an
                  information without the consent of the court.
                      (7) The county attorney or his deputy may be sworn as a deputy district attorney for the
                  purpose of public convenience for a period of time and subject to limitations specified by the district
                  attorney.
                      Section 21. Section 17A-2-306 is amended to read:
                       17A-2-306. Bonds.
                      (1) The board of trustees may, at any time after its organization, adopt a resolution
                  determining it desirable to issue the bonds of the district for purposes and in amounts stated in the
                  resolution. The resolution shall specify whether the bonds are payable from taxes or from the
                  operating revenues of the district, or both. Where the bonds are payable from taxes, in whole or in
                  part, the board of trustees shall call a bond election. If at the election, the proposition to issue the
                  bonds is approved, the board of trustees shall issue the bonds in the manner provided in [the] Title
                  11, Chapter 14, Utah Municipal Bond Act. If the bonds are payable solely from the operating
                  revenues of the district, no election is required to approve their issuance, and such bonds shall be
                  issued pursuant to the resolution and in the manner provided in Title 11, Chapter 14, Utah Municipal
                  Bond Act. The board may reduce the amount of bonds.
                      (2) Any bonds authorized prior to April 28, 1986, by an electric service district created
                  pursuant to Chapter 2, Part 3, County Improvement Districts for Water, [Sewage] Sewerage, Flood
                  Control, Electric and Gas [Systems], are considered valid and binding if all of the following

- 31 -


                  conditions have been met:
                      (a) a resolution has been adopted by the board of trustees of the electric service district, prior
                  to April 28, 1986, for the purpose of authorizing the bonds, whether or not these bonds have been
                  issued;
                      (b) the bonds are delivered and paid for;
                      (c) the electric service district which authorized the bonds complied with all of the
                  requirements for electric service districts set forth in Section 17A-2-305 ; and
                      (d) the requirements of Subsection (1) are met.
                      (3) If any bonds have been authorized under the conditions described in Subsection (2), prior
                  to April 28, 1986, the board of trustees of the electric service district may make any necessary
                  changes in the specifications of the bonds or the proceedings authorizing the bonds.
                      Section 22. Section 17A-2-307 is amended to read:
                       17A-2-307. Resolution calling bond election -- Precincts and polling places.
                      If, under the provisions of Section 17A-2-306 , the board shall determine to call an election
                  on the issuance of the bonds, the board shall adopt a resolution directing that an election be held in
                  the district for the purpose of determining whether bonds in the amount, for the purpose, and with
                  the maximum maturity specified in the resolution, shall be issued. The resolution calling the election
                  shall be adopted, notice of the election shall be given, the election shall be held, voters' qualifications
                  shall be determined, and the results thereof canvassed in the manner and subject to the conditions
                  provided for in [the] Title 11, Chapter 14, Utah Municipal Bond Act. The board may for purposes
                  of the election treat the entire district as a single precinct or may divide the district into such
                  precincts and fix such polling places as it may see fit.
                      Section 23. Section 17A-2-309 is amended to read:
                       17A-2-309. Results of bond election -- Resolution -- Issuance of bonds -- Maximum
                  bonded indebtedness.
                      (1) The results of the bond election shall be canvassed by the board of trustees and a
                  resolution adopted by the board declaring the results, and a certified copy of the resolution filed in
                  the records of the district. The results of all subsequent elections shall be similarly canvassed by the

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                  board of trustees and resolutions declaring the results of the elections adopted and filed.
                      (2) If, at the bond election, a majority of the qualified voters voting on any bond proposition
                  vote in favor of the issuance of the bonds, the board of trustees shall proceed to issue the bonds.
                  Bonds may be issued for the purpose of constructing or acquiring any improvement provided in
                  Section 17A-2-301 , or any part or combination of them, or for improving and extending the
                  improvement or combination of improvements, and may include the payment of all legal,
                  engineering, and fiscal agent expenses reasonably incurred in connection with the construction,
                  acquisition, improving, and extending of these improvements and with the authorization and
                  issuance of the bonds. The bonds shall be fully negotiable for all purposes and may not be issued
                  in an amount which, together with all other existing indebtedness of the district then outstanding,
                  will exceed in total principal amount 2.4% of the taxable value of taxable property in the district as
                  computed from the last equalized assessment roll for county purposes made and completed prior to
                  the issuance of the bonds. The taxable value of all tax equivalent property, as defined in Subsection
                  59-3-102 (2), shall be included as a part of the total taxable value of taxable property in the district
                  for purposes of the limitations. Bonds issued in the manner that they are payable solely from
                  revenues to be derived from the operation of all or part of the facilities of the district may not be
                  included as bonded indebtedness of the district for the purpose of this computation. All bonds not
                  payable solely from revenues shall be the general obligations of the district, and the full faith, credit,
                  and resources of the district shall be pledged for their payment; and regardless of any limitations
                  contained elsewhere in the laws of Utah and this part, including Section 17A-2-312 , the board of
                  trustees shall cause to be levied annually on all taxable property in the district taxes sufficient to pay
                  principal and interest on general obligation bonds as principal and interest fall due, or if the bonds
                  are payable primarily from revenues, then anticipate and make up any amounts which may be
                  necessary to pay the principal and interest by reason of deficiencies in revenues. The bonds shall be
                  issued and sold in compliance with [the] Title 11, Chapter 14, Utah Municipal Bond Act.
                      Section 24. Section 17A-2-423 is amended to read:
                       17A-2-423. Resolution calling election for issuing general obligation and revenue
                  bonds.

- 33 -


                      (1) If under the foregoing provisions the board is authorized to call an election on the
                  issuance of the bonds, the board shall adopt a resolution directing that an election be held in the
                  county or service area, as the case may be, for the purpose of determining whether bonds in the
                  amount, for the purpose, and with the maximum maturity specified in the resolution, shall be issued.
                  A proposition for issuing general obligation bonds and a proposition for issuing revenue bonds, or
                  any combination thereof, may be submitted at the same election.
                      (2) Adoption of the resolution calling the election, determination of voters' qualifications,
                  notice and conduct of the election, and the canvass of election results shall be accomplished in the
                  manner prescribed in [the] Title 11, Chapter 14, Utah Municipal Bond Act. The board, for purposes
                  of the election, may treat the entire district as a single precinct or divide the district into several
                  precincts and it may fix such polling places as it [deems] considers appropriate.
                      Section 25. Section 17A-2-543 is amended to read:
                       17A-2-543. Contractual powers -- Bond issues -- Elections -- Limitations -- Uses.
                      Whenever the board of trustees considers it expedient it shall have power, for the purpose
                  of constructing drains, drainage canals and other required improvements necessary to drain lands in
                  the district or conserve the public health or welfare, to make a contract or contracts with the United
                  States providing for the repayment of the principal and such other sums due thereunder at such times
                  as may be agreed upon, or to issue bonds of the district to run not less than five years nor more than
                  40 years, and to bear interest, payable semiannually, at a rate not exceeding 8% per annum to be
                  called "drainage district bonds," which bonds shall not be sold for less than 90% of their par value,
                  and the proceeds of which shall be used for no other purpose than paying the cost of constructing
                  such drains, drainage canals, or other like work considered necessary to drain lands within the
                  district, or conserve the public health or welfare. Before such contract or contracts shall be made or
                  bonds shall be issued, the board of trustees shall request the county legislative body to order, and the
                  county legislative body shall at once order a special election on the question of the issuance of bonds.
                  The persons authorized to vote in, the giving of notice, the forms of ballots, and the manner of
                  holding the election, and canvassing the results of the election, shall be as provided in [the] Title 11,
                  Chapter 14, Utah Municipal Bond Act. The expenses of such election shall be paid out of the funds

- 34 -


                  belonging to the drainage district. The terms and times of payment of the bonds so issued shall be
                  fixed by the board of trustees. The bonds shall be issued for the benefit of the district authorizing
                  the issue and shall bear the name and number of the district. The board of trustees shall keep a record
                  of the bonds issued and sold or otherwise disposed of, and such record will also show the lands
                  embraced in the district. In no case shall the amount of bonds exceed the benefits assessed. Each
                  bond issued shall show expressly upon its face that it is to be paid by a tax assessed, levied, and
                  collected on the lands within the drainage district. The board of trustees shall, by resolution, provide
                  for the issuance and disposal of such bonds and for the payment of the interest thereon, the creation
                  of a sinking fund for the ultimate redemption thereof, and for the date and manner of the redemption
                  of the bonds. The board of [supervisors] trustees may sell or dispose of the bonds either at public or
                  private sale. Before making any such sale, either private or public, the board of trustees shall give
                  due notice of their intention to sell or dispose of the bonds, by publishing notice of sale at least once
                  a week for four consecutive weeks in some newspaper having general circulation in the state and in
                  the county where the district is situated, and by publishing in any other publication they consider
                  advisable. The notice shall state that sealed proposals will be received by the board of trustees at
                  their office, for the purchase of the bonds, until the day and hour fixed by the board of trustees. At
                  the time appointed the board of trustees shall open the proposals, and award the purchase of the
                  bonds to the highest responsible bidder, or may reject all bids. In case no bid is made and accepted
                  as above provided, the board of trustees is hereby authorized to use the bonds for the construction
                  of any ditches, drain or drains, drainage canal or drainage canals, or any other required improvement
                  considered necessary to drain lands or for the public health or welfare.
                      Section 26. Section 17A-2-556 is amended to read:
                       17A-2-556. Form of release and discharge.
                      The release and discharge shall be substantially in the following form:
                      Release and discharge from liability for payment of the bonded indebtedness of ____
                  drainage district in ____ county, Utah, and from the lien of the equalized assessment of benefits and
                  taxes and the benefit assessment roll.
                      Whereas, on [the] __________(month\day\year), ____ (the owner, part owner, mortgagee or

- 35 -


                  other lien holders, as the case may be) paid to the county treasurer of ____ county, (in lawful money
                  of the United States, or bonds, notes, warrants or matured interest coupons of the district, as the case
                  may be) the sum of $____, being the total amount of the unpaid drainage district equalized
                  assessment of benefits and taxes levied and assessed against that certain tract, lot or parcel of land
                  located in ____ drainage district in ____ county, Utah, and particularly bounded and described as
                  follows, to wit: (Insert description of property) ____ and, ____.
                      Whereas, there is on file with the treasurer of this drainage district a receipt showing payment
                  in full,
                      Now, Therefore, in consideration of such payment and pursuant to law, the undersigned
                  drainage district does by these presents release and discharge the above described tract, lot or parcel
                  of land from the lien of and from the payment of all of the bonded indebtedness now existing against
                  the same, and from the payment of any bonds now issued or that may hereafter be issued to refund
                  the same, or any part thereof, and from the payment of any notes or warrants of the district heretofore
                  issued or that may hereafter be issued in payment of interest on the indebtedness or refunded
                  indebtedness, and releases and discharges said tract, lot or parcel of land from the payment of any
                  of the unpaid equalized assessment of benefits and taxes levied or assessed against the same and
                  from the lien of the benefit assessment roll of said drainage district.
                      In Witness Whereof, the said drainage district has executed this instrument and caused its
                  corporate name and corporate seal to be hereunto affixed by its chair and secretary this
                  __________(month\day\year), pursuant to a resolution of its board of trustees.
                      Attest:
________________________________

                 
(Name of drainage district.)

                 
By ______________,

                 
President

                  ______________
                  Secretary.
                      The written release and discharge may be acknowledged before any officer authorized to take
                  acknowledgments of deeds. The form of acknowledgment shall be substantially as follows: State

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                  of Utah, ss.
                  County of ____
                      On [the] __________(month\day\year), personally appeared before me ____, who being by
                  me duly sworn, did say that he is the chair of ____ drainage district which executed the above and
                  foregoing instrument and that the instrument was signed in behalf of the drainage district by
                  authority of a resolution of its board of trustees, and ____ acknowledged to me that the drainage
                  district executed the same.
                 
______________

                 
Notary Public.

                  My Commission expires: ____(month\day\year)
Residing at: ____.

                      Section 27. Section 17A-2-712 is amended to read:
                       17A-2-712. Additional powers of board.
                      (1) In addition to any of the powers granted in this part, the board of trustees of any irrigation
                  district may acquire, purchase, construct, improve, enlarge, and operate, or contract for the
                  construction, improvement, enlargement, and operation of:
                      (a) reservoir sites, reservoirs, water, water filings, water rights, canals, ditches, and all other
                  related structures and works necessary or proper for the storage and conveyance of water for
                  irrigation purposes and all other structures and facilities necessary or proper for the purposes of the
                  irrigation district; and
                      (b) facilities for the generation of hydroelectric power and all other related structures and
                  works necessary or proper for the generation of electricity, including hydroelectric power plants,
                  turbine generators, penstocks, transformers, electrical equipment, and other facilities related to
                  hydroelectric production plants, not including transmission facilities related to hydroelectric
                  production plants.
                      (2) In addition to any of the powers granted in this part, the board of trustees of any irrigation
                  district may enter into contracts for the sale of all or a portion of the electric power generated at a
                  hydroelectric power plant, whether or not the electric power to be sold is surplus to the needs of the
                  district, for the periods of time and under the terms and conditions the board deems necessary in

- 37 -


                  order to accomplish the purposes of the district. Any sale of the electric power may be for the period
                  and upon the terms and conditions as may be provided in contracts authorized by the board and
                  entered into by the district and any purchaser of the electric power having, at the time of the
                  commencement of the acquisition and construction of the electric power plant by the district, a
                  system for distributing the electric power. Any revenues received by the district pursuant to power
                  sale contracts may be used and pledged for the payment of the principal of and interest and any
                  premium on bonds or notes of the district issued to pay all or part of the cost of acquiring,
                  constructing, improving, or enlarging the facilities from which the hydroelectric power is generated,
                  or for any other lawful purpose of the district. The boards of trustees of any two or more irrigation
                  districts may, by appropriate resolutions, enter into agreements with one another by which the
                  districts may jointly or cooperatively exercise any of the powers conferred by this section.
                      (3) The board may issue revenue bonds of the district, in the manner provided in this section:
                      (a) to pay for all or part of the costs of the acquisition, construction, improvement, or
                  enlargement of any facilities described in Subsection (1) and other related structures and works and
                  to pay expenses preliminary and incidental thereto;
                      (b) to pay interest on the bonds during acquisition, construction, improvement, or
                  enlargement; and
                      (c) to provide for necessary reserves and to pay costs of issuance and sale of the bonds,
                  including, without limitation, printing, registration, and transfer costs, legal, financial advisor's, and
                  rating agency fees, insurance premiums, and underwriter's discount.
                      (4) The board may provide that any revenue bonds issued and sold under this section shall
                  be payable solely out of a special fund into which the district issuing the revenue bonds shall be
                  obligated to deposit, as from time to time received, all or a designated portion of the proceeds from
                  the sale of the services furnished by the facilities of the irrigation district, including the facilities to
                  be so acquired, constructed, improved, or enlarged, all pursuant to contracts to be entered into as
                  authorized in this section.
                      (5) Revenue bonds of the district issued under the authority of this section shall be issued
                  and sold in compliance with Title 11, Chapter 14, Utah Municipal Bond Act, and may be in the form

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                  and denominations and have the provisions and details as are permitted by [the] Title 11, Chapter
                  14, Utah Municipal Bond Act. The bonds and any evidences of participation interests in the bonds
                  may be issued, executed, authenticated, registered, transferred, exchanged, and otherwise made to
                  comply with Title 15, Chapter 7, Registered Public Obligations Act, or any other statute relating to
                  the registration of bonds enacted to meet the requirements of Section 149(a) of the Internal Revenue
                  Code of 1986, or any similar or successor federal law, and applicable regulations. Bonds may be
                  issued under the authority of this section at one time or from time to time. If more than one issue
                  or series of bonds is delivered under the authority of this section, the bonds of the respective issue
                  or series shall have the priorities of payment as provided in the proceedings authorizing the bonds.
                      (6) Any resolution authorizing revenue bonds may contain covenants with the future holders
                  of the bonds as to:
                      (a) the management and operation of the facilities of the irrigation district, including the
                  facilities acquired, constructed, improved, enlarged, or operated pursuant to this section;
                      (b) the imposition and collection of rates for the services furnished thereby;
                      (c) the disposition of the revenues;
                      (d) the issuance of future bonds and the creation of future liens and encumbrances against
                  these facilities and the revenues thereof;
                      (e) the carrying of insurance on these facilities and the disposition of the proceeds of
                  insurance;
                      (f) the sale, disposal, or alienation of these facilities; and
                      (g) other pertinent matters deemed necessary or proper by the board to assure the
                  merchantability of the bonds. These covenants and agreements may not be inconsistent with this
                  section.
                      (7) When a district has issued revenue bonds and pledged for the payment thereof any
                  revenues of the facilities of the irrigation district, including the facilities acquired, constructed,
                  improved, enlarged, or operated pursuant to this section, the district shall establish rates and collect
                  fees and charges for the services furnished by these facilities in that amount and at those rates which
                  will be fully sufficient at all times to pay the expenses of operating and maintaining these facilities,

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                  to provide a special fund sufficient to assure the prompt payment of principal of and interest on the
                  bonds as principal and interest fall due, and to provide funds for reserves and contingencies and for
                  a depreciation fund for repairs, extensions, and improvements to these facilities as considered
                  necessary to assure adequate and efficient service, all as required by the bond resolution. No board
                  or commission other than the board of trustees of the district has authority over or is required to
                  approve the making or fixing of the fees and charges or the acquisition of property by the district or
                  the issuance of its bonds.
                      (8) Any restrictions, limitations, or regulations in any other section of this part relative to
                  the issuance of bonds or the execution of contracts pursuant to the authority contained in this section
                  do not apply to the revenue bonds issued under this section or the execution of contracts under the
                  authority of this section. Sections 17A-2-750 , 17A-2-751 , 17A-2-752 , and 17A-2-753 do not apply
                  to any contract entered into by an irrigation district under this section, nor to the issuance of any
                  revenue bonds by an irrigation district under this section.
                      Section 28. Section 17A-2-747 is amended to read:
                       17A-2-747. Returns and canvass of election.
                      The board of trustees shall name a day for canvassing the returns of election, and if it appears
                  that a majority of the votes cast are "For Dissolution -- Yes," then the board of trustees shall declare
                  the district to be disorganized, and shall certify to the county clerk of the county in which the office
                  of the district is located, stating the number of signers to the petition and the number of acre-feet of
                  water allotted to them; that the election was called and set for [the _____ day of ________ month
                  of _____ year] _____________(month/day/year), that the election was held and that so many votes
                  (stating the number) had been cast for, and that so many votes (stating the number) had been cast
                  against the proposition; the certificates to bear the seal of the district, and the signatures of the chair
                  and secretary of the board of trustees. And it shall be the duty of the clerk to have such certificate
                  recorded with the county recorder of the respective counties embracing any lands of the district.
                  Should it appear that a majority of the votes cast at the election were "For Dissolution -- No," then
                  the board of directors shall declare the proposition lost and shall cause the result and the vote to be
                  made a part of the records of the irrigation district.

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                      Section 29. Section 17A-2-826 is amended to read:
                       17A-2-826. Sale of bonds.
                      Bonds issued under this part shall be sold in compliance with the provisions of [the] Title 11,
                  Chapter 14, Utah Municipal Bond Act.
                      Section 30. Section 17A-2-1037 is amended to read:
                       17A-2-1037. Elections.
                      All district elections shall be held in accordance with the provisions of the elections code of
                  the state of Utah as they now exist or may be amended for the holding of elections in general law
                  cities in so far as the same are not in conflict with this part; provided all elections upon the issuance
                  of bonds of a district shall be called, held, and conducted pursuant to the provisions of [the] Title 11,
                  Chapter 14, Utah Municipal Bond Act, and the provisions of the election code shall not be applicable
                  to any such bond election.
                      Section 31. Section 17A-2-1038 is amended to read:
                       17A-2-1038. Board of trustees -- Appointment -- Apportionment -- Qualifications --
                  Quorum -- Compensation -- Terms.
                      (1) (a) All powers, privileges, and duties vested in any incorporated district shall be
                  performed by a board of trustees.
                      (b) The board may delegate the exercise of any duty to any of the offices created under this
                  part.
                      (2) If 200,000 people or [less] fewer reside within the district boundaries:
                      (a) the board of trustees shall consist of trustees appointed by the legislative bodies of each
                  municipality, county, or unincorporated area within any county on the basis of one trustee for each
                  full unit of regularly scheduled passenger routes proposed to be served by the district in each
                  municipality or unincorporated area within any county in the following calendar year;
                      (b) the number of service miles comprising a unit shall be determined jointly by the
                  legislative bodies of the municipalities or counties comprising the district;
                      (c) trustees shall be appointed and added to the board or omitted from the board at the time
                  scheduled routes are changed, or as municipalities, counties, or unincorporated areas of counties

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                  annex to or withdraw from the district using the same appointment procedures; and
                      (d) municipalities, counties, and unincorporated areas of counties in which regularly
                  scheduled passenger routes proposed to be served by the district in the following calendar year is less
                  than a full unit, as defined in Subsection (2)(a), may combine with any other similarly situated
                  municipality or unincorporated area to form a whole unit and may appoint one trustee for each whole
                  unit formed.
                      (3) If more than 200,000 people reside within the district boundaries, the board of trustees
                  shall consist of 15 trustees appointed as described under Subsections (4) and (5).
                      (4) (a) Except as provided under Subsections (4)(b) and (c), the board shall apportion
                  members to each county within the district based on:
                      (i) from the effective date of this act until the apportionment following the year 2000
                  decennial United States Census Bureau report, the proportion of population included in the district
                  and residing within each county, rounded to the nearest 1/15 of the total transit district population;
                  and
                      (ii) beginning with the first apportionment following the year 2000 decennial United States
                  Census Bureau report, an average of:
                      (A) the proportion of population included in the district and residing within each county,
                  rounded to the nearest 1/15 of the total transit district population; and
                      (B) the proportion of transit sales and use tax collected from areas included in the district
                  and within each county, rounded to the nearest 1/15 of the total transit sales and use tax collected for
                  the transit district.
                      (b) The board shall join an entire or partial county not apportioned a member under this
                  subsection with an adjacent county for representation. The combined apportionment basis included
                  in the district of both counties shall be used for the apportionment.
                      (c) If rounding to the nearest 1/15 of the total transit district apportionment basis under
                  Subsection (4)(a) results in an apportionment of:
                      (i) more than 15 members, the county or combination of counties with the smallest
                  additional fraction of a whole member proportion shall have one less member apportioned to it; or

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                      (ii) less than 15 members, the county or combination of counties with the largest additional
                  fraction of a whole member proportion shall have one more member apportioned to it.
                      (5) (a) If the unincorporated area of a county is at least 1/15 of the district's population, the
                  county executive, with the advice and consent of the county legislative body, shall appoint one
                  trustee to represent each 1/15 of the district's population within a county's unincorporated area
                  population.
                      (b) If a municipality's population is at least 1/15 of the district's population, the chief
                  municipal executive, with the advice and consent of the municipal legislative body, shall appoint one
                  trustee to represent each 1/15 of the district's population within a municipality.
                      (c) The number of trustees appointed from a county and municipalities within a county under
                  Subsections (5)(a) and (b) shall be subtracted from the county's total member apportionment under
                  Subsection (4).
                      (d) If the entire county is within the district, the remaining trustees for the county shall
                  represent the county or combination of counties if Subsection (4)(b) applies, or the municipalities
                  within the county.
                      (e) If the entire county is not within the district, and the county is not joined with another
                  county under Subsection (4)(b), the remaining trustees for the county shall represent a municipality
                  or combination of municipalities.
                      (f) Except as provided under Subsections (5)(a) and (b), trustees representing counties,
                  combinations of counties if Subsection (4)(b) applies, or municipalities within the county shall be
                  designated and appointed by a simple majority of the chief executives of the municipalities within
                  the county or combinations of counties if Subsection (4)(b) applies. The appointments shall be made
                  by joint written agreement of the appointing municipalities, with the consent and approval of the
                  county legislative body of the county that has at least 1/15 of the district's apportionment basis.
                      (g) Trustees representing a municipality or combination of municipalities shall be designated
                  and appointed by the chief executive officer of the municipality or simple majority of chief executive
                  officers of municipalities with the consent of the legislative body of the municipality or
                  municipalities.

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                      (h) The appointment of trustees shall be made without regard to partisan political affiliation
                  from among citizens in the community.
                      (i) Each trustee shall be a bona fide resident of the municipality, county, or unincorporated
                  area or areas which the trustee is to represent for at least six months before the date of appointment,
                  and must continue in that residency to remain qualified to serve as a trustee.
                      (j) (i) Each trustee whose term has not expired and is serving on the effective date of this act
                  shall continue to serve as a trustee until the expiration of the term for which the trustee was
                  appointed, subject to the term limitations under which the trustee was initially appointed.
                      (ii) Beginning on the effective date of this act, any vacancy for which the successor has not
                  taken the oath of office shall be filled in the following order:
                      (A) by a municipality eligible to make an appointment under Subsection (5)(b);
                      (B) by a county eligible to make an appointment for its unincorporated area under Subsection
                  (5)(a); and
                      (C) as otherwise provided under this section.
                      (k) (i) All population figures used under this section shall be derived from the most recent
                  official census or census estimate of the United States Bureau of the Census.
                      (ii) If population estimates are not available from the United States Bureau of Census,
                  population figures shall be derived from the estimate from the Utah Population Estimates
                  Committee.
                      (iii) All transit sales and use tax totals shall be obtained from the Tax Commission.
                      (l) After the initial apportionment immediately following the effective date of this act, the
                  board shall be apportioned as provided under this section in conjunction with the decennial United
                  States Census Bureau report every ten years.
                      (6) (a) Except the initial trustees, the terms of office of the trustees shall be three years or
                  until their successors are appointed, qualified, seated, and have taken the oath of office.
                      (b) At the first meeting of the initial trustees, the directors shall designate by the drawing of
                  lots 1/3 of their number to serve for one-year terms, 1/3 for two-year terms, and 1/3 for three-year
                  terms.

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                      (c) A trustee may not be appointed for more than two successive full terms.
                      (7) (a) Vacancies shall be filled by the official appointing the member creating the vacancy
                  for the unexpired term, unless the official fails to fill the vacancy within 90 days.
                      (b) If the appointing official under Subsection (2) does not fill the vacancy within 90 days,
                  the board of trustees of the authority shall fill the vacancy.
                      (c) If the appointing official under Subsection (5) does not fill the vacancy within 90 days,
                  the governor, with the advice and consent of the Senate, shall fill the vacancy.
                      (8) (a) Each trustee may cast one vote on all questions, orders, resolutions, and ordinances
                  coming before the board of trustees.
                      (b) A majority of all members of the board of trustees are a quorum for the transaction of
                  business.
                      (c) The affirmative vote of a majority of all trustees present at any meeting at which a
                  quorum was initially present shall be necessary and, except as otherwise provided, is sufficient to
                  carry any order, resolution, ordinance, or proposition before the board of trustees.
                      (9) The district shall pay to each trustee:
                      (a) an attendance fee of $50 per board or committee meeting attended, not to exceed $200
                  in any calendar month to any trustee; and
                      (b) reasonable mileage and expenses necessarily incurred to attend board or committee
                  meetings.
                      (10) (a) Members of the initial board of trustees shall convene at the time and place fixed
                  by the chief executive officer of the entity initiating the proceedings.
                      (b) Immediately upon convening, the board of trustees shall elect from its membership a
                  president, vice president, and secretary who shall serve for a period of two years or until their
                  successors shall be elected and qualified.
                      (11) At the time of a trustee's appointment or during a trustee's tenure in office, a trustee may
                  not hold:
                      (a) any elected public office with the United States, the state, or any political subdivision of
                  either; or

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                      (b) any employment, except as an independent contractor, with a county or municipality
                  within the district.
                      Section 32. Section 17A-2-1058 is amended to read:
                       17A-2-1058. District may issue bonds.
                      Any district organized under this part may, in the manner and subject to the limitations and
                  restrictions contained in [the Utah Municipal Bond Act,] Title 11, Chapter 14, Utah Municipal Bond
                  Act, authorize, issue and dispose of its negotiable bonds for purposes of paying all or part of the cost
                  of acquiring, improving, or extending any one or more improvements, facilities, or property
                  authorized to be acquired under this part.
                      Section 33. Section 17A-2-1225 is amended to read:
                       17A-2-1225. Adoption, rejection, or modification of plan -- Plan submitted to voters
                  -- When rejection required -- Petition for alternative plan.
                      (1) Once the hearings have been held, the legislative body may proceed to adopt, reject, or
                  modify the project area redevelopment plan. The project area redevelopment plan may not be
                  modified so as to add any real property to the project area without the legislative body holding a new
                  hearing to consider the matter, notice of which shall be given in the same manner as provided in
                  Section 17A-2-1222 .
                      (2) (a) If the owners of 40% of the area of the property included within the project area
                  proposed in the redevelopment plan, excluding property owned by public agencies or dedicated to
                  public use, make objections in writing prior to or at the hearing and the objections are not withdrawn
                  at or prior to the hearing, the plan may not be adopted until the proposition to so adopt the plan has
                  been approved by a majority of the registered voters of the community voting thereon at an election
                  called for this purpose.
                      (b) This election may be held on the same day and with the same election officials as any
                  primary or general election held in the community and shall be held as nearly as practicable in
                  conformity with the general election laws of the state.
                      (c) Upon the approval by the voters as set forth in Subsection (2)(a), the project area
                  redevelopment plan shall be [deemed] considered adopted and the legislative body shall confirm the

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                  adoption by ordinance.
                      (3) If the owners of [two-thirds] 2/3 of the area of the property included within any project
                  area proposed in the redevelopment plan, excluding property owned by public agencies or dedicated
                  to public use, make objections in writing at or prior to the hearing, the legislative body may not adopt
                  the project, and the proposed project may not be reconsidered by the legislative body for a period of
                  three years.
                      (4) (a) Projects for which a preliminary plan has been prepared after April 1, 1993, and for
                  which any of the following have occurred after July 1, 1993: the completion of the agency blight
                  study, and the good faith commencement of the hearing by the agency under Section 17A-2-1221 ,
                  must adopt a plan within one year after a project area is designated under Section 17A-2-1206 for
                  a redevelopment plan where the purpose is the elimination of blight, and within one year after a
                  preliminary plan is prepared for a redevelopment plan where the purpose is economic development
                  or education housing development.
                      (b) If the plan will be submitted to an election for approval by the registered voters of a
                  community, the time limit for the plan adoption shall be increased by the time between the close of
                  the public hearing held pursuant to Section 17A-2-1221 and the date of the next general election
                  within the community.
                      (5) A majority of the owners of the area of the property included within the project area,
                  excluding property owned by public agencies or dedicated to public use, may file a written petition
                  requesting an alternative preliminary plan be formulated pursuant to Section 17A-2-1211 .
                      Section 34. Section 17A-2-1236 is amended to read:
                       17A-2-1236. Actions on validity or enforceability of bonds -- Time for bringing action.
                      (1) In any suit, action, or proceeding involving the validity or enforceability of any bond
                  issued under this part or the security for them, any such bond reciting in substance that it has been
                  issued by the agency in connection with an area redevelopment, education housing development, or
                  economic development project shall be conclusively [deemed] considered to have been issued for
                  that purpose and the project shall be conclusively [deemed] considered to have been planned,
                  located, and carried out in accordance with the provisions of this part.

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                      (2) For a period of 30 days after the publication of the resolution authorizing the bonds, or
                  a notice of bonds to be issued by the agency containing those items described in Subsection
                  11-14-21 (3) in a newspaper having general circulation in the area of operation, any person may
                  contest the legality of the resolution authorizing any bonds or any provisions made for the security
                  and payment of the bonds. After the 30-day period no one has any cause of action to contest the
                  regularity, formality, or legality of the bonds for any cause whatsoever.
                      Section 35. Section 17A-2-1264 is amended to read:
                       17A-2-1264. Affordable housing funds under redevelopment plans adopted on or after
                  July 1, 1998.
                      (1) As used in this section:
                      (a) "Affordable housing" has the meaning as defined under Subsection 17A-2-1263 (6).
                      (b) "Annual income" has the meaning as defined under regulations of the U.S. Department
                  of Housing and Urban Development, 24 CFR, Part 813, as amended or as superseded by replacement
                  regulations.
                      (c) "Board" means the Olene Walker Housing Trust Fund Board, established under Title 9,
                  Chapter 4, Part 7, Olene Walker Housing Trust Fund.
                      (d) "Fair share ratio" means the ratio derived by:
                      (i) for a city or town, comparing the percentage of all housing units within the city or town
                  that are publicly subsidized income targeted housing units to the percentage of all housing units
                  within the whole county that are publicly subsidized income targeted housing units; or
                      (ii) for the unincorporated part of a county, comparing the percentage of all housing units
                  within the unincorporated county that are publicly subsidized income targeted housing units to the
                  percentage of all housing units within the whole county that are publicly subsidized income targeted
                  housing units.
                      (e) "Family" has the meaning as defined under regulations of the U.S. Department of
                  Housing and Urban Development, 24 CFR, Part 813, as amended or as superseded by replacement
                  regulations.
                      (f) "Housing funds" means the funds allocated in the project area budget under Subsection

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                  (2)(a) for the purposes provided in Subsection (3).
                      (g) "Income targeted housing" means housing to be owned or occupied by a family whose
                  annual income is at or below 80% of the median annual income for the county in which the housing
                  is located.
                      (h) "Unincorporated" means not within a city or town.
                      (2) (a) A project area budget for a redevelopment plan that is adopted on or after July 1,
                  1998, may allocate tax increment funds payable to the agency over the life of the redevelopment plan
                  for use as provided in Subsection (3).
                      (b) (i) Beginning May 1, 2000, before an agency may adopt a project area budget that
                  allocates tax increment funds under Subsection (2)(a), the agency shall prepare and adopt a housing
                  plan showing the uses for the housing funds and provide a copy of the plan to the taxing agency
                  committee and board.
                      (ii) If an agency amends a housing plan prepared under Subsection (2)(b)(i), the agency shall
                  provide a copy of the amendment to the taxing agency committee and board.
                      (c) (i) If an agency fails to provide housing funds in accordance with the project area budget
                  and the housing plan, if applicable, the board may bring legal action to compel the agency to provide
                  the housing funds.
                      (ii) In an action under Subsection (2)(c)(i), the court:
                      (A) shall award the board a reasonable attorney's fee, unless the court finds that the action
                  was frivolous; and
                      (B) may not award the agency its attorney's fees, unless the court finds that the action was
                  frivolous.
                      (3) (a) Each agency shall use all housing funds allocated under Subsection (2)(a) to:
                      (i) pay part or all of the cost of land or construction of income targeted housing within the
                  community that created the agency, if practicable in a mixed income development or area;
                      (ii) pay part or all of the cost of rehabilitation of income targeted housing within the
                  community that created the agency;
                      (iii) pay part or all of the cost of land or installation, construction, or rehabilitation of any

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                  building, facility, structure, or other housing improvement, including infrastructure improvements,
                  related to housing located in a redevelopment project area where blight has been found to exist;
                      (iv) replace housing units lost as a result of the redevelopment, education housing
                  development, or economic development;
                      (v) make payments on or establish a reserve fund for bonds:
                      (A) issued by the agency, the community, or the housing authority that provides income
                  targeted housing within the community; and
                      (B) all or part of the proceeds of which are used within the community for the purposes
                  stated in Subsection (3)(a)(i), (ii), (iii), or (iv); or
                      (vi) if the community's fair share ratio at the time of the first adoption of the project area
                  budget is at least 1.1 to 1.0, make payments on bonds:
                      (A) that were previously issued by the agency, the community, or the housing authority that
                  provides income targeted housing within the community; and
                      (B) all or part of the proceeds of which were used within the community for the purposes
                  stated in Subsection (3)(a)(i), (ii), (iii), or (iv).
                      (b) As an alternative to the requirements of Subsection (3)(a), an agency may pay all housing
                  funds to:
                      (i) the community for use as provided under Subsection (3)(a);
                      (ii) the housing authority that provides income targeted housing within the community for
                  use in providing income targeted housing within the community; or
                      (iii) the Olene Walker Housing Trust Fund, established under Title 9, Chapter 4, Part 7,
                  Olene Walker Housing Trust Fund, for use in providing income targeted housing within the
                  community.
                      (4) The agency or community shall hold the housing funds, together with all interest earned
                  by the housing funds and all payments or repayments for loans, advances, or grants from the housing
                  funds, in a separately designated account until the funds are used pursuant to this section.
                      (5) In using housing funds under Subsection (3)(a), an agency may lend, grant, or contribute
                  housing funds to a person, public body, housing authority, private entity or business, or nonprofit

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                  organization for use as provided in Subsection (3)(a).
                      (6) An agency may:
                      (a) issue bonds from time to time to finance a housing undertaking under this section,
                  including the payment of principal and interest upon advances for surveys and plans or preliminary
                  loans; and
                      (b) issue refunding bonds for the payment or retirement of bonds under Subsection (6)(a)
                  previously issued by the agency.
                      (7) Expenditures or obligations incurred by an agency under this section shall constitute an
                  indebtedness incurred by the agency.
                      Section 36. Section 17A-2-1312 is amended to read:
                       17A-2-1312. General obligation bonds authorized by petition of property owners --
                  Contest.
                      (1) With respect to any service district established under this part, if there is no individual
                  residing in the service district, such that compliance with the election requirements of Article XIV,
                  Section 8, Utah Constitution, and Section 11-14-2 is otherwise impossible, then, 75% of the owners
                  of real property located in the district, as shown on the most recent assessment roll of the county or
                  municipality, as the case may be, may by written petition require the governing body of the county
                  or municipality which established the service district to issue general obligation bonds pledging the
                  full faith and credit of the district in an amount which may lawfully be issued by the district but not
                  to exceed the amount set forth in the petition. Except for the election provisions of [the] Title 11,
                  Chapter 14, Utah Municipal Bond Act, the bonds required to be issued shall be issued in accordance
                  with [the] Title 11, Chapter 14, Utah Municipal Bond Act. Any such petition to require issuance of
                  bonds shall be equivalent to and have the same force and effect as an election approving the issuance
                  of the bonds by a majority of the qualified electors of the district.
                      (2) Upon receiving the petition described in Subsection (1), the governing body of the county
                  or municipality which established the district shall proceed to issue the bonds in accordance with
                  [the] Title 11, Chapter 14, Utah Municipal Bond Act.
                      (3) The determination by the governing body that 75% of the owners of real property located

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                  in the district have duly filed a written petition requiring the issuance of bonds as provided in
                  Subsection (1), shall be conclusive in any action or proceeding involving the validity of the petition
                  or the district's authority to issue the bonds instituted after the expiration of the period provided in
                  Subsection (4), for the filing of actions contesting the validity of the bonds and after the date of
                  delivery of and payment for any part of the bonds.
                      (4) When the validity of any bond issue under this section is contested, the plaintiff or
                  plaintiffs shall, within 40 days after the validity of the petition has been declared by the governing
                  body, file with the clerk of the district court of the county in which the district is located, a verified
                  written complaint setting forth specifically:
                      (a) the name of the party contesting the issuance of the bonds, and that he is an owner of
                  property within the district; and
                      (b) the grounds of such contest. No such contest may be maintained and the issuance of the
                  bonds may not be set aside or held invalid unless such a complaint is filed within the period
                  prescribed in this section.
                      Section 37. Section 17A-2-1316 is amended to read:
                       17A-2-1316. Borrowing power -- Issuance of bonds and notes -- Use of proceeds.
                      (1) A service district may borrow money and incur indebtedness, issuing its bonds or notes
                  therefor, including, without limitation:
                      (a) bonds payable in whole or in part from taxes levied on the taxable property in the service
                  district;
                      (b) bonds payable from revenues derived from the operation of revenue-producing facilities
                  of the service district;
                      (c) bonds payable from both such revenues and taxes;
                      (d) guaranteed bonds, payable in whole or in part from taxes levied on the taxable property
                  in the service district;
                      (e) tax anticipation notes;
                      (f) bond anticipation notes;
                      (g) refunding bonds; and

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                      (h) bonds payable in whole or in part from mineral lease payments as provided in Section
                  11-14-17.6 .
                      (2) Tax anticipation notes are notes issued in anticipation of the collection of taxes and other
                  revenues of a service district which are due and payable in not more than one year from their date
                  of issue and, together with all other such notes then outstanding, do not exceed the estimated amount
                  of taxes and other revenues to be collected from the date of issue until maturity.
                      (3) Bond anticipation notes are notes issued in anticipation of the receipt of the proceeds of
                  bonds of the service district.
                      (4) All these bonds and notes shall be issued and sold in the manner, at either public or
                  private sale, shall be in the form, and signed by the person or persons, who may, but need not, be
                  officers of the county or municipality which established the service district and generally shall be
                  issued in the manner and with the details as is provided for in proceedings of the governing authority
                  of the service district authorizing the issuance of the bonds or notes; but all these bonds and notes
                  and the interest on them shall be exempt from all taxation in this state, except for the corporate
                  franchise tax, and all these bonds and notes may contain those terms and provisions as are permitted
                  by and shall be issued in compliance with Title 11, Chapter 14, [the] Utah Municipal Bond Act.
                      (5) The proceeds of bonds or notes issued under the authority of this part shall be used to pay
                  the costs of acquisition or construction of service district facilities or the providing of services
                  including, without limitation:
                      (a) all costs of planning, designing, acquiring, and constructing a facility, including
                  architectural, planning, engineering, legal, and fiscal advisor's costs;
                      (b) all costs incident to the authorization and issuance of the bonds or notes, including
                  accountants' fees, attorneys' fees, financial advisors' fees, underwriting fees, including underwriting
                  fees or bond discount, and other professional services and printing costs;
                      (c) interest estimated to accrue on bonds or notes for a reasonable time before, during, and
                  for a reasonable time after the completion of the acquisition or construction of the facilities or
                  services; and
                      (d) all amounts deemed necessary to establish one or more bond reserves and maintenance,

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                  repair, replacement, contingency funds and accounts, and all amounts necessary to provide working
                  capital for the facility.
                      Section 38. Section 17A-2-1322 is amended to read:
                       17A-2-1322. Tax levy and bonds -- Approval by majority of electors voting in election
                  -- Procedure for election.
                      (1) The governing authority of a county or municipality which has established a service
                  district may levy a tax on all taxable property within the service district in addition to all other taxes
                  on such property levied or imposed by the county or municipality or by any other public corporation,
                  district, or political subdivision in which the service district is located, and may also issue bonds
                  payable in whole or in part from these taxes. No tax may be levied and no bonds or guaranteed
                  bonds shall be issued, however, unless authorized, except as otherwise provided in Section
                  17A-2-1325 , by a majority of the qualified electors of the service district voting at an election for
                  that purpose held as provided in this section.
                      (2) The proposition to levy the tax or to issue the bonds shall be submitted to the qualified
                  electors of the service district at an election called and held and for which notice is given in the same
                  manner as is provided in [the] Title 11, Chapter 14, Utah Municipal Bond Act, for the holding of
                  bond elections. The proposition shall state the purpose or purposes for which the taxes are to be
                  levied or the bonds are to be issued. In addition, a proposition for the issuance of bonds shall state
                  the maximum amount of bonds to be issued, the maximum number of years from their respective
                  dates for which the bonds may run, and, if the bonds are to be payable in whole or in part from taxes,
                  that fact and that taxes may be levied on all taxable property in the service district to pay the
                  principal of and interest on the bonds. The purpose or purposes may be stated in general terms and
                  need not specify the particular projects or services for which the taxes are to be levied or the bonds
                  are to be issued nor the specific amount of the proceeds of the taxes or of the bonds to be expended
                  for each project or service. If bonds are to be payable in part from tax proceeds and in part from the
                  operating revenues of the service district or from any combination of them, the proposition shall so
                  indicate but need not specify how the bonds are to be divided as to source of payment. If the bonds
                  are to be issued as guaranteed bonds, the proposition shall also clearly state that fact together with

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                  the name or names of the guarantors. A proposition for the levy of taxes and for the issuance of
                  bonds may be combined as a single proposition.
                      Section 39. Section 17A-2-1413 is amended to read:
                       17A-2-1413. District powers -- Powers of board of trustees -- Other provisions
                  applicable.
                      (1) (a) Each water conservancy district established under this part:
                      (i) shall have perpetual succession; and
                      (ii) except as provided in Subsection (1)(b), may exercise the power of eminent domain, as
                  provided by law, to take any property necessary to exercise powers granted to the district.
                      (b) Notwithstanding Subsection (1)(a)(ii), a water conservancy district may not:
                      (i) exercise the power of eminent domain to acquire title to or beneficial use of vested water
                  rights for transmountain diversion; and
                      (ii) carry or transport water in transmountain diversion, the title to which has been acquired
                  by a municipality by virtue of eminent domain proceedings.
                      (2) The board of trustees may, on behalf of the district:
                      (a) take by appropriation, grant, purchase, bequest, devise, or lease, and hold and enjoy
                  water, waterworks, water rights, sources of water supply, and any real and personal property within
                  or without the district necessary or convenient to exercise fully its powers;
                      (b) sell, lease, encumber, alienate, or otherwise dispose of water, waterworks, water rights,
                  and sources of water supply for any beneficial use within or without the district, and fix rates and
                  terms for the sale, lease, or other disposal of water;
                      (c) acquire, construct, operate, control, and use any works or facilities within or without the
                  district necessary or convenient to exercise its powers;
                      (d) construct, establish, or maintain works or facilities:
                      (i) across or along any public street or highway;
                      (ii) in, upon, or over any vacant public lands which are now, or may become, the property
                  of this state in accordance with Title 53C, School and Institutional Trust Lands Management Act,
                  and Title 65A, State Lands, except that any such action upon school or institutional trust lands may

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                  only be undertaken with the consent of the director of the School and Institutional Trust Lands
                  Administration, acting pursuant to Sections 53C-1-102 and 53C-1-303 ; or
                      (iii) across any streams of water or watercourses;
                      (e) contract with any agency of the United States, person, or corporation, public or private,
                  for the construction, preservation, operation, or maintenance of tunnels, drains, pipelines, reservoirs,
                  regulating basins, diversion canals and works, dams, power plants, and any necessary incidental
                  works;
                      (f) acquire perpetual rights to the use of water from the works referred to in Subsection (2)(e)
                  and to sell perpetual rights to the use of water from those works to persons and corporations, public
                  and private;
                      (g) list in separate ownership the lands within the district which are susceptible of irrigation
                  from district sources and to make an allotment of water to all those lands, which allotment of water
                  may not exceed the maximum amount that the board determines could be beneficially used on the
                  lands;
                      (h) levy assessments, as provided for by this part, against lands within the district to which
                  water is allotted on the basis of:
                      (i) a uniform district-wide value per acre-foot of irrigation water; or
                      (ii) a uniform unit-wide value per acre-foot of irrigation water provided that the board
                  divides the district into units and fixes a different value per acre-foot of water in the respective units;
                      (i) fix rates for the sale, lease, or other disposal of water, other than irrigation water, at rates
                  that are equitable, although not necessarily equal or uniform, for like classes of service;
                      (j) adopt and modify plans and specifications for the works for which the district was
                  organized;
                      (k) investigate and promote water development;
                      (l) appropriate and otherwise acquire water and water rights within or without the state;
                      (m) develop, store, and transport water;
                      (n) acquire stock in canal companies, water companies, and water users' associations;
                      (o) make and adopt plans for and to acquire, construct, operate, and maintain dams,

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                  reservoirs, canals, conduits, pipelines, tunnels, power plants, and any works, facilities,
                  improvements, and property necessary or convenient for those purposes;
                      (p) generate, distribute, or sell electric power from hydroelectric power plants owned,
                  operated, licensed, or leased by the district if, as determined by the board, the electric power plant
                  was acquired or constructed as an incidental and not the primary purpose of a project for the
                  conservation, development, storage, transportation, or distribution of water;
                      (q) invest any surplus money in the district treasury pursuant to Title 51, Chapter 7, State
                  Money Management Act;
                      (r) refund bonded indebtedness incurred by the district pursuant to rules prescribed by the
                  board;
                      (s) borrow money and to issue bonds or other evidence of indebtedness;
                      (t) construct works and improvements on land not subject to acquisition by condemnation
                  held by the district for a term of not less than 50 years under lease, easement, or otherwise and to
                  issue bonds to pay the costs for which bonds may be issued as in this part;
                      (u) acquire, construct, operate, or maintain works for the irrigation of land;
                      (v) sell water and water services to individual customers and to charge sufficient rates for
                  the water and services supplied; however, no sale of water for domestic or culinary use shall be made
                  to a customer located within the limits of any incorporated municipality without the consent of the
                  municipality, except as provided by Subsection 17A-2-1439 (7);
                      (w) make and collect fees for customer connections to the works of the district and for
                  permitting and supervising the making of the connections;
                      (x) use the proceeds of connection charges for any lawful corporate purpose, including the
                  construction or acquisition of facilities, payment of principal of and interest on bonds, and the
                  creation of a reserve for such purposes;
                      (y) own property for its corporate purposes within the boundaries of incorporated
                  municipalities; and
                      (z) adopt a fiscal year, which may end June 30 or December 31.
                      (3) (a) The provisions of Title 17B, Chapter 2, Part 4, Board of Trustees, except Section

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                  17B-2-402 , apply to each water conservancy district to the same extent as if the water conservancy
                  district were a local district under Title 17B, Chapter 2, Local Districts.
                      (b) (i) If a change in the expiration date of the term of a board of trustees member is
                  necessary to comply with the requirements of Subsection 17B-2-403 (1), the term of each board
                  member whose term expires on a day other than the first Monday in January shall be extended to the
                  first Monday in January after the normal expiration date next following the special district election
                  date under Section 17A-1-305 .
                      (ii) If a change in the length of the term of a board of trustees member is necessary to comply
                  with the requirements of Subsection 17B-2-403 (2), the change may not take effect until the
                  expiration of the term of the member whose term length is to be changed.
                      Section 40. Section 17A-2-1414 is amended to read:
                       17A-2-1414. Who may enter into contracts -- Permissible purposes of contracts --
                  Agreements and leases -- Elections for water purchase contracts.
                      (1) Any water conservancy district and any incorporated municipality located within or
                  without the boundaries of the district or other district created under any law of this state are expressly
                  authorized and empowered to enter into contracts with each other and with any other person or
                  corporation, public or private, for any of the following purposes:
                      (a) the joint operation of water facilities owned by any district or municipality;
                      (b) the exchange of water, water rights, or facilities;
                      (c) the leasing of water or water facilities; or
                      (d) the sale of water.
                      (2) (a) Any agreement about the operation or use of water facilities owned by a municipality
                  or district by another municipality or district, the joint operation of facilities, or the lease of water
                  or water facilities, may provide for the joint use of water facilities owned by one of the contracting
                  parties under appropriate arrangements for reasonable compensation.
                      (b) Any agreement may provide for the renting or loan of water by one contracting party to
                  the other or for the sale of water by one party and its purchase by another. No limitation contained
                  in any existing law requiring the water of any district to be supplied to its own residents on a priority

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                  basis shall be applicable to any contract made under this section.
                      (c) Any contract for the sale of water may run for a term of years as may be specified. The
                  contract may require the purchasing party to pay for a minimum amount of water annually, provided
                  the water is available, without regard to actual taking or use. The contract may provide for the
                  payment for water sold or contracted to be sold from any of the following sources of revenue:
                      (i) the general funds or other funds of the purchasing municipality or district;
                      (ii) the proceeds of class B assessments imposed under the Water Conservancy Act;
                      (iii) the proceeds of water distributed and sold through the distribution system of the
                  purchasing district or municipality; or
                      (iv) any combination of these sources of payment.
                      (d) The governing body of any municipality agreeing to purchase water under a contract, for
                  the purpose of complying with any pertinent constitutional requirement or for any other reason, may
                  call an election for that purpose. The election shall be conducted in the manner provided in [the]
                  Title 11, Chapter 14, Utah Municipal Bond Act.
                      Section 41. Section 17A-2-1439 is amended to read:
                       17A-2-1439. Contracts providing for payment in installments -- Issuance and sale of
                  bonds -- Sinking fund -- Covenants -- Default -- Revenue obligations -- Refunding bonds.
                      (1) (a) (i) To pay for construction, operation, and maintenance of works, and expenses
                  preliminary and incidental to them, the board may enter into contracts with the United States of
                  America or its agencies, providing for payment in installments.
                      (ii) To pay for all or part of the cost of the construction or acquisition of any works, to pay
                  for the improvement and extension of them, to pay expenses preliminary and incidental to them, to
                  pay interest on the bonds during acquisition and construction, to provide for necessary reserves, and
                  to pay costs of issuance and sale of the bonds (including, without limitation, printing, registration
                  and transfer costs, legal fees, financial advisor's fees, and underwriter's discount), the board may
                  issue the bonds of the district as provided in this section.
                      (b) The indebtedness or obligation represented by any bonds issued by or any contract
                  entered into by the board may be payable in whole or in part from all or part of the revenues derived

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                  by the district from the operation of all or any designated portion of its works, from the proceeds of
                  assessments and taxes levied under this part, or from any combination of those revenues,
                  assessments, and taxes.
                      (c) The indebtedness or obligation represented by any bonds issued by or any contract
                  entered into by the board may be incurred for the acquisition, construction, or both, of all or part of
                  any works, for the improvement or extension of any works, or for a system of works for the
                  distribution of water or for the treatment of water or both, whether or not the works of the district
                  so acquired, constructed, improved, or extended include a source of water supply.
                      (d) (i) These bonds shall be issued and sold in compliance with Title 11, Chapter 14, Utah
                  Municipal Bond Act, and may be in the form and denominations and have provisions and details
                  permitted by [the] Title 11, Chapter 14, Utah Municipal Bond Act, except that the bonds shall
                  mature serially or otherwise and contract payment installments shall fall due at any time or times not
                  later than 50 years from their date.
                      (ii) The bonds and any evidences of participation interests in the bonds may be issued,
                  executed, authenticated, registered, transferred, exchanged, and otherwise made to comply with Title
                  15, Chapter 7, Registered Public Obligations Act, or any other statute relating to the registration of
                  bonds enacted to meet the requirements of Section 103 of the Internal Revenue Code of 1954, as
                  amended, or any similar or successor federal law, and applicable regulations.
                      (2) (a) Bonds may be issued hereunder at one time or from time to time.
                      (b) If more than one issue or series of bonds is delivered hereunder, the bonds of the
                  respective issues or series shall have priorities of payment as provided in the proceedings authorizing
                  the bonds.
                      (3) (a) Any resolution authorizing the issuance of bonds or the entering into of a contract
                  indebtedness or obligation payable in installments hereunder shall provide for the creation of a
                  sinking fund into which shall be paid from the revenues, assessments, and taxes, any or all, pledged
                  to the payment in the authorizing resolution sums fully sufficient to pay the principal of and interest
                  on the bonds or on the contract indebtedness or obligation and to create a reserve for contingencies
                  as required by the resolution.

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                      (b) Any resolution so authorizing bonds or the entering into of a contract indebtedness or
                  obligation may contain those covenants with the future holders of the bonds or the other contracting
                  party as to the management and operation of the properties and works of the district, the imposition
                  and collection of fees and charges, including taxes and assessments, for the water and services
                  furnished thereby, the disposition of the fees and revenues, the issuance of future bonds and the
                  incurring of future contract indebtedness or obligations and the creation of future liens and
                  encumbrances against the works and the revenues thereof, the carrying of insurance on the works
                  and the disposition of the proceeds of insurance, the sale, disposal, or alienation of the works, and
                  other pertinent matters considered necessary or proper by the board to assure the merchantability of
                  the bonds or the execution of the contract.
                      (c) These covenants and agreements may not be inconsistent with this section.
                      (4) (a) It may be provided in the resolution that any holder of the bonds or any contracting
                  party may by appropriate legal action compel performance of all duties required of the board and the
                  officials of the district by this part and the resolution authorizing the bonds or contract.
                      (b) If any bond issued or any contract entered into hereunder is permitted to go into default
                  as to any installment of principal or interest, any court of competent jurisdiction may, pursuant to
                  the application of the holder of any bond or of the other contracting party, appoint a receiver to
                  operate the works of the district and to collect and distribute the revenues thereof under the
                  resolution, this part, and as the court may direct.
                      (5) (a) When the district has issued bonds or entered into a contract and pledged any
                  revenues of the works for the payment of them as provided in this part, the district shall impose and
                  collect fees and charges for water and services furnished by the works in that amount and at those
                  rates fully sufficient at all times (in conjunction with the proceeds of available taxes and assessments
                  if the bonds or contract indebtedness or obligation are also payable in part from the proceeds of
                  assessments and taxes levied under this part) to pay the expenses of operating and maintaining the
                  works, to provide a sinking fund sufficient to assure the prompt payment of principal of and interest
                  on the bonds or contract indebtedness or obligation as principal and interest fall due, and to provide
                  those funds for reserves and contingencies and for a depreciation fund for repairs, extensions, and

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                  improvements to the works as considered necessary to assure adequate and efficient service, all as
                  may be required by the resolution.
                      (b) No board or commission other than the board of trustees of the district has authority over
                  or is required to approve the making or fixing of fees and charges, the acquisition of property by the
                  district, the issuance of its bonds, or the entering into of a contract.
                      (6) (a) The board of any district that issues or has issued any bonds under this part, or that
                  enters or has entered into any contracts under this part, may issue bonds hereunder for the purpose
                  of refunding all or any part of the outstanding bonds, or the outstanding indebtedness or obligation
                  represented by the contracts, or in part for the purpose of the refunding and in part for the purpose
                  of acquiring, constructing, improving, or extending works for the district.
                      (b) If bonds are issued solely for refunding purposes, the election required by Section
                  17A-2-1440 is not a condition precedent to the issuance of the bonds.
                      (c) Refunding bonds so authorized:
                      (i) may be sold and the proceeds thereof applied to or deposited in an escrow and invested
                  pending the retirement of the outstanding bonds; or
                      (ii) may be delivered in exchange for the outstanding bonds.
                      (d) The refunding bonds shall be authorized and secured in the manner herein provided for
                  the issuance and securing of other bonds and may, but are not required to, have the same source of
                  security and payment as the bonds refunded.
                      (7) (a) If bonds have been issued or a contract indebtedness or obligation has been incurred
                  hereunder payable in whole or in part from revenues to be derived from supplying water to the
                  inhabitants of territory which was not at the time of the issuance of the bonds or the entering into of
                  the contract contained within the corporate limits of any municipality or any other district created
                  for the purpose of supplying water to the territory, the district shall thereafter be the sole public
                  corporation or political subdivision authorized to supply water to this area.
                      (b) No municipal corporation or other district into which any part of the territory is
                  incorporated or included has authority either to supply water to the inhabitants of the corporation or
                  district or to grant a franchise for the supplying of the water.

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                      (c) Nothing contained in this Subsection (7) prevents the modification of this restriction
                  contained by the district if modification does not in any way jeopardize the prompt payment of
                  principal of and interest on the bonds of the district then outstanding or of the payment of
                  installments of indebtedness or obligation under a contract.
                      Section 42. Section 17A-2-1448 is amended to read:
                       17A-2-1448. Validation of proceedings -- Changes.
                      (1) If proceedings have been adopted under authority of this part purporting to create any
                  conservancy district thereunder, all proceedings had in connection with the creation of each such
                  district are hereby validated, ratified and confirmed notwithstanding any failure to comply with any
                  one or more pertinent statutory provisions and each such district is declared to be a validly created
                  and existing district under authority of the law.
                      (2) It is expressly found and determined that all taxable property lying in each such district
                  will be benefitted by the construction of the improvements to be constructed by such district to an
                  amount not less than the aggregate of the taxes and assessments to be levied against such property
                  to pay for the cost of such improvements.
                      (3) All proceedings had in connection with the appointment election and organization of
                  board of trustees for each such district are ratified and approved and each such board of trustees is
                  declared to be de facto and de jure governing body of each such district. If in any such district an
                  election has been held on the approval of a contract with the United States of America or on the
                  issuance of the bonds of the district or both, all proceedings had in connection with the calling and
                  holding of each such election are validated, ratified and confirmed despite any irregularity which
                  may have occurred therein and any contract so approved by any such election and any bonds so
                  authorized at any such election are validated and confirmed and the board of trustees and officers
                  of each such district are authorized and empowered to proceed to do all things necessary to the
                  execution of such contract or to the issuance of such bonds as the case may be and each such contract
                  when duly executed and all such bonds when delivered and paid for are declared to be valid and
                  binding obligations of such district in accordance with the terms thereof and to be fully negotiable
                  for all purposes.

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                      (4) All construction contracts heretofore entered into by any such district for the construction
                  or acquisition of works or facilities for such district are validated, ratified, and confirmed and
                  declared to be valid obligations of such district in accordance with the terms thereof. The board of
                  [directors] trustees of any such district may make such changes in any contract or in any bond
                  proceedings or bonds hereby validated as may in its opinion be desirable for the best interests of such
                  district without in any wise impairing or making ineffective any of the curative effect of this section.
                  Any such change or changes may be so made despite the fact that such change or changes may be
                  inconsistent with the proceedings at which any such contract, if voted at an election, or any such
                  bonds, where voted, and no new election to approve or authorize such change or changes shall be
                  necessary.
                      Section 43. Section 17A-2-1449 is amended to read:
                       17A-2-1449. Validation of proceedings and actions -- Changes in validated contracts,
                  bond proceedings or bonds authorized.
                      (1) All proceedings that have been adopted and actions taken before May 13, 1969, under
                  authority of this part, purporting to create any water conservancy district thereunder or purporting
                  to provide for the inclusion of any additional area or areas in any such district, including all petitions
                  filed and all notices given, published and mailed in connection with any such creation and any such
                  inclusion, are hereby validated, ratified and confirmed, notwithstanding any failure to comply with
                  any one or more pertinent statutory provisions and each such district as so created or enlarged is
                  declared to be a validly created and existing district.
                      (2) It is expressly determined that all taxable property lying in each such district shall be
                  benefitted by any improvements constructed before or after this part takes effect to an amount not
                  less than the aggregate of the taxes and assessments levied against such property to pay for the cost
                  of such improvements.
                      (3) All proceedings and actions taken with respect to the appointment, election and
                  organization of a board of trustees and officers thereof for each such district are validated, ratified
                  and confirmed and each such board of trustees is declared to be the de facto and de jure governing
                  body of each such district. If in any such district an election has been held, before May 13, 1969,

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                  on the question of approving a contract with the United States of America or on the question of the
                  issuance of the bonds of the district, or both, all proceedings and actions concerned with the calling,
                  holding and conduct of any such elections are validated, ratified and confirmed despite any
                  irregularities which may have occurred in connection therewith.
                      (4) Any contract so approved at such an election and any bonds so authorized at such an
                  election are validated, ratified and confirmed. The board of trustees and officers of each such district
                  may do all things necessary to execute any such contract or issue such bonds, and each such contract
                  when executed and all such bonds when delivered and paid for shall be valid and binding obligations
                  of such district in accordance with the tenor and terms thereof. Any contracts made by such district
                  for the construction or acquisition of works or facilities for such district are validated, ratified and
                  confirmed and shall be valid obligations of such district in accordance with the terms thereof.
                  Changes made after May 13, 1969 by the board of [directors] trustees of any such district in any
                  contract, bond proceedings or bonds hereby validated shall be considered not to nullify any curative
                  effect of this section.
                      Section 44. Section 19-6-505 is amended to read:
                       19-6-505. Long-term agreements for joint action -- Construction, acquisition, or sale
                  of interest in management facilities -- Issuance of bonds.
                      (1) (a) Two or more public entities, which for the purposes of this section shall only include
                  any political subdivision of the state, the state and its agencies, and the United States and its
                  agencies, may enter into long-term agreements with one another pursuant to Title 11, Chapter 13,
                  Interlocal Cooperation Act, and any one or more public entities may enter into long-term agreements
                  with any private entity or entities for joint or cooperative action related to the acquisition,
                  construction, ownership, operation, maintenance, and improvement of solid waste management
                  facilities, regardless of whether the facilities are owned or leased by a public entity or entities,                   private
                  entity or entities, or combination of them and pursuant to which solid waste of one or more public
                  entities, any private entity or entities, or combination of them, are made available for solid waste
                  management pursuant to the terms, conditions, and consideration provided in the agreement.
                      (b) Any payments made by a public entity for services received under the agreement are not

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                  an indebtedness of the public entity within the meaning of any constitutional or statutory restriction,
                  and no election is necessary for the authorization of the agreement.
                      (c) Any public entity or any public entity in combination with a private entity agreeing to
                  make solid waste management facilities available may, in the agreement, agree to make available
                  to other public entities a specified portion of the capacity of the solid waste management facilities,
                  without regard to its future need of the specified capacity for its own use and may in the agreement
                  agree to increase the capacity of its solid waste management facilities from time to time, as
                  necessary, in order to take care of its own needs and to perform its obligations to the other parties
                  to the agreement.
                      (2) (a) Two or more public entities or any one or more public entities together with any
                  private entity or entities may construct or otherwise acquire joint interests in solid waste management
                  facilities, or any part of them, for their common use, or may sell to any other public or private entity
                  or entities a partial interest or interests in its solid waste management facility.
                      (b) Any public entity otherwise qualifying under [the] Title 11, Chapter 14, Utah Municipal
                  Bond Act or [the] Title 11, Chapter 17, Utah Industrial Facilities and Development Act may issue
                  its bonds pursuant to these acts for the purpose of acquiring a joint interest in solid waste
                  management facilities, or any part thereof, whether the joint interest is to be acquired through
                  construction of new facilities or the purchase of an interest in existing facilities.
                      Section 45. Section 19-6-804 is amended to read:
                       19-6-804. Restrictions on disposal of tires -- Penalties.
                      (1) (a) After January 1, 1994, an individual, including a waste tire transporter, may not
                  dispose of more than four whole tires at one time in a landfill or any other location in the state
                  authorized by the executive secretary to receive waste tires, except for purposes authorized by board
                  rule.
                      (b) Tires are exempt from this Subsection (1) if the original tire has a rim diameter greater
                  than 24.5 inches.
                      (c) No person, including a waste tire transporter, may dispose of waste tires or store waste
                  tires in any manner not allowed under this [chapter] part or rules made under this part.

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                      (2) The operator of the landfill or other authorized location shall direct that the waste tires
                  be disposed in a designated area to facilitate retrieval if a market becomes available for the disposed
                  waste tires or material derived from waste tires.
                      (3) An individual, including a waste tire transporter, may dispose of shredded waste tires in
                  a landfill in accordance with Section 19-6-812 , and may also, without reimbursement, dispose in a
                  landfill materials derived from waste tires that do not qualify for reimbursement under Section
                  19-6-812 , but the landfill shall dispose of the material in accordance with Section 19-6-812 .
                      (4) (a) An individual, including a waste tire transporter, violating this section is subject to
                  enforcement proceedings and a civil penalty of not more than $100 per waste tire or per passenger
                  tire equivalent disposed of in violation of this section. A warning notice may be issued prior to
                  taking further enforcement action under this Subsection (4).
                      (b) A civil proceeding to enforce this section and collect penalties under this section may
                  be brought in the district court where the violation occurred by the board, the local health
                  department, or the county attorney having jurisdiction over the location where the tires were disposed
                  in violation of this section.
                      (c) Penalties collected under this section shall be deposited in the trust fund.
                      Section 46. Section 20A-3-304 is amended to read:
                       20A-3-304. Application for absentee ballot -- Time for filing and voting.
                      (1) As used in this section, "absent elector" means a person who:
                      (a) is physically, emotionally, or mentally impaired;
                      (b) will be serving as an election judge or who has election duties in another voting precinct;
                      (c) is detained or incarcerated in a jail or prison as a penalty for committing a misdemeanor;
                      (d) suffers a legal disability;
                      (e) is prevented from voting in a particular location because of religious tenets or other
                  strongly held personal values;
                      (f) is called for jury duty in state or federal court; or
                      (g) otherwise expects to be absent from the voting precinct during the hours the polls are
                  open on election day.

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                      (2) A registered voter who is or will be an absent elector may file an absentee ballot
                  application with the appropriate election officer for an official absentee ballot.
                      (3) (a) Except as provided in Subsection (3)(b), each election officer shall prepare blank
                  applications for absentee ballot applications in substantially the following form:
                      "I, ____, a qualified elector, in full possession of my mental faculties, residing at ____ Street,
                  ____ City, ____ County, Utah [and] to my best knowledge and belief am entitled to vote by absentee
                  ballot at the next election.
                      I apply for an official absentee ballot to be voted by me at the election.
                      Date ________ (month\day\year) Signed ___________________________
                                                  Voter"
                      (b) Each election officer shall prepare blank applications for absentee ballot applications for
                  regular primary elections and for the Western States Presidential Primary in substantially the
                  following form:
                      "I, ____, a qualified elector, in full possession of my mental faculties, residing at ____ Street,
                  ____ City, ____ County, Utah to my best knowledge and belief am entitled to vote by absentee ballot
                  at the next election.
                      I apply for an official absentee ballot for the _______________ political party to be voted
                  by me at the primary election.
                      I understand that I must be affiliated with or authorized to vote the political party's ballot that
                  I request.
                      Dated _________ (month\day\year) ____ Signed ___________________________
                                                      Voter"
                      If requested by the applicant, the election officer shall:
                      (i) mail or fax the application blank to the absentee voter; or
                      (ii) deliver the application blank to any voter who personally applies for it at the office of
                  the election officer.
                      (4) (a) (i) Except as provided in Subsections (4)(a)(ii) and (iii), the voters shall file the
                  application for an absentee ballot with the appropriate election officer no later than the Friday before

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                  election day.
                      (ii) Overseas applicants shall file their applications with the appropriate election officer no
                  later than 20 days before the day of election.
                      (iii) Voters applying for an absentee ballot for the Western States Presidential Primary shall
                  file the application for an absentee ballot with the appropriate election officer not later than the
                  Tuesday before election day.
                      (b) Persons voting an absentee ballot at the office of the election officer shall apply for and
                  cast their ballot no later than the day before the election.
                      (5) (a) A county clerk may establish a permanent absentee voter list.
                      (b) The clerk shall place on the list the name of any person who:
                      (i) requests permanent absentee voter status; and
                      (ii) meets the requirements of this section.
                      (c) (i) Each year, the clerk shall mail a questionnaire to each person whose name is on the
                  absentee voter list.
                      (ii) The questionnaire shall allow the absentee person to verify the voter's residence and
                  inability to vote at the voting precinct on election day.
                      (iii) The clerk may remove the names of any voter from the absentee voter registration list
                  if:
                      (A) the voter is no longer listed in the official register; or
                      (B) the voter fails to verify the voter's residence and absentee status.
                      (d) The clerk shall provide a copy of the permanent absentee voter list to election officers
                  for use in elections.
                      Section 47. Section 20A-5-404 is amended to read:
                       20A-5-404. Election forms -- Preparation and contents.
                      (1) (a) For each election, the election officer[: (a)] shall prepare, for each voting precinct,
                  a:
                      (i) ballot disposition form;
                      (ii) total votes cast form;

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                      (iii) tally sheet form; and
                      (iv) pollbook.
                      (b) For each election, the election officer shall:
                      (i) provide a copy of each form to each of those precincts using paper ballots; and
                      (ii) provide a copy of the ballot disposition form and a pollbook to each of those voting
                  precincts using an automated voting system.
                      (2) The election officer shall ensure that the ballot disposition form contains a space for the
                  judges to identify:
                      (a) the number of ballots voted;
                      (b) the number of substitute ballots voted, if any;
                      (c) the number of ballots delivered to the voters;
                      (d) the number of spoiled ballots;
                      (e) the number of registered voters listed in the official register;
                      (f) the total number of voters voting according to the pollbook; and
                      (g) the number of unused ballots.
                      (3) The election officer shall ensure that the total votes cast form contains:
                      (a) the name of each candidate appearing on the ballot, the office for which the candidate
                  is running, and a blank space for the election judges to record the number of votes that the candidate
                  received;
                      (b) for each office, blank spaces for the election judges to record the names of write-in
                  candidates, if any, and a blank space for the election judges to record the number of votes that the
                  write-in candidate received;
                      (c) a heading identifying each ballot proposition and blank spaces for the election judges to
                  record the number of votes for and against each proposition; and
                      (d) a certification, in substantially the following form, to be signed by the judges when they
                  have completed the total votes cast form:
                      "TOTAL VOTES CAST
                      At an election held at ____ in ____ voting precinct in ____________(name of entity holding

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                  the election) and State of Utah, on __________(month\day\year), the following named persons
                  received the number of votes annexed to their respective names for the following described offices:
                  Total number of votes cast were as follows:
                      Certified by us ____, ____, ____, Judges of Election."
                      (4) The election officer shall ensure that the tally sheet form contains:
                      (a) for each office, the names of the candidates for that office, and blank spaces to tally the
                  votes that each candidate receives;
                      (b) for each office, blank spaces for the election judges to record the names of write-in
                  candidates, if any, and a blank space for the election judges to tally the votes for each write-in
                  candidate;
                      (c) for each ballot proposition, a heading identifying the ballot proposition and the words
                  "Yes" and "No" or "For" and "Against" on separate lines with blank spaces after each of them for
                  the election judges to tally the ballot proposition votes; and
                      (d) a certification, in substantially the following form, to be signed by the judges when they
                  have completed the tally sheet form:
                      "Tally Sheet
                      We the undersigned election judges for voting precinct #________________,
                  _______________(entity holding the election) certify that this is a true and correct list of all persons
                  voted for and ballot propositions voted on at the election held in that voting precinct on
                  _______________________(date of election) and is a tally of the votes cast for each of those
                  persons. Certified by us ____, ____, ____, Judges of Election."
                      (5) The election officer shall ensure that the pollbook:
                      (a) identifies the voting precinct number on its face; and
                      (b) contains:
                      (i) a section to record persons voting on election day, with columns entitled "Ballot Number"
                  and "Voter's Name";
                      (ii) another section in which to record absentee ballots;
                      (iii) a section in which to record voters who are challenged; and

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                      (iv) a certification, in substantially the following form:
                      "We, the undersigned, judges of an election held at ______ voting precinct, in _______
                  County, state of Utah, on __________(month\day\year), having first been sworn according to law,
                  certify that the information listed in this book is a true statement of the number and names of the
                  persons voting in the voting precinct at the election, and that the total number of persons voting at
                  the election was ____."
                 
_____________________________

                 
_____________________________

                      
_____________________________

                 
Judges of Election

                      Section 48. Section 21-2-8 is amended to read:
                       21-2-8. Fees of county officers.
                      (1) As used in this section, "county officer" means all of the county officers enumerated in
                  Section 17-53-101 except county recorders, county constables, and county sheriffs.
                      (2) (a) Each county officer shall collect, in advance, for exclusive county use and benefit:
                      (i) all fees established by the county legislative body under [this section] Section 17-53-211 ;
                  and
                      (ii) any other fees authorized or required by law.
                      (b) As long as the displaced homemaker program is authorized by Section 35A-3-114 , the
                  county clerk shall:
                      (i) assess $20 in addition to whatever fee for a marriage license is established under authority
                  of this section; and
                      (ii) transmit $20 from each marriage license fee to the Division of Finance to be credited to
                  the displaced homemaker program.
                      (c) As long as the Children's Legal Defense Account is authorized by Section 63-63a-8 , the
                  county clerk shall:
                      (i) assess $10 in addition to whatever fee for a marriage license is established under authority
                  of this section and in addition to the $20 assessed for the displaced homemaker program; and

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                      (ii) transmit $10 from each marriage license fee to the Division of Finance for deposit in the
                  Children's Legal Defense Account.
                      (3) This section does not apply to any fees currently being assessed by the state but collected
                  by county officers.
                      Section 49. Section 23-13-2 is amended to read:
                       23-13-2. Definitions.
                      As used in this title:
                      (1) "Activity regulated under this title" means any act, attempted act, or activity prohibited
                  or regulated under any provision of Title 23 or the rules, and proclamations promulgated thereunder
                  pertaining to protected wildlife including:
                      (a) fishing;
                      (b) hunting;
                      (c) trapping;
                      (d) taking;
                      (e) permitting any dog, falcon, or other domesticated animal to take;
                      (f) transporting;
                      (g) possessing;
                      (h) selling;
                      (i) wasting;
                      (j) importing;
                      (k) exporting;
                      (l) rearing;
                      (m) keeping;
                      (n) utilizing as a commercial venture; and
                      (o) releasing to the wild.
                      (2) "Aquatic animal" has the meaning provided in Section 4-37-103 .
                      (3) "Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic insects, or
                  amphibians.

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                      (4) "Aquaculture facility" has the meaning provided in Section 4-37-103 .
                      (5) "Bag limit" means the maximum limit, in number or amount, of protected wildlife that
                  one person may legally take during one day.
                      (6) "Big game" means species of hoofed protected wildlife.
                      (7) "Carcass" means the dead body of an animal or its parts.
                      (8) "Certificate of registration" means a document issued under this title, or any rule or
                  proclamation of the Wildlife Board granting authority to engage in activities not covered by a
                  license, permit, or tag.
                      (9) "Closed season" means the period of time during which the taking of protected wildlife
                  is prohibited.
                      (10) "Conservation officer" means a full-time, permanent employee of the Division of
                  Wildlife Resources who is POST certified as a peace or a special function officer.
                      (11) "Dedicated hunter program" means a program that provides:
                      (a) expanded hunting opportunities;
                      (b) opportunities to participate in projects that are beneficial to wildlife; and
                      (c) education in hunter ethics and wildlife management principles.
                      (12) "Division" means the Division of Wildlife Resources.
                      (13) (a) "Domicile" means the place:
                      (i) where an individual has a fixed permanent home and principal establishment;
                      (ii) to which the individual if absent, intends to return; and
                      (iii) in which the individual, and the individual's family voluntarily reside, not for a special
                  or temporary purpose, but with the intention of making a permanent home.
                      (b) To create a new domicile an individual must:
                      (i) abandon the old domicile; and
                      (ii) be able to prove that a new domicile has been established.
                      (14) "Endangered" means wildlife designated as such pursuant to Section 3 of the federal
                  Endangered Species Act of 1973.
                      (15) "Fee fishing facility" has the meaning provided in Section 4-37-103 .

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                      (16) "Feral" means an animal which is normally domesticated but has reverted to the wild.
                      (17) "Fishing" means to take fish or crayfish by any means.
                      (18) "Furbearer" means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and
                  Castoridae families, except coyote and cougar.
                      (19) "Game" means wildlife normally pursued, caught, or taken by sporting means for
                  human use.
                      (20) (a) "Guide" means a person who receives compensation or advertises services for
                  assisting another person to take protected wildlife.
                      (b) Assistance under Subsection (20)(a) includes the provision of food, shelter, or
                  transportation, or any combination of these.
                      (21) "Guide's agent" means a person who is employed by a guide to assist another person
                  to take protected wildlife.
                      (22) "Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by any means.
                      (23) "Intimidate or harass" means to physically interfere with or impede, hinder, or diminish
                  the efforts of an officer in the performance of the officer's duty.
                      (24) "Nonresident" means a person who does not qualify as a resident.
                      (25) "Open season" means the period of time during which protected wildlife may be legally
                  taken.
                      (26) "Pecuniary gain" means the acquisition of money or something of monetary value.
                      (27) "Permit" means a document, including a stamp, which grants authority to engage in
                  specified activities under this title or a rule or proclamation of the Wildlife Board.
                      (28) "Person" means an individual, association, partnership, government agency,
                  corporation, or an agent of the foregoing.
                      (29) "Possession" means actual or constructive possession.
                      (30) "Possession limit" means the number of bag limits one individual may legally possess.
                      (31) (a) "Private fish installation" means a body of water where privately owned, protected
                  aquatic wildlife are propagated or kept.
                      (b) "Private fish installation" does not include any aquaculture facility or fee fishing facility.

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                      (32) "Private wildlife farm" means an enclosed place where privately owned birds or
                  furbearers are propagated or kept and which restricts the birds or furbearers from:
                      (a) commingling with wild birds or furbearers; and
                      (b) escaping into the wild.
                      (33) "Proclamation" means the publication used to convey a statute, rule, policy, or pertinent
                  information as it relates to wildlife.
                      (34) (a) "Protected aquatic wildlife" means aquatic wildlife as defined in Subsection (3),
                  except as provided in Subsection (34)(b).
                      (b) "Protected aquatic wildlife" does not include aquatic insects.
                      (35) (a) "Protected wildlife" means wildlife as defined in Subsection (49), except as provided
                  in Subsection (35)(b).
                      (b) "Protected wildlife" does not include coyote, field mouse, gopher, ground squirrel, jack
                  rabbit, muskrat, and raccoon.
                      (36) "Released to the wild" means to [turn] be turned loose from confinement.
                      (37) (a) "Resident" means a person who:
                      (i) has been domiciled in the state of Utah for six consecutive months immediately preceding
                  the purchase of a license; and
                      (ii) does not claim residency for hunting, fishing, or trapping in any other state or country.
                      (b) A Utah resident retains Utah residency if that person leaves this state:
                      (i) to serve in the armed forces of the United States or for religious or educational purposes;
                  and
                      (ii) complies with Subsection (37)(a)(ii).
                      (c) (i) A member of the armed forces of the United States and dependents are residents for
                  the purposes of this chapter as of the date the member reports for duty under assigned orders in the
                  state if the member:
                      (A) is not on temporary duty in this state; and
                      (B) complies with Subsection (37)(a)(ii).
                      (ii) A copy of the assignment orders must be presented to a wildlife division office to verify

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                  the member's qualification as a resident.
                      (d) A nonresident attending an institution of higher learning in this state as a full-time
                  student may qualify as a resident for purposes of this chapter if the student:
                      (i) has been present in this state for 60 consecutive days immediately preceding the purchase
                  of the license; and
                      (ii) complies with Subsection (37)(a)(ii).
                      (e) A Utah resident license is invalid if a resident license for hunting, fishing, or trapping is
                  purchased in any other state or country.
                      (f) An absentee landowner paying property tax on land in Utah does not qualify as a resident.
                      (38) "Sell" means to offer or possess for sale, barter, exchange, or trade, or the act of selling,
                  bartering, exchanging, or trading.
                      (39) "Small game" means species of protected wildlife:
                      (a) commonly pursued for sporting purposes; and
                      (b) not classified as big game, aquatic wildlife, or furbearers and excluding cougar and bear.
                      (40) "Spoiled" means impairment of the flesh of wildlife which renders it unfit for human
                  consumption.
                      (41) "Spotlighting" means throwing or casting the rays of any spotlight, headlight, or other
                  artificial light on any highway or in any field, woodland, or forest while having in possession a
                  weapon by which protected wildlife may be killed.
                      (42) "Tag" means a card, label, or other identification device issued for attachment to the
                  carcass of protected wildlife.
                      (43) "Take" means to:
                      (a) hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill any protected
                  wildlife; or
                      (b) attempt any action referred to in Subsection (43)(a).
                      (44) "Threatened" means wildlife designated as such pursuant to Section 3 of the federal
                  Endangered Species Act of 1973.
                      (45) "Trapping" means taking protected wildlife with a trapping device.

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                      (46) "Trophy animal" means an animal described as follows:
                      (a) deer - any buck with an outside antler measurement of 24 inches or greater;
                      (b) elk - any bull with six points on at least one side;
                      (c) bighorn, desert, or rocky mountain sheep - any ram with a curl exceeding half curl;
                      (d) moose - any bull;
                      (e) mountain goat - any male or female;
                      (f) pronghorn antelope - any buck with horns exceeding 14 inches; or
                      (g) bison - any bull.
                      (47) "Waste" means to abandon protected wildlife or to allow protected wildlife to spoil or
                  to be used in a manner not normally associated with its beneficial use.
                      (48) "Water pollution" means the introduction of matter or thermal energy to waters within
                  this state which:
                      (a) exceeds state water quality standards; or
                      (b) could be harmful to protected wildlife.
                      (49) "Wildlife" means:
                      (a) crustaceans, including brine shrimp and crayfish;
                      (b) mollusks; and
                      (c) vertebrate animals living in nature, except feral animals.
                      Section 50. Section 30-3-35 is amended to read:
                       30-3-35. Minimum schedule for visitation for children 5 to 18 years of age.
                      (1) The visitation schedule in this section applies to children 5 to 18 years of age.
                      (2) If the parties do not agree to a visitation schedule, the following schedule shall be
                  considered the minimum visitation to which the noncustodial parent and the child shall be entitled:
                      (a) (i) one weekday evening to be specified by the noncustodial parent or the court from 5:30
                  p.m. until 8:30 p.m.; or
                      (ii) at the election of the noncustodial parent, one weekday from the time the child's school
                  is regularly dismissed until 8:30 p.m., unless the court directs the application of Subsection (2)(a)(i);
                      (b) (i) alternating weekends beginning on the first weekend after the entry of the decree from

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                  6 p.m. on Friday until 7 p.m. on Sunday continuing each year; or
                      (ii) at the election of the noncustodial parent, from the time the child's school is regularly
                  dismissed on Friday until 7 p.m. on Sunday, unless the court directs the application of Subsection
                  (2)(b)(i);
                      (c) holidays take precedence over the weekend visitation, and changes shall not be made to
                  the regular rotation of the alternating weekend visitation schedule;
                      (d) if a holiday falls on a regularly scheduled school day, the noncustodial parent shall be
                  responsible for the child's attendance at school for that school day;
                      (e) (i) if a holiday falls on a weekend or on a Friday or Monday and the total holiday period
                  extends beyond that time so that the child is free from school and the parent is free from work, the
                  noncustodial parent shall be entitled to this lengthier holiday period; or
                      (ii) at the election of the noncustodial parent, visitation over a scheduled holiday weekend
                  may begin from the time the child's school is regularly dismissed at the beginning of the holiday
                  weekend until 7 p.m. on the last day of the holiday weekend;
                      (f) in years ending in an odd number, the noncustodial parent is entitled to the following
                  holidays:
                      (i) child's birthday on the day before or after the actual birthdate beginning at 3 p.m. until
                  9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the birthday;
                      (ii) [Human Rights] Martin Luther King, Jr. Day beginning 6 p.m. on Friday until Monday
                  at 7 p.m. unless the holiday extends for a lengthier period of time to which the noncustodial parent
                  is completely entitled;
                      (iii) spring break or Easter holiday beginning at 6 p.m. on the day school lets out for the
                  holiday until 7 p.m. on the Sunday before school resumes;
                      (iv) Memorial Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the holiday
                  extends for a lengthier period of time to which the noncustodial parent is completely entitled;
                      (v) July 24th beginning 6 p.m. on the day before the holiday until 11 p.m. on the holiday;
                      (vi) Veteran's Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on the
                  holiday; and

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                      (vii) the first portion of the Christmas school vacation as defined in Subsection                   30-3-32 (3)(b)
                  plus Christmas Eve and Christmas Day until 1 p.m., so long as the entire holiday is equally divided;
                      (g) in years ending in an even number, the noncustodial parent is entitled to the following
                  holidays:
                      (i) child's birthday on actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion of
                  the noncustodial parent, he may take other siblings along for the birthday;
                      (ii) [President's] Washington and Lincoln Day beginning at 6 p.m. on Friday until 7 p.m. on
                  Monday unless the holiday extends for a lengthier period of time to which the noncustodial parent
                  is completely entitled;
                      (iii) July 4th beginning at 6 p.m. the day before the holiday until 11 p.m. on the holiday;
                      (iv) Labor Day beginning at 6 p.m. on Friday until Monday at 7 p.m. unless the holiday
                  extends for a lengthier period of time to which the noncustodial parent is completely entitled;
                      (v) the fall school break, if applicable, commonly known as U.E.A. weekend beginning at
                  6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends for a lengthier period of time
                  to which the noncustodial parent is completely entitled;
                      (vi) Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the
                  holiday;
                      (vii) Thanksgiving holiday beginning Wednesday at 7 p.m. until Sunday at 7 p.m; and
                      (viii) the second portion of the Christmas school vacation as defined in Subsection
                  30-3-32 (3)(b) plus Christmas day beginning at 1 p.m. until 9 p.m., so long as the entire Christmas
                  holiday is equally divided;
                      (h) Father's Day shall be spent with the natural or adoptive father every year beginning at 9
                  a.m. until 7 p.m. on the holiday;
                      (i) Mother's Day shall be spent with the natural or adoptive mother every year beginning at
                  9 a.m. until 7 p.m. on the holiday;
                      (j) extended visitation with the noncustodial parent may be:
                      (i) up to four weeks consecutive at the option of the noncustodial parent;
                      (ii) two weeks shall be uninterrupted time for the noncustodial parent; and

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                      (iii) the remaining two weeks shall be subject to visitation for the custodial parent consistent
                  with these guidelines;
                      (k) the custodial parent shall have an identical two-week period of uninterrupted time during
                  the children's summer vacation from school for purposes of vacation;
                      (l) if the child is enrolled in year-round school, the noncustodial parent's extended visitation
                  shall be 1/2 of the vacation time for year-round school breaks, provided the custodial parent has
                  holiday and phone visits;
                      (m) notification of extended visitation or vacation weeks with the child shall be provided
                  at least 30 days in advance to the other parent; and
                      (n) telephone contact shall be at reasonable hours and for reasonable duration.
                      (3) Any elections required to be made in accordance with this section by either parent
                  concerning visitation shall be made a part of the decree and made a part of the visitation order.
                      Section 51. Section 30-6-1 is amended to read:
                       30-6-1. Definitions.
                      As used in this chapter:
                      (1) "Abuse" means attempting to cause, or intentionally or knowingly causing to an adult
                  or minor physical harm or intentionally placing another in fear of imminent physical harm.
                      (2) "Cohabitant" means an emancipated person pursuant to Section 15-2-1 or a person who
                  is 16 years of age or older who:
                      (a) is or was a spouse of the other party;
                      (b) is or was living as if a spouse of the other party;
                      (c) is related by blood or marriage to the other party;
                      (d) has one or more children in common with the other party;
                      (e) is the biological parent of the other party's unborn child; or
                      (f) resides or has resided in the same residence as the other party.
                      (3) Notwithstanding Subsection (2), "cohabitant" does not include:
                      (a) the relationship of natural parent, adoptive parent, or step-parent to a minor; or
                      (b) the relationship between natural, adoptive, step, or foster siblings who are under 18 years

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                  of age.
                      (4) "Court clerk" means a district court clerk or juvenile court clerk.
                      (5) "Department" means the Department of Human Services.
                      (6) "Domestic violence" means the same as that term is defined in Section 77-36-1 .
                      (7) "Ex parte protective order" means an order issued without notice to the defendant in
                  accordance with this chapter.
                      (8) "Foreign protective order" means a protective order issued by another state, territory, or
                  possession of the United States, tribal lands of the United States, the Commonwealth of Puerto Rico,
                  or the District of Columbia which shall be given full faith and credit in Utah, if the protective order
                  is similar to a protective order issued in compliance with Title 30, Chapter 6, Cohabitant Abuse Act,
                  or Title 77, Chapter 36, Cohabitant Abuse Procedures Act, and includes the following requirements:
                      (a) the requirements of due process were met by the issuing court, including subject matter
                  and personal jurisdiction;
                      (b) the respondent received reasonable notice; and
                      (c) the respondent had an opportunity for a hearing regarding the protective order.
                      (9) "Law enforcement unit" or "law enforcement agency" means any public agency having
                  general police power and charged with making arrests in connection with enforcement of the
                  criminal statutes and ordinances of this state or any political subdivision.
                      (10) "Peace officer" means those persons specified in Title 53, Chapter 13, Peace Officer
                  Classifications.
                      (11) "Protective order" means a restraining order issued pursuant to this chapter subsequent
                  to a hearing on the petition, of which the petitioner has given notice in accordance with this chapter.
                      Section 52. Section 31A-22-625 is amended to read:
                       31A-22-625. Catastrophic coverage of mental health conditions.
                      (1) As used in this section:
                      (a) (i) "Catastrophic mental heath coverage" means coverage in a health insurance policy or
                  health maintenance organization contract that does not impose any lifetime limit, annual payment
                  limit, episodic limit, inpatient or outpatient service limit, or maximum out-of-pocket limit that places

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                  a greater financial burden on an insured for the evaluation and treatment of a mental health condition
                  than for the evaluation and treatment of a physical health condition.
                      (ii) "Catastrophic mental health coverage" may include a restriction on cost sharing factors,
                  such as deductibles, copayments, or coinsurance, prior to reaching any maximum out-of-pocket limit.
                      (iii) "Catastrophic mental health coverage" may include one maximum out-of-pocket limit
                  for physical health conditions and another maximum out-of-pocket limit for mental health
                  conditions, provided that, if separate out-of-pocket limits are established, the out-of-pocket limit for
                  mental health conditions may not exceed the out-of-pocket limit for physical health conditions.
                      (b) (i) "50/50 mental health coverage" means coverage in a health insurance policy or health
                  maintenance organization contract that pays for at least 50% of covered services for the diagnosis
                  and treatment of mental health conditions.
                      (ii) "50/50 mental health coverage" may include a restriction on episodic limits, inpatient
                  or outpatient service limits, or maximum out-of-pocket limits.
                      (c) "Large employer" means an employer that does not come within the definition of "small
                  employer."
                      (d) (i) "Mental health condition" means any condition or disorder involving mental illness
                  that falls under any of the diagnostic categories listed in the Diagnostic and Statistical Manual, as
                  periodically revised.
                      (ii) "Mental health condition" does not include the following when diagnosed as the primary
                  or substantial reason or need for treatment:
                      (A) marital or family problem;
                      (B) social, occupational, religious, or other social maladjustment;
                      (C) conduct disorder;
                      (D) chronic adjustment disorder;
                      (E) psychosexual disorder;
                      (F) chronic organic brain syndrome;
                      (G) personality disorder;
                      (H) specific developmental disorder or learning disability; or

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                      (I) mental retardation.
                      (e) "Small employer" is as defined in Section 31A-30-103 .
                      (2) (a) At the time of purchase and renewal, an insurer shall offer to each small employer
                  that it insures or seeks to insure a choice between catastrophic mental health coverage and 50/50
                  mental health coverage.
                      (b) In addition to Subsection (2)(a), an insurer may offer to provide:
                      (i) catastrophic mental health coverage, 50/50 mental health coverage, or both at levels that
                  exceed the minimum requirements of this section; or
                      (ii) coverage that excludes benefits for mental health conditions.
                      (c) A small employer may, at its option, choose either catastrophic mental health coverage,
                  50/50 mental health coverage, or coverage offered under Subsection (2)(b), regardless of the
                  employer's previous coverage for mental health conditions.
                      (d) An insurer is exempt from the 30% index rating restriction in Subsection
                  31A-30-106 (1)(b) and, for the first year only that catastrophic mental health coverage is chosen, the
                  15% annual adjustment restriction in Subsection 31A-30-106 (1)(c)(ii), for any small employer with
                  20 or less enrolled employees who chooses coverage that meets or exceeds catastrophic mental
                  health coverage.
                      (3) (a) At the time of purchase and renewal, an insurer shall offer catastrophic mental health
                  coverage to each large employer that it insures or seeks to insure.
                      (b) In addition to Subsection (3)(a), an insurer may offer to provide catastrophic mental
                  health coverage at levels that exceed the minimum requirements of this section.
                      (c) A large employer may, at its option, choose either catastrophic mental health coverage,
                  coverage that excludes benefits for mental health conditions, or coverage offered under Subsection
                  (3)(b).
                      (4) (a) An insurer may provide catastrophic mental health coverage through a managed care
                  organization or system in a manner consistent with the provisions in Chapter 8, Health Maintenance
                  Organizations and Limited Health Plans, regardless of whether the policy or contract uses a managed
                  care organization or system for the treatment of physical health conditions.

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                      (b) (i) Notwithstanding any other provision of this title, an insurer may:
                      (A) establish a closed panel of providers for catastrophic mental health coverage; and
                      (B) refuse to provide any benefit to be paid for services rendered by a nonpanel provider
                  unless:
                      (I) the insured is referred to a nonpanel provider with the prior authorization of the insurer;
                  and
                      (II) the nonpanel provider agrees to follow the insurer's protocols and treatment guidelines.
                      (ii) If an insured receives services from a nonpanel provider in the manner permitted by
                  Subsection (4)(b)(i)(B), the insurer shall reimburse the insured for not less than 75% of the average
                  amount paid by the insurer for comparable services of panel providers under a noncapitated
                  arrangement who are members of the same class of health care providers.
                      (iii) Nothing in this Subsection (4)(b) may be construed as requiring an insurer to authorize
                  a referral to a nonpanel provider.
                      (c) To be eligible for catastrophic mental health coverage, a diagnosis or treatment of a
                  mental health condition must be rendered:
                      (i) by a mental health therapist as defined in Section 58-60-102 ; or
                      (ii) in a health care facility licensed or otherwise authorized to provide mental health services
                  pursuant to Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act, or Title 62A,
                  Chapter 2, Licensure of Programs and Facilities, that provides a program for the treatment of a
                  mental health condition pursuant to a written plan.
                      (5) The commissioner may disapprove any policy or contract that provides mental heath
                  coverage in a manner that is inconsistent with the provisions of this section.
                      (6) The commissioner shall:
                      (a) adopt rules as necessary to ensure compliance with this section; and
                      (b) provide general figures on the percentage of contracts and policies that include no mental
                  health coverage, 50/50 mental health coverage, catastrophic mental health coverage, and coverage
                  that exceeds the minimum requirements of this section.
                      (7) The Health and Human Services Interim Committee shall review:

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                      (a) the impact of this section on insurers, employers, providers, and consumers of mental
                  health services before January 1, 2004; and
                      (b) make a recommendation as to whether the provisions of this section should be modified
                  and whether the cost-sharing requirements for mental health conditions should be the same as for
                  physical health conditions.
                      (8) (a) An insurer shall offer catastrophic mental health coverage as part of a health
                  maintenance organization contract that is governed by Chapter 8, Health Maintenance Organizations
                  and Limited Health Plans, that is in effect on or after January 1, 2001.
                      (b) An insurer shall offer catastrophic mental health coverage as a part of a health insurance
                  policy that is not governed by Chapter 8, Health Maintenance Organizations and Limited Health
                  Plans, that is in effect on or after July 1, 2001.
                      (c) This section does not apply to the purchase or renewal of an individual insurance policy
                  or contract.
                      (d) Notwithstanding Subsection (8)(c), nothing in this section may be construed as
                  discouraging or otherwise preventing insurers from continuing to provide mental health coverage
                  in connection with an individual policy or contract.
                      (9) This section shall be repealed in accordance with Section 63-55-231 .
                      Section 53. Section 31A-23-102 is amended to read:
                       31A-23-102. Definitions.
                      As used in this chapter:
                      (1) Except as provided in Subsection (2):
                      (a) "Escrow" is a license category that allows a person to conduct escrows, settlements, or
                  closings on behalf of a title insurance agency or a title insurer.
                      (b) "Limited license" means a license that is issued for a specific product of insurance and
                  limits an individual or agency to transact only for those products.
                      (c) "Search" is a license category that allows a person to issue title insurance commitments
                  or policies on behalf of a title insurer.
                      (d) "Title marketing representative" means a person who:

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                      (i) represents a title insurer in soliciting, requesting, or negotiating the placing of:
                      (A) title insurance; or
                      (B) escrow, settlement, or closing services; and
                      (ii) does not have a search or escrow license.
                      (2) The following persons are not acting as agents, brokers, title marketing representatives,
                  or consultants when acting in the following capacities:
                      (a) any regular salaried officer, employee, or other representative of an insurer or licensee
                  under this chapter who devotes substantially all of the officer's, employee's, or representative's
                  working time to activities other than those described in Subsection (1) and Subsections
                  31A-1-301 (51), (52), and (54) including the clerical employees of persons required to be licensed
                  under this chapter;
                      (b) a regular salaried officer or employee of a person seeking to purchase insurance, who
                  receives no compensation that is directly dependent upon the amount of insurance coverage
                  purchased;
                      (c) a person who gives incidental advice in the normal course of a business or professional
                  activity, other than insurance consulting, if neither that person nor that person's employer receives
                  direct or indirect compensation on account of any insurance transaction that results from that advice;
                      (d) a person who, without special compensation, performs incidental services for another
                  at the other's request, without providing advice or technical or professional services of a kind
                  normally provided by an agent, broker, or consultant;
                      (e) a holder of a group insurance policy, or any other person involved in mass marketing, but
                  only:
                      (i) with respect to administrative activities in connection with that type of policy, including
                  the collection of premiums; and
                      (ii) if the person receives no compensation for the activities described in Subsection (2)(e)(i)
                  beyond reasonable expenses including a fair payment for the use of capital; and
                      (f) a person who gives advice or assistance without direct or indirect compensation or any
                  expectation of direct or indirect compensation.

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                      (3) "Actuary" means a person who is a member in good standing of the American Academy
                  of Actuaries.
                      (4) "Agency" means a person other than an individual, and includes a sole proprietorship by
                  which a natural person does business under an assumed name.
                      [(6)] (5) "Bail bond agent" means any individual:
                      (a) appointed by an authorized bail bond surety insurer or appointed by a licensed bail bond
                  surety company to execute or countersign undertakings of bail in connection with judicial
                  proceedings; and
                      (b) who receives or is promised money or other things of value for this service.
                      [(5)] (6) "Broker" means an insurance broker or any other person, firm, association, or
                  corporation that for any compensation, commission, or other thing of value acts or aids in any
                  manner in soliciting, negotiating, or procuring the making of any insurance contract on behalf of an
                  insured other than itself.
                      (7) "Captive insurer" means:
                      (a) an insurance company owned by another organization whose exclusive purpose is to
                  insure risks of the parent organization and affiliated companies; or
                      (b) in the case of groups and associations, an insurance organization owned by the insureds
                  whose exclusive purpose is to insure risks of member organizations, group members, and their
                  affiliates.
                      (8) "Controlled insurer" means a licensed insurer that is either directly or indirectly
                  controlled by a broker.
                      (9) "Controlling broker" means a broker who either directly or indirectly controls an insurer.
                      (10) "Controlling person" means any person, firm, association, or corporation that directly
                  or indirectly has the power to direct or cause to be directed, the management, control, or activities
                  of a reinsurance intermediary.
                      (11) "Insurer" is as defined in Section 31A-1-301 , except the following persons or similar
                  persons are not insurers for purposes of Part 6, Broker Controlled Insurers:
                      (a) all risk retention groups as defined in:

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                      (i) the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499;
                      (ii) the Risk Retention Act, 15 U.S.C. Sec. 3901 et seq.; and
                      (iii) Title 31A, Chapter 15, Part II, Risk Retention Groups Act;
                      (b) all residual market pools and joint underwriting authorities or associations; and
                      (c) all captive insurers.
                      (12) (a) "Managing general agent" means any person, firm, association, or corporation that:
                      (i) manages all or part of the insurance business of an insurer, including the management of
                  a separate division, department, or underwriting office;
                      (ii) acts as an agent for the insurer whether it is known as a managing general agent,
                  manager, or other similar term;
                      (iii) with or without the authority, either separately or together with affiliates, directly or
                  indirectly produces and underwrites an amount of gross direct written premium equal to, or more
                  than 5% of, the policyholder surplus as reported in the last annual statement of the insurer in any one
                  quarter or year; and
                      (iv) either adjusts or pays claims in excess of an amount determined by the commissioner,
                  or that negotiates reinsurance on behalf of the insurer.
                      (b) Notwithstanding Subsection (12)(a), the following persons may not be considered as
                  managing general agent for the purposes of this chapter:
                      (i) an employee of the insurer;
                      (ii) a U.S. manager of the United States branch of an alien insurer;
                      (iii) an underwriting manager that, pursuant to contract:
                      (A) manages all the insurance operations of the insurer;
                      (B) is under common control with the insurer;
                      (C) is subject to Title 31A, Chapter 16, Insurance Holding Companies; and
                      (D) is not compensated based on the volume of premiums written; and
                      (iv) the attorney-in-fact authorized by and acting for the subscribers of a reciprocal insurer
                  or inter-insurance exchange under powers of attorney.
                      (13) "Producer" is a person who arranges for insurance coverages between insureds and

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                  insurers.
                      (14) "Qualified U.S. financial institution" means an institution that:
                      (a) is organized or, in the case of a U.S. office of a foreign banking organization licensed,
                  under the laws of the United States or any state;
                      (b) is regulated, supervised, and examined by U.S. federal or state authorities having
                  regulatory authority over banks and trust companies; and
                      (c) has been determined by either the commissioner, or the Securities Valuation Office of
                  the National Association of Insurance Commissioners, to meet the standards of financial condition
                  and standing that are considered necessary and appropriate to regulate the quality of financial
                  institutions whose letters of credit will be acceptable to the commissioner.
                      (15) "Reinsurance intermediary" means a reinsurance intermediary-broker or a reinsurance
                  intermediary-manager as these terms are defined in Subsections (16) and (17).
                      (16) "Reinsurance intermediary-broker" means a person other than an officer or employee
                  of the ceding insurer, firm, association, or corporation who solicits, negotiates, or places reinsurance
                  cessions or retrocessions on behalf of a ceding insurer without the authority or power to bind
                  reinsurance on behalf of the insurer.
                      (17) (a) "Reinsurance intermediary-manager" means a person, firm, association, or
                  corporation who:
                      (i) has authority to bind or who manages all or part of the assumed reinsurance business of
                  a reinsurer, including the management of a separate division, department, or underwriting office; and
                      (ii) acts as an agent for the reinsurer whether the person, firm, association, or corporation
                  is known as a reinsurance intermediary-manager, manager, or other similar term.
                      (b) Notwithstanding Subsection (17)(a), the following persons may not be considered
                  reinsurance intermediary-managers for the purpose of this chapter with respect to the reinsurer:
                      (i) an employee of the reinsurer;
                      (ii) a U.S. manager of the United States branch of an alien reinsurer;
                      (iii) an underwriting manager that, pursuant to contract:
                      (A) manages all the reinsurance operations of the reinsurer;

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                      (B) is under common control with the reinsurer;
                      (C) is subject to Title 31A, Chapter 16, Insurance Holding Companies; and
                      (D) is not compensated based on the volume of premiums written; and
                      (iv) the manager of a group, association, pool, or organization of insurers that:
                      (A) engage in joint underwriting or joint reinsurance; and
                      (B) are subject to examination by the insurance commissioner of the state in which the
                  manager's principal business office is located.
                      (18) "Reinsurer" means any person, firm, association, or corporation duly licensed in this
                  state as an insurer with the authority to assume reinsurance.
                      (19) "Surplus lines broker" means a person licensed under Subsection 31A-23-204 (5) to
                  place insurance with unauthorized insurers in accordance with Section 31A-15-103 .
                      (20) "Underwrite" means the authority to accept or reject risk on behalf of the insurer.
                      Section 54. Section 31A-29-103 is amended to read:
                       31A-29-103. Definitions.
                      As used in this chapter:
                      (1) "Board" means the board of directors of the pool created in Section 31A-29-104 .
                      (2) "Health care facility" means any entity providing health care services which is licensed
                  under Title 26, Chapter 21.
                      (3) "Health care provider" has the same meaning as provided in Section 78-14-3 .
                      (4) "Health care services" means any service or product used in furnishing to any individual
                  medical care or hospitalization, or incidental to furnishing medical care or hospitalization, and any
                  other service or product furnished for the purpose of preventing, alleviating, curing, or healing
                  human illness or injury.
                      (5) (a) "Health insurance" means any:
                      (i) hospital and medical expense-incurred policy;
                      (ii) nonprofit health care service plan contract; and
                      (iii) health maintenance organization subscriber contract.
                      (b) "Health insurance" does not include any insurance arising out of the Workers'

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                  Compensation Act or similar law, automobile medical payment insurance, or insurance under which
                  benefits are payable with or without regard to fault and which is required by law to be contained in
                  any liability insurance policy[;].
                      (6) "Health maintenance organization" has the same meaning as provided in Section
                  31A-8-101 .
                      (7) "Health plan" means any arrangement by which a person, including a dependent or
                  spouse, covered or making application to be covered under the pool has access to hospital and
                  medical benefits or reimbursement including group or individual insurance or subscriber contract;
                  coverage through a health maintenance organization, preferred provider prepayment, group practice,
                  or individual practice plan; coverage under an uninsured arrangement of group or group-type
                  contracts including employer self-insured, cost-plus, or other benefits methodologies not involving
                  insurance; coverage under a group type contract which is not available to the general public and can
                  be obtained only because of connection with a particular organization or group; and coverage by
                  medicare or other governmental benefit. The term includes coverage through health insurance.
                      (8) "Insured" means an individual resident of this state who is eligible to receive benefits
                  from any insurer, health maintenance organization, or other health plan.
                      (9) "Insurer" means an insurance company authorized to transact disability insurance
                  business in this state, health maintenance organization, and a self-insurer not subject to federal
                  preemption.
                      (10) "Medicaid" means coverage under Title XIX of the Social Security Act, 42 U.S.C. Sec.
                  1396 et seq., as amended.
                      (11) "Medicare" means coverage under both Part A and B of Title XVIII of the Social
                  Security Act, 42 U.S.C. 1395 et seq., as amended.
                      (12) "Plan of operation" means the plan developed by the board in accordance with Section
                  31A-29-105 and includes the articles, bylaws, and operating rules adopted by the board under
                  Section 31A-29-106 .
                      (13) "Pool" means the Utah Comprehensive Health Insurance Pool created in Section
                  31A-29-104 .

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                      (14) "Pool Fund" means the Comprehensive Health Insurance Pool Enterprise Fund created
                  in Section 31A-29-120 .
                      (15) "Pool policy" means an insurance policy issued under this chapter.
                      (16) "Third-party administrator" has the same meaning as provided in Section 31A-1-301 .
                      Section 55. Section 31A-35-608 is amended to read:
                       31A-35-608. Premiums and authorized charges.
                      (1) A bail bond surety or bail bond agent may not, in any bail transaction or in connection
                  with that transaction, directly or indirectly, charge or collect money or other valuable consideration
                  from any person except to:
                      (a) pay the premium on the bail at the rates established by the bail bond surety;
                      (b) provide collateral;
                      (c) reimburse himself for actual expenses, as described in Subsection (2), incurred in
                  connection with the bail bond transaction; or
                      (d) to reimburse himself, or to establish a right of action against the principal or any
                  indemnitor, for actual expenses the bail bond surety or bail bond agent incurred:
                      (i) in good faith; and
                      (ii) which were by reason of breach by the defendant of any of the terms of the written
                  agreement under which the undertaking of bail or bail bond was written.
                      (2) (a) A bail bond surety may bring an action in a court of law to enforce its equitable rights
                  against the principal and the principal's indemnitors in exoneration if:
                      (i) a bail bond agent did not establish a written agreement; or
                      (ii) there is only an incomplete writing.
                      (b) Reimbursement claimed under this Subsection (2) may not exceed the sum of:
                      (i) the principal sum of the bail bond or undertaking; and
                      (ii) any reasonable expenses that:
                      (A) are verified by receipt;
                      (B) in total do not amount to more than the principal sum of the bail bond or undertaking;
                  and

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                      (C) are incurred in good faith by the bail bond surety, its agents, and employees by reason
                  of the principal's breach.
                      (3) This section does not affect or impede the right of a bail bond agent to execute
                  undertaking of bail on behalf of a nonresident agent of the bail bond surety the bail bond agent
                  represents.
                      Section 56. Section 34A-1-309 is amended to read:
                       34A-1-309. Attorneys' fees.
                      (1) In all cases coming before the commission in which attorneys have been employed, the
                  commission is vested with full power to regulate and fix the fees of the attorneys.
                      (2) In accordance with Title 63, Chapter 46b, Administrative Procedures Act, an attorney
                  may file an application for hearing with the Division of Adjudication to appeal a decision or final
                  order to the extent it concerns the award of attorney fees.
                      (3) (a) The commission may award reasonable attorneys' fees on a contingency basis when
                  disability or death benefits or interest on disability or death benefits are generated.
                      (b) Attorney fees awarded under Subsection [(2)] (3)(a) shall be paid by the employer or its
                  insurance carrier out of the award of disability or death benefits, or interest on disability or death
                  benefits.
                      (4) (a) If the commission orders that only medical benefits be paid, the commission may
                  award reasonable attorneys' fee on a contingency basis for medical benefits ordered paid if:
                      (i) the commission's informal dispute resolution mechanisms were fully used by the parties
                  prior to adjudication; and
                      (ii) at no time were disability or death benefits or interest on disability or death benefits at
                  issue in the adjudication of the medical benefit claim.
                      (b) Attorneys' fees awarded under Subsection (3)(a) shall be paid by the employer or its
                  insurance carrier in addition to the payment of medical benefits ordered.
                      Section 57. Section 34A-2-105 is amended to read:
                       34A-2-105. Exclusive remedy against employer, and officer, agent, or employee of
                  employer _ Employee leasing arrangements.

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                      (1) The right to recover compensation pursuant to this chapter for injuries sustained by an
                  employee, whether resulting in death or not, shall be the exclusive remedy against the employer and
                  shall be the exclusive remedy against any officer, agent, or employee of the employer and the
                  liabilities of the employer imposed by this chapter shall be in place of any and all other civil liability
                  whatsoever, at common law or otherwise, to the employee or to the employee's spouse, widow,
                  children, parents, dependents, next of kin, heirs, personal representatives, guardian, or any other
                  person whomsoever, on account of any accident or injury or death, in any way contracted, sustained,
                  aggravated, or incurred by the employee in the course of or because of or arising out of the
                  employee's employment, and no action at law may be maintained against an employer or against any
                  officer, agent, or employee of the employer based upon any accident, injury, or death of an employee.
                  Nothing in this section, however, shall prevent an employee, or the employee's dependents, from
                  filing a claim for compensation in those cases in accordance with Chapter 3, Utah Occupational
                  Disease Act.
                      (2) The exclusive remedy provisions of this section apply to both the client company and the
                  employee leasing company in an employee leasing arrangement under Title 58, Chapter 59,
                  Professional Employer Organization Licensing Act.
                      (3) (a) For purposes of this section:
                      (i) "Temporary employee" means an individual who for temporary work assignment is:
                      (A) an employee of a temporary staffing company; or
                      (B) registered by or otherwise associated with a temporary staffing company.
                      (ii) "Temporary staffing company" means a company that engages in the assignment of
                  individuals as temporary full-time or part-time employees to fill assignments with a finite ending
                  date to another independent entity.
                      (b) If the temporary staffing company secures the payment of workers' compensation in
                  accordance with Section [ 35A-3-201 ] 34A-2-201 for all temporary employees of the temporary
                  staffing company, the exclusive remedy provisions of this section apply to both the temporary
                  staffing company and the client company and its employees and provide the temporary staffing
                  company the same protection that a client company and its employees has under this section for the

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                  acts of any of the temporary staffing company's temporary employees on assignment at the client
                  company worksite.
                      Section 58. Section 35A-3-102 is amended to read:
                       35A-3-102. Definitions.
                      As used in this chapter:
                      (1) "Applicant" means a person who requests assistance under this chapter.
                      (2) "Average monthly number of families" means the average number of families who
                  received cash assistance on a monthly basis during the previous federal fiscal year, starting from
                  October 1, 1998 to September 30, 1999, and continuing each year thereafter.
                      (3) "Cash assistance" means a monthly dollar amount of cash a client is eligible to receive
                  under Section 35A-3-302 .
                      (4) "Child care services" means care of a child for a portion of the day that is less than 24
                  hours in a qualified setting, as defined by rule, by a responsible person who is not the child's parent
                  or legal guardian.
                      (5) "Date of enrollment" means the date on which the applicant was approved as eligible for
                  cash assistance.
                      (6) "Director" means the director of the division.
                      (7) "Diversion" means a single payment of cash assistance under Section 35A-3-303 to a
                  client who is eligible for but does not require extended cash assistance under Part 3, Family
                  Employment Program.
                      (8) "Division" means the Division of Employment Development.
                      (9) "Education or training" means:
                      (a) basic remedial education;
                      (b) adult education;
                      (c) high school education;
                      (d) education to obtain the equivalent of a high school diploma;
                      (e) education to learn English as a second language;
                      (f) applied technology training;

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                      (g) employment skills training; or
                      (h) on-the-job training.
                      (10) "Full-time education or training" means training on a full-time basis as defined by the
                  educational institution attended by the parent client.
                      (11) "General assistance" means financial assistance provided to a person who is not
                  otherwise eligible for cash assistance under Part 3, Family Employment Program, because that
                  person does not live in a family with a related dependent child.
                      (12) "Parent client" means a person who enters into an employment plan with the division
                  to qualify for cash assistance under Part 3, Family Employment Program.
                      [(14)] (13) (a) "Passenger vehicle" means a self-propelled, two-axle vehicle intended
                  primarily for operation on highways and used by an applicant or client to meet basic transportation
                  needs and has a fair market value below 40% of the applicable amount of the federal luxury
                  passenger automobile tax established in 26 U.S.C. Sec. 4001 and adjusted annually for inflation.
                      (b) "Passenger vehicle" does not include:
                      (i) a commercial vehicle, as defined in Section 41-1a-102 ;
                      (ii) an off-highway vehicle, as defined in Section 41-1a-102 ; or
                      (iii) a motor home, as defined in Section 13-14-102 .
                      [(13)] (14) "Plan" or "state plan" means the state plan submitted to the Secretary of the
                  United States Department of Health and Human Services to receive funding from the United States
                  through the Temporary Assistance for Needy Families Block Grant.
                      (15) "Single minor parent" means a person under 18 years of age who is not married and has
                  a minor child in his care and custody.
                      Section 59. Section 36-12-8 is amended to read:
                       36-12-8. Legislative Management Committee -- Research and General Counsel
                  Subcommittee -- Budget Subcommittee -- Audit Subcommittee -- Duties -- Members --
                  Meetings.
                      (1) There is created within the Legislative Management Committee three subcommittees
                  having equal representation from each major political party. The subcommittees, their membership,

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                  and their functions are as follows:
                      (a) The Research and General Counsel Subcommittee, comprising six members, shall
                  recommend to the Legislative Management Committee a person or persons to hold the positions of
                  director of the Office of Legislative Research and General Counsel and legislative general counsel.
                      (b) The Budget Subcommittee, comprising six members, shall recommend to the Legislative
                  Management Committee a person to hold the position of legislative fiscal analyst.
                      (c) The Audit Subcommittee, comprising four members, shall:
                      (i) recommend to the Legislative Management Committee a person to hold the position of
                  legislative auditor general; and
                      (ii) (A) review all [request] requests for audits;
                      (B) prioritize those requests; and
                      (C) hear all audit reports and refer those reports to other legislative committees for their
                  further review and action as appropriate.
                      (2) The members of each subcommittee of the Legislative Management Committee shall be
                  appointed from the membership of the Legislative Management Committee by an appointments
                  committee comprised of the speaker and the minority leader of the House of Representatives and the
                  president and the minority leader of the Senate.
                      (3) Each subcommittee of the Legislative Management Committee shall meet as often as
                  necessary to perform its duties. They may meet during and between legislative sessions.
                      Section 60. Section 41-22-2 (Effective 04/30/01) is amended to read:
                       41-22-2 (Effective 04/30/01). Definitions.
                      As used in this chapter:
                      (1) "Advisory council" means the Off-highway Vehicle Advisory Council appointed by the
                  Board of Parks and Recreation.
                      (2) "All-terrain type I vehicle" means any motor vehicle 50 inches or less in width, having
                  an unladen dry weight of 800 pounds or less, traveling on three or more low pressure tires, having
                  a seat designed to be straddled by the operator, and designed for or capable of travel over
                  unimproved terrain.

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                      (3) "All-terrain type II vehicle" means any other motor vehicle, not defined in Subsection
                  (2), (9), or [(19)] (20), designed for or capable of travel over unimproved terrain. This term does not
                  include golf carts, any vehicle designed to carry a disabled person, any vehicle not specifically
                  designed for recreational use, or farm tractors as defined under Section 41-1a-102 .
                      (4) "Board" means the Board of Parks and Recreation.
                      (5) "Dealer" means a person engaged in the business of selling off-highway vehicles at
                  wholesale or retail.
                      (6) "Division" means the Division of Parks and Recreation.
                      (7) "Low pressure tire" means any pneumatic tire six inches or more in width designed for
                  use on wheels with rim diameter of 12 inches or less and utilizing an operating pressure of ten
                  pounds per square inch or less as recommended by the vehicle manufacturer.
                      (8) "Manufacturer" means a person engaged in the business of manufacturing off-highway
                  vehicles.
                      (9) "Motorcycle" means every motor vehicle having a saddle for the use of the operator and
                  designed to travel on not more than two tires.
                      (10) "Motor vehicle" means every vehicle which is self-propelled.
                      (11) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle, all-terrain type
                  II vehicle, or motorcycle.
                      (12) "Off-highway implement of husbandry" means every all-terrain type I vehicle,
                  motorcycle, or snowmobile which is used by the owner or his agent for agricultural operations.
                      (13) "Operate" means to control the movement of or otherwise use an off-highway vehicle.
                      (14) "Operator" means the person who is in actual physical control of an off-highway
                  vehicle.
                      (15) "Organized user group" means an off-highway vehicle organization incorporated as a
                  nonprofit corporation in the state under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation
                  Act, for the purpose of promoting the interests of off-highway vehicle recreation.
                      (16) "Owner" means a person, other than a person with a security interest, having a property
                  interest or title to an off-highway vehicle and entitled to the use and possession of that vehicle.

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                      (17) "Public land" means land owned or administered by any federal or state agency or any
                  political subdivision of the state.
                      (18) "Register" means the act of assigning a registration number to an off-highway vehicle.
                      (19) "Roadway" is used as defined in Section 41-6-1 .
                      (20) "Snowmobile" means any motor vehicle designed for travel on snow or ice and steered
                  and supported in whole or in part by skis, belts, cleats, runners, or low pressure tires.
                      (21) "Street or highway" means the entire width between boundary lines of every way or
                  place of whatever nature, when any part of it is open to the use of the public for vehicular travel.
                      Section 61. Section 41-22-2 (Superseded 04/30/01) is amended to read:
                       41-22-2 (Superseded 04/30/01). Definitions.
                      As used in this chapter:
                      (1) "Advisory council" means the Off-highway Vehicle Advisory Council appointed by the
                  Board of Parks and Recreation.
                      (2) "All-terrain type I vehicle" means any motor vehicle 50 inches or less in width, having
                  an unladen dry weight of 800 pounds or less, traveling on three or more low pressure tires, having
                  a seat designed to be straddled by the operator, and designed for or capable of travel over
                  unimproved terrain.
                      (3) "All-terrain type II vehicle" means any other motor vehicle, not defined in Subsection
                  (2), (9), or [(19)] (20), designed for or capable of travel over unimproved terrain. This term does not
                  include golf carts, any vehicle designed to carry a disabled person, any vehicle not specifically
                  designed for recreational use, or farm tractors as defined under Section 41-1a-102 .
                      (4) "Board" means the Board of Parks and Recreation.
                      (5) "Dealer" means a person engaged in the business of selling off-highway vehicles at
                  wholesale or retail.
                      (6) "Division" means the Division of Parks and Recreation.
                      (7) "Low pressure tire" means any pneumatic tire six inches or more in width designed for
                  use on wheels with rim diameter of 12 inches or less and utilizing an operating pressure of ten
                  pounds per square inch or less as recommended by the vehicle manufacturer.

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                      (8) "Manufacturer" means a person engaged in the business of manufacturing off-highway
                  vehicles.
                      (9) "Motorcycle" means every motor vehicle having a saddle for the use of the operator and
                  designed to travel on not more than two tires.
                      (10) "Motor vehicle" means every vehicle which is self-propelled.
                      (11) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle, all-terrain type
                  II vehicle, or motorcycle.
                      (12) "Off-highway implement of husbandry" means every all-terrain type I vehicle,
                  motorcycle, or snowmobile which is used by the owner or his agent for agricultural operations.
                      (13) "Operate" means to control the movement of or otherwise use an off-highway vehicle.
                      (14) "Operator" means the person who is in actual physical control of an off-highway
                  vehicle.
                      (15) "Organized user group" means an off-highway vehicle organization incorporated as a
                  nonprofit corporation in the state under Title 16, Chapter 6, Utah Nonprofit Corporation and
                  Co-operative Association Act, for the purpose of promoting the interests of off-highway vehicle
                  recreation.
                      (16) "Owner" means a person, other than a person with a security interest, having a property
                  interest or title to an off-highway vehicle and entitled to the use and possession of that vehicle.
                      (17) "Public land" means land owned or administered by any federal or state agency or any
                  political subdivision of the state.
                      (18) "Register" means the act of assigning a registration number to an off-highway vehicle.
                      (19) "Roadway" is used as defined in Section 41-6-1 .
                      (20) "Snowmobile" means any motor vehicle designed for travel on snow or ice and steered
                  and supported in whole or in part by skis, belts, cleats, runners, or low pressure tires.
                      (21) "Street or highway" means the entire width between boundary lines of every way or
                  place of whatever nature, when any part of it is open to the use of the public for vehicular travel.
                      Section 62. Section 46-4-105 is amended to read:
                       46-4-105. Use of electronic records and electronic signatures -- Variation by

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                  agreement.
                      (1) This chapter does not require a record or signature to be created, generated, sent,
                  communicated, received, stored, or otherwise processed or used by electronic means or in electronic
                  form.
                      (2) (a) This chapter applies only to transactions between parties each of which has agreed
                  to conduct transactions by electronic means.
                      (b) Whether or not the parties agree to conduct a transaction by electronic means is
                  determined from the context and surrounding circumstances, including the parties' conduct.
                      (3) (a) A party that agrees to conduct a transaction by electronic means may refuse to
                  conduct other transactions by electronic means.
                      (b) The right granted by [this] Subsection (3)(a) may not be waived by agreement.
                      (4) (a) Except as otherwise provided in this chapter, the effect of any of its provisions may
                  be varied by agreement.
                      (b) The presence in certain provisions of this chapter of the words "unless otherwise agreed,"
                  or words of similar import, does not imply that the effect of other provisions may not be varied by
                  agreement.
                      (5) Whether an electronic record or electronic signature has legal consequences is
                  determined by this chapter and other applicable law.
                      Section 63. Section 52-4-7.8 is amended to read:
                       52-4-7.8. Electronic meetings -- Authorization -- Requirements.
                      (1) As used in this section:
                      (a) "Anchor location" means the physical location from which the electronic meeting
                  originates or from which the participants are connected.
                      (b) "Electronic meeting" means a public meeting convened or conducted by means of a
                  telephonic, telecommunications, or computer conference.
                      (c) "Electronic notice" means electronic mail or fax.
                      (d) "Monitor" means to:
                      (i) hear, live, by speaker, or by other equipment, all of the public statements of each member

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                  of the public body who is participating in a meeting; or
                      (ii) see, by computer screen or other visual medium, all of the public statements of each
                  member of the public body who is participating in a meeting.
                      (e) "Participate" means the ability to communicate with all of the members of a public body,
                  either verbally or electronically, so that each member of the public body can hear or see the
                  communication.
                      (f) "Public hearing" means a meeting at which comments from the public will be accepted.
                      (g) "Public statement" means a statement made in the ordinary course of business of the
                  public body with the intent that all other members of the public body receive it.
                      (2) A public body may, by following the procedures and requirements of this section,
                  convene and conduct an electronic meeting.
                      (3) Each public body convening or conducting an electronic meeting shall:
                      (a) give public notice of the meeting pursuant to Section 52-4-6 by:
                      (i) posting written notice at the anchor location; and
                      (ii) providing written or electronic notice to:
                      (A) at least one newspaper of general circulation within the state; and
                      (B) to a local media correspondent;
                      (b) in addition to giving public notice required by Subsection [(1)] (3)(a), provide:
                      (i) notice of the electronic meeting to the members of the public body at least 24 hours
                  before the meeting so that they may participate in and be counted as present for all purposes,
                  including the determination that a quorum is present; and
                      (ii) a description of how the members will be connected to the electronic meeting;
                      (c) establish written procedures governing the electronic meeting at which one or more
                  members of a public body are participating by means of a telephonic or telecommunications
                  conference;
                      (d) establish one or more anchor locations for the public meeting, at least one of which is
                  in the building and city where the public body would normally meet if they were not holding an
                  electronic meeting;

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                      (e) provide space and facilities at the anchor location so that interested persons and the
                  public may attend and monitor the open portions of the meeting; and
                      (f) if the meeting is a public hearing, provide space and facilities at the anchor location so
                  that interested persons and the public may attend, monitor, and participate in the open portions of
                  the meeting.
                      (4) Compliance with the provisions of this section by a public body constitutes full and
                  complete compliance by the public body with the corresponding provisions of Sections 52-4-3 and
                  52-4-6 .
                      Section 64. Section 53A-2-206 is amended to read:
                       53A-2-206. Exchange and interstate compact students -- Inclusion in attendance count
                  -- Annual report -- Requirements for exchange student agencies.
                      (1) A school district may include membership and attendance of students for the purpose of
                  apportionment of state monies if:
                      (a) the student is an exchange student sponsored by an agency approved by the State Board
                  of Education, and the enrollment is in compliance with rules and enrollment limits set by the state
                  board; or
                      (b) the student is enrolled under an interstate compact, established between the State Board
                  of Education and the state education authority of another state, under which a student from one
                  compact state would be permitted to enroll in a public school in the other compact state on the same
                  basis as a resident student of the receiving state; or
                      (c) the student is receiving services under the Compact on Placement of Children.
                      (2) The board shall make an annual report to the Legislature on the number of exchange
                  students and the number of interstate compact students sent to or received from public schools
                  outside the state.
                      (3) (a) The board shall require each approved exchange student agency to provide it with a
                  sworn affidavit of compliance prior to the beginning of each school year.
                      (b) The affidavit shall include the following assurances:
                      (i) that the agency has complied with all applicable rules of the board;

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                      (ii) that a household study, including a background check of all adult residents, has been
                  made of each household where an exchange student is to reside, and that the study was of sufficient
                  scope to provide reasonable assurance that the exchange student will receive proper care and
                  supervision in a safe environment;
                      (iii) that host parents have received training appropriate to their positions, including
                  information about enhanced criminal penalties under Subsection 76-5-406 (10) for persons who are
                  in a position of special trust;
                      (iv) that a representative of the exchange student agency shall visit each student's place of
                  residence at least once each month during the student's stay in Utah;
                      (v) that the agency will cooperate with school and other public authorities to ensure that no
                  exchange student becomes an unreasonable burden upon the public schools or other public agencies;
                      (vi) that each exchange student will be given in [their] the exchange student's native
                  language names and telephone numbers of agency representatives and others who could be called
                  at any time if a serious problem occurs; and
                      (vii) that alternate placements are readily available so that no student is required to remain
                  in a household if conditions appear to exist which unreasonably endanger the student's welfare.
                      (4) (a) The board shall provide each approved exchange student agency with a list of names
                  and telephone numbers of individuals not associated with the agency who could be called by an
                  exchange student in the event of a serious problem.
                      (b) The agency shall make a copy of the list available to each of its exchange students in
                  [their] the exchange student's native language.
                      Section 65. Section 53A-15-305 is amended to read:
                       53A-15-305. Resolution of disputes in special education -- Hearing request -- Timelines
                  -- Levels -- Appeal process -- Recovery of costs.
                      (1) The Legislature finds that it is in the best interest of students with disabilities to provide
                  for a prompt and fair final resolution of disputes which may arise over educational programs and
                  rights and responsibilities of students with disabilities, their parents, and the public schools.
                      (2) Therefore, the State Board of Education shall adopt rules meeting the requirements of

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                  20 U.S.C. Section 1415 governing the establishment and maintenance of procedural safeguards for
                  students with disabilities and their parents or guardians as to the provision of free, appropriate public
                  education to those students.
                      (3) The timelines established by the board shall provide adequate time to address and resolve
                  disputes without unnecessarily disrupting or delaying the provision of free, appropriate public
                  education for students with disabilities.
                      (4) Prior to seeking a hearing or other formal proceedings, the parties to a dispute under this
                  section shall make a good faith effort to resolve the dispute informally at the school building level.
                      (5) (a) If the dispute is not resolved under Subsection (4), a party may request a due process
                  hearing.
                      (b) The hearing shall be conducted under rules adopted by the board in accordance with 20
                  U.S.C. Section 1415.
                      (6) (a) A party to the hearing may appeal the decision issued under Subsection (5) to a court
                  of competent jurisdiction under 20 U.S.C. Section 1415[(e)](i).
                      (b) The party must file the judicial appeal within 30 days after issuance of the due process
                  hearing decision.
                      (7) If the parties fail to reach agreement on payment of attorney fees, then a party seeking
                  recovery of attorney fees under 20 U.S.C. Section 1415[(e)](i) for a special education administrative
                  action shall file a court action within 30 days after issuance of a decision under Subsection (5).
                      Section 66. Section 53A-18-101 is amended to read:
                       53A-18-101. School district tax anticipation notes.
                      (1) A local school board may borrow money in anticipation of the collection of taxes or other
                  revenue of the school district so long as it complies with [the] Title 11, Chapter 14, Utah Municipal
                  Bond Act.
                      (2) The board may incur indebtedness under this section for any purpose for which district
                  funds may be expended, but not in excess of the estimated district revenues for the current school
                  year.
                      (3) Revenues include all revenues of the district from the state or any other source.

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                      (4) The district may incur the indebtedness prior to imposing or collecting the taxes or
                  receiving the revenues. The indebtedness bears interest at the lowest obtainable rate or rates.
                      Section 67. Section 53A-18-102 is amended to read:
                       53A-18-102. Additional indebtedness -- Election.
                      A local school board may require the qualified electors of the district to vote on a proposition
                  as to whether to incur indebtedness, subject to conditions provided in [the] Title 11, Chapter 14,
                  Utah Municipal Bond Act, under the following circumstances:
                      (1) if the debts of the district are equal to school taxes and other estimated revenues for the
                  school year, and it is necessary to create and incur additional indebtedness in order to maintain and
                  support schools within the district; or
                      (2) the local school board determines it advisable to issue school district bonds to purchase
                  school sites, buildings, or furnishings or to improve existing school property.
                      Section 68. Section 53A-28-302 is amended to read:
                       53A-28-302. State financial assistance intercept mechanism -- State treasurer duties
                  -- Interest and penalty provisions.
                      (1) (a) If one or more payments on bonds are made by the state treasurer as provided in
                  Section 53A-28-301 , the state treasurer shall:
                      (i) immediately intercept any payments from the Uniform School Fund or from any other
                  source of operating monies provided by the state to the board that issued the bonds that would
                  otherwise be paid to the board by the state; and
                      (ii) apply the intercepted payments to reimburse the state for payments made pursuant to the
                  state's guaranty until all obligations of the board to the state arising from those payments, including
                  interest and penalties, are paid in full.
                      (b) The state has no obligation to the board or to any person or entity to replace any monies
                  intercepted under authority of Subsection (1).
                      (2) The board that issued bonds for which the state has made all or part of a debt service
                  payment shall:
                      (a) reimburse all monies drawn by the state treasurer on its behalf;

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                      (b) pay interest to the state on all monies paid by the state from the date the monies were
                  drawn to the date they are repaid at a rate not less than the average prime rate for national money
                  center banks plus 1%; and
                      (c) pay all penalties required by this chapter.
                      (3) (a) The state treasurer shall establish the reimbursement interest rate after considering
                  the circumstances of any prior draws by the board on the state, market interest and penalty rates, and
                  the cost of funds, if any, that were required to be borrowed by the state to make payment on the
                  bonds.
                      (b) The state treasurer may, after considering the circumstances giving rise to the failure of
                  the board to make payment on its bonds in a timely manner, impose on the board a penalty of not
                  more than 5% of the amount paid by the state pursuant to its guaranty for each instance in which a
                  payment by the state is made.
                      (4) (a) (i) If the state treasurer determines that amounts obtained under this section will not
                  reimburse the state in full within one year from the state's payment of a board's scheduled debt
                  service payment, the state treasurer shall pursue any legal action, including mandamus, against the
                  board to compel it to:
                      (A) levy and provide property tax revenues to pay debt service on its bonds when due as
                  required by [the] Title 11, Chapter 14, Utah Municipal Bond Act; and
                      (B) meet its repayment obligations to the state.
                      (ii) In pursuing its rights under Subsection (4)(a), the state shall have the same substantive
                  and procedural rights under Title 11, Chapter 14, Utah Municipal Bond Act, as would a holder of
                  the bonds of a board.
                      (b) The attorney general shall assist the state treasurer in these duties.
                      (c) The board shall pay the attorney's fees, expenses, and costs of the state treasurer and the
                  attorney general.
                      (5) (a) Except as provided in Subsection (5)(c), any board whose operating funds were
                  intercepted under this section may replace those funds from other board monies or from ad valorem
                  property taxes, subject to the limitations provided in this subsection.

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                      (b) A board may use ad valorem property taxes or other monies to replace intercepted funds
                  only if the ad valorem property taxes or other monies were derived from:
                      (i) taxes originally levied to make the payment but which were not timely received by the
                  board;
                      (ii) taxes from a special levy made to make the missed payment or to replace the intercepted
                  monies;
                      (iii) monies transferred from the capital outlay fund of the board or the undistributed reserve,
                  if any, of the board; or
                      (iv) any other source of money on hand and legally available.
                      (c) Notwithstanding the provisions of Subsections (5)(a) and (b), a board may not replace
                  operating funds intercepted by the state with monies collected and held to make payments on bonds
                  if that replacement would divert monies from the payment of future debt service on the bonds and
                  increase the risk that the state's guaranty would be called upon a second time.
                      Section 69. Section 54-4-28 is amended to read:
                       54-4-28. Merger, consolidation, or combination.
       &n