H.B. 80 Enrolled

SPECIAL SERVICE DISTRICT AMENDMENTS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Eli H. Anderson
This act modifies provisions relating to Independent Special Districts to authorize special
service districts to provide emergency medical and ambulance services under certain
circumstances.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17A-2-1304, as last amended by Chapter 243, Laws of Utah 2002
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17A-2-1304 is amended to read:
17A-2-1304. Establishing special service districts -- Improvement districts within
special service districts.
(1) (a) A county or a municipality may establish a special service district for the
purpose of providing within the area of the special service district any of the following services
or any combination of them:
(i) water;
(ii) sewerage;
(iii) drainage;
(iv) flood control;
(v) garbage;
(vi) health care;
(vii) transportation;
(viii) recreation;
(ix) fire protection and, if fire protection services are provided, emergency medical or
ambulance or both;
(x) in a county of the first class, providing, operating, and maintaining jail facilities for
the confinement of municipal, state, and other detainees and prisoners;

(xi) street lighting;
(xii) consolidated 911 and emergency dispatch; and
(xiii) animal shelter and control.
(b) Snow removal services may be provided in special service districts established under
this section to more effectively carry out the purposes of those special service districts.
(c) These services may be provided through facilities or systems acquired or constructed
for that purpose through construction, purchase, lease, contract, gift, or condemnation or any
combination of the above.
(d) Special service districts may contract with a franchised, certificated public utility for
the construction and operation of an electrical service distribution system within the special
service district.
(2) (a) The area within any special service district may include all or any part of the
county or municipality that established it except that:
(i) a special service district may not include the area of any other special service district
established by the same county or municipality that is now providing the same service proposed
to be supplied by the new special service district;
(ii) a special service district established by a county may contain all or a part of any
municipality or of an existing improvement district that provides the same service proposed to be
provided by the special service district, but only with the consent of the governing authority as
provided in a resolution or ordinance adopted by the governing authority; and
(iii) a special service district may not include any area not directly benefited by the
services provided under this section without the consent of the nonbenefited landowner.
(b) All parts of a special service district need not be contiguous.
(3) (a) As provided in Section 17A-2-1315 , the governing authority of any special service
district created under this part may create one or more improvement districts within the
boundaries of the special service district by following the procedures in, and meeting the
requirements of, Chapter 3, Part 2, County Improvement District Act, or Part 3, Utah Municipal
Improvement District Act.

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(b) The intent to create an improvement district need not be present at the time a special
service district is organized.
(c) Any improvement district created within the boundaries of a special service district
may only be organized to undertake projects or improvements for which the special service
district creating that improvement district was organized.
(d) The special service district shall meet all procedural requirements for creating an
improvement district at the time the improvement district is created, as provided in Section
17A-2-1315 and in Chapter 3, Part 2, County Improvement District Act, or Part 3, Utah
Municipal Improvement District Act.
(e) In determining whether or not a project or improvement undertaken by an
improvement district is within the scope of the purposes for which the special service district
creating that improvement district was organized, any project or improvement reasonably related
to the purposes for which the special service district creating that improvement district was
organized is considered to be within the scope of those purposes.
(4) The creation of a special service district to provide jail services as provided in
Subsection (1)(a)(x) does not affect the ability of a municipality under Section 10-8-58 to
provide, operate, and maintain facilities for the temporary incarceration, not to exceed 72 hours,
of persons charged with the violation of a municipal ordinance.

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