Second Substitute S.B. 39

Senator D. Chris Buttars proposes to substitute the following bill:

1 ALLOWABLE USE OF COUNTY AND
2 CITY RESOURCES
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: D. Chris Buttars
6 This act modifies county and city provisions relating to a county or city's use of its resources
7 for nonprofit entities. The act authorizes counties and cities to use resources for private,
8 nonprofit entities. The act also makes technical changes.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 10-8-2, as last amended by Chapter 134, Laws of Utah 1993
12 17-50-303, as renumbered and amended by Chapter 133, Laws of Utah 2000
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 10-8-2 is amended to read:
15 10-8-2. Appropriations -- Acquisition and disposal of property.
16 (1) (a) A [board of commissioners or] city [council] legislative body may:
17 [(a)] (i) appropriate money for corporate purposes only;
18 [(b)] (ii) provide for payment of debts and expenses of the corporation;
19 [(c)] (iii) purchase, receive, hold, sell, lease, convey, and dispose of real and personal
20 property for the benefit of the city, whether the property is within or without the city's corporate
21 boundaries; [and]
22 [(d)] (iv) improve, protect, and do any other thing in relation to this property that an
23 individual could do[.]; and
24 (v) subject to Subsection (1)(b) and after first holding a public hearing, authorize city
25 services or other nonmonetary assistance to be provided to or waive fees required to be paid by a

26 nonprofit entity, whether or not the city receives consideration in return.
27 (b) The total of services or other nonmonetary assistance provided or fees waived under
28 Subsection (1)(a)(v) for any fiscal year may not exceed 1% of the city's budget for that fiscal year.
29 (2) It is considered a corporate purpose to appropriate money for any purpose that, in the
30 judgment of the [board of commissioners or] city [council] legislative body, provides for the
31 safety, health, prosperity, moral well-being, peace, order, comfort, or convenience of the
32 inhabitants of the city.
33 Section 2. Section 17-50-303 is amended to read:
34 17-50-303. County may not give or lend credit -- County may borrow in anticipation
35 of revenues -- Purposes.
36 (1) A county may not give or lend its credit to or in aid of any person or corporation, or,
37 except as provided in Subsection (3), appropriate money in aid of any private enterprise.
38 (2) (a) A county may borrow money in anticipation of the collection of taxes and other
39 county revenues in the manner and subject to the conditions of Title 11, Chapter 14, Utah
40 Municipal Bond Act.
41 [(3)] (b) A county may incur indebtedness under Subsection (2)(a) for any purpose for
42 which funds of the county may be expended.
43 (3) (a) Subject to Subsection (3)(b) and after first holding a public hearing, a county may
44 provide services or other nonmonetary assistance to or waive fees required to be paid by a
45 nonprofit entity, whether or not the county receives consideration in return.
46 (b) The total of services or other nonmonetary assistance provided or fees waived under
47 Subsection (3)(a) for any fiscal period may not exceed 1% of the county's budget for that fiscal
48 period.