H.B. 330 Enrolled

USE OF COUNTY GENERAL FUND EXPENSES
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: Eric K. Hutchings
This act modifies the Counties Code by amending provisions relating to municipal-type
services in unincorporated areas. The act allows counties of the first class to provide fire,
paramedic, and police protection services in specific unincorporated areas designated as
general purpose recreational areas and to fund those services from the county general fund.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17-34-1, as last amended by Chapters 107 and 258, Laws of Utah 2001
17-34-3, as last amended by Chapters 107 and 258, Laws of Utah 2001
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17-34-1 is amended to read:
17-34-1. Counties may provide municipal services -- Limitation -- Provision of
services in first class counties.
(1) For purposes of this chapter, except as otherwise provided in Subsection (3):
(a) "Greater than class C radioactive waste" has the same meaning as in Section 19-3-303 .
(b) "High-level nuclear waste" has the same meaning as in Section 19-3-303 .
(c) "Municipal-type services" means:
(i) fire protection service;
(ii) waste and garbage collection and disposal;
(iii) planning and zoning;
(iv) street lighting;
(v) in a county of the first class:
(A) advanced life support and paramedic services; and
(B) detective investigative services; and
(vi) all other services and functions that are required by law to be budgeted, appropriated,
and accounted for from a municipal services fund or a municipal capital projects fund as defined

under Chapter 36, Uniform Fiscal Procedures Act for Counties.
(d) "Placement" has the same meaning as in Section 19-3-303 .
(e) "Storage facility" has the same meaning as in Section 19-3-303 .
(f) "Transfer facility" has the same meaning as in Section 19-3-303 .
(2) A county may:
(a) provide municipal-type services to areas of the county outside the limits of cities and
towns without providing the same services to cities or towns;
(b) fund those services by:
(i) levying a tax on taxable property in the county outside the limits of cities and towns; or
(ii) charging a service charge or fee to persons benefitting from the municipal-type services.
(3) A county may not:
(a) provide, contract to provide, or agree in any manner to provide municipal-type services,
as these services are defined in Section 19-3-303 , to any area under consideration for a storage
facility or transfer facility for the placement of high-level nuclear waste, or greater than class C
radioactive waste; or
(b) seek to fund services for these facilities by:
(i) levying a tax; or
(ii) charging a service charge or fee to persons benefitting from the municipal-type services.
(4) Each county of the first class shall provide to the area of the county outside the limits of
cities and towns:
(a) advanced life support and paramedic services; and
(b) detective investigative services.
(5) (a) Each county of the first class may provide fire, paramedic, and police protection
services in any area of the county outside the limits of cities and towns that is designated as a
recreational area in accordance with the provisions of this Subsection (5).
(b) A county legislative body in a county of the first class may designate any area of the
county outside the limits of cities and towns as a recreational area if:
(i) the area has fewer than 1,500 residents and is primarily used for recreational purposes,

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including canyons, ski resorts, wilderness areas, lakes and reservoirs, campgrounds, or picnic areas;
and
(ii) the county legislative body makes a finding that the recreational area is used by residents
of the county who live both inside and outside the limits of cities and towns.
(c) Fire, paramedic, and police protection services needed to primarily serve those involved
in the recreation activities in areas designated as recreational areas by the county legislative body in
accordance with Subsection (5)(b) may be funded from the county general fund.
Section 2. Section 17-34-3 is amended to read:
17-34-3. Taxes or service charges.
(1) (a) If a county furnishes the municipal-type services and functions described in Section
17-34-1 to areas of the county outside the limits of incorporated cities or towns, the entire cost of the
services or functions so furnished shall be defrayed from funds that the county has derived from:
(i) taxes that the county may lawfully levy or impose outside the limits of incorporated towns
or cities;
(ii) service charges or fees the county may impose upon the persons benefited in any way
by the services or functions; or
(iii) a combination of these sources.
(b) As the taxes or service charges or fees are levied and collected, they shall be placed in
a special revenue fund of the county and shall be disbursed only for the rendering of the services or
functions established in Section 17-34-1 within the unincorporated areas of the county.
(2) For the purpose of levying taxes, service charges, or fees provided in this section, the
county legislative body may establish a district or districts in the unincorporated areas of the county.
(3) Nothing contained in this chapter may be construed to authorize counties to impose or
levy taxes not otherwise allowed by law.
(4) (a) A county required under Subsection 17-34-1 (4) to provide advanced life support and
paramedic services to the unincorporated area of the county and that previously paid for those
services through a countywide levy may increase its levy under Subsection (1)(a)(i) to generate in
the unincorporated area of the county the same amount of revenue as the county loses from that area

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due to the required decrease in the countywide certified tax rate under Subsection 59-2-924 (2)(k)(i).
(b) An increase in tax rate under Subsection (4)(a) is exempt from the notice and hearing
requirements of Sections 59-2-918 and 59-2-919 .
(5) Notwithstanding any other provision of this chapter, a county of the first class providing
fire, paramedic, and police protection services in a designated recreational area, as provided in
Subsection 17-34-1 (5), may fund those services from the county general fund with revenues derived
from both inside and outside the limits of cities and towns, and the funding of those services is not
limited to unincorporated area revenues.

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