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S.B. 99

             1     

REVISOR'S STATUTE

             2     
2001 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Michael G. Waddoups

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


             8      This act modifies parts of the Utah Code to make technical corrections including wording,
             9      cross references, numbering changes, and repealing the Utah Sesquicentennial Coordinating
             10      Council.
             11      This act affects sections of Utah Code Annotated 1953 as follows:
             12      AMENDS:
             13          4-37-503, as last amended by Chapter 302, Laws of Utah 1998
             14          7-5-5, as last amended by Chapter 260, Laws of Utah 2000
             15          7-15-1, as last amended by Chapters 100 and 171, Laws of Utah 1999
             16          7-15-2, as last amended by Chapters 100 and 171, Laws of Utah 1999
             17          8-5-5, as enacted by Chapter 132, Laws of Utah 1985
             18          10-6-151, as last amended by Chapter 20, Laws of Utah 1995
             19          10-7-3, as last amended by Chapter 269, Laws of Utah 1991
             20          10-7-8, as last amended by Chapter 2, Laws of Utah 1970
             21          10-8-62, as last amended by Chapter 285, Laws of Utah 1992
             22          10-8-63, as last amended by Chapter 132, Laws of Utah 1985
             23          11-13-1, as enacted by Chapter 14, Laws of Utah 1965
             24          11-13-2, as last amended by Chapter 47, Laws of Utah 1977
             25          11-13-5.6, as last amended by Chapter 337, Laws of Utah 1998
             26          11-26-1, as last amended by Chapter 262, Laws of Utah 2000
             27          13-8-5, as last amended by Chapter 238, Laws of Utah 2000


             28          15-7-12, as enacted by Chapter 62, Laws of Utah 1983
             29          16-4-12, as last amended by Chapter 75, Laws of Utah 2000
             30          16-6a-809 (Effective 04/30/01), as enacted by Chapter 300, Laws of Utah 2000
             31          17-18-1, as last amended by Chapter 149, Laws of Utah 2000
             32          17-18-1.5, as last amended by Chapters 279 and 372, Laws of Utah 1999
             33          17A-2-306, as renumbered and amended by Chapter 186, Laws of Utah 1990
             34          17A-2-307, as renumbered and amended by Chapter 186, Laws of Utah 1990
             35          17A-2-309, as renumbered and amended by Chapter 186, Laws of Utah 1990
             36          17A-2-423, as renumbered and amended by Chapter 186, Laws of Utah 1990
             37          17A-2-543, as last amended by Chapter 254, Laws of Utah 2000
             38          17A-2-556, as last amended by Chapters 75 and 254, Laws of Utah 2000
             39          17A-2-712, as last amended by Chapter 254, Laws of Utah 2000
             40          17A-2-747, as last amended by Chapter 254, Laws of Utah 2000
             41          17A-2-826, as renumbered and amended by Chapter 186, Laws of Utah 1990
             42          17A-2-1037, as renumbered and amended by Chapter 186, Laws of Utah 1990
             43          17A-2-1038, as last amended by Chapters 254 and 318, Laws of Utah 2000
             44          17A-2-1058, as renumbered and amended by Chapter 186, Laws of Utah 1990
             45          17A-2-1225, as last amended by Chapter 349, Laws of Utah 2000
             46          17A-2-1236, as last amended by Chapter 349, Laws of Utah 2000
             47          17A-2-1264, as last amended by Chapters 348 and 349, Laws of Utah 2000
             48          17A-2-1312, as renumbered and amended by Chapter 186, Laws of Utah 1990
             49          17A-2-1316, as renumbered and amended by Chapter 186, Laws of Utah 1990
             50          17A-2-1322, as renumbered and amended by Chapter 186, Laws of Utah 1990
             51          17A-2-1413, as last amended by Chapter 254, Laws of Utah 2000
             52          17A-2-1414, as renumbered and amended by Chapter 186, Laws of Utah 1990
             53          17A-2-1439, as last amended by Chapter 254, Laws of Utah 2000
             54          17A-2-1448, as last amended by Chapter 254, Laws of Utah 2000
             55          17A-2-1449, as last amended by Chapter 254, Laws of Utah 2000
             56          19-6-505, as renumbered and amended by Chapter 112, Laws of Utah 1991
             57          19-6-804, as renumbered and amended by Chapter 51, Laws of Utah 2000
             58          20A-3-304, as last amended by Chapters 75 and 328, Laws of Utah 2000


             59          20A-5-404, as last amended by Chapter 75, Laws of Utah 2000
             60          21-2-8, as renumbered and amended by Chapter 133, Laws of Utah 2000
             61          23-13-2, as last amended by Chapters 44 and 195, Laws of Utah 2000
             62          30-3-35, as last amended by Chapter 97, Laws of Utah 2000
             63          30-6-1, as last amended by Chapter 170, Laws of Utah 2000
             64          31A-22-625, as enacted by Chapter 267, Laws of Utah 2000
             65          31A-23-102, as last amended by Chapter 1, Laws of Utah 2000
             66          31A-29-103, as enacted by Chapter 232, Laws of Utah 1990
             67          31A-35-608, as last amended by Chapter 259, Laws of Utah 2000
             68          34A-1-309, as last amended by Chapter 205 and renumbered and amended by Chapter 375,
             69      Laws of Utah 1997
             70          34A-2-105, as last amended by Chapter 199, Laws of Utah 1999
             71          35A-3-102, as last amended by Chapter 161, Laws of Utah 2000
             72          36-12-8, as last amended by Chapter 165, Laws of Utah 2000
             73          41-22-2 (Effective 04/30/01), as last amended by Chapter 300, Laws of Utah 2000
             74          41-22-2 (Superseded 04/30/01), as last amended by Chapter 73, Laws of Utah 1999
             75          46-4-105, as enacted by Chapter 74, Laws of Utah 2000
             76          52-4-7.8, as enacted by Chapter 25, Laws of Utah 1997
             77          53A-2-206, as last amended by Chapter 103, Laws of Utah 1994
             78          53A-15-305, as last amended by Chapter 215, Laws of Utah 2000
             79          53A-18-101, as enacted by Chapter 2, Laws of Utah 1988
             80          53A-18-102, as last amended by Chapter 78, Laws of Utah 1990
             81          53A-28-302, as enacted by Chapter 62, Laws of Utah 1996
             82          54-4-28, Utah Code Annotated 1953
             83          54-4-29, Utah Code Annotated 1953
             84          54-4-30, Utah Code Annotated 1953
             85          54-9-5, as last amended by Chapter 3, Laws of Utah 1988
             86          54-13-1, as enacted by Chapter 131, Laws of Utah 1989
             87          55-3-2.5, as enacted by Chapter 115, Laws of Utah 1975
             88          55-5-6, as last amended by Chapter 285, Laws of Utah 1998
             89          57-1-5, as last amended by Chapter 124, Laws of Utah 1997


             90          59-1-503, as last amended by Chapter 86, Laws of Utah 2000
             91          59-1-703, as last amended by Chapter 169, Laws of Utah 1993
             92          59-1-704, as renumbered and amended by Chapter 3, Laws of Utah 1987
             93          59-1-1005, as enacted by Chapter 35, Laws of Utah 1991
             94          59-2-507, as renumbered and amended by Chapter 4, Laws of Utah 1987
             95          59-2-509, as last amended by Chapter 74, Laws of Utah 1987
             96          59-2-704, as last amended by Chapter 271, Laws of Utah 1995
             97          59-2-1351.5, as last amended by Chapter 79, Laws of Utah 1996
             98          59-2-1354, as repealed and reenacted by Chapter 3, Laws of Utah 1988
             99          59-2-1361, as last amended by Chapter 4, Laws of Utah 1992
             100          59-7-114, as repealed and reenacted by Chapter 169, Laws of Utah 1993
             101          59-7-612, as last amended by Chapter 59, Laws of Utah 1999
             102          59-10-540, as renumbered and amended by Chapter 2, Laws of Utah 1987
             103          59-10-541, as renumbered and amended by Chapters 2 and 3, Laws of Utah 1987
             104          59-10-603, as last amended by Chapter 345, Laws of Utah 1997
             105          59-12-102 (Effective 07/01/01), as last amended by Chapter 253, Laws of Utah 2000
             106          59-12-102 (Superseded 07/01/01), as last amended by Chapters 63 and 362, Laws of Utah
             107      1999
             108          59-12-111, as last amended by Chapter 86, Laws of Utah 2000
             109          59-12-117, as last amended by Chapter 4, Laws of Utah 1993
             110          59-13-202.5, as enacted by Chapter 174, Laws of Utah 2000
             111          59-13-301.5, as enacted by Chapter 258, Laws of Utah 2000
             112          59-13-307, as last amended by Chapter 271, Laws of Utah 1997
             113          59-13-322, as enacted by Chapter 174, Laws of Utah 2000
             114          59-22-101, as last amended by Chapter 1 and renumbered and amended by Chapter 229,
             115      Laws of Utah 2000
             116          62A-4a-412, as last amended by Chapters 304 and 321, Laws of Utah 2000
             117          62A-11-304.2, as last amended by Chapter 161, Laws of Utah 2000
             118          63-55-258, as last amended by Chapter 66, Laws of Utah 2000
             119          63-95-203, as enacted by Chapter 210, Laws of Utah 2000
             120          63A-6-105, as last amended by Chapter 18, Laws of Utah 1999


             121          63A-6-106, as last amended by Chapter 413, Laws of Utah 1998
             122          63A-9-805, as renumbered and amended by Chapter 252, Laws of Utah 1997
             123          63B-7-502, as enacted by Chapter 67, Laws of Utah 1998
             124          67-1-9, as enacted by Chapter 252, Laws of Utah 1977
             125          67-1a-1, as enacted by Chapter 68, Laws of Utah 1984
             126          73-10b-2, as last amended by Chapter 282, Laws of Utah 2000
             127          73-10d-4, as last amended by Chapter 245, Laws of Utah 1985
             128          73-10d-7, as last amended by Chapter 245, Laws of Utah 1985
             129          73-10h-8, as last amended by Chapter 10, Laws of Utah 1997
             130          76-8-316, as enacted by Chapter 51, Laws of Utah 1995
             131          76-10-1201, as last amended by Chapter 92, Laws of Utah 1977
             132          76-10-1306, as enacted by Chapter 196, Laws of Utah 1973
             133          78-14-5, as enacted by Chapter 23, Laws of Utah 1976
             134          78-23-10, as enacted by Chapter 111, Laws of Utah 1981
             135      REPEALS:
             136          63C-5-101, as enacted by Chapter 233, Laws of Utah 1994
             137          63C-5-103, as enacted by Chapter 233, Laws of Utah 1994
             138          63C-5-104, as enacted by Chapter 233, Laws of Utah 1994
             139          63C-5-105, as enacted by Chapter 233, Laws of Utah 1994
             140          63C-5-106, as enacted by Chapter 233, Laws of Utah 1994
             141          63C-5-107, as enacted by Chapter 233, Laws of Utah 1994
             142      Be it enacted by the Legislature of the state of Utah:
             143          Section 1. Section 4-37-503 is amended to read:
             144           4-37-503. Fish Health Policy Board.
             145          (1) There is created within the department the Fish Health Policy Board which shall
             146      establish policies designed to prevent the outbreak of, control the spread of, and eradicate
             147      pathogens that cause disease in aquatic animals.
             148          (2) The Fish Health Policy Board shall:
             149          (a) determine procedures and requirements for certifying a source of aquatic animals as
             150      health approved, including:
             151          (i) the pathogens for which inspection is required to receive health approval;


             152          (ii) the pathogens which may not be present to receive health approval; and
             153          (iii) standards and procedures required for the inspection of aquatic animals;
             154          (b) establish procedures for the timely reporting of the presence of pathogens and disease
             155      threats;
             156          (c) create policies and procedures for, and appoint, an emergency response team to:
             157          (i) investigate serious threats of disease;
             158          (ii) develop and monitor a plan of action; and
             159          (iii) report to:
             160          (A) the commissioner of agriculture and food;
             161          (B) the director of the Division of Wildlife Resources; and
             162          (C) the chair of the Fish Health Policy Board; and
             163          (d) develop unified statewide aquaculture disease control plans.
             164          (3) The Fish Health Policy Board shall advise the commissioner of agriculture and food
             165      and the executive director of the Department of Natural Resources regarding:
             166          (a) educational programs and information systems to educate and inform the public about
             167      practices that the public may employ to prevent the spread of disease; and
             168          (b) communication and interaction between the department and the Division of Wildlife
             169      Resources regarding fish health policies and procedures.
             170          (4) (a) (i) The Fish Health Policy Board shall consist of seven members as follows:
             171          (A) one member shall be jointly appointed by the commissioner of agriculture and food
             172      and the executive director of the Department of Natural Resources;
             173          (B) two members shall be appointed by the commissioner of agriculture and food;
             174          (C) two members shall be appointed by the executive director of the Department of Natural
             175      Resources;
             176          (D) one member shall be the state veterinarian; and
             177          (E) one member shall be the director of the Division of Wildlife Resources.
             178          (ii) Each member appointed under Subsections (4)(a)(i)(A) through (C) shall be
             179      knowledgeable about the control of aquatic diseases.
             180          (iii) The member appointed under Subsection (4)(a)(i)(A) may not be an employee of, or
             181      a member of a board within, the Department of Agriculture and Food or Department of Natural
             182      Resources.


             183          (iv) Of the members appointed under Subsection (4)(a)(i)(B), one shall be an employee
             184      of the Division of Animal Industry and one shall be a representative of the aquaculture industry.
             185          (v) Of the members appointed under Subsection (4)(a)(i)(C), one shall be an employee of
             186      the Division of Wildlife Resources and one shall represent sport fishermen.
             187          (b) Except as required by Subsection (4)(c), the term of office of board members, other than
             188      the state veterinarian and the director of the Division of Wildlife Resources, shall be four years.
             189          (c) Notwithstanding the requirements of Subsection (4)(b), the commissioner and the
             190      executive director shall, at the time of appointment or reappointment, adjust the length of terms
             191      to ensure that the terms of board members are staggered so that approximately half of the board
             192      is appointed every two years.
             193          (d) When a vacancy occurs in the membership for any reason, the replacement shall be
             194      appointed for the unexpired term.
             195          (e) The member appointed under Subsection (4)(a)(i)(A) shall serve as chair of the board.
             196          (f) The board shall meet upon the call of the chair or a majority of the board members.
             197          (g) (i) An action of the board shall be adopted upon approval of four or more voting
             198      members.
             199          (ii) The chair may not vote.
             200          (5) (a) (i) Members who are not government employees shall receive no compensation or
             201      benefits for their services, but may receive per diem and expenses incurred in the performance of
             202      the member's official duties at the rates established by the Division of Finance under Sections
             203      63A-3-106 and 63A-3-107 .
             204          (ii) Members may decline to receive per diem and expenses for their service.
             205          (b) (i) State government officer and employee members who do not receive salary, per
             206      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             207      in the performance of their official duties from the board at the rates established by the Division
             208      of Finance under Sections 63A-3-106 and 63A-3-107 .
             209          (ii) State government officer and employee members may decline to receive per diem and
             210      expenses for their service.
             211          (6) (a) The board shall make rules consistent with its responsibilities and duties specified
             212      in this section.
             213          (b) Rules of the department and Fish Health Policy Board pertaining to the control of


             214      disease shall remain in effect until the Fish Health Policy Board enacts rules to replace those
             215      provisions.
             216          Section 2. Section 7-5-5 is amended to read:
             217           7-5-5. Revocation of trust authority -- Procedure.
             218          (1) (a) The commissioner may issue and serve upon a trust company a notice of intent to
             219      revoke the authority of the trust company to exercise the powers granted by this chapter, if, in the
             220      commissioner's opinion, the trust company:
             221          (i) [the trust company] is unlawfully or unsoundly exercising the powers granted under this
             222      chapter;
             223          (ii) has unlawfully or unsoundly exercised the powers granted under this chapter;
             224          (iii) has failed, for a period of five consecutive years, to exercise the powers granted by
             225      this chapter;
             226          (iv) fails or has failed to comply with requirements upon which its permit is conditioned;
             227      or
             228          (v) fails or has failed to comply with any rule of the commissioner.
             229          (b) The notice shall:
             230          (i) contain a statement of the facts constituting the alleged unlawful or unsound exercise
             231      of powers, or failure to exercise powers, or failure to comply; and
             232          (ii) fix the time and place at which a hearing will be held to determine whether an order
             233      revoking authority to execute those powers should issue against the trust company.
             234          (2) (a) If the trust company or its representative does not appear at the hearing, the
             235      commissioner may consider the trust company to be in default, and may issue a revocation order.
             236          (b) If default has occurred, or if upon the record made at any hearing the commissioner
             237      finds that any allegation specified in the notice of charges has been established, the commissioner
             238      shall issue and serve upon the trust company an order:
             239          (i) prohibiting it from accepting any new or additional trust accounts; and
             240          (ii) revoking its authority to exercise any powers granted under this chapter.
             241          (c) Any order issued under this section permits the trust company to continue to service
             242      all previously accepted trust accounts pending their expeditious divestiture or termination.
             243          (3) A revocation order shall become effective 30 days after service of the order upon the
             244      trust company and shall remain effective and enforceable, unless it is stayed, modified, terminated,


             245      or set aside by action of the commissioner or by judicial review as provided for in Section 7-1-714 .
             246          Section 3. Section 7-15-1 is amended to read:
             247           7-15-1. Definitions -- Civil liability of issuer -- Notice of action -- Collection costs --
             248      Exemptions.
             249          (1) As used in this chapter:
             250          (a) "Check" means a payment instrument on a depository institution including a:
             251          (i) check;
             252          (ii) draft;
             253          (iii) order; or
             254          (iv) other instrument.
             255          (b) "Issuer" means a person who makes, draws, signs, or issues a check, whether as
             256      corporate agent or otherwise, for the purpose of:
             257          (i) obtaining from any person any money, merchandise, property, or other thing of value;
             258      or
             259          (ii) paying for any service, wages, salary, or rent.
             260          (c) "Mailed" means the day that a notice is properly deposited in the United States mail.
             261          (2) (a) An issuer of a check is liable to the holder of the check if:
             262          (i) the check:
             263          (A) is not honored upon presentment; and
             264          (B) is marked "refer to maker";
             265          (ii) the account upon which the check is made or drawn:
             266          (A) does not exist;
             267          (B) has been closed; or
             268          (C) does not have sufficient funds or sufficient credit for payment in full of the check; or
             269          (iii) (A) the check is issued in partial or complete fulfillment of a valid and legally binding
             270      obligation; and
             271          (B) the issuer stops payment on the check with the intent to:
             272          (I) fraudulently defeat a possessory lien; or
             273          (II) otherwise defraud the holder of the check.
             274          (b) If an issuer of a check is liable under Subsection (2)(a), the issuer is liable for:
             275          (i) the check amount; and


             276          (ii) a service charge of $20.
             277          (3) (a) The holder of a check that has been dishonored may:
             278          (i) give written or oral notice of dishonor to the issuer of the check; and
             279          (ii) waive all or part of the service charge imposed under Subsection (2)(b).
             280          (b) Notwithstanding Subsection (2)(b), a holder of a check that has been dishonored may
             281      not collect and the issuer is not liable for the service charge imposed under Subsection (2)(b) if:
             282          (i) the holder redeposits the check; and
             283          (ii) that check is honored.
             284          (4) If the issuer does not pay the amount owed under Subsection (2)(b) within 15 calendar
             285      days from the day on which the notice required under Subsection (5) is mailed, the issuer is liable
             286      for:
             287          (a) the amount owed under Subsection (2)(b); and
             288          (b) collection costs not to exceed $20.
             289          (5) (a) A holder shall provide written notice to an issuer before:
             290          (i) charging collection costs under Subsection (4) in addition to the amount owed under
             291      Subsection (2)(b); or
             292          (ii) filing an action based upon this section.
             293          (b) The written notice required under Subsection (5)(a) shall notify the issuer of the
             294      dishonored check that:
             295          (i) if the amount owed under Subsection (2)(b) is not paid within 15 calendar days from
             296      the day on which the notice is mailed, the issuer is liable for:
             297          (A) the amount owed under Subsection (2)(b); and
             298          (B) collection costs under Subsection (4); and
             299          (ii) the holder may file civil action if the issuer does not pay to the holder the amount owed
             300      under Subsection (4) within 30 calendar days from the day on which the notice is mailed.
             301          (6) (a) If the issuer has not paid the holder the amounts owed under Subsection (4) within
             302      30 calendar days from the day on which the notice required by Subsection (5) is mailed, the holder
             303      may offer to not file civil action under this section if the issuer pays the holder:
             304          (i) the amount owed under Subsection (2)(b);
             305          (ii) the collection costs under Subsection (4);
             306          (iii) an amount that:


             307          (A) is equal to the greater of:
             308          (I) $50; or
             309          (II) triple the check amount; and
             310          (B) does not exceed the check amount plus $250; and
             311          (iv) if the holder retains an attorney to recover on the dishonored check, reasonable
             312      attorney's fees not to exceed $50.
             313          (b) (i) Notwithstanding Subsection (6)(a), all amounts charged or collected under
             314      Subsection (6)(a)(iii) shall be paid to and be the property of the original payee of the check.
             315          (ii) A person who is not the original payee may not retain any amounts charged or
             316      collected under Subsection (6)(a)(iii).
             317          (iii) The original payee of a check may not contract for a person to retain any amounts
             318      charged or collected under Subsection (6)(a)(iii).
             319          (7) (a) A civil action may not be filed under this section unless the issuer fails to pay the
             320      amounts owed under Subsection (4) within 30 calendar days from the day on which the notice
             321      required by Subsection (5) is mailed.
             322          (b) In a civil action, the issuer of the check is liable to the holder for:
             323          (i) the check amount;
             324          (ii) interest;
             325          (iii) all costs of collection, including all court costs and reasonable attorneys' fees; and
             326          (iv) damages:
             327          (A) equal to the greater of:
             328          (I) $100; or
             329          (II) triple the check amount; and
             330          (B) not to exceed the check amount plus $500.
             331          (c) If an issuer is held liable under Subsection (7)(b), notwithstanding Subsection (7)(b),
             332      a court may waive all or part of the amounts owed under Subsections (7)(b)(ii) through (iv) upon
             333      a finding of good cause.
             334          (d) (i) Notwithstanding Subsection (7)(b), all amounts charged or collected under
             335      Subsection (7)(b)(iv) shall be paid to and be the property of the original payee of the check.
             336          (ii) A person who is not the original payee may not retain any amounts charged or
             337      collected under Subsection (7)(b)(iv).


             338          (iii) The original payee of a check may not contract for a person to retain any amounts
             339      charged or collected under Subsection (7)(b)(iv).
             340          (8) This section may not be construed to prohibit the holder of the check from seeking
             341      relief under any other applicable statute or cause of action.
             342          (9) (a) Notwithstanding the other provisions of this section, a holder of a check is exempt
             343      from this section if:
             344          (i) the holder:
             345          (A) is a depository institution; or
             346          (B) a person that receives a payment on behalf of a depository institution;
             347          (ii) the check is a payment on a loan that originated at the depository institution that:
             348          (A) is the holder; or
             349          (B) on behalf of which the holder received the payment; and
             350          (iii) the loan contract states a specific service charge for dishonor.
             351          (b) A holder exempt under Subsection [(6)] (9)(a) may contract with an issuer for the
             352      collection of fees or charges for the dishonor of a check.
             353          Section 4. Section 7-15-3 is amended to read:
             354           7-15-3. Liability of financial institution upon wrongful dishonor.
             355          If a person is liable to a holder under Section 7-15-1 or under a contract with a depository
             356      institution as provided in Subsection 7-15-1 [(6)](9), and the liability is proximately caused by a
             357      financial institution's wrongful dishonor under Section 70A-4-402 , any award against the financial
             358      institution under Section 70A-4-402 shall include all amounts awarded against the person to the
             359      holder under:
             360          (1) Section 7-15-1 ; or
             361          (2) the contract with the depository institution as provided in Subsection 7-15-1 [(6)](9).
             362          Section 5. Section 8-5-5 is amended to read:
             363           8-5-5. Proceeds of resale of lots.
             364          The proceeds from the subsequent resale of any lot or parcel, title to which has been
             365      revested in the municipality under Section 8-5-2 or 8-5-6 , less the costs and expenses incurred in
             366      the proceeding, shall become part of the permanent care and improvement fund of the
             367      municipality, subject to subsequent disposition under [the] Title 10, Chapter 6, Uniform Fiscal
             368      Procedures Act for Utah Cities.


             369          Section 6. Section 10-6-151 is amended to read:
             370           10-6-151. Independent audits required.
             371          Independent audits of all cities are required, to be performed in conformity with Title 51,
             372      Chapter 2, Audits of Political Subdivisions, Interlocal Organizations and Other Local Entities. In
             373      the case of a city organized under Title 10, Chapter 3, Part 12, [Optional] Alternative Forms of
             374      Municipal Government [Act], the council shall appoint an independent auditor for the purpose of
             375      complying with the requirements of this section and of Title 51, Chapter 2, Audits of Political
             376      Subdivisions, Interlocal Organizations and Other Local Entities.
             377          Section 7. Section 10-7-3 is amended to read:
             378           10-7-3. Joining with county to create and maintain local health department --
             379      Adoption of ordinances and regulations required.
             380          (1) The governing body of every municipality shall join with the governing body of the
             381      county in which the municipality is located to create and maintain a local health department as
             382      provided in Title 26A, Chapter 1, Part 1, Local Health Department Act.
             383          (2) The municipality shall cooperate with the board of health of the local health
             384      department in the adoption of ordinances necessary for the protection of public health required
             385      in this title.
             386          Section 8. Section 10-7-8 is amended to read:
             387           10-7-8. Resolution on bond issue -- Election as provided by Utah Municipal Bond
             388      Act.
             389          When the board of commissioners, city council or the town board of trustees of any city
             390      or town shall have decided that incurring such bonded indebtedness is advisable, it shall by
             391      resolution specify the purpose for which the indebtedness is to be created and the amount of bonds
             392      which it is proposed to issue, and shall provide for submitting the question of the issue of such
             393      bonds to the qualified electors of the city or town at the next general election, or at a special
             394      election to be called for that purpose by the board of commissioners, city council or board of
             395      trustees in such manner and subject to such conditions as is provided in [the] Title 11, Chapter 14,
             396      Utah Municipal Bond Act. This section does not require an election for the issuance of refunding
             397      bonds or other bonds not required by the Constitution to be voted at an election.
             398          Section 9. Section 10-8-62 is amended to read:
             399           10-8-62. Cemeteries -- Purchase and operation.


             400          The city legislative body may:
             401          (1) purchase, hold, and pay for lands within or without the corporate limits for the burial
             402      of the dead, and all necessary grounds for hospitals;
             403          (2) have and exercise police jurisdiction over those lands, and over any cemetery used by
             404      the inhabitants of the city;
             405          (3) survey, plat, map, fence, ornament, and otherwise improve, manage, and operate public
             406      burial and cemetery grounds;
             407          (4) convey cemetery lots owned by the city, and pass ordinances for the protection and
             408      governing of these grounds consistent with Title 8, Chapter 5, Municipal Cemeteries;
             409          (5) contract for the care and improvement of cemeteries and cemetery lots, and for any
             410      compensation for the care and improvement;
             411          (6) receive deposits for the care of lots and invest the deposits by following the procedures
             412      and requirements of Title 51, Chapter 7, State Money Management Act; and
             413          (7) pay the cost of the care from any proceeds from the investment.
             414          Section 10. Section 10-8-63 is amended to read:
             415           10-8-63. Burial of dead -- Vital statistics.
             416          They may regulate the burial of the dead, consistent with Title 8, Chapter 5, Municipal
             417      Cemeteries, the registration of births and deaths, direct the returning and keeping of bills of
             418      mortality, and impose penalties on physicians, sextons, and others for any default therein.
             419          Section 11. Section 11-13-1 is amended to read:
             420           11-13-1. Title.
             421          This [act] chapter may be cited as the "Interlocal Co-operation Act."
             422          Section 12. Section 11-13-2 is amended to read:
             423           11-13-2. Purpose of act.
             424          It is the purpose of this [act] chapter:
             425          (1) to permit local governmental units to make the most efficient use of their powers by
             426      enabling them to co-operate with other localities on a basis of mutual advantage and thereby to
             427      provide services and facilities in a manner and [pursuant to] under forms of governmental
             428      organization that will accord best with geographic, economic, population and other factors
             429      influencing the needs and development of local communities; and
             430          (2) to provide the benefit of economy of scale, economic development, and utilization of


             431      natural resources for the overall promotion of the general welfare of the state.
             432          Section 13. Section 11-13-5.6 is amended to read:
             433           11-13-5.6. Contract by public agencies to create new entities to own sewage and
             434      wastewater facilities -- Powers and duties of new entities -- Validation of previously created
             435      entities.
             436          (1) It is declared that the policy of the state is to assure the health, safety, and welfare of
             437      its citizens, that adequate sewage and wastewater treatment plants and facilities are essential to the
             438      well-being of the citizens of the state and that the acquisition of adequate sewage and wastewater
             439      treatment plants and facilities on a regional basis in accordance with federal law and state and
             440      federal water quality standards and effluent standards in order to provide services to public
             441      agencies is a matter of statewide concern and is in the public interest. It is found and declared that
             442      there is a statewide need to provide for regional sewage and wastewater treatment plants and
             443      facilities, and as a matter of express legislative determination it is declared that the compelling
             444      need of the state for construction of regional sewage and wastewater treatment plants and facilities
             445      requires the creation of entities under the Interlocal Cooperation Act to own, construct, operate,
             446      and finance sewage and wastewater treatment plants and facilities; and it is the purpose of this law
             447      to provide for the accomplishment thereof in the manner provided in this section.
             448          (2) Any two or more public agencies of the state may also agree to create a separate legal
             449      or administrative entity to accomplish and undertake the purpose of owning, acquiring,
             450      constructing, financing, operating, maintaining, and repairing regional sewage and wastewater
             451      treatment plants and facilities.
             452          (3) A separate legal or administrative entity created in the manner provided herein is
             453      considered to be a political subdivision and body politic and corporate of the state with power to
             454      carry out and effectuate its corporate powers, including, but not limited to, the power:
             455          (a) to adopt, amend, and repeal rules, bylaws, and regulations, policies, and procedures for
             456      the regulation of its affairs and the conduct of its business, to sue and be sued in its own name, to
             457      have an official seal and power to alter that seal at will, and to make and execute contracts and all
             458      other instruments necessary or convenient for the performance of its duties and the exercise of its
             459      powers and functions under the Interlocal Cooperation Act;
             460          (b) to own, acquire, construct, operate, maintain, repair, or cause to be constructed,
             461      operated, maintained, and repaired one or more regional sewage and wastewater treatment plants


             462      and facilities, all as shall be set forth in the agreement providing for its creation;
             463          (c) to borrow money, incur indebtedness and issue revenue bonds, notes or other
             464      obligations payable solely from the revenues and receipts derived from all or a portion of the
             465      regional sewage and wastewater treatment plants and facilities which it owns, operates, and
             466      maintains, such bonds, notes, or other obligations to be issued and sold in compliance with the
             467      provisions of [the] Title 11, Chapter 14, Utah Municipal Bond Act;
             468          (d) to enter into agreements with public agencies and other parties and entities to provide
             469      sewage and wastewater treatment services on such terms and conditions as it considers to be in the
             470      best interests of its participants; and
             471          (e) to acquire by purchase or by exercise of the power of eminent domain, any real or
             472      personal property in connection with the acquisition and construction of any sewage and
             473      wastewater treatment plant and all related facilities and rights-of-way which it owns, operates, and
             474      maintains.
             475          (4) The provisions of Sections 11-13-25 , 11-13-26 , 11-13-27 , 11-13-28 , 11-13-29 ,
             476      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
             477      to a legal or administrative entity created for regional sewage and wastewater treatment purposes
             478      under this section.
             479          (5) All proceedings previously had in connection with the creation of any legal or
             480      administrative entity pursuant to this chapter, and all proceedings previously had by any such entity
             481      for the authorization and issuance of bonds of the entity are validated, ratified, and confirmed; and
             482      these entities are declared to be validly created interlocal cooperation entities under this chapter.
             483      These bonds, whether previously or subsequently issued pursuant to these proceedings, are
             484      validated, ratified, and confirmed and declared to constitute, if previously issued, or when issued,
             485      the valid and legally binding obligations of the entity in accordance with their terms. Nothing in
             486      this section shall be construed to affect or validate any bonds, or the organization of any entity, the
             487      legality of which is being contested at the time this act takes effect.
             488          (6) (a) The governing authority of each entity created under this section on or after May
             489      4, 1998, shall, within 30 days of the creation, file a written notice of the creation with the State Tax
             490      Commission.
             491          (b) Each written notice required under Subsection (6)(a) shall:
             492          (i) be accompanied by:


             493          (A) a copy of the agreement creating the entity; and
             494          (B) a map or plat that delineates a metes and bounds description of the area affected and
             495      evidence that the information has been recorded by the county recorder; and
             496          (ii) contain a certification by the governing authority that all necessary legal requirements
             497      relating to the creation have been completed.
             498          Section 14. Section 11-26-1 is amended to read:
             499           11-26-1. Definitions -- Ceiling on local charges based on gross revenues of public
             500      service provider.
             501          (1) As used in this [part] chapter:
             502          (a) (i) "Exchange access services" means telephone exchange lines or channels, and
             503      services provided in connection with them, which are necessary to provide access from the
             504      premises of a subscriber to the local switched public telecommunications network of the public
             505      utility to effect communication or the transfer of information.
             506          (ii) "Exchange access services" does not include:
             507          (A) private line services;
             508          (B) long distance toll services;
             509          (C) carrier access services;
             510          (D) telephonic services that are not regulated by the Utah Public Service Commission; and
             511          (E) services that emulate functions available in customer premises equipment.
             512          (b) "Local charge" means one or more of the following charges paid by a public service
             513      provider to a county or municipality:
             514          (i) a tax;
             515          (ii) a license;
             516          (iii) a fee;
             517          (iv) a license fee;
             518          (v) a license tax; or
             519          (vi) a charge similar to Subsections (1)(b)(i) through (v).
             520          (c) "Public service provider" means:
             521          (i) a public utility; or
             522          (ii) a person or entity engaged in the business of supplying:
             523          (A) telephone service; or


             524          (B) taxable energy as defined in Section 10-1-303 .
             525          (2) A county or a municipality may not impose upon, charge, or collect from a public
             526      service provider local charges:
             527          (a) imposed on the basis of the gross revenues of the public service provider;
             528          (b) derived from sales, use, or both sales and use of the service within the county or
             529      municipality; and
             530          (c) in a total amount that is greater than 6% of gross revenues.
             531          (3) The determination of gross revenues under this section may not include:
             532          (a) the sale of gas or electricity as special fuel for motor vehicles;
             533          (b) the sale of telephone service provided by a public utility regulated by the Utah Public
             534      Service Commission other than:
             535          (i) exchange access services;
             536          (ii) extended area service;
             537          (iii) customer access line charges; and
             538          (iv) any services for which a tax or other charge was being paid pursuant to this section
             539      as of January 1, 1992; or
             540          (c) a local charge.
             541          (4) This section may not be construed to:
             542          (a) affect or limit the power of counties or municipalities to impose sales and use taxes
             543      under Title 59, Chapter 12, Part 2, Local Sales and Use Tax Act, or Title 10, Chapter 1, Part 3,
             544      Municipal Energy Sales and Use Tax Act; or
             545          (b) grant any county or municipality the power to impose a local charge not otherwise
             546      provided for by law.
             547          (5) This section takes precedence over any conflicting provision of law.
             548          Section 15. Section 13-8-5 is amended to read:
             549           13-8-5. Definitions -- Limitation on retention proceeds withheld -- Deposit in
             550      interest-bearing escrow account -- Release of proceeds -- Payment to subcontractors --
             551      Penalty -- No waiver.
             552          (1) As used in this section:
             553          (a) (i) "Construction contract" means a written agreement between the parties relative to
             554      the design, construction, alteration, repair, or maintenance of a building, structure, highway,


             555      appurtenance, appliance, or other improvements to real property, including moving, demolition,
             556      and excavating for nonresidential commercial or industrial construction projects.
             557          (ii) If the construction contract is for construction of a project that is part residential and
             558      part nonresidential, this section applies only to that portion of the construction project that is
             559      nonresidential as determined pro rata based on the percentage of the total square footage of the
             560      project that is nonresidential.
             561          [(c)] (b) "Construction lender" means any person, including a bank, trust company, savings
             562      bank, industrial bank, land bank, safe deposit company, private banker, savings and loan
             563      association, credit union, cooperative bank, small loan company, sales finance company,
             564      investment company, or any other financial institution that advances monies to a borrower for the
             565      purpose of making alterations or improvements to real property. A construction lender does not
             566      include a person or entity who is acting in the capacity of contractor, original contractor, or
             567      subcontractor.
             568          [(b)] (c) "Contractor" means a person who, for compensation other than wages as an
             569      employee, undertakes any work in a construction trade, as defined in Section 58-55-102 and
             570      includes:
             571          (i) any person engaged as a maintenance person who regularly engages in activities set
             572      forth in Section 58-55-102 as a construction trade; or
             573          (ii) a construction manager who performs management and counseling services on a
             574      construction project for a fee.
             575          (d) "Original contractor" is as provided in Section 38-1-2 .
             576          (e) "Owner" means the person who holds any legal or equitable title or interest in property.
             577      Owner does not include a construction lender unless the construction lender has an ownership
             578      interest in the property other than solely as a construction lender.
             579          (f) "Public agency" means any state agency or political subdivision of the state that enters
             580      into a construction contract for an improvement of public property.
             581          (g) "Retention payment" means release of retention proceeds as defined in Subsection
             582      (1)(h).
             583          (h) "Retention proceeds" means monies earned by a contractor or subcontractor but
             584      retained by the owner or public agency pursuant to the terms of a construction contract to
             585      guarantee payment or performance by the contractor or subcontractor of the construction contract.


             586          (i) "Subcontractor" is as defined in Section 38-1-2 .
             587          (j) "Successful party" has the same meaning as it does under Section 38-1-18 .
             588          (2) (a) This section is applicable to all construction contracts relating to construction work
             589      or improvements entered into on or after July 1, 1999, between:
             590          (i) an owner or public agency and an original contractor;
             591          (ii) an original contractor and a subcontractor; and
             592          (iii) subcontractors under a contract described in Subsection (2)(a)(i) or (ii).
             593          (b) This section does not apply to a construction lender.
             594          (3) (a) Notwithstanding Section 58-55-603 , the retention proceeds withheld and retained
             595      from any payment due under the terms of the construction contract may not exceed 5% of the
             596      payment:
             597          (i) by the owner or public agency to the original contractor;
             598          (ii) by the original contractor to any subcontractor; or
             599          (iii) by a subcontractor.
             600          (b) The total retention proceeds withheld may not exceed 5% of the total construction
             601      price.
             602          (c) The percentage of the retention proceeds withheld and retained pursuant to a
             603      construction contract between the original contractor and a subcontractor or between
             604      subcontractors shall be the same retention percentage as between the owner and the original
             605      contractor if:
             606          (i) the retention percentage in the original construction contract between an owner and the
             607      original contractor is less than 5%; or
             608          (ii) after the original construction contract is executed but before completion of the
             609      construction contract the retention percentage is reduced to less than 5%.
             610          (4) (a) If any payment on a contract with a private contractor, firm, or corporation to do
             611      work for an owner or public agency is retained or withheld by the owner or the public agency, as
             612      retention proceeds, it shall be placed in an interest-bearing account.
             613          (b) The interest accrued under Subsection (4)(a) shall be:
             614          (i) for the benefit of the contractor and subcontractors; and
             615          (ii) paid after the project is completed and accepted by the owner or the public agency.
             616          (c) The contractor shall ensure that any interest accrued on the retainage is distributed by


             617      the contractor to subcontractors on a pro rata basis.
             618          (5) Any retention proceeds retained or withheld pursuant to this section and any accrued
             619      interest shall be released pursuant to a billing statement from the contractor within 45 days from
             620      the later of:
             621          (a) the date the owner or public agency receives the billing statement from the contractor;
             622          (b) the date that a certificate of occupancy or final acceptance notice is issued to:
             623          (i) the original contractor who obtained the building permit from the building inspector
             624      or public agency;
             625          (ii) the owner or architect; or
             626          (iii) the public agency;
             627          (c) the date that a public agency or building inspector having authority to issue its own
             628      certificate of occupancy does not issue the certificate but permits partial or complete occupancy
             629      of a newly constructed or remodeled building; or
             630          (d) the date the contractor accepts the final pay quantities.
             631          (6) If only partial occupancy of a building is permitted, any retention proceeds withheld
             632      and retained pursuant to this section and any accrued interest shall be partially released within 45
             633      days under the same conditions as provided in Subsection (5) in direct proportion to the value of
             634      the part of the building occupied.
             635          (7) The billing statement from the contractor as provided in Subsection (5)(a) shall include
             636      documentation of lien releases or waivers.
             637          (8) (a) Notwithstanding Subsection (3):
             638          (i) if a contractor or subcontractor is in default or breach of the terms and conditions of the
             639      construction contract documents, plans, or specifications governing construction of the project, the
             640      owner or public agency may withhold from payment for as long as reasonably necessary an amount
             641      necessary to cure the breach or default of the contractor or subcontractor; or
             642          (ii) if a project or a portion of the project has been substantially completed, the owner or
             643      public agency may retain until completion up to twice the fair market value of the work of the
             644      original contractor or of any subcontractor that has not been completed:
             645          (A) in accordance with the construction contract documents, plans, and specifications; or
             646          (B) in the absence of plans and specifications, to generally accepted craft standards.
             647          (b) An owner or public agency that refuses payment under Subsection (8)(a) shall describe


             648      in writing within 45 days of withholding such amounts what portion of the work was not
             649      completed according to the standards specified in Subsection (8)(a).
             650          (9) (a) Except as provided in Subsection (9)(b), an original contractor or subcontractor
             651      who receives retention proceeds shall pay each of its subcontractors from whom retention has been
             652      withheld each subcontractor's share of the retention received within ten days from the day that all
             653      or any portion of the retention proceeds is received:
             654          (i) by the original contractor from the owner or public agency; or
             655          (ii) by the subcontractor from:
             656          (A) the original contractor; or
             657          (B) a subcontractor.
             658          (b) Notwithstanding Subsection (9)(a), if a retention payment received by the original
             659      contractor is specifically designated for a particular subcontractor, payment of the retention shall
             660      be made to the designated subcontractor.
             661          (10) (a) In any action for the collection of the retained proceeds withheld and retained in
             662      violation of this section, the successful party is entitled to:
             663          (i) attorney's fees; and
             664          (ii) other allowable costs.
             665          (b) (i) Any owner, public agency, original contractor, or subcontractor who knowingly and
             666      wrongfully withholds a retention shall be subject to a charge of 2% per month on the improperly
             667      withheld amount, in addition to any interest otherwise due.
             668          (ii) The charge described in Subsection (10)(b)(i) shall be paid to the contractor or
             669      subcontractor from whom the retention proceeds have been wrongfully withheld.
             670          (11) A party to a construction contract may not require any other party to waive any
             671      provision of this section.
             672          Section 16. Section 15-7-12 is amended to read:
             673           15-7-12. Obligations subject to chapter.
             674          (1) Unless the official or official body of the issuer determines otherwise before or at the
             675      time of the original issuance of a registered public obligation, this act is applicable to such
             676      registered public obligation. When this act is applicable, the provisions of this act prevail over any
             677      inconsistent provision under any other law. Pursuant to Section 11-14-22 , this act is specifically
             678      made applicable to registered public obligations issued under [the] Title 11, Chapter 14, Utah


             679      Municipal Bond Act, in accordance with Section 11-14-16 .
             680          (2) Nothing in this act limits or prevents the issuance of obligations in any other form or
             681      manner authorized by law.
             682          (3) Unless determined otherwise pursuant to Subsection (1), this act is applicable with
             683      respect to obligations which have been approved before enactment of this act by vote, referendum,
             684      or hearing, which authorized or permitted the authorization of obligations in bearer and registered
             685      form, or in bearer form only, and such obligations need not be resubmitted for a further vote,
             686      referendum or hearing, for the purpose of authorizing or permitting the authorization of registered
             687      public obligations under this act.
             688          Section 17. Section 16-4-12 is amended to read:
             689           16-4-12. Notice of delinquency -- Form.
             690          If any portion of the assessment mentioned in the notice remains unpaid on the day
             691      specified therein when the stock shall be delinquent, the secretary shall, unless otherwise ordered
             692      by the board of directors, cause to be published in the same newspapers in which the notice
             693      hereinbefore provided for shall have been published a notice in the following form:
             694          (Name of corporation in full; location of principal place of business). Notice. There are
             695      delinquent upon the following described stock, on account of assessment levied on [the]
             696      __________(month/day/year), (and assessment levied previously thereto, if any) the several
             697      amounts set opposite the names of the respective shareholders as follows: (Names, number of
             698      certificate, number of shares, and amount) and in accordance with law[,] (and an order of the board
             699      of directors made on [the] __________(month/day/year), if any such order shall have been made)
             700      so many shares of each parcel of the stock as may be necessary will be sold at the (particular place)
             701      on [the] __________(month/day/year), at the hour of ____, to pay the delinquent assessments
             702      thereon, together with the cost of advertising and expenses of the sale. (Name of secretary, with
             703      location of office).
             704          Section 18. Section 16-6a-809 (Effective 04/30/01) is amended to read:
             705           16-6a-809 (Effective 04/30/01). Removal of directors by judicial proceeding.
             706          (1) (a) The applicable court may remove a director in a proceeding commenced either by
             707      the nonprofit corporation or by voting members holding at least 10% of the votes entitled to be cast
             708      in the election of the director's successor if the court finds that:
             709          (i) the director engaged in:


             710          (A) fraudulent or dishonest conduct; or
             711          (B) gross abuse of authority or discretion with respect to the nonprofit corporation; or
             712          (ii) (A) a final judgment has been entered finding that the director has violated a duty set
             713      forth in this Part [4] 8; and
             714          (B) removal is in the best interests of the nonprofit corporation.
             715          (b) For purposes of this Subsection (1), the applicable court is the:
             716          (i) district court of the county in this state where a nonprofit corporation's principal office
             717      is located; or
             718          (ii) if the nonprofit corporation has no principal office in this state:
             719          (A) the district court of the county in which its registered office is located; or
             720          (B) if the nonprofit corporation has no registered office, the district court for Salt Lake
             721      County.
             722          (2) The court that removes a director may bar the director for a period prescribed by the
             723      court from:
             724          (a) reelection;
             725          (b) reappointment; or
             726          (c) designation.
             727          (3) If voting members commence a proceeding under Subsection (1), the voting members
             728      shall make the nonprofit corporation a party defendant.
             729          (4) A director who is removed pursuant to this section may deliver to the division for filing
             730      a statement to that effect pursuant to Section 16-6a-1608 .
             731          Section 19. Section 17-18-1 is amended to read:
             732           17-18-1. Powers -- Duties of county attorney -- Prohibitions.
             733          (1) (a) In each county which is not within a prosecution district, the county attorney is a
             734      public prosecutor and shall:
             735          (i) conduct on behalf of the state all prosecutions for public offenses committed within the
             736      county, except for prosecutions undertaken by the city attorney under Section 10-3-928 and appeals
             737      from them;
             738          (ii) institute proceedings before the proper magistrate for the arrest of persons charged with
             739      or reasonably suspected of any public offense when in possession of information that the offense
             740      has been committed, and for that purpose shall attend court in person or by deputy in cases of


             741      arrests when required; and
             742          (iii) when it does not conflict with other official duties, attend to all legal business required
             743      in the county by the attorney general without charge when the interests of the state are involved.
             744          (b) All the duties and powers of public prosecutor shall be assumed and discharged by the
             745      county attorney.
             746          (2) The county attorney:
             747          (a) shall appear and prosecute for the state in the district court of the county in all criminal
             748      prosecutions;
             749          (b) may[, subject to Title 67, Chapter 23, Public Attorneys Act,] appear and prosecute in
             750      all civil cases in which the state may be interested; and
             751          (c) shall render assistance as required by the attorney general in all cases that may be
             752      appealed to the Supreme Court and shall prosecute the appeal from any crime charged by the
             753      county attorney as a misdemeanor in the district court.
             754          (3) The county attorney shall:
             755          (a) attend the deliberations of the grand jury;
             756          (b) draw all indictments and informations for offenses against the laws of this state within
             757      the county;
             758          (c) cause all persons indicted or informed against to be speedily arraigned;
             759          (d) cause all witnesses for the state to be subpoenaed to appear before the court or grand
             760      jury;
             761          (e) examine carefully into the sufficiency of all appearance bonds that may be tendered to
             762      the district court of the county;
             763          (f) upon the order of the court, institute proceedings in the name of the state for recovery
             764      upon the forfeiture of any appearance or other bonds running to the state and enforce the collection
             765      of them; and
             766          (g) perform other duties as required by law.
             767          (4) The county attorney shall:
             768          (a) ascertain by all practicable means what estate or property within the county has
             769      escheated or reverted to the state;
             770          (b) require the assessor of taxes of the county to furnish annually a list of all real or
             771      personal property that may have so escheated or reverted; and


             772          (c) file a copy of the list in the office of the state auditor and of the attorney general.
             773          (5) The county attorney shall:
             774          (a) each year on the first business day of August file a report with the attorney general
             775      covering the preceding fiscal year, stating the number of criminal prosecutions in the district, the
             776      character of the offenses charged, the number of convictions, the amount of fines and penalties
             777      imposed, and the amount collected; and
             778          (b) call attention to any defect in the operation of the laws and suggest amendments to
             779      correct the defect.
             780          (6) The county attorney shall:
             781          (a) appear and prosecute for the state in the juvenile court of the county in any proceeding
             782      involving delinquency;
             783          (b) represent the state in any proceeding pending before the juvenile court if any rights to
             784      the custody of any juvenile are asserted by any third person; and
             785          (c) prosecute before the court any person charged with abuse, neglect, or contributing to
             786      the delinquency or dependency of a juvenile.
             787          (7) [Subject to the requirements of Title 67, Chapter 23, Public Attorneys Act, the] The
             788      county attorney shall:
             789          (a) defend all actions brought against the county;
             790          (b) prosecute all actions for the recovery of debts, fines, penalties, and forfeitures accruing
             791      to the county;
             792          (c) give, when required and without fee, an opinion in writing to county, district, and
             793      precinct officers on matters relating to the duties of their respective offices;
             794          (d) deliver receipts for money or property received in an official capacity and file
             795      duplicates with the county treasurer; and
             796          (e) on the first Monday of each month file with the auditor an account verified by oath of
             797      all money received in an official capacity during the preceding month, and at the same time pay
             798      it over to the county treasurer.
             799          (8) A county attorney may not:
             800          (a) in any manner consult, advise, counsel, or defend within this state any person charged
             801      with any crime, misdemeanor, or breach of any penal statute or ordinance;
             802          (b) be qualified to prosecute or dismiss in the name of the state any case in which the


             803      county attorney has previously acted as counsel for the accused on the pending charge; or
             804          (c) in any case compromise any cause or enter a nolle prosequi after the filing of an
             805      indictment or information without the consent of the court.
             806          (9) If at any time after investigation by the district judge involved, the judge finds and
             807      recommends that the county attorney in any county is unable to satisfactorily and adequately
             808      perform the duties in prosecuting a criminal case without additional legal assistance, the attorney
             809      general shall provide the additional assistance.
             810          Section 20. Section 17-18-1.5 is amended to read:
             811           17-18-1.5. Powers -- Duties of county attorney within a prosecution district --
             812      Prohibitions.
             813          (1) In each county which is within a state prosecution district, the county attorney is a
             814      public prosecutor only for the purpose of prosecuting violations of county ordinances or as
             815      otherwise provided by law and shall:
             816          (a) conduct on behalf of the county all prosecutions for violations of county ordinances
             817      committed within the county;
             818          (b) have authority to grant transactional immunity for violations of county ordinances
             819      committed within the county;
             820          (c) institute proceedings before the proper magistrate for the arrest of persons charged with
             821      or reasonably suspected of violations of county ordinances when in possession of information that
             822      the violation has been committed, and for that purpose shall attend court in person or by deputy
             823      in cases of arrests when required; and
             824          (d) when it does not conflict with other official duties, attend to all legal business required
             825      in the county by the attorney general without charge when the interests of the state are involved.
             826          (2) [Subject to Title 67, Chapter 23, Public Attorneys Act, the] The county attorney:
             827          (a) may appear and prosecute in all civil cases in which the state may be interested; and
             828          (b) shall render assistance as required by the attorney general in all civil cases that may be
             829      appealed to the Supreme Court and prosecute the appeal from any violation of a county ordinance.
             830          (3) The county attorney shall:
             831          (a) draw all informations for violations of a county ordinance;
             832          (b) cause all persons informed against to be speedily arraigned;
             833          (c) cause all witnesses for the county to be subpoenaed to appear before the court;


             834          (d) upon the order of the court, institute proceedings in the name of the county for recovery
             835      upon the forfeiture of any appearance or other bonds running to the county and enforce the
             836      collection of them; and
             837          (e) perform other duties as required by law.
             838          (4) The county attorney shall:
             839          (a) ascertain by all practicable means what estate or property within the county has
             840      escheated or reverted to the state;
             841          (b) require the assessor of taxes of the county to furnish annually a list of all real or
             842      personal property that may have so escheated or reverted; and
             843          (c) file a copy of the list in the office of the state auditor and of the attorney general.
             844          (5) [Subject to Title 67, Chapter 23, Public Attorneys Act, the] The county attorney shall:
             845          (a) defend all actions brought against the county;
             846          (b) prosecute all actions for the recovery of debts, fines, penalties, and forfeitures accruing
             847      to the county;
             848          (c) give, when required and without fee, an opinion in writing to county, district, precinct,
             849      and prosecution district officers on matters relating to the duties of their respective offices;
             850          (d) deliver receipts for money or property received in an official capacity and file
             851      duplicates with the county treasurer; and
             852          (e) on the first Monday of each month file with the auditor an account verified by oath of
             853      all money received in an official capacity during the preceding month, and at the same time pay
             854      it over to the county treasurer.
             855          (6) A county attorney may not:
             856          (a) in any manner consult, advise, counsel, or defend within this state any person charged
             857      with any crime, misdemeanor, or breach of any penal statute or ordinance;
             858          (b) be qualified to prosecute or dismiss in the name of the county any case in which the
             859      county attorney has previously acted as counsel for the accused on the pending charge; or
             860          (c) in any case compromise any cause or enter a nolle prosequi after the filing of an
             861      information without the consent of the court.
             862          (7) The county attorney or his deputy may be sworn as a deputy district attorney for the
             863      purpose of public convenience for a period of time and subject to limitations specified by the
             864      district attorney.


             865          Section 21. Section 17A-2-306 is amended to read:
             866           17A-2-306. Bonds.
             867          (1) The board of trustees may, at any time after its organization, adopt a resolution
             868      determining it desirable to issue the bonds of the district for purposes and in amounts stated in the
             869      resolution. The resolution shall specify whether the bonds are payable from taxes or from the
             870      operating revenues of the district, or both. Where the bonds are payable from taxes, in whole or
             871      in part, the board of trustees shall call a bond election. If at the election, the proposition to issue
             872      the bonds is approved, the board of trustees shall issue the bonds in the manner provided in [the]
             873      Title 11, Chapter 14, Utah Municipal Bond Act. If the bonds are payable solely from the operating
             874      revenues of the district, no election is required to approve their issuance, and such bonds shall be
             875      issued pursuant to the resolution and in the manner provided in Title 11, Chapter 14, Utah
             876      Municipal Bond Act. The board may reduce the amount of bonds.
             877          (2) Any bonds authorized prior to April 28, 1986, by an electric service district created
             878      pursuant to Chapter 2, Part 3, County Improvement Districts for Water, [Sewage] Sewerage, Flood
             879      Control, Electric and Gas [Systems], are considered valid and binding if all of the following
             880      conditions have been met:
             881          (a) a resolution has been adopted by the board of trustees of the electric service district,
             882      prior to April 28, 1986, for the purpose of authorizing the bonds, whether or not these bonds have
             883      been issued;
             884          (b) the bonds are delivered and paid for;
             885          (c) the electric service district which authorized the bonds complied with all of the
             886      requirements for electric service districts set forth in Section 17A-2-305 ; and
             887          (d) the requirements of Subsection (1) are met.
             888          (3) If any bonds have been authorized under the conditions described in Subsection (2),
             889      prior to April 28, 1986, the board of trustees of the electric service district may make any necessary
             890      changes in the specifications of the bonds or the proceedings authorizing the bonds.
             891          Section 22. Section 17A-2-307 is amended to read:
             892           17A-2-307. Resolution calling bond election -- Precincts and polling places.
             893          If, under the provisions of Section 17A-2-306 , the board shall determine to call an election
             894      on the issuance of the bonds, the board shall adopt a resolution directing that an election be held
             895      in the district for the purpose of determining whether bonds in the amount, for the purpose, and


             896      with the maximum maturity specified in the resolution, shall be issued. The resolution calling the
             897      election shall be adopted, notice of the election shall be given, the election shall be held, voters'
             898      qualifications shall be determined, and the results thereof canvassed in the manner and subject to
             899      the conditions provided for in [the] Title 11, Chapter 14, Utah Municipal Bond Act. The board
             900      may for purposes of the election treat the entire district as a single precinct or may divide the
             901      district into such precincts and fix such polling places as it may see fit.
             902          Section 23. Section 17A-2-309 is amended to read:
             903           17A-2-309. Results of bond election -- Resolution -- Issuance of bonds -- Maximum
             904      bonded indebtedness.
             905          (1) The results of the bond election shall be canvassed by the board of trustees and a
             906      resolution adopted by the board declaring the results, and a certified copy of the resolution filed
             907      in the records of the district. The results of all subsequent elections shall be similarly canvassed
             908      by the board of trustees and resolutions declaring the results of the elections adopted and filed.
             909          (2) If, at the bond election, a majority of the qualified voters voting on any bond
             910      proposition vote in favor of the issuance of the bonds, the board of trustees shall proceed to issue
             911      the bonds. Bonds may be issued for the purpose of constructing or acquiring any improvement
             912      provided in Section 17A-2-301 , or any part or combination of them, or for improving and
             913      extending the improvement or combination of improvements, and may include the payment of all
             914      legal, engineering, and fiscal agent expenses reasonably incurred in connection with the
             915      construction, acquisition, improving, and extending of these improvements and with the
             916      authorization and issuance of the bonds. The bonds shall be fully negotiable for all purposes and
             917      may not be issued in an amount which, together with all other existing indebtedness of the district
             918      then outstanding, will exceed in total principal amount 2.4% of the taxable value of taxable
             919      property in the district as computed from the last equalized assessment roll for county purposes
             920      made and completed prior to the issuance of the bonds. The taxable value of all tax equivalent
             921      property, as defined in Subsection 59-3-102 (2), shall be included as a part of the total taxable value
             922      of taxable property in the district for purposes of the limitations. Bonds issued in the manner that
             923      they are payable solely from revenues to be derived from the operation of all or part of the facilities
             924      of the district may not be included as bonded indebtedness of the district for the purpose of this
             925      computation. All bonds not payable solely from revenues shall be the general obligations of the
             926      district, and the full faith, credit, and resources of the district shall be pledged for their payment;


             927      and regardless of any limitations contained elsewhere in the laws of Utah and this part, including
             928      Section 17A-2-312 , the board of trustees shall cause to be levied annually on all taxable property
             929      in the district taxes sufficient to pay principal and interest on general obligation bonds as principal
             930      and interest fall due, or if the bonds are payable primarily from revenues, then anticipate and make
             931      up any amounts which may be necessary to pay the principal and interest by reason of deficiencies
             932      in revenues. The bonds shall be issued and sold in compliance with [the] Title 11, Chapter 14,
             933      Utah Municipal Bond Act.
             934          Section 24. Section 17A-2-423 is amended to read:
             935           17A-2-423. Resolution calling election for issuing general obligation and revenue
             936      bonds.
             937          (1) If under the foregoing provisions the board is authorized to call an election on the
             938      issuance of the bonds, the board shall adopt a resolution directing that an election be held in the
             939      county or service area, as the case may be, for the purpose of determining whether bonds in the
             940      amount, for the purpose, and with the maximum maturity specified in the resolution, shall be
             941      issued. A proposition for issuing general obligation bonds and a proposition for issuing revenue
             942      bonds, or any combination thereof, may be submitted at the same election.
             943          (2) Adoption of the resolution calling the election, determination of voters' qualifications,
             944      notice and conduct of the election, and the canvass of election results shall be accomplished in the
             945      manner prescribed in [the] Title 11, Chapter 14, Utah Municipal Bond Act. The board, for
             946      purposes of the election, may treat the entire district as a single precinct or divide the district into
             947      several precincts and it may fix such polling places as it [deems] considers appropriate.
             948          Section 25. Section 17A-2-543 is amended to read:
             949           17A-2-543. Contractual powers -- Bond issues -- Elections -- Limitations -- Uses.
             950          Whenever the board of trustees considers it expedient it shall have power, for the purpose
             951      of constructing drains, drainage canals and other required improvements necessary to drain lands
             952      in the district or conserve the public health or welfare, to make a contract or contracts with the
             953      United States providing for the repayment of the principal and such other sums due thereunder at
             954      such times as may be agreed upon, or to issue bonds of the district to run not less than five years
             955      nor more than 40 years, and to bear interest, payable semiannually, at a rate not exceeding 8% per
             956      annum to be called "drainage district bonds," which bonds shall not be sold for less than 90% of
             957      their par value, and the proceeds of which shall be used for no other purpose than paying the cost


             958      of constructing such drains, drainage canals, or other like work considered necessary to drain lands
             959      within the district, or conserve the public health or welfare. Before such contract or contracts shall
             960      be made or bonds shall be issued, the board of trustees shall request the county legislative body
             961      to order, and the county legislative body shall at once order a special election on the question of
             962      the issuance of bonds. The persons authorized to vote in, the giving of notice, the forms of ballots,
             963      and the manner of holding the election, and canvassing the results of the election, shall be as
             964      provided in [the] Title 11, Chapter 14, Utah Municipal Bond Act. The expenses of such election
             965      shall be paid out of the funds belonging to the drainage district. The terms and times of payment
             966      of the bonds so issued shall be fixed by the board of trustees. The bonds shall be issued for the
             967      benefit of the district authorizing the issue and shall bear the name and number of the district. The
             968      board of trustees shall keep a record of the bonds issued and sold or otherwise disposed of, and
             969      such record will also show the lands embraced in the district. In no case shall the amount of bonds
             970      exceed the benefits assessed. Each bond issued shall show expressly upon its face that it is to be
             971      paid by a tax assessed, levied, and collected on the lands within the drainage district. The board
             972      of trustees shall, by resolution, provide for the issuance and disposal of such bonds and for the
             973      payment of the interest thereon, the creation of a sinking fund for the ultimate redemption thereof,
             974      and for the date and manner of the redemption of the bonds. The board of [supervisors] trustees
             975      may sell or dispose of the bonds either at public or private sale. Before making any such sale,
             976      either private or public, the board of trustees shall give due notice of their intention to sell or
             977      dispose of the bonds, by publishing notice of sale at least once a week for four consecutive weeks
             978      in some newspaper having general circulation in the state and in the county where the district is
             979      situated, and by publishing in any other publication they consider advisable. The notice shall state
             980      that sealed proposals will be received by the board of trustees at their office, for the purchase of
             981      the bonds, until the day and hour fixed by the board of trustees. At the time appointed the board
             982      of trustees shall open the proposals, and award the purchase of the bonds to the highest responsible
             983      bidder, or may reject all bids. In case no bid is made and accepted as above provided, the board
             984      of trustees is hereby authorized to use the bonds for the construction of any ditches, drain or drains,
             985      drainage canal or drainage canals, or any other required improvement considered necessary to drain
             986      lands or for the public health or welfare.
             987          Section 26. Section 17A-2-556 is amended to read:
             988           17A-2-556. Form of release and discharge.


             989          The release and discharge shall be substantially in the following form:
             990          Release and discharge from liability for payment of the bonded indebtedness of ____
             991      drainage district in ____ county, Utah, and from the lien of the equalized assessment of benefits
             992      and taxes and the benefit assessment roll.
             993          Whereas, on [the] __________(month\day\year), ____ (the owner, part owner, mortgagee
             994      or other lien holders, as the case may be) paid to the county treasurer of ____ county, (in lawful
             995      money of the United States, or bonds, notes, warrants or matured interest coupons of the district,
             996      as the case may be) the sum of $____, being the total amount of the unpaid drainage district
             997      equalized assessment of benefits and taxes levied and assessed against that certain tract, lot or
             998      parcel of land located in ____ drainage district in ____ county, Utah, and particularly bounded and
             999      described as follows, to wit: (Insert description of property) ____ and, ____.
             1000          Whereas, there is on file with the treasurer of this drainage district a receipt showing
             1001      payment in full,
             1002          Now, Therefore, in consideration of such payment and pursuant to law, the undersigned
             1003      drainage district does by these presents release and discharge the above described tract, lot or
             1004      parcel of land from the lien of and from the payment of all of the bonded indebtedness now
             1005      existing against the same, and from the payment of any bonds now issued or that may hereafter be
             1006      issued to refund the same, or any part thereof, and from the payment of any notes or warrants of
             1007      the district heretofore issued or that may hereafter be issued in payment of interest on the
             1008      indebtedness or refunded indebtedness, and releases and discharges said tract, lot or parcel of land
             1009      from the payment of any of the unpaid equalized assessment of benefits and taxes levied or
             1010      assessed against the same and from the lien of the benefit assessment roll of said drainage district.
             1011          In Witness Whereof, the said drainage district has executed this instrument and caused its
             1012      corporate name and corporate seal to be hereunto affixed by its chair and secretary this
             1013      __________(month\day\year), pursuant to a resolution of its board of trustees.
             1014          Attest:
________________________________

             1015     
(Name of drainage district.)

             1016     
By ______________,

             1017     
President

             1018      ______________
             1019      Secretary.


             1020          The written release and discharge may be acknowledged before any officer authorized to
             1021      take acknowledgments of deeds. The form of acknowledgment shall be substantially as follows:
             1022      State of Utah, ss.
             1023      County of ____
             1024          On [the] __________(month\day\year), personally appeared before me ____, who being
             1025      by me duly sworn, did say that he is the chair of ____ drainage district which executed the above
             1026      and foregoing instrument and that the instrument was signed in behalf of the drainage district by
             1027      authority of a resolution of its board of trustees, and ____ acknowledged to me that the drainage
             1028      district executed the same.
             1029     
______________

             1030     
Notary Public.

             1031      My Commission expires: ____(month\day\year)
Residing at: ____.

             1032          Section 27. Section 17A-2-712 is amended to read:
             1033           17A-2-712. Additional powers of board.
             1034          (1) In addition to any of the powers granted in this part, the board of trustees of any
             1035      irrigation district may acquire, purchase, construct, improve, enlarge, and operate, or contract for
             1036      the construction, improvement, enlargement, and operation of:
             1037          (a) reservoir sites, reservoirs, water, water filings, water rights, canals, ditches, and all
             1038      other related structures and works necessary or proper for the storage and conveyance of water for
             1039      irrigation purposes and all other structures and facilities necessary or proper for the purposes of
             1040      the irrigation district; and
             1041          (b) facilities for the generation of hydroelectric power and all other related structures and
             1042      works necessary or proper for the generation of electricity, including hydroelectric power plants,
             1043      turbine generators, penstocks, transformers, electrical equipment, and other facilities related to
             1044      hydroelectric production plants, not including transmission facilities related to hydroelectric
             1045      production plants.
             1046          (2) In addition to any of the powers granted in this part, the board of trustees of any
             1047      irrigation district may enter into contracts for the sale of all or a portion of the electric power
             1048      generated at a hydroelectric power plant, whether or not the electric power to be sold is surplus to
             1049      the needs of the district, for the periods of time and under the terms and conditions the board
             1050      deems necessary in order to accomplish the purposes of the district. Any sale of the electric power


             1051      may be for the period and upon the terms and conditions as may be provided in contracts
             1052      authorized by the board and entered into by the district and any purchaser of the electric power
             1053      having, at the time of the commencement of the acquisition and construction of the electric power
             1054      plant by the district, a system for distributing the electric power. Any revenues received by the
             1055      district pursuant to power sale contracts may be used and pledged for the payment of the principal
             1056      of and interest and any premium on bonds or notes of the district issued to pay all or part of the
             1057      cost of acquiring, constructing, improving, or enlarging the facilities from which the hydroelectric
             1058      power is generated, or for any other lawful purpose of the district. The boards of trustees of any
             1059      two or more irrigation districts may, by appropriate resolutions, enter into agreements with one
             1060      another by which the districts may jointly or cooperatively exercise any of the powers conferred
             1061      by this section.
             1062          (3) The board may issue revenue bonds of the district, in the manner provided in this
             1063      section:
             1064          (a) to pay for all or part of the costs of the acquisition, construction, improvement, or
             1065      enlargement of any facilities described in Subsection (1) and other related structures and works and
             1066      to pay expenses preliminary and incidental thereto;
             1067          (b) to pay interest on the bonds during acquisition, construction, improvement, or
             1068      enlargement; and
             1069          (c) to provide for necessary reserves and to pay costs of issuance and sale of the bonds,
             1070      including, without limitation, printing, registration, and transfer costs, legal, financial advisor's,
             1071      and rating agency fees, insurance premiums, and underwriter's discount.
             1072          (4) The board may provide that any revenue bonds issued and sold under this section shall
             1073      be payable solely out of a special fund into which the district issuing the revenue bonds shall be
             1074      obligated to deposit, as from time to time received, all or a designated portion of the proceeds from
             1075      the sale of the services furnished by the facilities of the irrigation district, including the facilities
             1076      to be so acquired, constructed, improved, or enlarged, all pursuant to contracts to be entered into
             1077      as authorized in this section.
             1078          (5) Revenue bonds of the district issued under the authority of this section shall be issued
             1079      and sold in compliance with Title 11, Chapter 14, Utah Municipal Bond Act, and may be in the
             1080      form and denominations and have the provisions and details as are permitted by [the] Title 11,
             1081      Chapter 14, Utah Municipal Bond Act. The bonds and any evidences of participation interests in


             1082      the bonds may be issued, executed, authenticated, registered, transferred, exchanged, and otherwise
             1083      made to comply with Title 15, Chapter 7, Registered Public Obligations Act, or any other statute
             1084      relating to the registration of bonds enacted to meet the requirements of Section 149(a) of the
             1085      Internal Revenue Code of 1986, or any similar or successor federal law, and applicable regulations.
             1086      Bonds may be issued under the authority of this section at one time or from time to time. If more
             1087      than one issue or series of bonds is delivered under the authority of this section, the bonds of the
             1088      respective issue or series shall have the priorities of payment as provided in the proceedings
             1089      authorizing the bonds.
             1090          (6) Any resolution authorizing revenue bonds may contain covenants with the future
             1091      holders of the bonds as to:
             1092          (a) the management and operation of the facilities of the irrigation district, including the
             1093      facilities acquired, constructed, improved, enlarged, or operated pursuant to this section;
             1094          (b) the imposition and collection of rates for the services furnished thereby;
             1095          (c) the disposition of the revenues;
             1096          (d) the issuance of future bonds and the creation of future liens and encumbrances against
             1097      these facilities and the revenues thereof;
             1098          (e) the carrying of insurance on these facilities and the disposition of the proceeds of
             1099      insurance;
             1100          (f) the sale, disposal, or alienation of these facilities; and
             1101          (g) other pertinent matters deemed necessary or proper by the board to assure the
             1102      merchantability of the bonds. These covenants and agreements may not be inconsistent with this
             1103      section.
             1104          (7) When a district has issued revenue bonds and pledged for the payment thereof any
             1105      revenues of the facilities of the irrigation district, including the facilities acquired, constructed,
             1106      improved, enlarged, or operated pursuant to this section, the district shall establish rates and collect
             1107      fees and charges for the services furnished by these facilities in that amount and at those rates
             1108      which will be fully sufficient at all times to pay the expenses of operating and maintaining these
             1109      facilities, to provide a special fund sufficient to assure the prompt payment of principal of and
             1110      interest on the bonds as principal and interest fall due, and to provide funds for reserves and
             1111      contingencies and for a depreciation fund for repairs, extensions, and improvements to these
             1112      facilities as considered necessary to assure adequate and efficient service, all as required by the


             1113      bond resolution. No board or commission other than the board of trustees of the district has
             1114      authority over or is required to approve the making or fixing of the fees and charges or the
             1115      acquisition of property by the district or the issuance of its bonds.
             1116          (8) Any restrictions, limitations, or regulations in any other section of this part relative to
             1117      the issuance of bonds or the execution of contracts pursuant to the authority contained in this
             1118      section do not apply to the revenue bonds issued under this section or the execution of contracts
             1119      under the authority of this section. Sections 17A-2-750 , 17A-2-751 , 17A-2-752 , and 17A-2-753
             1120      do not apply to any contract entered into by an irrigation district under this section, nor to the
             1121      issuance of any revenue bonds by an irrigation district under this section.
             1122          Section 28. Section 17A-2-747 is amended to read:
             1123           17A-2-747. Returns and canvass of election.
             1124          The board of trustees shall name a day for canvassing the returns of election, and if it
             1125      appears that a majority of the votes cast are "For Dissolution -- Yes," then the board of trustees
             1126      shall declare the district to be disorganized, and shall certify to the county clerk of the county in
             1127      which the office of the district is located, stating the number of signers to the petition and the
             1128      number of acre-feet of water allotted to them; that the election was called and set for [the _____
             1129      day of ________ month of _____ year] _____________(month/day/year), that the election was
             1130      held and that so many votes (stating the number) had been cast for, and that so many votes (stating
             1131      the number) had been cast against the proposition; the certificates to bear the seal of the district,
             1132      and the signatures of the chair and secretary of the board of trustees. And it shall be the duty of
             1133      the clerk to have such certificate recorded with the county recorder of the respective counties
             1134      embracing any lands of the district. Should it appear that a majority of the votes cast at the election
             1135      were "For Dissolution -- No," then the board of directors shall declare the proposition lost and shall
             1136      cause the result and the vote to be made a part of the records of the irrigation district.
             1137          Section 29. Section 17A-2-826 is amended to read:
             1138           17A-2-826. Sale of bonds.
             1139          Bonds issued under this part shall be sold in compliance with the provisions of [the] Title
             1140      11, Chapter 14, Utah Municipal Bond Act.
             1141          Section 30. Section 17A-2-1037 is amended to read:
             1142           17A-2-1037. Elections.
             1143          All district elections shall be held in accordance with the provisions of the elections code


             1144      of the state of Utah as they now exist or may be amended for the holding of elections in general
             1145      law cities in so far as the same are not in conflict with this part; provided all elections upon the
             1146      issuance of bonds of a district shall be called, held, and conducted pursuant to the provisions of
             1147      [the] Title 11, Chapter 14, Utah Municipal Bond Act, and the provisions of the election code shall
             1148      not be applicable to any such bond election.
             1149          Section 31. Section 17A-2-1038 is amended to read:
             1150           17A-2-1038. Board of trustees -- Appointment -- Apportionment -- Qualifications --
             1151      Quorum -- Compensation -- Terms.
             1152          (1) (a) All powers, privileges, and duties vested in any incorporated district shall be
             1153      performed by a board of trustees.
             1154          (b) The board may delegate the exercise of any duty to any of the offices created under this
             1155      part.
             1156          (2) If 200,000 people or [less] fewer reside within the district boundaries:
             1157          (a) the board of trustees shall consist of trustees appointed by the legislative bodies of each
             1158      municipality, county, or unincorporated area within any county on the basis of one trustee for each
             1159      full unit of regularly scheduled passenger routes proposed to be served by the district in each
             1160      municipality or unincorporated area within any county in the following calendar year;
             1161          (b) the number of service miles comprising a unit shall be determined jointly by the
             1162      legislative bodies of the municipalities or counties comprising the district;
             1163          (c) trustees shall be appointed and added to the board or omitted from the board at the time
             1164      scheduled routes are changed, or as municipalities, counties, or unincorporated areas of counties
             1165      annex to or withdraw from the district using the same appointment procedures; and
             1166          (d) municipalities, counties, and unincorporated areas of counties in which regularly
             1167      scheduled passenger routes proposed to be served by the district in the following calendar year is
             1168      less than a full unit, as defined in Subsection (2)(a), may combine with any other similarly situated
             1169      municipality or unincorporated area to form a whole unit and may appoint one trustee for each
             1170      whole unit formed.
             1171          (3) If more than 200,000 people reside within the district boundaries, the board of trustees
             1172      shall consist of 15 trustees appointed as described under Subsections (4) and (5).
             1173          (4) (a) Except as provided under Subsections (4)(b) and (c), the board shall apportion
             1174      members to each county within the district based on:


             1175          (i) from the effective date of this act until the apportionment following the year 2000
             1176      decennial United States Census Bureau report, the proportion of population included in the district
             1177      and residing within each county, rounded to the nearest 1/15 of the total transit district population;
             1178      and
             1179          (ii) beginning with the first apportionment following the year 2000 decennial United States
             1180      Census Bureau report, an average of:
             1181          (A) the proportion of population included in the district and residing within each county,
             1182      rounded to the nearest 1/15 of the total transit district population; and
             1183          (B) the proportion of transit sales and use tax collected from areas included in the district
             1184      and within each county, rounded to the nearest 1/15 of the total transit sales and use tax collected
             1185      for the transit district.
             1186          (b) The board shall join an entire or partial county not apportioned a member under this
             1187      subsection with an adjacent county for representation. The combined apportionment basis
             1188      included in the district of both counties shall be used for the apportionment.
             1189          (c) If rounding to the nearest 1/15 of the total transit district apportionment basis under
             1190      Subsection (4)(a) results in an apportionment of:
             1191          (i) more than 15 members, the county or combination of counties with the smallest
             1192      additional fraction of a whole member proportion shall have one less member apportioned to it;
             1193      or
             1194          (ii) less than 15 members, the county or combination of counties with the largest additional
             1195      fraction of a whole member proportion shall have one more member apportioned to it.
             1196          (5) (a) If the unincorporated area of a county is at least 1/15 of the district's population, the
             1197      county executive, with the advice and consent of the county legislative body, shall appoint one
             1198      trustee to represent each 1/15 of the district's population within a county's unincorporated area
             1199      population.
             1200          (b) If a municipality's population is at least 1/15 of the district's population, the chief
             1201      municipal executive, with the advice and consent of the municipal legislative body, shall appoint
             1202      one trustee to represent each 1/15 of the district's population within a municipality.
             1203          (c) The number of trustees appointed from a county and municipalities within a county
             1204      under Subsections (5)(a) and (b) shall be subtracted from the county's total member apportionment
             1205      under Subsection (4).


             1206          (d) If the entire county is within the district, the remaining trustees for the county shall
             1207      represent the county or combination of counties if Subsection (4)(b) applies, or the municipalities
             1208      within the county.
             1209          (e) If the entire county is not within the district, and the county is not joined with another
             1210      county under Subsection (4)(b), the remaining trustees for the county shall represent a municipality
             1211      or combination of municipalities.
             1212          (f) Except as provided under Subsections (5)(a) and (b), trustees representing counties,
             1213      combinations of counties if Subsection (4)(b) applies, or municipalities within the county shall be
             1214      designated and appointed by a simple majority of the chief executives of the municipalities within
             1215      the county or combinations of counties if Subsection (4)(b) applies. The appointments shall be
             1216      made by joint written agreement of the appointing municipalities, with the consent and approval
             1217      of the county legislative body of the county that has at least 1/15 of the district's apportionment
             1218      basis.
             1219          (g) Trustees representing a municipality or combination of municipalities shall be
             1220      designated and appointed by the chief executive officer of the municipality or simple majority of
             1221      chief executive officers of municipalities with the consent of the legislative body of the
             1222      municipality or municipalities.
             1223          (h) The appointment of trustees shall be made without regard to partisan political
             1224      affiliation from among citizens in the community.
             1225          (i) Each trustee shall be a bona fide resident of the municipality, county, or unincorporated
             1226      area or areas which the trustee is to represent for at least six months before the date of
             1227      appointment, and must continue in that residency to remain qualified to serve as a trustee.
             1228          (j) (i) Each trustee whose term has not expired and is serving on the effective date of this
             1229      act shall continue to serve as a trustee until the expiration of the term for which the trustee was
             1230      appointed, subject to the term limitations under which the trustee was initially appointed.
             1231          (ii) Beginning on the effective date of this act, any vacancy for which the successor has
             1232      not taken the oath of office shall be filled in the following order:
             1233          (A) by a municipality eligible to make an appointment under Subsection (5)(b);
             1234          (B) by a county eligible to make an appointment for its unincorporated area under
             1235      Subsection (5)(a); and
             1236          (C) as otherwise provided under this section.


             1237          (k) (i) All population figures used under this section shall be derived from the most recent
             1238      official census or census estimate of the United States Bureau of the Census.
             1239          (ii) If population estimates are not available from the United States Bureau of Census,
             1240      population figures shall be derived from the estimate from the Utah Population Estimates
             1241      Committee.
             1242          (iii) All transit sales and use tax totals shall be obtained from the Tax Commission.
             1243          (l) After the initial apportionment immediately following the effective date of this act, the
             1244      board shall be apportioned as provided under this section in conjunction with the decennial United
             1245      States Census Bureau report every ten years.
             1246          (6) (a) Except the initial trustees, the terms of office of the trustees shall be three years or
             1247      until their successors are appointed, qualified, seated, and have taken the oath of office.
             1248          (b) At the first meeting of the initial trustees, the directors shall designate by the drawing
             1249      of lots 1/3 of their number to serve for one-year terms, 1/3 for two-year terms, and 1/3 for
             1250      three-year terms.
             1251          (c) A trustee may not be appointed for more than two successive full terms.
             1252          (7) (a) Vacancies shall be filled by the official appointing the member creating the vacancy
             1253      for the unexpired term, unless the official fails to fill the vacancy within 90 days.
             1254          (b) If the appointing official under Subsection (2) does not fill the vacancy within 90 days,
             1255      the board of trustees of the authority shall fill the vacancy.
             1256          (c) If the appointing official under Subsection (5) does not fill the vacancy within 90 days,
             1257      the governor, with the advice and consent of the Senate, shall fill the vacancy.
             1258          (8) (a) Each trustee may cast one vote on all questions, orders, resolutions, and ordinances
             1259      coming before the board of trustees.
             1260          (b) A majority of all members of the board of trustees are a quorum for the transaction of
             1261      business.
             1262          (c) The affirmative vote of a majority of all trustees present at any meeting at which a
             1263      quorum was initially present shall be necessary and, except as otherwise provided, is sufficient to
             1264      carry any order, resolution, ordinance, or proposition before the board of trustees.
             1265          (9) The district shall pay to each trustee:
             1266          (a) an attendance fee of $50 per board or committee meeting attended, not to exceed $200
             1267      in any calendar month to any trustee; and


             1268          (b) reasonable mileage and expenses necessarily incurred to attend board or committee
             1269      meetings.
             1270          (10) (a) Members of the initial board of trustees shall convene at the time and place fixed
             1271      by the chief executive officer of the entity initiating the proceedings.
             1272          (b) Immediately upon convening, the board of trustees shall elect from its membership a
             1273      president, vice president, and secretary who shall serve for a period of two years or until their
             1274      successors shall be elected and qualified.
             1275          (11) At the time of a trustee's appointment or during a trustee's tenure in office, a trustee
             1276      may not hold:
             1277          (a) any elected public office with the United States, the state, or any political subdivision
             1278      of either; or
             1279          (b) any employment, except as an independent contractor, with a county or municipality
             1280      within the district.
             1281          Section 32. Section 17A-2-1058 is amended to read:
             1282           17A-2-1058. District may issue bonds.
             1283          Any district organized under this part may, in the manner and subject to the limitations and
             1284      restrictions contained in [the Utah Municipal Bond Act,] Title 11, Chapter 14, Utah Municipal
             1285      Bond Act, authorize, issue and dispose of its negotiable bonds for purposes of paying all or part
             1286      of the cost of acquiring, improving, or extending any one or more improvements, facilities, or
             1287      property authorized to be acquired under this part.
             1288          Section 33. Section 17A-2-1225 is amended to read:
             1289           17A-2-1225. Adoption, rejection, or modification of plan -- Plan submitted to voters
             1290      -- When rejection required -- Petition for alternative plan.
             1291          (1) Once the hearings have been held, the legislative body may proceed to adopt, reject,
             1292      or modify the project area redevelopment plan. The project area redevelopment plan may not be
             1293      modified so as to add any real property to the project area without the legislative body holding a
             1294      new hearing to consider the matter, notice of which shall be given in the same manner as provided
             1295      in Section 17A-2-1222 .
             1296          (2) (a) If the owners of 40% of the area of the property included within the project area
             1297      proposed in the redevelopment plan, excluding property owned by public agencies or dedicated
             1298      to public use, make objections in writing prior to or at the hearing and the objections are not


             1299      withdrawn at or prior to the hearing, the plan may not be adopted until the proposition to so adopt
             1300      the plan has been approved by a majority of the registered voters of the community voting thereon
             1301      at an election called for this purpose.
             1302          (b) This election may be held on the same day and with the same election officials as any
             1303      primary or general election held in the community and shall be held as nearly as practicable in
             1304      conformity with the general election laws of the state.
             1305          (c) Upon the approval by the voters as set forth in Subsection (2)(a), the project area
             1306      redevelopment plan shall be [deemed] considered adopted and the legislative body shall confirm
             1307      the adoption by ordinance.
             1308          (3) If the owners of [two-thirds] 2/3 of the area of the property included within any project
             1309      area proposed in the redevelopment plan, excluding property owned by public agencies or
             1310      dedicated to public use, make objections in writing at or prior to the hearing, the legislative body
             1311      may not adopt the project, and the proposed project may not be reconsidered by the legislative
             1312      body for a period of three years.
             1313          (4) (a) Projects for which a preliminary plan has been prepared after April 1, 1993, and for
             1314      which any of the following have occurred after July 1, 1993: the completion of the agency blight
             1315      study, and the good faith commencement of the hearing by the agency under Section 17A-2-1221 ,
             1316      must adopt a plan within one year after a project area is designated under Section 17A-2-1206 for
             1317      a redevelopment plan where the purpose is the elimination of blight, and within one year after a
             1318      preliminary plan is prepared for a redevelopment plan where the purpose is economic development
             1319      or education housing development.
             1320          (b) If the plan will be submitted to an election for approval by the registered voters of a
             1321      community, the time limit for the plan adoption shall be increased by the time between the close
             1322      of the public hearing held pursuant to Section 17A-2-1221 and the date of the next general election
             1323      within the community.
             1324          (5) A majority of the owners of the area of the property included within the project area,
             1325      excluding property owned by public agencies or dedicated to public use, may file a written petition
             1326      requesting an alternative preliminary plan be formulated pursuant to Section 17A-2-1211 .
             1327          Section 34. Section 17A-2-1236 is amended to read:
             1328           17A-2-1236. Actions on validity or enforceability of bonds -- Time for bringing
             1329      action.


             1330          (1) In any suit, action, or proceeding involving the validity or enforceability of any bond
             1331      issued under this part or the security for them, any such bond reciting in substance that it has been
             1332      issued by the agency in connection with an area redevelopment, education housing development,
             1333      or economic development project shall be conclusively [deemed] considered to have been issued
             1334      for that purpose and the project shall be conclusively [deemed] considered to have been planned,
             1335      located, and carried out in accordance with the provisions of this part.
             1336          (2) For a period of 30 days after the publication of the resolution authorizing the bonds,
             1337      or a notice of bonds to be issued by the agency containing those items described in Subsection
             1338      11-14-21 (3) in a newspaper having general circulation in the area of operation, any person may
             1339      contest the legality of the resolution authorizing any bonds or any provisions made for the security
             1340      and payment of the bonds. After the 30-day period no one has any cause of action to contest the
             1341      regularity, formality, or legality of the bonds for any cause whatsoever.
             1342          Section 35. Section 17A-2-1264 is amended to read:
             1343           17A-2-1264. Affordable housing funds under redevelopment plans adopted on or
             1344      after July 1, 1998.
             1345          (1) As used in this section:
             1346          (a) "Affordable housing" has the meaning as defined under Subsection 17A-2-1263 (6).
             1347          (b) "Annual income" has the meaning as defined under regulations of the U.S. Department
             1348      of Housing and Urban Development, 24 CFR, Part 813, as amended or as superseded by
             1349      replacement regulations.
             1350          (c) "Board" means the Olene Walker Housing Trust Fund Board, established under Title
             1351      9, Chapter 4, Part 7, Olene Walker Housing Trust Fund.
             1352          (d) "Fair share ratio" means the ratio derived by:
             1353          (i) for a city or town, comparing the percentage of all housing units within the city or town
             1354      that are publicly subsidized income targeted housing units to the percentage of all housing units
             1355      within the whole county that are publicly subsidized income targeted housing units; or
             1356          (ii) for the unincorporated part of a county, comparing the percentage of all housing units
             1357      within the unincorporated county that are publicly subsidized income targeted housing units to the
             1358      percentage of all housing units within the whole county that are publicly subsidized income
             1359      targeted housing units.
             1360          (e) "Family" has the meaning as defined under regulations of the U.S. Department of


             1361      Housing and Urban Development, 24 CFR, Part 813, as amended or as superseded by replacement
             1362      regulations.
             1363          (f) "Housing funds" means the funds allocated in the project area budget under Subsection
             1364      (2)(a) for the purposes provided in Subsection (3).
             1365          (g) "Income targeted housing" means housing to be owned or occupied by a family whose
             1366      annual income is at or below 80% of the median annual income for the county in which the
             1367      housing is located.
             1368          (h) "Unincorporated" means not within a city or town.
             1369          (2) (a) A project area budget for a redevelopment plan that is adopted on or after July 1,
             1370      1998, may allocate tax increment funds payable to the agency over the life of the redevelopment
             1371      plan for use as provided in Subsection (3).
             1372          (b) (i) Beginning May 1, 2000, before an agency may adopt a project area budget that
             1373      allocates tax increment funds under Subsection (2)(a), the agency shall prepare and adopt a
             1374      housing plan showing the uses for the housing funds and provide a copy of the plan to the taxing
             1375      agency committee and board.
             1376          (ii) If an agency amends a housing plan prepared under Subsection (2)(b)(i), the agency
             1377      shall provide a copy of the amendment to the taxing agency committee and board.
             1378          (c) (i) If an agency fails to provide housing funds in accordance with the project area
             1379      budget and the housing plan, if applicable, the board may bring legal action to compel the agency
             1380      to provide the housing funds.
             1381          (ii) In an action under Subsection (2)(c)(i), the court:
             1382          (A) shall award the board a reasonable attorney's fee, unless the court finds that the action
             1383      was frivolous; and
             1384          (B) may not award the agency its attorney's fees, unless the court finds that the action was
             1385      frivolous.
             1386          (3) (a) Each agency shall use all housing funds allocated under Subsection (2)(a) to:
             1387          (i) pay part or all of the cost of land or construction of income targeted housing within the
             1388      community that created the agency, if practicable in a mixed income development or area;
             1389          (ii) pay part or all of the cost of rehabilitation of income targeted housing within the
             1390      community that created the agency;
             1391          (iii) pay part or all of the cost of land or installation, construction, or rehabilitation of any


             1392      building, facility, structure, or other housing improvement, including infrastructure improvements,
             1393      related to housing located in a redevelopment project area where blight has been found to exist;
             1394          (iv) replace housing units lost as a result of the redevelopment, education housing
             1395      development, or economic development;
             1396          (v) make payments on or establish a reserve fund for bonds:
             1397          (A) issued by the agency, the community, or the housing authority that provides income
             1398      targeted housing within the community; and
             1399          (B) all or part of the proceeds of which are used within the community for the purposes
             1400      stated in Subsection (3)(a)(i), (ii), (iii), or (iv); or
             1401          (vi) if the community's fair share ratio at the time of the first adoption of the project area
             1402      budget is at least 1.1 to 1.0, make payments on bonds:
             1403          (A) that were previously issued by the agency, the community, or the housing authority
             1404      that provides income targeted housing within the community; and
             1405          (B) all or part of the proceeds of which were used within the community for the purposes
             1406      stated in Subsection (3)(a)(i), (ii), (iii), or (iv).
             1407          (b) As an alternative to the requirements of Subsection (3)(a), an agency may pay all
             1408      housing funds to:
             1409          (i) the community for use as provided under Subsection (3)(a);
             1410          (ii) the housing authority that provides income targeted housing within the community for
             1411      use in providing income targeted housing within the community; or
             1412          (iii) the Olene Walker Housing Trust Fund, established under Title 9, Chapter 4, Part 7,
             1413      Olene Walker Housing Trust Fund, for use in providing income targeted housing within the
             1414      community.
             1415          (4) The agency or community shall hold the housing funds, together with all interest
             1416      earned by the housing funds and all payments or repayments for loans, advances, or grants from
             1417      the housing funds, in a separately designated account until the funds are used pursuant to this
             1418      section.
             1419          (5) In using housing funds under Subsection (3)(a), an agency may lend, grant, or
             1420      contribute housing funds to a person, public body, housing authority, private entity or business,
             1421      or nonprofit organization for use as provided in Subsection (3)(a).
             1422          (6) An agency may:


             1423          (a) issue bonds from time to time to finance a housing undertaking under this section,
             1424      including the payment of principal and interest upon advances for surveys and plans or preliminary
             1425      loans; and
             1426          (b) issue refunding bonds for the payment or retirement of bonds under Subsection (6)(a)
             1427      previously issued by the agency.
             1428          (7) Expenditures or obligations incurred by an agency under this section shall constitute
             1429      an indebtedness incurred by the agency.
             1430          Section 36. Section 17A-2-1312 is amended to read:
             1431           17A-2-1312. General obligation bonds authorized by petition of property owners --
             1432      Contest.
             1433          (1) With respect to any service district established under this part, if there is no individual
             1434      residing in the service district, such that compliance with the election requirements of Article XIV,
             1435      Section 8, Utah Constitution, and Section 11-14-2 is otherwise impossible, then, 75% of the
             1436      owners of real property located in the district, as shown on the most recent assessment roll of the
             1437      county or municipality, as the case may be, may by written petition require the governing body of
             1438      the county or municipality which established the service district to issue general obligation bonds
             1439      pledging the full faith and credit of the district in an amount which may lawfully be issued by the
             1440      district but not to exceed the amount set forth in the petition. Except for the election provisions
             1441      of [the] Title 11, Chapter 14, Utah Municipal Bond Act, the bonds required to be issued shall be
             1442      issued in accordance with [the] Title 11, Chapter 14, Utah Municipal Bond Act. Any such petition
             1443      to require issuance of bonds shall be equivalent to and have the same force and effect as an
             1444      election approving the issuance of the bonds by a majority of the qualified electors of the district.
             1445          (2) Upon receiving the petition described in Subsection (1), the governing body of the
             1446      county or municipality which established the district shall proceed to issue the bonds in accordance
             1447      with [the] Title 11, Chapter 14, Utah Municipal Bond Act.
             1448          (3) The determination by the governing body that 75% of the owners of real property
             1449      located in the district have duly filed a written petition requiring the issuance of bonds as provided
             1450      in Subsection (1), shall be conclusive in any action or proceeding involving the validity of the
             1451      petition or the district's authority to issue the bonds instituted after the expiration of the period
             1452      provided in Subsection (4), for the filing of actions contesting the validity of the bonds and after
             1453      the date of delivery of and payment for any part of the bonds.


             1454          (4) When the validity of any bond issue under this section is contested, the plaintiff or
             1455      plaintiffs shall, within 40 days after the validity of the petition has been declared by the governing
             1456      body, file with the clerk of the district court of the county in which the district is located, a verified
             1457      written complaint setting forth specifically:
             1458          (a) the name of the party contesting the issuance of the bonds, and that he is an owner of
             1459      property within the district; and
             1460          (b) the grounds of such contest. No such contest may be maintained and the issuance of
             1461      the bonds may not be set aside or held invalid unless such a complaint is filed within the period
             1462      prescribed in this section.
             1463          Section 37. Section 17A-2-1316 is amended to read:
             1464           17A-2-1316. Borrowing power -- Issuance of bonds and notes -- Use of proceeds.
             1465          (1) A service district may borrow money and incur indebtedness, issuing its bonds or notes
             1466      therefor, including, without limitation:
             1467          (a) bonds payable in whole or in part from taxes levied on the taxable property in the
             1468      service district;
             1469          (b) bonds payable from revenues derived from the operation of revenue-producing
             1470      facilities of the service district;
             1471          (c) bonds payable from both such revenues and taxes;
             1472          (d) guaranteed bonds, payable in whole or in part from taxes levied on the taxable property
             1473      in the service district;
             1474          (e) tax anticipation notes;
             1475          (f) bond anticipation notes;
             1476          (g) refunding bonds; and
             1477          (h) bonds payable in whole or in part from mineral lease payments as provided in Section
             1478      11-14-17.6 .
             1479          (2) Tax anticipation notes are notes issued in anticipation of the collection of taxes and
             1480      other revenues of a service district which are due and payable in not more than one year from their
             1481      date of issue and, together with all other such notes then outstanding, do not exceed the estimated
             1482      amount of taxes and other revenues to be collected from the date of issue until maturity.
             1483          (3) Bond anticipation notes are notes issued in anticipation of the receipt of the proceeds
             1484      of bonds of the service district.


             1485          (4) All these bonds and notes shall be issued and sold in the manner, at either public or
             1486      private sale, shall be in the form, and signed by the person or persons, who may, but need not, be
             1487      officers of the county or municipality which established the service district and generally shall be
             1488      issued in the manner and with the details as is provided for in proceedings of the governing
             1489      authority of the service district authorizing the issuance of the bonds or notes; but all these bonds
             1490      and notes and the interest on them shall be exempt from all taxation in this state, except for the
             1491      corporate franchise tax, and all these bonds and notes may contain those terms and provisions as
             1492      are permitted by and shall be issued in compliance with Title 11, Chapter 14, [the] Utah Municipal
             1493      Bond Act.
             1494          (5) The proceeds of bonds or notes issued under the authority of this part shall be used to
             1495      pay the costs of acquisition or construction of service district facilities or the providing of services
             1496      including, without limitation:
             1497          (a) all costs of planning, designing, acquiring, and constructing a facility, including
             1498      architectural, planning, engineering, legal, and fiscal advisor's costs;
             1499          (b) all costs incident to the authorization and issuance of the bonds or notes, including
             1500      accountants' fees, attorneys' fees, financial advisors' fees, underwriting fees, including underwriting
             1501      fees or bond discount, and other professional services and printing costs;
             1502          (c) interest estimated to accrue on bonds or notes for a reasonable time before, during, and
             1503      for a reasonable time after the completion of the acquisition or construction of the facilities or
             1504      services; and
             1505          (d) all amounts deemed necessary to establish one or more bond reserves and maintenance,
             1506      repair, replacement, contingency funds and accounts, and all amounts necessary to provide
             1507      working capital for the facility.
             1508          Section 38. Section 17A-2-1322 is amended to read:
             1509           17A-2-1322. Tax levy and bonds -- Approval by majority of electors voting in
             1510      election -- Procedure for election.
             1511          (1) The governing authority of a county or municipality which has established a service
             1512      district may levy a tax on all taxable property within the service district in addition to all other
             1513      taxes on such property levied or imposed by the county or municipality or by any other public
             1514      corporation, district, or political subdivision in which the service district is located, and may also
             1515      issue bonds payable in whole or in part from these taxes. No tax may be levied and no bonds or


             1516      guaranteed bonds shall be issued, however, unless authorized, except as otherwise provided in
             1517      Section 17A-2-1325 , by a majority of the qualified electors of the service district voting at an
             1518      election for that purpose held as provided in this section.
             1519          (2) The proposition to levy the tax or to issue the bonds shall be submitted to the qualified
             1520      electors of the service district at an election called and held and for which notice is given in the
             1521      same manner as is provided in [the] Title 11, Chapter 14, Utah Municipal Bond Act, for the
             1522      holding of bond elections. The proposition shall state the purpose or purposes for which the taxes
             1523      are to be levied or the bonds are to be issued. In addition, a proposition for the issuance of bonds
             1524      shall state the maximum amount of bonds to be issued, the maximum number of years from their
             1525      respective dates for which the bonds may run, and, if the bonds are to be payable in whole or in
             1526      part from taxes, that fact and that taxes may be levied on all taxable property in the service district
             1527      to pay the principal of and interest on the bonds. The purpose or purposes may be stated in general
             1528      terms and need not specify the particular projects or services for which the taxes are to be levied
             1529      or the bonds are to be issued nor the specific amount of the proceeds of the taxes or of the bonds
             1530      to be expended for each project or service. If bonds are to be payable in part from tax proceeds
             1531      and in part from the operating revenues of the service district or from any combination of them,
             1532      the proposition shall so indicate but need not specify how the bonds are to be divided as to source
             1533      of payment. If the bonds are to be issued as guaranteed bonds, the proposition shall also clearly
             1534      state that fact together with the name or names of the guarantors. A proposition for the levy of
             1535      taxes and for the issuance of bonds may be combined as a single proposition.
             1536          Section 39. Section 17A-2-1413 is amended to read:
             1537           17A-2-1413. District powers -- Powers of board of trustees -- Other provisions
             1538      applicable.
             1539          (1) (a) Each water conservancy district established under this part:
             1540          (i) shall have perpetual succession; and
             1541          (ii) except as provided in Subsection (1)(b), may exercise the power of eminent domain,
             1542      as provided by law, to take any property necessary to exercise powers granted to the district.
             1543          (b) Notwithstanding Subsection (1)(a)(ii), a water conservancy district may not:
             1544          (i) exercise the power of eminent domain to acquire title to or beneficial use of vested
             1545      water rights for transmountain diversion; and
             1546          (ii) carry or transport water in transmountain diversion, the title to which has been acquired


             1547      by a municipality by virtue of eminent domain proceedings.
             1548          (2) The board of trustees may, on behalf of the district:
             1549          (a) take by appropriation, grant, purchase, bequest, devise, or lease, and hold and enjoy
             1550      water, waterworks, water rights, sources of water supply, and any real and personal property within
             1551      or without the district necessary or convenient to exercise fully its powers;
             1552          (b) sell, lease, encumber, alienate, or otherwise dispose of water, waterworks, water rights,
             1553      and sources of water supply for any beneficial use within or without the district, and fix rates and
             1554      terms for the sale, lease, or other disposal of water;
             1555          (c) acquire, construct, operate, control, and use any works or facilities within or without
             1556      the district necessary or convenient to exercise its powers;
             1557          (d) construct, establish, or maintain works or facilities:
             1558          (i) across or along any public street or highway;
             1559          (ii) in, upon, or over any vacant public lands which are now, or may become, the property
             1560      of this state in accordance with Title 53C, School and Institutional Trust Lands Management Act,
             1561      and Title 65A, State Lands, except that any such action upon school or institutional trust lands may
             1562      only be undertaken with the consent of the director of the School and Institutional Trust Lands
             1563      Administration, acting pursuant to Sections 53C-1-102 and 53C-1-303 ; or
             1564          (iii) across any streams of water or watercourses;
             1565          (e) contract with any agency of the United States, person, or corporation, public or private,
             1566      for the construction, preservation, operation, or maintenance of tunnels, drains, pipelines,
             1567      reservoirs, regulating basins, diversion canals and works, dams, power plants, and any necessary
             1568      incidental works;
             1569          (f) acquire perpetual rights to the use of water from the works referred to in Subsection
             1570      (2)(e) and to sell perpetual rights to the use of water from those works to persons and corporations,
             1571      public and private;
             1572          (g) list in separate ownership the lands within the district which are susceptible of
             1573      irrigation from district sources and to make an allotment of water to all those lands, which
             1574      allotment of water may not exceed the maximum amount that the board determines could be
             1575      beneficially used on the lands;
             1576          (h) levy assessments, as provided for by this part, against lands within the district to which
             1577      water is allotted on the basis of:


             1578          (i) a uniform district-wide value per acre-foot of irrigation water; or
             1579          (ii) a uniform unit-wide value per acre-foot of irrigation water provided that the board
             1580      divides the district into units and fixes a different value per acre-foot of water in the respective
             1581      units;
             1582          (i) fix rates for the sale, lease, or other disposal of water, other than irrigation water, at
             1583      rates that are equitable, although not necessarily equal or uniform, for like classes of service;
             1584          (j) adopt and modify plans and specifications for the works for which the district was
             1585      organized;
             1586          (k) investigate and promote water development;
             1587          (l) appropriate and otherwise acquire water and water rights within or without the state;
             1588          (m) develop, store, and transport water;
             1589          (n) acquire stock in canal companies, water companies, and water users' associations;
             1590          (o) make and adopt plans for and to acquire, construct, operate, and maintain dams,
             1591      reservoirs, canals, conduits, pipelines, tunnels, power plants, and any works, facilities,
             1592      improvements, and property necessary or convenient for those purposes;
             1593          (p) generate, distribute, or sell electric power from hydroelectric power plants owned,
             1594      operated, licensed, or leased by the district if, as determined by the board, the electric power plant
             1595      was acquired or constructed as an incidental and not the primary purpose of a project for the
             1596      conservation, development, storage, transportation, or distribution of water;
             1597          (q) invest any surplus money in the district treasury pursuant to Title 51, Chapter 7, State
             1598      Money Management Act;
             1599          (r) refund bonded indebtedness incurred by the district pursuant to rules prescribed by the
             1600      board;
             1601          (s) borrow money and to issue bonds or other evidence of indebtedness;
             1602          (t) construct works and improvements on land not subject to acquisition by condemnation
             1603      held by the district for a term of not less than 50 years under lease, easement, or otherwise and to
             1604      issue bonds to pay the costs for which bonds may be issued as in this part;
             1605          (u) acquire, construct, operate, or maintain works for the irrigation of land;
             1606          (v) sell water and water services to individual customers and to charge sufficient rates for
             1607      the water and services supplied; however, no sale of water for domestic or culinary use shall be
             1608      made to a customer located within the limits of any incorporated municipality without the consent


             1609      of the municipality, except as provided by Subsection 17A-2-1439 (7);
             1610          (w) make and collect fees for customer connections to the works of the district and for
             1611      permitting and supervising the making of the connections;
             1612          (x) use the proceeds of connection charges for any lawful corporate purpose, including the
             1613      construction or acquisition of facilities, payment of principal of and interest on bonds, and the
             1614      creation of a reserve for such purposes;
             1615          (y) own property for its corporate purposes within the boundaries of incorporated
             1616      municipalities; and
             1617          (z) adopt a fiscal year, which may end June 30 or December 31.
             1618          (3) (a) The provisions of Title 17B, Chapter 2, Part 4, Board of Trustees, except Section
             1619      17B-2-402 , apply to each water conservancy district to the same extent as if the water conservancy
             1620      district were a local district under Title 17B, Chapter 2, Local Districts.
             1621          (b) (i) If a change in the expiration date of the term of a board of trustees member is
             1622      necessary to comply with the requirements of Subsection 17B-2-403 (1), the term of each board
             1623      member whose term expires on a day other than the first Monday in January shall be extended to
             1624      the first Monday in January after the normal expiration date next following the special district
             1625      election date under Section 17A-1-305 .
             1626          (ii) If a change in the length of the term of a board of trustees member is necessary to
             1627      comply with the requirements of Subsection 17B-2-403 (2), the change may not take effect until
             1628      the expiration of the term of the member whose term length is to be changed.
             1629          Section 40. Section 17A-2-1414 is amended to read:
             1630           17A-2-1414. Who may enter into contracts -- Permissible purposes of contracts --
             1631      Agreements and leases -- Elections for water purchase contracts.
             1632          (1) Any water conservancy district and any incorporated municipality located within or
             1633      without the boundaries of the district or other district created under any law of this state are
             1634      expressly authorized and empowered to enter into contracts with each other and with any other
             1635      person or corporation, public or private, for any of the following purposes:
             1636          (a) the joint operation of water facilities owned by any district or municipality;
             1637          (b) the exchange of water, water rights, or facilities;
             1638          (c) the leasing of water or water facilities; or
             1639          (d) the sale of water.


             1640          (2) (a) Any agreement about the operation or use of water facilities owned by a
             1641      municipality or district by another municipality or district, the joint operation of facilities, or the
             1642      lease of water or water facilities, may provide for the joint use of water facilities owned by one of
             1643      the contracting parties under appropriate arrangements for reasonable compensation.
             1644          (b) Any agreement may provide for the renting or loan of water by one contracting party
             1645      to the other or for the sale of water by one party and its purchase by another. No limitation
             1646      contained in any existing law requiring the water of any district to be supplied to its own residents
             1647      on a priority basis shall be applicable to any contract made under this section.
             1648          (c) Any contract for the sale of water may run for a term of years as may be specified. The
             1649      contract may require the purchasing party to pay for a minimum amount of water annually,
             1650      provided the water is available, without regard to actual taking or use. The contract may provide
             1651      for the payment for water sold or contracted to be sold from any of the following sources of
             1652      revenue:
             1653          (i) the general funds or other funds of the purchasing municipality or district;
             1654          (ii) the proceeds of class B assessments imposed under the Water Conservancy Act;
             1655          (iii) the proceeds of water distributed and sold through the distribution system of the
             1656      purchasing district or municipality; or
             1657          (iv) any combination of these sources of payment.
             1658          (d) The governing body of any municipality agreeing to purchase water under a contract,
             1659      for the purpose of complying with any pertinent constitutional requirement or for any other reason,
             1660      may call an election for that purpose. The election shall be conducted in the manner provided in
             1661      [the] Title 11, Chapter 14, Utah Municipal Bond Act.
             1662          Section 41. Section 17A-2-1439 is amended to read:
             1663           17A-2-1439. Contracts providing for payment in installments -- Issuance and sale
             1664      of bonds -- Sinking fund -- Covenants -- Default -- Revenue obligations -- Refunding bonds.
             1665          (1) (a) (i) To pay for construction, operation, and maintenance of works, and expenses
             1666      preliminary and incidental to them, the board may enter into contracts with the United States of
             1667      America or its agencies, providing for payment in installments.
             1668          (ii) To pay for all or part of the cost of the construction or acquisition of any works, to pay
             1669      for the improvement and extension of them, to pay expenses preliminary and incidental to them,
             1670      to pay interest on the bonds during acquisition and construction, to provide for necessary reserves,


             1671      and to pay costs of issuance and sale of the bonds (including, without limitation, printing,
             1672      registration and transfer costs, legal fees, financial advisor's fees, and underwriter's discount), the
             1673      board may issue the bonds of the district as provided in this section.
             1674          (b) The indebtedness or obligation represented by any bonds issued by or any contract
             1675      entered into by the board may be payable in whole or in part from all or part of the revenues
             1676      derived by the district from the operation of all or any designated portion of its works, from the
             1677      proceeds of assessments and taxes levied under this part, or from any combination of those
             1678      revenues, assessments, and taxes.
             1679          (c) The indebtedness or obligation represented by any bonds issued by or any contract
             1680      entered into by the board may be incurred for the acquisition, construction, or both, of all or part
             1681      of any works, for the improvement or extension of any works, or for a system of works for the
             1682      distribution of water or for the treatment of water or both, whether or not the works of the district
             1683      so acquired, constructed, improved, or extended include a source of water supply.
             1684          (d) (i) These bonds shall be issued and sold in compliance with Title 11, Chapter 14, Utah
             1685      Municipal Bond Act, and may be in the form and denominations and have provisions and details
             1686      permitted by [the] Title 11, Chapter 14, Utah Municipal Bond Act, except that the bonds shall
             1687      mature serially or otherwise and contract payment installments shall fall due at any time or times
             1688      not later than 50 years from their date.
             1689          (ii) The bonds and any evidences of participation interests in the bonds may be issued,
             1690      executed, authenticated, registered, transferred, exchanged, and otherwise made to comply with
             1691      Title 15, Chapter 7, Registered Public Obligations Act, or any other statute relating to the
             1692      registration of bonds enacted to meet the requirements of Section 103 of the Internal Revenue
             1693      Code of 1954, as amended, or any similar or successor federal law, and applicable regulations.
             1694          (2) (a) Bonds may be issued hereunder at one time or from time to time.
             1695          (b) If more than one issue or series of bonds is delivered hereunder, the bonds of the
             1696      respective issues or series shall have priorities of payment as provided in the proceedings
             1697      authorizing the bonds.
             1698          (3) (a) Any resolution authorizing the issuance of bonds or the entering into of a contract
             1699      indebtedness or obligation payable in installments hereunder shall provide for the creation of a
             1700      sinking fund into which shall be paid from the revenues, assessments, and taxes, any or all,
             1701      pledged to the payment in the authorizing resolution sums fully sufficient to pay the principal of


             1702      and interest on the bonds or on the contract indebtedness or obligation and to create a reserve for
             1703      contingencies as required by the resolution.
             1704          (b) Any resolution so authorizing bonds or the entering into of a contract indebtedness or
             1705      obligation may contain those covenants with the future holders of the bonds or the other
             1706      contracting party as to the management and operation of the properties and works of the district,
             1707      the imposition and collection of fees and charges, including taxes and assessments, for the water
             1708      and services furnished thereby, the disposition of the fees and revenues, the issuance of future
             1709      bonds and the incurring of future contract indebtedness or obligations and the creation of future
             1710      liens and encumbrances against the works and the revenues thereof, the carrying of insurance on
             1711      the works and the disposition of the proceeds of insurance, the sale, disposal, or alienation of the
             1712      works, and other pertinent matters considered necessary or proper by the board to assure the
             1713      merchantability of the bonds or the execution of the contract.
             1714          (c) These covenants and agreements may not be inconsistent with this section.
             1715          (4) (a) It may be provided in the resolution that any holder of the bonds or any contracting
             1716      party may by appropriate legal action compel performance of all duties required of the board and
             1717      the officials of the district by this part and the resolution authorizing the bonds or contract.
             1718          (b) If any bond issued or any contract entered into hereunder is permitted to go into default
             1719      as to any installment of principal or interest, any court of competent jurisdiction may, pursuant to
             1720      the application of the holder of any bond or of the other contracting party, appoint a receiver to
             1721      operate the works of the district and to collect and distribute the revenues thereof under the
             1722      resolution, this part, and as the court may direct.
             1723          (5) (a) When the district has issued bonds or entered into a contract and pledged any
             1724      revenues of the works for the payment of them as provided in this part, the district shall impose
             1725      and collect fees and charges for water and services furnished by the works in that amount and at
             1726      those rates fully sufficient at all times (in conjunction with the proceeds of available taxes and
             1727      assessments if the bonds or contract indebtedness or obligation are also payable in part from the
             1728      proceeds of assessments and taxes levied under this part) to pay the expenses of operating and
             1729      maintaining the works, to provide a sinking fund sufficient to assure the prompt payment of
             1730      principal of and interest on the bonds or contract indebtedness or obligation as principal and
             1731      interest fall due, and to provide those funds for reserves and contingencies and for a depreciation
             1732      fund for repairs, extensions, and improvements to the works as considered necessary to assure


             1733      adequate and efficient service, all as may be required by the resolution.
             1734          (b) No board or commission other than the board of trustees of the district has authority
             1735      over or is required to approve the making or fixing of fees and charges, the acquisition of property
             1736      by the district, the issuance of its bonds, or the entering into of a contract.
             1737          (6) (a) The board of any district that issues or has issued any bonds under this part, or that
             1738      enters or has entered into any contracts under this part, may issue bonds hereunder for the purpose
             1739      of refunding all or any part of the outstanding bonds, or the outstanding indebtedness or obligation
             1740      represented by the contracts, or in part for the purpose of the refunding and in part for the purpose
             1741      of acquiring, constructing, improving, or extending works for the district.
             1742          (b) If bonds are issued solely for refunding purposes, the election required by Section
             1743      17A-2-1440 is not a condition precedent to the issuance of the bonds.
             1744          (c) Refunding bonds so authorized:
             1745          (i) may be sold and the proceeds thereof applied to or deposited in an escrow and invested
             1746      pending the retirement of the outstanding bonds; or
             1747          (ii) may be delivered in exchange for the outstanding bonds.
             1748          (d) The refunding bonds shall be authorized and secured in the manner herein provided
             1749      for the issuance and securing of other bonds and may, but are not required to, have the same source
             1750      of security and payment as the bonds refunded.
             1751          (7) (a) If bonds have been issued or a contract indebtedness or obligation has been incurred
             1752      hereunder payable in whole or in part from revenues to be derived from supplying water to the
             1753      inhabitants of territory which was not at the time of the issuance of the bonds or the entering into
             1754      of the contract contained within the corporate limits of any municipality or any other district
             1755      created for the purpose of supplying water to the territory, the district shall thereafter be the sole
             1756      public corporation or political subdivision authorized to supply water to this area.
             1757          (b) No municipal corporation or other district into which any part of the territory is
             1758      incorporated or included has authority either to supply water to the inhabitants of the corporation
             1759      or district or to grant a franchise for the supplying of the water.
             1760          (c) Nothing contained in this Subsection (7) prevents the modification of this restriction
             1761      contained by the district if modification does not in any way jeopardize the prompt payment of
             1762      principal of and interest on the bonds of the district then outstanding or of the payment of
             1763      installments of indebtedness or obligation under a contract.


             1764          Section 42. Section 17A-2-1448 is amended to read:
             1765           17A-2-1448. Validation of proceedings -- Changes.
             1766          (1) If proceedings have been adopted under authority of this part purporting to create any
             1767      conservancy district thereunder, all proceedings had in connection with the creation of each such
             1768      district are hereby validated, ratified and confirmed notwithstanding any failure to comply with
             1769      any one or more pertinent statutory provisions and each such district is declared to be a validly
             1770      created and existing district under authority of the law.
             1771          (2) It is expressly found and determined that all taxable property lying in each such district
             1772      will be benefitted by the construction of the improvements to be constructed by such district to an
             1773      amount not less than the aggregate of the taxes and assessments to be levied against such property
             1774      to pay for the cost of such improvements.
             1775          (3) All proceedings had in connection with the appointment election and organization of
             1776      board of trustees for each such district are ratified and approved and each such board of trustees
             1777      is declared to be de facto and de jure governing body of each such district. If in any such district
             1778      an election has been held on the approval of a contract with the United States of America or on the
             1779      issuance of the bonds of the district or both, all proceedings had in connection with the calling and
             1780      holding of each such election are validated, ratified and confirmed despite any irregularity which
             1781      may have occurred therein and any contract so approved by any such election and any bonds so
             1782      authorized at any such election are validated and confirmed and the board of trustees and officers
             1783      of each such district are authorized and empowered to proceed to do all things necessary to the
             1784      execution of such contract or to the issuance of such bonds as the case may be and each such
             1785      contract when duly executed and all such bonds when delivered and paid for are declared to be
             1786      valid and binding obligations of such district in accordance with the terms thereof and to be fully
             1787      negotiable for all purposes.
             1788          (4) All construction contracts heretofore entered into by any such district for the
             1789      construction or acquisition of works or facilities for such district are validated, ratified, and
             1790      confirmed and declared to be valid obligations of such district in accordance with the terms
             1791      thereof. The board of [directors] trustees of any such district may make such changes in any
             1792      contract or in any bond proceedings or bonds hereby validated as may in its opinion be desirable
             1793      for the best interests of such district without in any wise impairing or making ineffective any of
             1794      the curative effect of this section. Any such change or changes may be so made despite the fact


             1795      that such change or changes may be inconsistent with the proceedings at which any such contract,
             1796      if voted at an election, or any such bonds, where voted, and no new election to approve or
             1797      authorize such change or changes shall be necessary.
             1798          Section 43. Section 17A-2-1449 is amended to read:
             1799           17A-2-1449. Validation of proceedings and actions -- Changes in validated contracts,
             1800      bond proceedings or bonds authorized.
             1801          (1) All proceedings that have been adopted and actions taken before May 13, 1969, under
             1802      authority of this part, purporting to create any water conservancy district thereunder or purporting
             1803      to provide for the inclusion of any additional area or areas in any such district, including all
             1804      petitions filed and all notices given, published and mailed in connection with any such creation and
             1805      any such inclusion, are hereby validated, ratified and confirmed, notwithstanding any failure to
             1806      comply with any one or more pertinent statutory provisions and each such district as so created or
             1807      enlarged is declared to be a validly created and existing district.
             1808          (2) It is expressly determined that all taxable property lying in each such district shall be
             1809      benefitted by any improvements constructed before or after this part takes effect to an amount not
             1810      less than the aggregate of the taxes and assessments levied against such property to pay for the cost
             1811      of such improvements.
             1812          (3) All proceedings and actions taken with respect to the appointment, election and
             1813      organization of a board of trustees and officers thereof for each such district are validated, ratified
             1814      and confirmed and each such board of trustees is declared to be the de facto and de jure governing
             1815      body of each such district. If in any such district an election has been held, before May 13, 1969,
             1816      on the question of approving a contract with the United States of America or on the question of
             1817      the issuance of the bonds of the district, or both, all proceedings and actions concerned with the
             1818      calling, holding and conduct of any such elections are validated, ratified and confirmed despite any
             1819      irregularities which may have occurred in connection therewith.
             1820          (4) Any contract so approved at such an election and any bonds so authorized at such an
             1821      election are validated, ratified and confirmed. The board of trustees and officers of each such
             1822      district may do all things necessary to execute any such contract or issue such bonds, and each such
             1823      contract when executed and all such bonds when delivered and paid for shall be valid and binding
             1824      obligations of such district in accordance with the tenor and terms thereof. Any contracts made
             1825      by such district for the construction or acquisition of works or facilities for such district are


             1826      validated, ratified and confirmed and shall be valid obligations of such district in accordance with
             1827      the terms thereof. Changes made after May 13, 1969 by the board of [directors] trustees of any
             1828      such district in any contract, bond proceedings or bonds hereby validated shall be considered not
             1829      to nullify any curative effect of this section.
             1830          Section 44. Section 19-6-505 is amended to read:
             1831           19-6-505. Long-term agreements for joint action -- Construction, acquisition, or sale
             1832      of interest in management facilities -- Issuance of bonds.
             1833          (1) (a) Two or more public entities, which for the purposes of this section shall only
             1834      include any political subdivision of the state, the state and its agencies, and the United States and
             1835      its agencies, may enter into long-term agreements with one another pursuant to Title 11, Chapter
             1836      13, Interlocal Cooperation Act, and any one or more public entities may enter into long-term
             1837      agreements with any private entity or entities for joint or cooperative action related to the
             1838      acquisition, construction, ownership, operation, maintenance, and improvement of solid waste
             1839      management facilities, regardless of whether the facilities are owned or leased by a public entity
             1840      or entities, private entity or entities, or combination of them and pursuant to which solid waste of
             1841      one or more public entities, any private entity or entities, or combination of them, are made
             1842      available for solid waste management pursuant to the terms, conditions, and consideration
             1843      provided in the agreement.
             1844          (b) Any payments made by a public entity for services received under the agreement are
             1845      not an indebtedness of the public entity within the meaning of any constitutional or statutory
             1846      restriction, and no election is necessary for the authorization of the agreement.
             1847          (c) Any public entity or any public entity in combination with a private entity agreeing to
             1848      make solid waste management facilities available may, in the agreement, agree to make available
             1849      to other public entities a specified portion of the capacity of the solid waste management facilities,
             1850      without regard to its future need of the specified capacity for its own use and may in the agreement
             1851      agree to increase the capacity of its solid waste management facilities from time to time, as
             1852      necessary, in order to take care of its own needs and to perform its obligations to the other parties
             1853      to the agreement.
             1854          (2) (a) Two or more public entities or any one or more public entities together with any
             1855      private entity or entities may construct or otherwise acquire joint interests in solid waste
             1856      management facilities, or any part of them, for their common use, or may sell to any other public


             1857      or private entity or entities a partial interest or interests in its solid waste management facility.
             1858          (b) Any public entity otherwise qualifying under [the] Title 11, Chapter 14, Utah
             1859      Municipal Bond Act or [the] Title 11, Chapter 17, Utah Industrial Facilities and Development Act
             1860      may issue its bonds pursuant to these acts for the purpose of acquiring a joint interest in solid waste
             1861      management facilities, or any part thereof, whether the joint interest is to be acquired through
             1862      construction of new facilities or the purchase of an interest in existing facilities.
             1863          Section 45. Section 19-6-804 is amended to read:
             1864           19-6-804. Restrictions on disposal of tires -- Penalties.
             1865          (1) (a) After January 1, 1994, an individual, including a waste tire transporter, may not
             1866      dispose of more than four whole tires at one time in a landfill or any other location in the state
             1867      authorized by the executive secretary to receive waste tires, except for purposes authorized by
             1868      board rule.
             1869          (b) Tires are exempt from this Subsection (1) if the original tire has a rim diameter greater
             1870      than 24.5 inches.
             1871          (c) No person, including a waste tire transporter, may dispose of waste tires or store waste
             1872      tires in any manner not allowed under this [chapter] part or rules made under this part.
             1873          (2) The operator of the landfill or other authorized location shall direct that the waste tires
             1874      be disposed in a designated area to facilitate retrieval if a market becomes available for the
             1875      disposed waste tires or material derived from waste tires.
             1876          (3) An individual, including a waste tire transporter, may dispose of shredded waste tires
             1877      in a landfill in accordance with Section 19-6-812 , and may also, without reimbursement, dispose
             1878      in a landfill materials derived from waste tires that do not qualify for reimbursement under Section
             1879      19-6-812 , but the landfill shall dispose of the material in accordance with Section 19-6-812 .
             1880          (4) (a) An individual, including a waste tire transporter, violating this section is subject
             1881      to enforcement proceedings and a civil penalty of not more than $100 per waste tire or per
             1882      passenger tire equivalent disposed of in violation of this section. A warning notice may be issued
             1883      prior to taking further enforcement action under this Subsection (4).
             1884          (b) A civil proceeding to enforce this section and collect penalties under this section may
             1885      be brought in the district court where the violation occurred by the board, the local health
             1886      department, or the county attorney having jurisdiction over the location where the tires were
             1887      disposed in violation of this section.


             1888          (c) Penalties collected under this section shall be deposited in the trust fund.
             1889          Section 46. Section 20A-3-304 is amended to read:
             1890           20A-3-304. Application for absentee ballot -- Time for filing and voting.
             1891          (1) As used in this section, "absent elector" means a person who:
             1892          (a) is physically, emotionally, or mentally impaired;
             1893          (b) will be serving as an election judge or who has election duties in another voting
             1894      precinct;
             1895          (c) is detained or incarcerated in a jail or prison as a penalty for committing a
             1896      misdemeanor;
             1897          (d) suffers a legal disability;
             1898          (e) is prevented from voting in a particular location because of religious tenets or other
             1899      strongly held personal values;
             1900          (f) is called for jury duty in state or federal court; or
             1901          (g) otherwise expects to be absent from the voting precinct during the hours the polls are
             1902      open on election day.
             1903          (2) A registered voter who is or will be an absent elector may file an absentee ballot
             1904      application with the appropriate election officer for an official absentee ballot.
             1905          (3) (a) Except as provided in Subsection (3)(b), each election officer shall prepare blank
             1906      applications for absentee ballot applications in substantially the following form:
             1907          "I, ____, a qualified elector, in full possession of my mental faculties, residing at ____
             1908      Street, ____ City, ____ County, Utah [and] to my best knowledge and belief am entitled to vote
             1909      by absentee ballot at the next election.
             1910          I apply for an official absentee ballot to be voted by me at the election.
             1911          Date ________ (month\day\year) Signed ___________________________
             1912                                      Voter"
             1913          (b) Each election officer shall prepare blank applications for absentee ballot applications
             1914      for regular primary elections and for the Western States Presidential Primary in substantially the
             1915      following form:
             1916          "I, ____, a qualified elector, in full possession of my mental faculties, residing at ____
             1917      Street, ____ City, ____ County, Utah to my best knowledge and belief am entitled to vote by
             1918      absentee ballot at the next election.


             1919          I apply for an official absentee ballot for the _______________ political party to be voted
             1920      by me at the primary election.
             1921          I understand that I must be affiliated with or authorized to vote the political party's ballot
             1922      that I request.
             1923          Dated _________ (month\day\year) ____ Signed ___________________________
             1924                                          Voter"
             1925          If requested by the applicant, the election officer shall:
             1926          (i) mail or fax the application blank to the absentee voter; or
             1927          (ii) deliver the application blank to any voter who personally applies for it at the office of
             1928      the election officer.
             1929          (4) (a) (i) Except as provided in Subsections (4)(a)(ii) and (iii), the voters shall file the
             1930      application for an absentee ballot with the appropriate election officer no later than the Friday
             1931      before election day.
             1932          (ii) Overseas applicants shall file their applications with the appropriate election officer
             1933      no later than 20 days before the day of election.
             1934          (iii) Voters applying for an absentee ballot for the Western States Presidential Primary
             1935      shall file the application for an absentee ballot with the appropriate election officer not later than
             1936      the Tuesday before election day.
             1937          (b) Persons voting an absentee ballot at the office of the election officer shall apply for and
             1938      cast their ballot no later than the day before the election.
             1939          (5) (a) A county clerk may establish a permanent absentee voter list.
             1940          (b) The clerk shall place on the list the name of any person who:
             1941          (i) requests permanent absentee voter status; and
             1942          (ii) meets the requirements of this section.
             1943          (c) (i) Each year, the clerk shall mail a questionnaire to each person whose name is on the
             1944      absentee voter list.
             1945          (ii) The questionnaire shall allow the absentee person to verify the voter's residence and
             1946      inability to vote at the voting precinct on election day.
             1947          (iii) The clerk may remove the names of any voter from the absentee voter registration list
             1948      if:
             1949          (A) the voter is no longer listed in the official register; or


             1950          (B) the voter fails to verify the voter's residence and absentee status.
             1951          (d) The clerk shall provide a copy of the permanent absentee voter list to election officers
             1952      for use in elections.
             1953          Section 47. Section 20A-5-404 is amended to read:
             1954           20A-5-404. Election forms -- Preparation and contents.
             1955          (1) (a) For each election, the election officer[: (a)] shall prepare, for each voting precinct,
             1956      a:
             1957          (i) ballot disposition form;
             1958          (ii) total votes cast form;
             1959          (iii) tally sheet form; and
             1960          (iv) pollbook.
             1961          (b) For each election, the election officer shall:
             1962          (i) provide a copy of each form to each of those precincts using paper ballots; and
             1963          (ii) provide a copy of the ballot disposition form and a pollbook to each of those voting
             1964      precincts using an automated voting system.
             1965          (2) The election officer shall ensure that the ballot disposition form contains a space for
             1966      the judges to identify:
             1967          (a) the number of ballots voted;
             1968          (b) the number of substitute ballots voted, if any;
             1969          (c) the number of ballots delivered to the voters;
             1970          (d) the number of spoiled ballots;
             1971          (e) the number of registered voters listed in the official register;
             1972          (f) the total number of voters voting according to the pollbook; and
             1973          (g) the number of unused ballots.
             1974          (3) The election officer shall ensure that the total votes cast form contains:
             1975          (a) the name of each candidate appearing on the ballot, the office for which the candidate
             1976      is running, and a blank space for the election judges to record the number of votes that the
             1977      candidate received;
             1978          (b) for each office, blank spaces for the election judges to record the names of write-in
             1979      candidates, if any, and a blank space for the election judges to record the number of votes that the
             1980      write-in candidate received;


             1981          (c) a heading identifying each ballot proposition and blank spaces for the election judges
             1982      to record the number of votes for and against each proposition; and
             1983          (d) a certification, in substantially the following form, to be signed by the judges when
             1984      they have completed the total votes cast form:
             1985          "TOTAL VOTES CAST
             1986          At an election held at ____ in ____ voting precinct in ____________(name of entity
             1987      holding the election) and State of Utah, on __________(month\day\year), the following named
             1988      persons received the number of votes annexed to their respective names for the following
             1989      described offices: Total number of votes cast were as follows:
             1990          Certified by us ____, ____, ____, Judges of Election."
             1991          (4) The election officer shall ensure that the tally sheet form contains:
             1992          (a) for each office, the names of the candidates for that office, and blank spaces to tally the
             1993      votes that each candidate receives;
             1994          (b) for each office, blank spaces for the election judges to record the names of write-in
             1995      candidates, if any, and a blank space for the election judges to tally the votes for each write-in
             1996      candidate;
             1997          (c) for each ballot proposition, a heading identifying the ballot proposition and the words
             1998      "Yes" and "No" or "For" and "Against" on separate lines with blank spaces after each of them for
             1999      the election judges to tally the ballot proposition votes; and
             2000          (d) a certification, in substantially the following form, to be signed by the judges when
             2001      they have completed the tally sheet form:
             2002          "Tally Sheet
             2003          We the undersigned election judges for voting precinct #________________,
             2004      _______________(entity holding the election) certify that this is a true and correct list of all
             2005      persons voted for and ballot propositions voted on at the election held in that voting precinct on
             2006      _______________________(date of election) and is a tally of the votes cast for each of those
             2007      persons. Certified by us ____, ____, ____, Judges of Election."
             2008          (5) The election officer shall ensure that the pollbook:
             2009          (a) identifies the voting precinct number on its face; and
             2010          (b) contains:
             2011          (i) a section to record persons voting on election day, with columns entitled "Ballot


             2012      Number" and "Voter's Name";
             2013          (ii) another section in which to record absentee ballots;
             2014          (iii) a section in which to record voters who are challenged; and
             2015          (iv) a certification, in substantially the following form:
             2016          "We, the undersigned, judges of an election held at ______ voting precinct, in _______
             2017      County, state of Utah, on __________(month\day\year), having first been sworn according to law,
             2018      certify that the information listed in this book is a true statement of the number and names of the
             2019      persons voting in the voting precinct at the election, and that the total number of persons voting
             2020      at the election was ____."
             2021     
_____________________________

             2022     
_____________________________

             2023          
_____________________________

             2024     
Judges of Election

             2025          Section 48. Section 21-2-8 is amended to read:
             2026           21-2-8. Fees of county officers.
             2027          (1) As used in this section, "county officer" means all of the county officers enumerated
             2028      in Section 17-53-101 except county recorders, county constables, and county sheriffs.
             2029          (2) (a) Each county officer shall collect, in advance, for exclusive county use and benefit:
             2030          (i) all fees established by the county legislative body under [this section] Section
             2031      17-53-211 ; and
             2032          (ii) any other fees authorized or required by law.
             2033          (b) As long as the displaced homemaker program is authorized by Section 35A-3-114 , the
             2034      county clerk shall:
             2035          (i) assess $20 in addition to whatever fee for a marriage license is established under
             2036      authority of this section; and
             2037          (ii) transmit $20 from each marriage license fee to the Division of Finance to be credited
             2038      to the displaced homemaker program.
             2039          (c) As long as the Children's Legal Defense Account is authorized by Section 63-63a-8 ,
             2040      the county clerk shall:
             2041          (i) assess $10 in addition to whatever fee for a marriage license is established under
             2042      authority of this section and in addition to the $20 assessed for the displaced homemaker program;


             2043      and
             2044          (ii) transmit $10 from each marriage license fee to the Division of Finance for deposit in
             2045      the Children's Legal Defense Account.
             2046          (3) This section does not apply to any fees currently being assessed by the state but
             2047      collected by county officers.
             2048          Section 49. Section 23-13-2 is amended to read:
             2049           23-13-2. Definitions.
             2050          As used in this title:
             2051          (1) "Activity regulated under this title" means any act, attempted act, or activity prohibited
             2052      or regulated under any provision of Title 23 or the rules, and proclamations promulgated
             2053      thereunder pertaining to protected wildlife including:
             2054          (a) fishing;
             2055          (b) hunting;
             2056          (c) trapping;
             2057          (d) taking;
             2058          (e) permitting any dog, falcon, or other domesticated animal to take;
             2059          (f) transporting;
             2060          (g) possessing;
             2061          (h) selling;
             2062          (i) wasting;
             2063          (j) importing;
             2064          (k) exporting;
             2065          (l) rearing;
             2066          (m) keeping;
             2067          (n) utilizing as a commercial venture; and
             2068          (o) releasing to the wild.
             2069          (2) "Aquatic animal" has the meaning provided in Section 4-37-103 .
             2070          (3) "Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic insects, or
             2071      amphibians.
             2072          (4) "Aquaculture facility" has the meaning provided in Section 4-37-103 .
             2073          (5) "Bag limit" means the maximum limit, in number or amount, of protected wildlife that


             2074      one person may legally take during one day.
             2075          (6) "Big game" means species of hoofed protected wildlife.
             2076          (7) "Carcass" means the dead body of an animal or its parts.
             2077          (8) "Certificate of registration" means a document issued under this title, or any rule or
             2078      proclamation of the Wildlife Board granting authority to engage in activities not covered by a
             2079      license, permit, or tag.
             2080          (9) "Closed season" means the period of time during which the taking of protected wildlife
             2081      is prohibited.
             2082          (10) "Conservation officer" means a full-time, permanent employee of the Division of
             2083      Wildlife Resources who is POST certified as a peace or a special function officer.
             2084          (11) "Dedicated hunter program" means a program that provides:
             2085          (a) expanded hunting opportunities;
             2086          (b) opportunities to participate in projects that are beneficial to wildlife; and
             2087          (c) education in hunter ethics and wildlife management principles.
             2088          (12) "Division" means the Division of Wildlife Resources.
             2089          (13) (a) "Domicile" means the place:
             2090          (i) where an individual has a fixed permanent home and principal establishment;
             2091          (ii) to which the individual if absent, intends to return; and
             2092          (iii) in which the individual, and the individual's family voluntarily reside, not for a special
             2093      or temporary purpose, but with the intention of making a permanent home.
             2094          (b) To create a new domicile an individual must:
             2095          (i) abandon the old domicile; and
             2096          (ii) be able to prove that a new domicile has been established.
             2097          (14) "Endangered" means wildlife designated as such pursuant to Section 3 of the federal
             2098      Endangered Species Act of 1973.
             2099          (15) "Fee fishing facility" has the meaning provided in Section 4-37-103 .
             2100          (16) "Feral" means an animal which is normally domesticated but has reverted to the wild.
             2101          (17) "Fishing" means to take fish or crayfish by any means.
             2102          (18) "Furbearer" means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and
             2103      Castoridae families, except coyote and cougar.
             2104          (19) "Game" means wildlife normally pursued, caught, or taken by sporting means for


             2105      human use.
             2106          (20) (a) "Guide" means a person who receives compensation or advertises services for
             2107      assisting another person to take protected wildlife.
             2108          (b) Assistance under Subsection (20)(a) includes the provision of food, shelter, or
             2109      transportation, or any combination of these.
             2110          (21) "Guide's agent" means a person who is employed by a guide to assist another person
             2111      to take protected wildlife.
             2112          (22) "Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by any
             2113      means.
             2114          (23) "Intimidate or harass" means to physically interfere with or impede, hinder, or
             2115      diminish the efforts of an officer in the performance of the officer's duty.
             2116          (24) "Nonresident" means a person who does not qualify as a resident.
             2117          (25) "Open season" means the period of time during which protected wildlife may be
             2118      legally taken.
             2119          (26) "Pecuniary gain" means the acquisition of money or something of monetary value.
             2120          (27) "Permit" means a document, including a stamp, which grants authority to engage in
             2121      specified activities under this title or a rule or proclamation of the Wildlife Board.
             2122          (28) "Person" means an individual, association, partnership, government agency,
             2123      corporation, or an agent of the foregoing.
             2124          (29) "Possession" means actual or constructive possession.
             2125          (30) "Possession limit" means the number of bag limits one individual may legally possess.
             2126          (31) (a) "Private fish installation" means a body of water where privately owned, protected
             2127      aquatic wildlife are propagated or kept.
             2128          (b) "Private fish installation" does not include any aquaculture facility or fee fishing
             2129      facility.
             2130          (32) "Private wildlife farm" means an enclosed place where privately owned birds or
             2131      furbearers are propagated or kept and which restricts the birds or furbearers from:
             2132          (a) commingling with wild birds or furbearers; and
             2133          (b) escaping into the wild.
             2134          (33) "Proclamation" means the publication used to convey a statute, rule, policy, or
             2135      pertinent information as it relates to wildlife.


             2136          (34) (a) "Protected aquatic wildlife" means aquatic wildlife as defined in Subsection (3),
             2137      except as provided in Subsection (34)(b).
             2138          (b) "Protected aquatic wildlife" does not include aquatic insects.
             2139          (35) (a) "Protected wildlife" means wildlife as defined in Subsection (49), except as
             2140      provided in Subsection (35)(b).
             2141          (b) "Protected wildlife" does not include coyote, field mouse, gopher, ground squirrel, jack
             2142      rabbit, muskrat, and raccoon.
             2143          (36) "Released to the wild" means to [turn] be turned loose from confinement.
             2144          (37) (a) "Resident" means a person who:
             2145          (i) has been domiciled in the state of Utah for six consecutive months immediately
             2146      preceding the purchase of a license; and
             2147          (ii) does not claim residency for hunting, fishing, or trapping in any other state or country.
             2148          (b) A Utah resident retains Utah residency if that person leaves this state:
             2149          (i) to serve in the armed forces of the United States or for religious or educational
             2150      purposes; and
             2151          (ii) complies with Subsection (37)(a)(ii).
             2152          (c) (i) A member of the armed forces of the United States and dependents are residents for
             2153      the purposes of this chapter as of the date the member reports for duty under assigned orders in the
             2154      state if the member:
             2155          (A) is not on temporary duty in this state; and
             2156          (B) complies with Subsection (37)(a)(ii).
             2157          (ii) A copy of the assignment orders must be presented to a wildlife division office to
             2158      verify the member's qualification as a resident.
             2159          (d) A nonresident attending an institution of higher learning in this state as a full-time
             2160      student may qualify as a resident for purposes of this chapter if the student:
             2161          (i) has been present in this state for 60 consecutive days immediately preceding the
             2162      purchase of the license; and
             2163          (ii) complies with Subsection (37)(a)(ii).
             2164          (e) A Utah resident license is invalid if a resident license for hunting, fishing, or trapping
             2165      is purchased in any other state or country.
             2166          (f) An absentee landowner paying property tax on land in Utah does not qualify as a


             2167      resident.
             2168          (38) "Sell" means to offer or possess for sale, barter, exchange, or trade, or the act of
             2169      selling, bartering, exchanging, or trading.
             2170          (39) "Small game" means species of protected wildlife:
             2171          (a) commonly pursued for sporting purposes; and
             2172          (b) not classified as big game, aquatic wildlife, or furbearers and excluding cougar and
             2173      bear.
             2174          (40) "Spoiled" means impairment of the flesh of wildlife which renders it unfit for human
             2175      consumption.
             2176          (41) "Spotlighting" means throwing or casting the rays of any spotlight, headlight, or other
             2177      artificial light on any highway or in any field, woodland, or forest while having in possession a
             2178      weapon by which protected wildlife may be killed.
             2179          (42) "Tag" means a card, label, or other identification device issued for attachment to the
             2180      carcass of protected wildlife.
             2181          (43) "Take" means to:
             2182          (a) hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill any protected
             2183      wildlife; or
             2184          (b) attempt any action referred to in Subsection (43)(a).
             2185          (44) "Threatened" means wildlife designated as such pursuant to Section 3 of the federal
             2186      Endangered Species Act of 1973.
             2187          (45) "Trapping" means taking protected wildlife with a trapping device.
             2188          (46) "Trophy animal" means an animal described as follows:
             2189          (a) deer - any buck with an outside antler measurement of 24 inches or greater;
             2190          (b) elk - any bull with six points on at least one side;
             2191          (c) bighorn, desert, or rocky mountain sheep - any ram with a curl exceeding half curl;
             2192          (d) moose - any bull;
             2193          (e) mountain goat - any male or female;
             2194          (f) pronghorn antelope - any buck with horns exceeding 14 inches; or
             2195          (g) bison - any bull.
             2196          (47) "Waste" means to abandon protected wildlife or to allow protected wildlife to spoil
             2197      or to be used in a manner not normally associated with its beneficial use.


             2198          (48) "Water pollution" means the introduction of matter or thermal energy to waters within
             2199      this state which:
             2200          (a) exceeds state water quality standards; or
             2201          (b) could be harmful to protected wildlife.
             2202          (49) "Wildlife" means:
             2203          (a) crustaceans, including brine shrimp and crayfish;
             2204          (b) mollusks; and
             2205          (c) vertebrate animals living in nature, except feral animals.
             2206          Section 50. Section 30-3-35 is amended to read:
             2207           30-3-35. Minimum schedule for visitation for children 5 to 18 years of age.
             2208          (1) The visitation schedule in this section applies to children 5 to 18 years of age.
             2209          (2) If the parties do not agree to a visitation schedule, the following schedule shall be
             2210      considered the minimum visitation to which the noncustodial parent and the child shall be entitled:
             2211          (a) (i) one weekday evening to be specified by the noncustodial parent or the court from
             2212      5:30 p.m. until 8:30 p.m.; or
             2213          (ii) at the election of the noncustodial parent, one weekday from the time the child's school
             2214      is regularly dismissed until 8:30 p.m., unless the court directs the application of Subsection
             2215      (2)(a)(i);
             2216          (b) (i) alternating weekends beginning on the first weekend after the entry of the decree
             2217      from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year; or
             2218          (ii) at the election of the noncustodial parent, from the time the child's school is regularly
             2219      dismissed on Friday until 7 p.m. on Sunday, unless the court directs the application of Subsection
             2220      (2)(b)(i);
             2221          (c) holidays take precedence over the weekend visitation, and changes shall not be made
             2222      to the regular rotation of the alternating weekend visitation schedule;
             2223          (d) if a holiday falls on a regularly scheduled school day, the noncustodial parent shall be
             2224      responsible for the child's attendance at school for that school day;
             2225          (e) (i) if a holiday falls on a weekend or on a Friday or Monday and the total holiday period
             2226      extends beyond that time so that the child is free from school and the parent is free from work, the
             2227      noncustodial parent shall be entitled to this lengthier holiday period; or
             2228          (ii) at the election of the noncustodial parent, visitation over a scheduled holiday weekend


             2229      may begin from the time the child's school is regularly dismissed at the beginning of the holiday
             2230      weekend until 7 p.m. on the last day of the holiday weekend;
             2231          (f) in years ending in an odd number, the noncustodial parent is entitled to the following
             2232      holidays:
             2233          (i) child's birthday on the day before or after the actual birthdate beginning at 3 p.m. until
             2234      9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the
             2235      birthday;
             2236          (ii) [Human Rights] Martin Luther King, Jr. Day beginning 6 p.m. on Friday until Monday
             2237      at 7 p.m. unless the holiday extends for a lengthier period of time to which the noncustodial parent
             2238      is completely entitled;
             2239          (iii) spring break or Easter holiday beginning at 6 p.m. on the day school lets out for the
             2240      holiday until 7 p.m. on the Sunday before school resumes;
             2241          (iv) Memorial Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the holiday
             2242      extends for a lengthier period of time to which the noncustodial parent is completely entitled;
             2243          (v) July 24th beginning 6 p.m. on the day before the holiday until 11 p.m. on the holiday;
             2244          (vi) Veteran's Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on the
             2245      holiday; and
             2246          (vii) the first portion of the Christmas school vacation as defined in Subsection
             2247      30-3-32 (3)(b) plus Christmas Eve and Christmas Day until 1 p.m., so long as the entire holiday is
             2248      equally divided;
             2249          (g) in years ending in an even number, the noncustodial parent is entitled to the following
             2250      holidays:
             2251          (i) child's birthday on actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion
             2252      of the noncustodial parent, he may take other siblings along for the birthday;
             2253          (ii) [President's] Washington and Lincoln Day beginning at 6 p.m. on Friday until 7 p.m.
             2254      on Monday unless the holiday extends for a lengthier period of time to which the noncustodial
             2255      parent is completely entitled;
             2256          (iii) July 4th beginning at 6 p.m. the day before the holiday until 11 p.m. on the holiday;
             2257          (iv) Labor Day beginning at 6 p.m. on Friday until Monday at 7 p.m. unless the holiday
             2258      extends for a lengthier period of time to which the noncustodial parent is completely entitled;
             2259          (v) the fall school break, if applicable, commonly known as U.E.A. weekend beginning


             2260      at 6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends for a lengthier period
             2261      of time to which the noncustodial parent is completely entitled;
             2262          (vi) Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the
             2263      holiday;
             2264          (vii) Thanksgiving holiday beginning Wednesday at 7 p.m. until Sunday at 7 p.m; and
             2265          (viii) the second portion of the Christmas school vacation as defined in Subsection
             2266      30-3-32 (3)(b) plus Christmas day beginning at 1 p.m. until 9 p.m., so long as the entire Christmas
             2267      holiday is equally divided;
             2268          (h) Father's Day shall be spent with the natural or adoptive father every year beginning at
             2269      9 a.m. until 7 p.m. on the holiday;
             2270          (i) Mother's Day shall be spent with the natural or adoptive mother every year beginning
             2271      at 9 a.m. until 7 p.m. on the holiday;
             2272          (j) extended visitation with the noncustodial parent may be:
             2273          (i) up to four weeks consecutive at the option of the noncustodial parent;
             2274          (ii) two weeks shall be uninterrupted time for the noncustodial parent; and
             2275          (iii) the remaining two weeks shall be subject to visitation for the custodial parent
             2276      consistent with these guidelines;
             2277          (k) the custodial parent shall have an identical two-week period of uninterrupted time
             2278      during the children's summer vacation from school for purposes of vacation;
             2279          (l) if the child is enrolled in year-round school, the noncustodial parent's extended
             2280      visitation shall be 1/2 of the vacation time for year-round school breaks, provided the custodial
             2281      parent has holiday and phone visits;
             2282          (m) notification of extended visitation or vacation weeks with the child shall be provided
             2283      at least 30 days in advance to the other parent; and
             2284          (n) telephone contact shall be at reasonable hours and for reasonable duration.
             2285          (3) Any elections required to be made in accordance with this section by either parent
             2286      concerning visitation shall be made a part of the decree and made a part of the visitation order.
             2287          Section 51. Section 30-6-1 is amended to read:
             2288           30-6-1. Definitions.
             2289          As used in this chapter:
             2290          (1) "Abuse" means attempting to cause, or intentionally or knowingly causing to an adult


             2291      or minor physical harm or intentionally placing another in fear of imminent physical harm.
             2292          (2) "Cohabitant" means an emancipated person pursuant to Section 15-2-1 or a person who
             2293      is 16 years of age or older who:
             2294          (a) is or was a spouse of the other party;
             2295          (b) is or was living as if a spouse of the other party;
             2296          (c) is related by blood or marriage to the other party;
             2297          (d) has one or more children in common with the other party;
             2298          (e) is the biological parent of the other party's unborn child; or
             2299          (f) resides or has resided in the same residence as the other party.
             2300          (3) Notwithstanding Subsection (2), "cohabitant" does not include:
             2301          (a) the relationship of natural parent, adoptive parent, or step-parent to a minor; or
             2302          (b) the relationship between natural, adoptive, step, or foster siblings who are under 18
             2303      years of age.
             2304          (4) "Court clerk" means a district court clerk or juvenile court clerk.
             2305          (5) "Department" means the Department of Human Services.
             2306          (6) "Domestic violence" means the same as that term is defined in Section 77-36-1 .
             2307          (7) "Ex parte protective order" means an order issued without notice to the defendant in
             2308      accordance with this chapter.
             2309          (8) "Foreign protective order" means a protective order issued by another state, territory,
             2310      or possession of the United States, tribal lands of the United States, the Commonwealth of Puerto
             2311      Rico, or the District of Columbia which shall be given full faith and credit in Utah, if the protective
             2312      order is similar to a protective order issued in compliance with Title 30, Chapter 6, Cohabitant
             2313      Abuse Act, or Title 77, Chapter 36, Cohabitant Abuse Procedures Act, and includes the following
             2314      requirements:
             2315          (a) the requirements of due process were met by the issuing court, including subject matter
             2316      and personal jurisdiction;
             2317          (b) the respondent received reasonable notice; and
             2318          (c) the respondent had an opportunity for a hearing regarding the protective order.
             2319          (9) "Law enforcement unit" or "law enforcement agency" means any public agency having
             2320      general police power and charged with making arrests in connection with enforcement of the
             2321      criminal statutes and ordinances of this state or any political subdivision.


             2322          (10) "Peace officer" means those persons specified in Title 53, Chapter 13, Peace Officer
             2323      Classifications.
             2324          (11) "Protective order" means a restraining order issued pursuant to this chapter
             2325      subsequent to a hearing on the petition, of which the petitioner has given notice in accordance with
             2326      this chapter.
             2327          Section 52. Section 31A-22-625 is amended to read:
             2328           31A-22-625. Catastrophic coverage of mental health conditions.
             2329          (1) As used in this section:
             2330          (a) (i) "Catastrophic mental heath coverage" means coverage in a health insurance policy
             2331      or health maintenance organization contract that does not impose any lifetime limit, annual
             2332      payment limit, episodic limit, inpatient or outpatient service limit, or maximum out-of-pocket limit
             2333      that places a greater financial burden on an insured for the evaluation and treatment of a mental
             2334      health condition than for the evaluation and treatment of a physical health condition.
             2335          (ii) "Catastrophic mental health coverage" may include a restriction on cost sharing factors,
             2336      such as deductibles, copayments, or coinsurance, prior to reaching any maximum out-of-pocket
             2337      limit.
             2338          (iii) "Catastrophic mental health coverage" may include one maximum out-of-pocket limit
             2339      for physical health conditions and another maximum out-of-pocket limit for mental health
             2340      conditions, provided that, if separate out-of-pocket limits are established, the out-of-pocket limit
             2341      for mental health conditions may not exceed the out-of-pocket limit for physical health conditions.
             2342          (b) (i) "50/50 mental health coverage" means coverage in a health insurance policy or
             2343      health maintenance organization contract that pays for at least 50% of covered services for the
             2344      diagnosis and treatment of mental health conditions.
             2345          (ii) "50/50 mental health coverage" may include a restriction on episodic limits, inpatient
             2346      or outpatient service limits, or maximum out-of-pocket limits.
             2347          (c) "Large employer" means an employer that does not come within the definition of
             2348      "small employer."
             2349          (d) (i) "Mental health condition" means any condition or disorder involving mental illness
             2350      that falls under any of the diagnostic categories listed in the Diagnostic and Statistical Manual, as
             2351      periodically revised.
             2352          (ii) "Mental health condition" does not include the following when diagnosed as the


             2353      primary or substantial reason or need for treatment:
             2354          (A) marital or family problem;
             2355          (B) social, occupational, religious, or other social maladjustment;
             2356          (C) conduct disorder;
             2357          (D) chronic adjustment disorder;
             2358          (E) psychosexual disorder;
             2359          (F) chronic organic brain syndrome;
             2360          (G) personality disorder;
             2361          (H) specific developmental disorder or learning disability; or
             2362          (I) mental retardation.
             2363          (e) "Small employer" is as defined in Section 31A-30-103 .
             2364          (2) (a) At the time of purchase and renewal, an insurer shall offer to each small employer
             2365      that it insures or seeks to insure a choice between catastrophic mental health coverage and 50/50
             2366      mental health coverage.
             2367          (b) In addition to Subsection (2)(a), an insurer may offer to provide:
             2368          (i) catastrophic mental health coverage, 50/50 mental health coverage, or both at levels that
             2369      exceed the minimum requirements of this section; or
             2370          (ii) coverage that excludes benefits for mental health conditions.
             2371          (c) A small employer may, at its option, choose either catastrophic mental health coverage,
             2372      50/50 mental health coverage, or coverage offered under Subsection (2)(b), regardless of the
             2373      employer's previous coverage for mental health conditions.
             2374          (d) An insurer is exempt from the 30% index rating restriction in Subsection
             2375      31A-30-106 (1)(b) and, for the first year only that catastrophic mental health coverage is chosen,
             2376      the 15% annual adjustment restriction in Subsection 31A-30-106 (1)(c)(ii), for any small employer
             2377      with 20 or less enrolled employees who chooses coverage that meets or exceeds catastrophic
             2378      mental health coverage.
             2379          (3) (a) At the time of purchase and renewal, an insurer shall offer catastrophic mental
             2380      health coverage to each large employer that it insures or seeks to insure.
             2381          (b) In addition to Subsection (3)(a), an insurer may offer to provide catastrophic mental
             2382      health coverage at levels that exceed the minimum requirements of this section.
             2383          (c) A large employer may, at its option, choose either catastrophic mental health coverage,


             2384      coverage that excludes benefits for mental health conditions, or coverage offered under Subsection
             2385      (3)(b).
             2386          (4) (a) An insurer may provide catastrophic mental health coverage through a managed
             2387      care organization or system in a manner consistent with the provisions in Chapter 8, Health
             2388      Maintenance Organizations and Limited Health Plans, regardless of whether the policy or contract
             2389      uses a managed care organization or system for the treatment of physical health conditions.
             2390          (b) (i) Notwithstanding any other provision of this title, an insurer may:
             2391          (A) establish a closed panel of providers for catastrophic mental health coverage; and
             2392          (B) refuse to provide any benefit to be paid for services rendered by a nonpanel provider
             2393      unless:
             2394          (I) the insured is referred to a nonpanel provider with the prior authorization of the insurer;
             2395      and
             2396          (II) the nonpanel provider agrees to follow the insurer's protocols and treatment guidelines.
             2397          (ii) If an insured receives services from a nonpanel provider in the manner permitted by
             2398      Subsection (4)(b)(i)(B), the insurer shall reimburse the insured for not less than 75% of the average
             2399      amount paid by the insurer for comparable services of panel providers under a noncapitated
             2400      arrangement who are members of the same class of health care providers.
             2401          (iii) Nothing in this Subsection (4)(b) may be construed as requiring an insurer to authorize
             2402      a referral to a nonpanel provider.
             2403          (c) To be eligible for catastrophic mental health coverage, a diagnosis or treatment of a
             2404      mental health condition must be rendered:
             2405          (i) by a mental health therapist as defined in Section 58-60-102 ; or
             2406          (ii) in a health care facility licensed or otherwise authorized to provide mental health
             2407      services pursuant to Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act, or
             2408      Title 62A, Chapter 2, Licensure of Programs and Facilities, that provides a program for the
             2409      treatment of a mental health condition pursuant to a written plan.
             2410          (5) The commissioner may disapprove any policy or contract that provides mental heath
             2411      coverage in a manner that is inconsistent with the provisions of this section.
             2412          (6) The commissioner shall:
             2413          (a) adopt rules as necessary to ensure compliance with this section; and
             2414          (b) provide general figures on the percentage of contracts and policies that include no


             2415      mental health coverage, 50/50 mental health coverage, catastrophic mental health coverage, and
             2416      coverage that exceeds the minimum requirements of this section.
             2417          (7) The Health and Human Services Interim Committee shall review:
             2418          (a) the impact of this section on insurers, employers, providers, and consumers of mental
             2419      health services before January 1, 2004; and
             2420          (b) make a recommendation as to whether the provisions of this section should be
             2421      modified and whether the cost-sharing requirements for mental health conditions should be the
             2422      same as for physical health conditions.
             2423          (8) (a) An insurer shall offer catastrophic mental health coverage as part of a health
             2424      maintenance organization contract that is governed by Chapter 8, Health Maintenance
             2425      Organizations and Limited Health Plans, that is in effect on or after January 1, 2001.
             2426          (b) An insurer shall offer catastrophic mental health coverage as a part of a health
             2427      insurance policy that is not governed by Chapter 8, Health Maintenance Organizations and Limited
             2428      Health Plans, that is in effect on or after July 1, 2001.
             2429          (c) This section does not apply to the purchase or renewal of an individual insurance policy
             2430      or contract.
             2431          (d) Notwithstanding Subsection (8)(c), nothing in this section may be construed as
             2432      discouraging or otherwise preventing insurers from continuing to provide mental health coverage
             2433      in connection with an individual policy or contract.
             2434          (9) This section shall be repealed in accordance with Section 63-55-231 .
             2435          Section 53. Section 31A-23-102 is amended to read:
             2436           31A-23-102. Definitions.
             2437          As used in this chapter:
             2438          (1) Except as provided in Subsection (2):
             2439          (a) "Escrow" is a license category that allows a person to conduct escrows, settlements,
             2440      or closings on behalf of a title insurance agency or a title insurer.
             2441          (b) "Limited license" means a license that is issued for a specific product of insurance and
             2442      limits an individual or agency to transact only for those products.
             2443          (c) "Search" is a license category that allows a person to issue title insurance commitments
             2444      or policies on behalf of a title insurer.
             2445          (d) "Title marketing representative" means a person who:


             2446          (i) represents a title insurer in soliciting, requesting, or negotiating the placing of:
             2447          (A) title insurance; or
             2448          (B) escrow, settlement, or closing services; and
             2449          (ii) does not have a search or escrow license.
             2450          (2) The following persons are not acting as agents, brokers, title marketing representatives,
             2451      or consultants when acting in the following capacities:
             2452          (a) any regular salaried officer, employee, or other representative of an insurer or licensee
             2453      under this chapter who devotes substantially all of the officer's, employee's, or representative's
             2454      working time to activities other than those described in Subsection (1) and Subsections
             2455      31A-1-301 (51), (52), and (54) including the clerical employees of persons required to be licensed
             2456      under this chapter;
             2457          (b) a regular salaried officer or employee of a person seeking to purchase insurance, who
             2458      receives no compensation that is directly dependent upon the amount of insurance coverage
             2459      purchased;
             2460          (c) a person who gives incidental advice in the normal course of a business or professional
             2461      activity, other than insurance consulting, if neither that person nor that person's employer receives
             2462      direct or indirect compensation on account of any insurance transaction that results from that
             2463      advice;
             2464          (d) a person who, without special compensation, performs incidental services for another
             2465      at the other's request, without providing advice or technical or professional services of a kind
             2466      normally provided by an agent, broker, or consultant;
             2467          (e) a holder of a group insurance policy, or any other person involved in mass marketing,
             2468      but only:
             2469          (i) with respect to administrative activities in connection with that type of policy, including
             2470      the collection of premiums; and
             2471          (ii) if the person receives no compensation for the activities described in Subsection
             2472      (2)(e)(i) beyond reasonable expenses including a fair payment for the use of capital; and
             2473          (f) a person who gives advice or assistance without direct or indirect compensation or any
             2474      expectation of direct or indirect compensation.
             2475          (3) "Actuary" means a person who is a member in good standing of the American
             2476      Academy of Actuaries.


             2477          (4) "Agency" means a person other than an individual, and includes a sole proprietorship
             2478      by which a natural person does business under an assumed name.
             2479          [(6)] (5) "Bail bond agent" means any individual:
             2480          (a) appointed by an authorized bail bond surety insurer or appointed by a licensed bail
             2481      bond surety company to execute or countersign undertakings of bail in connection with judicial
             2482      proceedings; and
             2483          (b) who receives or is promised money or other things of value for this service.
             2484          [(5)] (6) "Broker" means an insurance broker or any other person, firm, association, or
             2485      corporation that for any compensation, commission, or other thing of value acts or aids in any
             2486      manner in soliciting, negotiating, or procuring the making of any insurance contract on behalf of
             2487      an insured other than itself.
             2488          (7) "Captive insurer" means:
             2489          (a) an insurance company owned by another organization whose exclusive purpose is to
             2490      insure risks of the parent organization and affiliated companies; or
             2491          (b) in the case of groups and associations, an insurance organization owned by the insureds
             2492      whose exclusive purpose is to insure risks of member organizations, group members, and their
             2493      affiliates.
             2494          (8) "Controlled insurer" means a licensed insurer that is either directly or indirectly
             2495      controlled by a broker.
             2496          (9) "Controlling broker" means a broker who either directly or indirectly controls an
             2497      insurer.
             2498          (10) "Controlling person" means any person, firm, association, or corporation that directly
             2499      or indirectly has the power to direct or cause to be directed, the management, control, or activities
             2500      of a reinsurance intermediary.
             2501          (11) "Insurer" is as defined in Section 31A-1-301 , except the following persons or similar
             2502      persons are not insurers for purposes of Part 6, Broker Controlled Insurers:
             2503          (a) all risk retention groups as defined in:
             2504          (i) the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499;
             2505          (ii) the Risk Retention Act, 15 U.S.C. Sec. 3901 et seq.; and
             2506          (iii) Title 31A, Chapter 15, Part II, Risk Retention Groups Act;
             2507          (b) all residual market pools and joint underwriting authorities or associations; and


             2508          (c) all captive insurers.
             2509          (12) (a) "Managing general agent" means any person, firm, association, or corporation that:
             2510          (i) manages all or part of the insurance business of an insurer, including the management
             2511      of a separate division, department, or underwriting office;
             2512          (ii) acts as an agent for the insurer whether it is known as a managing general agent,
             2513      manager, or other similar term;
             2514          (iii) with or without the authority, either separately or together with affiliates, directly or
             2515      indirectly produces and underwrites an amount of gross direct written premium equal to, or more
             2516      than 5% of, the policyholder surplus as reported in the last annual statement of the insurer in any
             2517      one quarter or year; and
             2518          (iv) either adjusts or pays claims in excess of an amount determined by the commissioner,
             2519      or that negotiates reinsurance on behalf of the insurer.
             2520          (b) Notwithstanding Subsection (12)(a), the following persons may not be considered as
             2521      managing general agent for the purposes of this chapter:
             2522          (i) an employee of the insurer;
             2523          (ii) a U.S. manager of the United States branch of an alien insurer;
             2524          (iii) an underwriting manager that, pursuant to contract:
             2525          (A) manages all the insurance operations of the insurer;
             2526          (B) is under common control with the insurer;
             2527          (C) is subject to Title 31A, Chapter 16, Insurance Holding Companies; and
             2528          (D) is not compensated based on the volume of premiums written; and
             2529          (iv) the attorney-in-fact authorized by and acting for the subscribers of a reciprocal insurer
             2530      or inter-insurance exchange under powers of attorney.
             2531          (13) "Producer" is a person who arranges for insurance coverages between insureds and
             2532      insurers.
             2533          (14) "Qualified U.S. financial institution" means an institution that:
             2534          (a) is organized or, in the case of a U.S. office of a foreign banking organization licensed,
             2535      under the laws of the United States or any state;
             2536          (b) is regulated, supervised, and examined by U.S. federal or state authorities having
             2537      regulatory authority over banks and trust companies; and
             2538          (c) has been determined by either the commissioner, or the Securities Valuation Office of


             2539      the National Association of Insurance Commissioners, to meet the standards of financial condition
             2540      and standing that are considered necessary and appropriate to regulate the quality of financial
             2541      institutions whose letters of credit will be acceptable to the commissioner.
             2542          (15) "Reinsurance intermediary" means a reinsurance intermediary-broker or a reinsurance
             2543      intermediary-manager as these terms are defined in Subsections (16) and (17).
             2544          (16) "Reinsurance intermediary-broker" means a person other than an officer or employee
             2545      of the ceding insurer, firm, association, or corporation who solicits, negotiates, or places
             2546      reinsurance cessions or retrocessions on behalf of a ceding insurer without the authority or power
             2547      to bind reinsurance on behalf of the insurer.
             2548          (17) (a) "Reinsurance intermediary-manager" means a person, firm, association, or
             2549      corporation who:
             2550          (i) has authority to bind or who manages all or part of the assumed reinsurance business
             2551      of a reinsurer, including the management of a separate division, department, or underwriting
             2552      office; and
             2553          (ii) acts as an agent for the reinsurer whether the person, firm, association, or corporation
             2554      is known as a reinsurance intermediary-manager, manager, or other similar term.
             2555          (b) Notwithstanding Subsection (17)(a), the following persons may not be considered
             2556      reinsurance intermediary-managers for the purpose of this chapter with respect to the reinsurer:
             2557          (i) an employee of the reinsurer;
             2558          (ii) a U.S. manager of the United States branch of an alien reinsurer;
             2559          (iii) an underwriting manager that, pursuant to contract:
             2560          (A) manages all the reinsurance operations of the reinsurer;
             2561          (B) is under common control with the reinsurer;
             2562          (C) is subject to Title 31A, Chapter 16, Insurance Holding Companies; and
             2563          (D) is not compensated based on the volume of premiums written; and
             2564          (iv) the manager of a group, association, pool, or organization of insurers that:
             2565          (A) engage in joint underwriting or joint reinsurance; and
             2566          (B) are subject to examination by the insurance commissioner of the state in which the
             2567      manager's principal business office is located.
             2568          (18) "Reinsurer" means any person, firm, association, or corporation duly licensed in this
             2569      state as an insurer with the authority to assume reinsurance.


             2570          (19) "Surplus lines broker" means a person licensed under Subsection 31A-23-204 (5) to
             2571      place insurance with unauthorized insurers in accordance with Section 31A-15-103 .
             2572          (20) "Underwrite" means the authority to accept or reject risk on behalf of the insurer.
             2573          Section 54. Section 31A-29-103 is amended to read:
             2574           31A-29-103. Definitions.
             2575          As used in this chapter:
             2576          (1) "Board" means the board of directors of the pool created in Section 31A-29-104 .
             2577          (2) "Health care facility" means any entity providing health care services which is licensed
             2578      under Title 26, Chapter 21.
             2579          (3) "Health care provider" has the same meaning as provided in Section 78-14-3 .
             2580          (4) "Health care services" means any service or product used in furnishing to any
             2581      individual medical care or hospitalization, or incidental to furnishing medical care or
             2582      hospitalization, and any other service or product furnished for the purpose of preventing,
             2583      alleviating, curing, or healing human illness or injury.
             2584          (5) (a) "Health insurance" means any:
             2585          (i) hospital and medical expense-incurred policy;
             2586          (ii) nonprofit health care service plan contract; and
             2587          (iii) health maintenance organization subscriber contract.
             2588          (b) "Health insurance" does not include any insurance arising out of the Workers'
             2589      Compensation Act or similar law, automobile medical payment insurance, or insurance under
             2590      which benefits are payable with or without regard to fault and which is required by law to be
             2591      contained in any liability insurance policy[;].
             2592          (6) "Health maintenance organization" has the same meaning as provided in Section
             2593      31A-8-101 .
             2594          (7) "Health plan" means any arrangement by which a person, including a dependent or
             2595      spouse, covered or making application to be covered under the pool has access to hospital and
             2596      medical benefits or reimbursement including group or individual insurance or subscriber contract;
             2597      coverage through a health maintenance organization, preferred provider prepayment, group
             2598      practice, or individual practice plan; coverage under an uninsured arrangement of group or
             2599      group-type contracts including employer self-insured, cost-plus, or other benefits methodologies
             2600      not involving insurance; coverage under a group type contract which is not available to the general


             2601      public and can be obtained only because of connection with a particular organization or group; and
             2602      coverage by medicare or other governmental benefit. The term includes coverage through health
             2603      insurance.
             2604          (8) "Insured" means an individual resident of this state who is eligible to receive benefits
             2605      from any insurer, health maintenance organization, or other health plan.
             2606          (9) "Insurer" means an insurance company authorized to transact disability insurance
             2607      business in this state, health maintenance organization, and a self-insurer not subject to federal
             2608      preemption.
             2609          (10) "Medicaid" means coverage under Title XIX of the Social Security Act, 42 U.S.C.
             2610      Sec. 1396 et seq., as amended.
             2611          (11) "Medicare" means coverage under both Part A and B of Title XVIII of the Social
             2612      Security Act, 42 U.S.C. 1395 et seq., as amended.
             2613          (12) "Plan of operation" means the plan developed by the board in accordance with Section
             2614      31A-29-105 and includes the articles, bylaws, and operating rules adopted by the board under
             2615      Section 31A-29-106 .
             2616          (13) "Pool" means the Utah Comprehensive Health Insurance Pool created in Section
             2617      31A-29-104 .
             2618          (14) "Pool Fund" means the Comprehensive Health Insurance Pool Enterprise Fund
             2619      created in Section 31A-29-120 .
             2620          (15) "Pool policy" means an insurance policy issued under this chapter.
             2621          (16) "Third-party administrator" has the same meaning as provided in Section 31A-1-301 .
             2622          Section 55. Section 31A-35-608 is amended to read:
             2623           31A-35-608. Premiums and authorized charges.
             2624          (1) A bail bond surety or bail bond agent may not, in any bail transaction or in connection
             2625      with that transaction, directly or indirectly, charge or collect money or other valuable consideration
             2626      from any person except to:
             2627          (a) pay the premium on the bail at the rates established by the bail bond surety;
             2628          (b) provide collateral;
             2629          (c) reimburse himself for actual expenses, as described in Subsection (2), incurred in
             2630      connection with the bail bond transaction; or
             2631          (d) to reimburse himself, or to establish a right of action against the principal or any


             2632      indemnitor, for actual expenses the bail bond surety or bail bond agent incurred:
             2633          (i) in good faith; and
             2634          (ii) which were by reason of breach by the defendant of any of the terms of the written
             2635      agreement under which the undertaking of bail or bail bond was written.
             2636          (2) (a) A bail bond surety may bring an action in a court of law to enforce its equitable
             2637      rights against the principal and the principal's indemnitors in exoneration if:
             2638          (i) a bail bond agent did not establish a written agreement; or
             2639          (ii) there is only an incomplete writing.
             2640          (b) Reimbursement claimed under this Subsection (2) may not exceed the sum of:
             2641          (i) the principal sum of the bail bond or undertaking; and
             2642          (ii) any reasonable expenses that:
             2643          (A) are verified by receipt;
             2644          (B) in total do not amount to more than the principal sum of the bail bond or undertaking;
             2645      and
             2646          (C) are incurred in good faith by the bail bond surety, its agents, and employees by reason
             2647      of the principal's breach.
             2648          (3) This section does not affect or impede the right of a bail bond agent to execute
             2649      undertaking of bail on behalf of a nonresident agent of the bail bond surety the bail bond agent
             2650      represents.
             2651          Section 56. Section 34A-1-309 is amended to read:
             2652           34A-1-309. Attorneys' fees.
             2653          (1) In all cases coming before the commission in which attorneys have been employed, the
             2654      commission is vested with full power to regulate and fix the fees of the attorneys.
             2655          (2) In accordance with Title 63, Chapter 46b, Administrative Procedures Act, an attorney
             2656      may file an application for hearing with the Division of Adjudication to appeal a decision or final
             2657      order to the extent it concerns the award of attorney fees.
             2658          (3) (a) The commission may award reasonable attorneys' fees on a contingency basis when
             2659      disability or death benefits or interest on disability or death benefits are generated.
             2660          (b) Attorney fees awarded under Subsection [(2)] (3)(a) shall be paid by the employer or
             2661      its insurance carrier out of the award of disability or death benefits, or interest on disability or
             2662      death benefits.


             2663          (4) (a) If the commission orders that only medical benefits be paid, the commission may
             2664      award reasonable attorneys' fee on a contingency basis for medical benefits ordered paid if:
             2665          (i) the commission's informal dispute resolution mechanisms were fully used by the parties
             2666      prior to adjudication; and
             2667          (ii) at no time were disability or death benefits or interest on disability or death benefits at
             2668      issue in the adjudication of the medical benefit claim.
             2669          (b) Attorneys' fees awarded under Subsection (3)(a) shall be paid by the employer or its
             2670      insurance carrier in addition to the payment of medical benefits ordered.
             2671          Section 57. Section 34A-2-105 is amended to read:
             2672           34A-2-105. Exclusive remedy against employer, and officer, agent, or employee of
             2673      employer _ Employee leasing arrangements.
             2674          (1) The right to recover compensation pursuant to this chapter for injuries sustained by an
             2675      employee, whether resulting in death or not, shall be the exclusive remedy against the employer
             2676      and shall be the exclusive remedy against any officer, agent, or employee of the employer and the
             2677      liabilities of the employer imposed by this chapter shall be in place of any and all other civil
             2678      liability whatsoever, at common law or otherwise, to the employee or to the employee's spouse,
             2679      widow, children, parents, dependents, next of kin, heirs, personal representatives, guardian, or any
             2680      other person whomsoever, on account of any accident or injury or death, in any way contracted,
             2681      sustained, aggravated, or incurred by the employee in the course of or because of or arising out of
             2682      the employee's employment, and no action at law may be maintained against an employer or
             2683      against any officer, agent, or employee of the employer based upon any accident, injury, or death
             2684      of an employee. Nothing in this section, however, shall prevent an employee, or the employee's
             2685      dependents, from filing a claim for compensation in those cases in accordance with Chapter 3,
             2686      Utah Occupational Disease Act.
             2687          (2) The exclusive remedy provisions of this section apply to both the client company and
             2688      the employee leasing company in an employee leasing arrangement under Title 58, Chapter 59,
             2689      Professional Employer Organization Licensing Act.
             2690          (3) (a) For purposes of this section:
             2691          (i) "Temporary employee" means an individual who for temporary work assignment is:
             2692          (A) an employee of a temporary staffing company; or
             2693          (B) registered by or otherwise associated with a temporary staffing company.


             2694          (ii) "Temporary staffing company" means a company that engages in the assignment of
             2695      individuals as temporary full-time or part-time employees to fill assignments with a finite ending
             2696      date to another independent entity.
             2697          (b) If the temporary staffing company secures the payment of workers' compensation in
             2698      accordance with Section [ 35A-3-201 ] 34A-2-201 for all temporary employees of the temporary
             2699      staffing company, the exclusive remedy provisions of this section apply to both the temporary
             2700      staffing company and the client company and its employees and provide the temporary staffing
             2701      company the same protection that a client company and its employees has under this section for
             2702      the acts of any of the temporary staffing company's temporary employees on assignment at the
             2703      client company worksite.
             2704          Section 58. Section 35A-3-102 is amended to read:
             2705           35A-3-102. Definitions.
             2706          As used in this chapter:
             2707          (1) "Applicant" means a person who requests assistance under this chapter.
             2708          (2) "Average monthly number of families" means the average number of families who
             2709      received cash assistance on a monthly basis during the previous federal fiscal year, starting from
             2710      October 1, 1998 to September 30, 1999, and continuing each year thereafter.
             2711          (3) "Cash assistance" means a monthly dollar amount of cash a client is eligible to receive
             2712      under Section 35A-3-302 .
             2713          (4) "Child care services" means care of a child for a portion of the day that is less than 24
             2714      hours in a qualified setting, as defined by rule, by a responsible person who is not the child's parent
             2715      or legal guardian.
             2716          (5) "Date of enrollment" means the date on which the applicant was approved as eligible
             2717      for cash assistance.
             2718          (6) "Director" means the director of the division.
             2719          (7) "Diversion" means a single payment of cash assistance under Section 35A-3-303 to a
             2720      client who is eligible for but does not require extended cash assistance under Part 3, Family
             2721      Employment Program.
             2722          (8) "Division" means the Division of Employment Development.
             2723          (9) "Education or training" means:
             2724          (a) basic remedial education;


             2725          (b) adult education;
             2726          (c) high school education;
             2727          (d) education to obtain the equivalent of a high school diploma;
             2728          (e) education to learn English as a second language;
             2729          (f) applied technology training;
             2730          (g) employment skills training; or
             2731          (h) on-the-job training.
             2732          (10) "Full-time education or training" means training on a full-time basis as defined by the
             2733      educational institution attended by the parent client.
             2734          (11) "General assistance" means financial assistance provided to a person who is not
             2735      otherwise eligible for cash assistance under Part 3, Family Employment Program, because that
             2736      person does not live in a family with a related dependent child.
             2737          (12) "Parent client" means a person who enters into an employment plan with the division
             2738      to qualify for cash assistance under Part 3, Family Employment Program.
             2739          [(14)] (13) (a) "Passenger vehicle" means a self-propelled, two-axle vehicle intended
             2740      primarily for operation on highways and used by an applicant or client to meet basic transportation
             2741      needs and has a fair market value below 40% of the applicable amount of the federal luxury
             2742      passenger automobile tax established in 26 U.S.C. Sec. 4001 and adjusted annually for inflation.
             2743          (b) "Passenger vehicle" does not include:
             2744          (i) a commercial vehicle, as defined in Section 41-1a-102 ;
             2745          (ii) an off-highway vehicle, as defined in Section 41-1a-102 ; or
             2746          (iii) a motor home, as defined in Section 13-14-102 .
             2747          [(13)] (14) "Plan" or "state plan" means the state plan submitted to the Secretary of the
             2748      United States Department of Health and Human Services to receive funding from the United States
             2749      through the Temporary Assistance for Needy Families Block Grant.
             2750          (15) "Single minor parent" means a person under 18 years of age who is not married and
             2751      has a minor child in his care and custody.
             2752          Section 59. Section 36-12-8 is amended to read:
             2753           36-12-8. Legislative Management Committee -- Research and General Counsel
             2754      Subcommittee -- Budget Subcommittee -- Audit Subcommittee -- Duties -- Members --
             2755      Meetings.


             2756          (1) There is created within the Legislative Management Committee three subcommittees
             2757      having equal representation from each major political party. The subcommittees, their
             2758      membership, and their functions are as follows:
             2759          (a) The Research and General Counsel Subcommittee, comprising six members, shall
             2760      recommend to the Legislative Management Committee a person or persons to hold the positions
             2761      of director of the Office of Legislative Research and General Counsel and legislative general
             2762      counsel.
             2763          (b) The Budget Subcommittee, comprising six members, shall recommend to the
             2764      Legislative Management Committee a person to hold the position of legislative fiscal analyst.
             2765          (c) The Audit Subcommittee, comprising four members, shall:
             2766          (i) recommend to the Legislative Management Committee a person to hold the position of
             2767      legislative auditor general; and
             2768          (ii) (A) review all [request] requests for audits;
             2769          (B) prioritize those requests; and
             2770          (C) hear all audit reports and refer those reports to other legislative committees for their
             2771      further review and action as appropriate.
             2772          (2) The members of each subcommittee of the Legislative Management Committee shall
             2773      be appointed from the membership of the Legislative Management Committee by an appointments
             2774      committee comprised of the speaker and the minority leader of the House of Representatives and
             2775      the president and the minority leader of the Senate.
             2776          (3) Each subcommittee of the Legislative Management Committee shall meet as often as
             2777      necessary to perform its duties. They may meet during and between legislative sessions.
             2778          Section 60. Section 41-22-2 (Effective 04/30/01) is amended to read:
             2779           41-22-2 (Effective 04/30/01). Definitions.
             2780          As used in this chapter:
             2781          (1) "Advisory council" means the Off-highway Vehicle Advisory Council appointed by
             2782      the Board of Parks and Recreation.
             2783          (2) "All-terrain type I vehicle" means any motor vehicle 50 inches or less in width, having
             2784      an unladen dry weight of 800 pounds or less, traveling on three or more low pressure tires, having
             2785      a seat designed to be straddled by the operator, and designed for or capable of travel over
             2786      unimproved terrain.


             2787          (3) "All-terrain type II vehicle" means any other motor vehicle, not defined in Subsection
             2788      (2), (9), or [(19)] (20), designed for or capable of travel over unimproved terrain. This term does
             2789      not include golf carts, any vehicle designed to carry a disabled person, any vehicle not specifically
             2790      designed for recreational use, or farm tractors as defined under Section 41-1a-102 .
             2791          (4) "Board" means the Board of Parks and Recreation.
             2792          (5) "Dealer" means a person engaged in the business of selling off-highway vehicles at
             2793      wholesale or retail.
             2794          (6) "Division" means the Division of Parks and Recreation.
             2795          (7) "Low pressure tire" means any pneumatic tire six inches or more in width designed for
             2796      use on wheels with rim diameter of 12 inches or less and utilizing an operating pressure of ten
             2797      pounds per square inch or less as recommended by the vehicle manufacturer.
             2798          (8) "Manufacturer" means a person engaged in the business of manufacturing off-highway
             2799      vehicles.
             2800          (9) "Motorcycle" means every motor vehicle having a saddle for the use of the operator
             2801      and designed to travel on not more than two tires.
             2802          (10) "Motor vehicle" means every vehicle which is self-propelled.
             2803          (11) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle, all-terrain
             2804      type II vehicle, or motorcycle.
             2805          (12) "Off-highway implement of husbandry" means every all-terrain type I vehicle,
             2806      motorcycle, or snowmobile which is used by the owner or his agent for agricultural operations.
             2807          (13) "Operate" means to control the movement of or otherwise use an off-highway vehicle.
             2808          (14) "Operator" means the person who is in actual physical control of an off-highway
             2809      vehicle.
             2810          (15) "Organized user group" means an off-highway vehicle organization incorporated as
             2811      a nonprofit corporation in the state under Title 16, Chapter 6a, Utah Revised Nonprofit
             2812      Corporation Act, for the purpose of promoting the interests of off-highway vehicle recreation.
             2813          (16) "Owner" means a person, other than a person with a security interest, having a
             2814      property interest or title to an off-highway vehicle and entitled to the use and possession of that
             2815      vehicle.
             2816          (17) "Public land" means land owned or administered by any federal or state agency or any
             2817      political subdivision of the state.


             2818          (18) "Register" means the act of assigning a registration number to an off-highway vehicle.
             2819          (19) "Roadway" is used as defined in Section 41-6-1 .
             2820          (20) "Snowmobile" means any motor vehicle designed for travel on snow or ice and
             2821      steered and supported in whole or in part by skis, belts, cleats, runners, or low pressure tires.
             2822          (21) "Street or highway" means the entire width between boundary lines of every way or
             2823      place of whatever nature, when any part of it is open to the use of the public for vehicular travel.
             2824          Section 61. Section 41-22-2 (Superseded 04/30/01) is amended to read:
             2825           41-22-2 (Superseded 04/30/01). Definitions.
             2826          As used in this chapter:
             2827          (1) "Advisory council" means the Off-highway Vehicle Advisory Council appointed by
             2828      the Board of Parks and Recreation.
             2829          (2) "All-terrain type I vehicle" means any motor vehicle 50 inches or less in width, having
             2830      an unladen dry weight of 800 pounds or less, traveling on three or more low pressure tires, having
             2831      a seat designed to be straddled by the operator, and designed for or capable of travel over
             2832      unimproved terrain.
             2833          (3) "All-terrain type II vehicle" means any other motor vehicle, not defined in Subsection
             2834      (2), (9), or [(19)] (20), designed for or capable of travel over unimproved terrain. This term does
             2835      not include golf carts, any vehicle designed to carry a disabled person, any vehicle not specifically
             2836      designed for recreational use, or farm tractors as defined under Section 41-1a-102 .
             2837          (4) "Board" means the Board of Parks and Recreation.
             2838          (5) "Dealer" means a person engaged in the business of selling off-highway vehicles at
             2839      wholesale or retail.
             2840          (6) "Division" means the Division of Parks and Recreation.
             2841          (7) "Low pressure tire" means any pneumatic tire six inches or more in width designed for
             2842      use on wheels with rim diameter of 12 inches or less and utilizing an operating pressure of ten
             2843      pounds per square inch or less as recommended by the vehicle manufacturer.
             2844          (8) "Manufacturer" means a person engaged in the business of manufacturing off-highway
             2845      vehicles.
             2846          (9) "Motorcycle" means every motor vehicle having a saddle for the use of the operator
             2847      and designed to travel on not more than two tires.
             2848          (10) "Motor vehicle" means every vehicle which is self-propelled.


             2849          (11) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle, all-terrain
             2850      type II vehicle, or motorcycle.
             2851          (12) "Off-highway implement of husbandry" means every all-terrain type I vehicle,
             2852      motorcycle, or snowmobile which is used by the owner or his agent for agricultural operations.
             2853          (13) "Operate" means to control the movement of or otherwise use an off-highway vehicle.
             2854          (14) "Operator" means the person who is in actual physical control of an off-highway
             2855      vehicle.
             2856          (15) "Organized user group" means an off-highway vehicle organization incorporated as
             2857      a nonprofit corporation in the state under Title 16, Chapter 6, Utah Nonprofit Corporation and
             2858      Co-operative Association Act, for the purpose of promoting the interests of off-highway vehicle
             2859      recreation.
             2860          (16) "Owner" means a person, other than a person with a security interest, having a
             2861      property interest or title to an off-highway vehicle and entitled to the use and possession of that
             2862      vehicle.
             2863          (17) "Public land" means land owned or administered by any federal or state agency or any
             2864      political subdivision of the state.
             2865          (18) "Register" means the act of assigning a registration number to an off-highway vehicle.
             2866          (19) "Roadway" is used as defined in Section 41-6-1 .
             2867          (20) "Snowmobile" means any motor vehicle designed for travel on snow or ice and
             2868      steered and supported in whole or in part by skis, belts, cleats, runners, or low pressure tires.
             2869          (21) "Street or highway" means the entire width between boundary lines of every way or
             2870      place of whatever nature, when any part of it is open to the use of the public for vehicular travel.
             2871          Section 62. Section 46-4-105 is amended to read:
             2872           46-4-105. Use of electronic records and electronic signatures -- Variation by
             2873      agreement.
             2874          (1) This chapter does not require a record or signature to be created, generated, sent,
             2875      communicated, received, stored, or otherwise processed or used by electronic means or in
             2876      electronic form.
             2877          (2) (a) This chapter applies only to transactions between parties each of which has agreed
             2878      to conduct transactions by electronic means.
             2879          (b) Whether or not the parties agree to conduct a transaction by electronic means is


             2880      determined from the context and surrounding circumstances, including the parties' conduct.
             2881          (3) (a) A party that agrees to conduct a transaction by electronic means may refuse to
             2882      conduct other transactions by electronic means.
             2883          (b) The right granted by [this] Subsection (3)(a) may not be waived by agreement.
             2884          (4) (a) Except as otherwise provided in this chapter, the effect of any of its provisions may
             2885      be varied by agreement.
             2886          (b) The presence in certain provisions of this chapter of the words "unless otherwise
             2887      agreed," or words of similar import, does not imply that the effect of other provisions may not be
             2888      varied by agreement.
             2889          (5) Whether an electronic record or electronic signature has legal consequences is
             2890      determined by this chapter and other applicable law.
             2891          Section 63. Section 52-4-7.8 is amended to read:
             2892           52-4-7.8. Electronic meetings -- Authorization -- Requirements.
             2893          (1) As used in this section:
             2894          (a) "Anchor location" means the physical location from which the electronic meeting
             2895      originates or from which the participants are connected.
             2896          (b) "Electronic meeting" means a public meeting convened or conducted by means of a
             2897      telephonic, telecommunications, or computer conference.
             2898          (c) "Electronic notice" means electronic mail or fax.
             2899          (d) "Monitor" means to:
             2900          (i) hear, live, by speaker, or by other equipment, all of the public statements of each
             2901      member of the public body who is participating in a meeting; or
             2902          (ii) see, by computer screen or other visual medium, all of the public statements of each
             2903      member of the public body who is participating in a meeting.
             2904          (e) "Participate" means the ability to communicate with all of the members of a public
             2905      body, either verbally or electronically, so that each member of the public body can hear or see the
             2906      communication.
             2907          (f) "Public hearing" means a meeting at which comments from the public will be accepted.
             2908          (g) "Public statement" means a statement made in the ordinary course of business of the
             2909      public body with the intent that all other members of the public body receive it.
             2910          (2) A public body may, by following the procedures and requirements of this section,


             2911      convene and conduct an electronic meeting.
             2912          (3) Each public body convening or conducting an electronic meeting shall:
             2913          (a) give public notice of the meeting pursuant to Section 52-4-6 by:
             2914          (i) posting written notice at the anchor location; and
             2915          (ii) providing written or electronic notice to:
             2916          (A) at least one newspaper of general circulation within the state; and
             2917          (B) to a local media correspondent;
             2918          (b) in addition to giving public notice required by Subsection [(1)] (3)(a), provide:
             2919          (i) notice of the electronic meeting to the members of the public body at least 24 hours
             2920      before the meeting so that they may participate in and be counted as present for all purposes,
             2921      including the determination that a quorum is present; and
             2922          (ii) a description of how the members will be connected to the electronic meeting;
             2923          (c) establish written procedures governing the electronic meeting at which one or more
             2924      members of a public body are participating by means of a telephonic or telecommunications
             2925      conference;
             2926          (d) establish one or more anchor locations for the public meeting, at least one of which is
             2927      in the building and city where the public body would normally meet if they were not holding an
             2928      electronic meeting;
             2929          (e) provide space and facilities at the anchor location so that interested persons and the
             2930      public may attend and monitor the open portions of the meeting; and
             2931          (f) if the meeting is a public hearing, provide space and facilities at the anchor location so
             2932      that interested persons and the public may attend, monitor, and participate in the open portions of
             2933      the meeting.
             2934          (4) Compliance with the provisions of this section by a public body constitutes full and
             2935      complete compliance by the public body with the corresponding provisions of Sections 52-4-3 and
             2936      52-4-6 .
             2937          Section 64. Section 53A-2-206 is amended to read:
             2938           53A-2-206. Exchange and interstate compact students -- Inclusion in attendance
             2939      count -- Annual report -- Requirements for exchange student agencies.
             2940          (1) A school district may include membership and attendance of students for the purpose
             2941      of apportionment of state monies if:


             2942          (a) the student is an exchange student sponsored by an agency approved by the State Board
             2943      of Education, and the enrollment is in compliance with rules and enrollment limits set by the state
             2944      board; or
             2945          (b) the student is enrolled under an interstate compact, established between the State Board
             2946      of Education and the state education authority of another state, under which a student from one
             2947      compact state would be permitted to enroll in a public school in the other compact state on the
             2948      same basis as a resident student of the receiving state; or
             2949          (c) the student is receiving services under the Compact on Placement of Children.
             2950          (2) The board shall make an annual report to the Legislature on the number of exchange
             2951      students and the number of interstate compact students sent to or received from public schools
             2952      outside the state.
             2953          (3) (a) The board shall require each approved exchange student agency to provide it with
             2954      a sworn affidavit of compliance prior to the beginning of each school year.
             2955          (b) The affidavit shall include the following assurances:
             2956          (i) that the agency has complied with all applicable rules of the board;
             2957          (ii) that a household study, including a background check of all adult residents, has been
             2958      made of each household where an exchange student is to reside, and that the study was of
             2959      sufficient scope to provide reasonable assurance that the exchange student will receive proper care
             2960      and supervision in a safe environment;
             2961          (iii) that host parents have received training appropriate to their positions, including
             2962      information about enhanced criminal penalties under Subsection 76-5-406 (10) for persons who
             2963      are in a position of special trust;
             2964          (iv) that a representative of the exchange student agency shall visit each student's place of
             2965      residence at least once each month during the student's stay in Utah;
             2966          (v) that the agency will cooperate with school and other public authorities to ensure that
             2967      no exchange student becomes an unreasonable burden upon the public schools or other public
             2968      agencies;
             2969          (vi) that each exchange student will be given in [their] the exchange student's native
             2970      language names and telephone numbers of agency representatives and others who could be called
             2971      at any time if a serious problem occurs; and
             2972          (vii) that alternate placements are readily available so that no student is required to remain


             2973      in a household if conditions appear to exist which unreasonably endanger the student's welfare.
             2974          (4) (a) The board shall provide each approved exchange student agency with a list of
             2975      names and telephone numbers of individuals not associated with the agency who could be called
             2976      by an exchange student in the event of a serious problem.
             2977          (b) The agency shall make a copy of the list available to each of its exchange students in
             2978      [their] the exchange student's native language.
             2979          Section 65. Section 53A-15-305 is amended to read:
             2980           53A-15-305. Resolution of disputes in special education -- Hearing request --
             2981      Timelines -- Levels -- Appeal process -- Recovery of costs.
             2982          (1) The Legislature finds that it is in the best interest of students with disabilities to
             2983      provide for a prompt and fair final resolution of disputes which may arise over educational
             2984      programs and rights and responsibilities of students with disabilities, their parents, and the public
             2985      schools.
             2986          (2) Therefore, the State Board of Education shall adopt rules meeting the requirements of
             2987      20 U.S.C. Section 1415 governing the establishment and maintenance of procedural safeguards
             2988      for students with disabilities and their parents or guardians as to the provision of free, appropriate
             2989      public education to those students.
             2990          (3) The timelines established by the board shall provide adequate time to address and
             2991      resolve disputes without unnecessarily disrupting or delaying the provision of free, appropriate
             2992      public education for students with disabilities.
             2993          (4) Prior to seeking a hearing or other formal proceedings, the parties to a dispute under
             2994      this section shall make a good faith effort to resolve the dispute informally at the school building
             2995      level.
             2996          (5) (a) If the dispute is not resolved under Subsection (4), a party may request a due
             2997      process hearing.
             2998          (b) The hearing shall be conducted under rules adopted by the board in accordance with
             2999      20 U.S.C. Section 1415.
             3000          (6) (a) A party to the hearing may appeal the decision issued under Subsection (5) to a
             3001      court of competent jurisdiction under 20 U.S.C. Section 1415[(e)](i).
             3002          (b) The party must file the judicial appeal within 30 days after issuance of the due process
             3003      hearing decision.


             3004          (7) If the parties fail to reach agreement on payment of attorney fees, then a party seeking
             3005      recovery of attorney fees under 20 U.S.C. Section 1415[(e)](i) for a special education
             3006      administrative action shall file a court action within 30 days after issuance of a decision under
             3007      Subsection (5).
             3008          Section 66. Section 53A-18-101 is amended to read:
             3009           53A-18-101. School district tax anticipation notes.
             3010          (1) A local school board may borrow money in anticipation of the collection of taxes or
             3011      other revenue of the school district so long as it complies with [the] Title 11, Chapter 14, Utah
             3012      Municipal Bond Act.
             3013          (2) The board may incur indebtedness under this section for any purpose for which district
             3014      funds may be expended, but not in excess of the estimated district revenues for the current school
             3015      year.
             3016          (3) Revenues include all revenues of the district from the state or any other source.
             3017          (4) The district may incur the indebtedness prior to imposing or collecting the taxes or
             3018      receiving the revenues. The indebtedness bears interest at the lowest obtainable rate or rates.
             3019          Section 67. Section 53A-18-102 is amended to read:
             3020           53A-18-102. Additional indebtedness -- Election.
             3021          A local school board may require the qualified electors of the district to vote on a
             3022      proposition as to whether to incur indebtedness, subject to conditions provided in [the] Title 11,
             3023      Chapter 14, Utah Municipal Bond Act, under the following circumstances:
             3024          (1) if the debts of the district are equal to school taxes and other estimated revenues for
             3025      the school year, and it is necessary to create and incur additional indebtedness in order to maintain
             3026      and support schools within the district; or
             3027          (2) the local school board determines it advisable to issue school district bonds to purchase
             3028      school sites, buildings, or furnishings or to improve existing school property.
             3029          Section 68. Section 53A-28-302 is amended to read:
             3030           53A-28-302. State financial assistance intercept mechanism -- State treasurer duties
             3031      -- Interest and penalty provisions.
             3032          (1) (a) If one or more payments on bonds are made by the state treasurer as provided in
             30