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5 D. Chris Buttars
6 David L. Gladwell
7 Parley Hellewell
Peter C. Knudson
Ed P. Mayne
Terry R. Spencer
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
11 This act affects sections of Utah Code Annotated 1953 as follows:
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
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
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
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
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
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
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
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) [
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;
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 --
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;
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
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 [
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 [
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 [
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 [
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, [
374 Municipal Government [
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
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 [
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 [
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 [
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 [
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
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 [
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
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 [
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
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 [
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.
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
569 employee, undertakes any work in a construction trade, as defined in Section 58-55-102 and
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
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
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
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 [
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 [
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[
699 of directors made on [
700 so many shares of each parcel of the stock as may be necessary will be sold at the (particular place)
701 on [
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 [
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
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
749 (b) may[
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
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) [
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 --
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) [
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) [
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 [
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, [
879 Control, Electric and Gas [
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 [
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 [
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
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 [
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 [
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 [
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 [
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 [
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.
(Name of drainage district.)
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 [
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.
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
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 [
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
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
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 [
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 [
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
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
1156 (2) If 200,000 people or [
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;
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;
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
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
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
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
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
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 [
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 [
1307 the adoption by ordinance.
1308 (3) If the owners of [
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
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 [
1334 for that purpose and the project shall be conclusively [
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
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
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
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
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 --
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 [
1442 issued in accordance with [
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 [
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, [
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 [
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
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
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
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
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
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
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 [
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 [
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 [
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 [
1859 Municipal Bond Act or [
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 [
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
1895 (c) is detained or incarcerated in a jail or prison as a penalty for committing a
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 [
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 ___________________________
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 ___________________________
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
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[
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
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 ____."
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 [
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;
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
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
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
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 [
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
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
2174 (40) "Spoiled" means impairment of the flesh of wildlife which renders it unfit for human
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
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
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
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
2236 (ii) [
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
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) [
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
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
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
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
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
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
2394 (I) the insured is referred to a nonpanel provider with the prior authorization of the insurer;
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
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
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.
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.
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
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
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
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
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
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;
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
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 [
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 [
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.
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 .
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 --
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
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 [
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 [
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
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
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
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 [
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
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
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
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
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
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 [
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
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 [
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
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
2969 (vi) that each exchange student will be given in [
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
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
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
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[
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[
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 [
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
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 [
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