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H.B. 244

             1     

MUNICIPAL GOVERNMENT AMENDMENTS

             2     
2003 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Wayne A. Harper

             5      This act modifies city classification provisions and adds new classifications. The act
             6      modifies the population size of cities to which certain meeting requirements apply. The
             7      act modifies the population size of cities subject to certain animal shelter provisions. The
             8      act modifies the population size of cities to which a maximum charge for newspaper
             9      official notices applies. The act also makes conforming and technical changes.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          9-2-404, as last amended by Chapters 275 and 334, Laws of Utah 1998
             13          10-1-104, as last amended by Chapter 209, Laws of Utah 2000
             14          10-2-112, as repealed and reenacted by Chapter 389, Laws of Utah 1997
             15          10-2-114, as repealed and reenacted by Chapter 389, Laws of Utah 1997
             16          10-2-125, as last amended by Chapter 318, Laws of Utah 2000
             17          10-2-301, as last amended by Chapter 178, Laws of Utah 2001
             18          10-2-405, as last amended by Chapter 29, Laws of Utah 2002
             19          10-3-105, as last amended by Chapter 17, Laws of Utah 1999
             20          10-3-205, as last amended by Chapter 278, Laws of Utah 1997
             21          10-3-205.5, as enacted by Chapter 278, Laws of Utah 1997
             22          10-3-208, as last amended by Chapter 272, Laws of Utah 2002
             23          10-3-402, as last amended by Chapter 147, Laws of Utah 1997
             24          10-3-502, as enacted by Chapter 48, Laws of Utah 1977
             25          10-3-504, as enacted by Chapter 48, Laws of Utah 1977
             26          10-3-507, as enacted by Chapter 48, Laws of Utah 1977
             27          10-3-609, as enacted by Chapter 48, Laws of Utah 1977


             28          10-3-808, as enacted by Chapter 48, Laws of Utah 1977
             29          10-3-809, as last amended by Chapter 147, Laws of Utah 1997
             30          10-3-810, as last amended by Chapter 59, Laws of Utah 1990
             31          10-3-811, as enacted by Chapter 48, Laws of Utah 1977
             32          10-3-812, as enacted by Chapter 48, Laws of Utah 1977
             33          10-3-916, as last amended by Chapter 207, Laws of Utah 1987
             34          10-3-917, as enacted by Chapter 48, Laws of Utah 1977
             35          10-3-918, as last amended by Chapter 219, Laws of Utah 2002
             36          10-3-919, as enacted by Chapter 48, Laws of Utah 1977
             37          10-3-920, as last amended by Chapter 186, Laws of Utah 1991
             38          10-3-1208, as enacted by Chapter 48, Laws of Utah 1977
             39          10-3-1212, as last amended by Chapter 47, Laws of Utah 1981
             40          10-6-106, as last amended by Chapter 300, Laws of Utah 1999
             41          10-6-111, as last amended by Chapter 300, Laws of Utah 1999
             42          10-6-135, as last amended by Chapter 12, Laws of Utah 2002
             43          10-6-139, as enacted by Chapter 26, Laws of Utah 1979
             44          10-6-148, as enacted by Chapter 26, Laws of Utah 1979
             45          10-6-153, as last amended by Chapter 243, Laws of Utah 1996
             46          10-6-154, as last amended by Chapter 4, Laws of Utah 1993
             47          10-6-157, as last amended by Chapter 119, Laws of Utah 1985
             48          10-7-7, as last amended by Chapter 2, Laws of Utah 1970
             49          10-8-90, Utah Code Annotated 1953
             50          10-8-91, as last amended by Chapter 3, Laws of Utah 1988
             51          10-9-307, as last amended by Chapter 159, Laws of Utah 2002
             52          10-11-1, Utah Code Annotated 1953
             53          10-17-102, as last amended by Chapter 318, Laws of Utah 2000
             54          11-14-3, as last amended by Chapter 270, Laws of Utah 2000
             55          17-42-102, as last amended by Chapter 318, Laws of Utah 2000
             56          17A-2-1302, as last amended by Chapter 1, Laws of Utah 2000
             57          17A-2-1308, as renumbered and amended by Chapter 186, Laws of Utah 1990
             58          17A-3-306, as last amended by Chapter 84, Laws of Utah 1997


             59          17A-3-317, as last amended by Chapter 5, Laws of Utah 1991
             60          17A-3-407, as last amended by Chapter 84, Laws of Utah 1997
             61          20A-5-301, as last amended by Chapter 228, Laws of Utah 1993
             62          20A-7-601, as last amended by Chapter 45, Laws of Utah 1999
             63          20A-9-404, as last amended by Chapter 328, Laws of Utah 2000
             64          32A-2-101, as last amended by Chapter 132, Laws of Utah 1991
             65          32A-3-101, as last amended by Chapter 354, Laws of Utah 2001
             66          32A-4-101, as last amended by Chapter 87, Laws of Utah 2002
             67          32A-5-101, as last amended by Chapter 132, Laws of Utah 1991
             68          32A-10-201, as last amended by Chapter 87, Laws of Utah 2002
             69          45-1-2, as last amended by Chapter 43, Laws of Utah 1983
             70          53-6-106, as last amended by Chapter 243, Laws of Utah 1996
             71          57-11-4, as last amended by Chapter 165, Laws of Utah 1991
             72          67-3-8, as last amended by Chapter 300, Laws of Utah 1999
             73          72-3-104, as last amended by Chapter 324, Laws of Utah 2000
             74          72-8-102, as renumbered and amended by Chapter 270, Laws of Utah 1998
             75      Be it enacted by the Legislature of the state of Utah:
             76          Section 1. Section 9-2-404 is amended to read:
             77           9-2-404. Criteria for designation of enterprise zones -- Application.
             78          (1) A county applicant seeking designation as an enterprise zone shall file an
             79      application with the department that, in addition to complying with other requirements of this
             80      part:
             81          (a) verifies that the entire county is not located in a metropolitan statistical area that is
             82      entirely located within Utah;
             83          (b) verifies that the county has a population of 50,000 or less; and
             84          (c) provides clear evidence of the need for development in the county.
             85          (2) A municipal applicant seeking designation as an enterprise zone shall file an
             86      application with the department that, in addition to complying with other requirements of this
             87      part:
             88          (a) verifies that the municipality [has a population of 10,000 persons or less] is a city of
             89      the fifth class or a town;


             90          (b) verifies that the municipality is within a county that has a population of 50,000 or
             91      less; and
             92          (c) provides clear evidence of the need for development in the municipality.
             93          (3) An application filed under Subsection (1) or (2) shall be in a form and in accordance
             94      with procedures approved by the department, and shall include the following information:
             95          (a) a plan developed by the county applicant or municipal applicant that identifies local
             96      contributions meeting the requirements of Section 9-2-405 ;
             97          (b) the county applicant or municipal applicant has a development plan that outlines:
             98          (i) the types of investment and development within the zone that the county applicant
             99      or municipal applicant expects to take place if the incentives specified in this part are provided;
             100          (ii) the specific investment or development reasonably expected to take place;
             101          (iii) any commitments obtained from businesses;
             102          (iv) the projected number of jobs that will be created and the anticipated wage level of
             103      those jobs;
             104          (v) any proposed emphasis on the type of jobs created, including any affirmative action
             105      plans; and
             106          (vi) a copy of the county applicant's or municipal applicant's economic development
             107      plan to demonstrate coordination between the zone and overall county or municipal goals;
             108          (c) the county applicant's or municipal applicant's proposed means of assessing the
             109      effectiveness of the development plan or other programs to be implemented within the zone
             110      once they have been implemented;
             111          (d) any additional information required by the department; and
             112          (e) any additional information the county applicant or municipal applicant considers
             113      relevant to its designation as an enterprise zone.
             114          Section 2. Section 10-1-104 is amended to read:
             115           10-1-104. Definitions.
             116          As used in this title:
             117          (1) "City" [includes] means a municipality that is classified by population as a city of
             118      the first class, a city of the second class, [and] a city of the third class, [as classified in] a city of
             119      the fourth class, or a city of the fifth class, under Section 10-2-301 .
             120          (2) "Contiguous" means:


             121          (a) if used to described an area, continuous, uninterrupted, and without an island of
             122      territory not included as part of the area; and
             123          (b) if used to describe an area's relationship to another area, sharing a common
             124      boundary.
             125          (3) "Governing body" means collectively the legislative body and the executive of any
             126      municipality. Unless otherwise provided:
             127          (a) in a city of the first or second class, the governing body is the city commission;
             128          (b) in a city of the third, fourth, or fifth class, the governing body is the city council;
             129      and
             130          (c) in a town, the governing body is the town council.
             131          (4) "Municipal" means of or relating to a municipality.
             132          (5) "Municipality" means a city of the first class, city of the second class, city of the
             133      third class, city of the fourth class, city of the fifth class, or a town, as classified in Section
             134      10-2-301 .
             135          (6) "Peninsula," when used to describe an unincorporated area, means an area
             136      surrounded on more than 1/2 of its boundary distance, but not completely, by incorporated
             137      territory and situated so that the length of a line drawn across the unincorporated area from an
             138      incorporated area to an incorporated area on the opposite side shall be less than 25% of the
             139      total aggregate boundaries of the unincorporated area.
             140          (7) "Person" means an individual, corporation, partnership, organization, association,
             141      trust, governmental agency, or any other legal entity.
             142          (8) "Provisions of law" shall include other statutes of the state of Utah and ordinances,
             143      rules, and regulations properly adopted by any municipality unless the construction is clearly
             144      contrary to the intent of state law.
             145          (9) "Recorder," unless clearly inapplicable, includes and applies to a town clerk.
             146          (10) "Town" means a municipality classified by population as a town [as classified in]
             147      under Section 10-2-301 .
             148          (11) "Unincorporated" means not within a municipality.
             149          Section 3. Section 10-2-112 is amended to read:
             150           10-2-112. Ballot used at the incorporation election.
             151          (1) The ballot at the incorporation election under Subsection 10-2-111 (1) shall pose the


             152      incorporation question substantially as follows:
             153          Shall the area described as (insert a description of the proposed city) be incorporated as
             154      the city of (insert the proposed name of the proposed city)?
             155          (2) The ballot shall provide a space for the voter to answer yes or no to the question in
             156      Subsection (1).
             157          (3) (a) The ballot at the incorporation election shall also pose the question relating to
             158      the form of government substantially as follows:
             159          If the above incorporation proposal passes, under what form of municipal government
             160      shall (insert the name of the proposed city) operate? Vote for one:
             161          City (insert "Commission" for a city of the first or second class or "Council" for a city
             162      of the third, fourth, or fifth class) form
             163          Council-Mayor form
             164          Council-Manager form.
             165          (b) The ballot shall provide a space for the voter to vote for one form of government.
             166          (4) (a) The ballot at the incorporation election shall also pose the question of whether
             167      to elect city commission or council members by district substantially as follows:
             168          If the above incorporation proposal passes, shall members of the city (insert
             169      "commission" or "council," as the case may be) of (insert the name of the proposed city) be
             170      elected by district?
             171          (b) The ballot shall provide a space for the voter to answer yes or no to the question in
             172      Subsection (4)(a).
             173          Section 4. Section 10-2-114 is amended to read:
             174           10-2-114. Determination of number of commission or council members --
             175      Determination of election districts -- Hearings and notice.
             176          (1) If the incorporation proposal passes, the petition sponsors shall, within 25 days of
             177      the canvass of the election under Section 10-2-111 :
             178          (a) if the voters at the incorporation election choose either the council-mayor or the
             179      council-manager form of government, determine the number of commission or council
             180      members that will constitute the commission or council of the future city;
             181          (b) if the voters at the incorporation election vote to elect commission or council
             182      members by district, determine the number of commission or council members to be elected by


             183      district and draw the boundaries of those districts, which shall be substantially equal in
             184      population;
             185          (c) determine the initial terms of the mayor and members of the city commission or
             186      council so that:
             187          (i) the mayor and approximately half the members of the city commission or council
             188      are elected to serve an initial term, of no less than one year, that allows their successors to serve
             189      a full four-year term that coincides with the schedule established in Subsection 10-3-203 (1) for
             190      a first class city, Subsection 10-3-204 (1) for a second class city, and Subsection 10-3-205 (1)
             191      for a third, fourth, or fifth class city; and
             192          (ii) the remaining members of the city commission or council are elected to serve an
             193      initial term, of no less than one year, that allows their successors to serve a full four-year term
             194      that coincides with the schedule established in Subsection 10-3-203 (2) for a first class city,
             195      Subsection 10-3-204 (2) for a second class city, and Subsection 10-3-205 (2) for a third, fourth,
             196      or fifth class city; and
             197          (d) submit in writing to the county legislative body the results of the sponsors'
             198      determinations under Subsections (1)(a), (b), and (c).
             199          (2) (a) Before making a determination under Subsection (1)(a), (b), or (c), the petition
             200      sponsors shall hold a public hearing within the future city on the applicable issues under
             201      Subsections (1)(a), (b), and (c).
             202          (b) (i) The petition sponsors shall publish notice of the public hearing under Subsection
             203      (2)(a) in a newspaper of general circulation within the future city at least once a week for two
             204      successive weeks before the hearing.
             205          (ii) The last publication of notice under Subsection (2)(b)(i) shall be at least three days
             206      before the public hearing under Subsection (2)(a).
             207          (c) (i) If there is no newspaper of general circulation within the future city, the petition
             208      sponsors shall post at least one notice of the hearing per 1,000 population in conspicuous
             209      places within the future city that are most likely to give notice of the hearing to the residents of
             210      the future city.
             211          (ii) The petition sponsors shall post the notices under Subsection (2)(c)(i) at least seven
             212      days before the hearing under Subsection (2)(a).
             213          Section 5. Section 10-2-125 is amended to read:


             214           10-2-125. Incorporation of a town.
             215          (1) (a) A contiguous area of a county not within a municipality, with a population of at
             216      least 100 but [not more] less than [800] 1,000, may incorporate as a town as provided in this
             217      section.
             218          (b) (i) The population figure under Subsection (1)(a) shall be derived from the most
             219      recent official census or census estimate of the United States Bureau of the Census.
             220          (ii) If the population figure is not available from the United States Bureau of the
             221      Census, the population figure shall be derived from the estimate from the Utah Population
             222      Estimates Committee.
             223          (2) (a) The process to incorporate an area as a town is initiated by filing a petition with
             224      the clerk of the county in which the area is located.
             225          (b) Each petition under Subsection (2)(a) shall:
             226          (i) be signed by the owners of private real property that:
             227          (A) is located within the area proposed to be incorporated;
             228          (B) covers a majority of the total private land area within the area; and
             229          (C) is equal in value to at least 1/3 of the value of all private real property within the
             230      area;
             231          (ii) state the legal description of the boundaries of the area proposed to be incorporated
             232      as a town; and
             233          (iii) substantially comply with and be circulated in the following form:
             234          PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
             235      town)
             236          To the Honorable County Legislative Body of (insert the name of the county in which
             237      the proposed town is located) County, Utah:
             238          We, the undersigned owners of real property within the area described in this petition,
             239      respectfully petition the county legislative body to examine the question of whether the area
             240      should incorporate as a town. Each of the undersigned affirms that each has personally signed
             241      this petition and is an owner of real property within the described area, and that the current
             242      residence address of each is correctly written after the signer's name. The area proposed to be
             243      incorporated as a town is described as follows: (insert an accurate description of the area
             244      proposed to be incorporated).


             245          (c) A petition under this section may not describe an area that includes some or all of
             246      an area proposed for annexation in an annexation petition under Section 10-2-403 that:
             247          (i) was filed before the filing of the petition; and
             248          (ii) is still pending on the date the petition is filed.
             249          (3) Section 10-2-104 applies to a petition for incorporation as a town, except that the
             250      notice under Subsection 10-2-104 (1) shall be sent within seven calendar days of the filing of a
             251      petition under Subsection (2).
             252          (4) (a) A county legislative body may treat a petition filed under Subsection (2) as a
             253      request for a feasibility study under Section 10-2-103 and process it as a request under that
             254      section would be processed under this part to determine whether the feasibility study results
             255      meet the requirements of Subsection 10-2-109 (3).
             256          (b) If the results of a feasibility study under Subsection (4)(a) do not meet the
             257      requirements of Subsection 10-2-109 (3), the county legislative body may not approve the
             258      incorporation petition.
             259          (c) If the results of the feasibility study under Subsection (4)(a) meet the requirements
             260      of Subsection 10-2-109 (3), the county legislative body may approve the incorporation petition,
             261      if the county legislative body determines that the incorporation is in the best interests of the
             262      citizens of the county and the proposed town.
             263          (5) Upon approval of a petition filed under Subsection (2), the legislative body of the
             264      county in which the proposed town is located shall appoint a mayor and members of the town
             265      council who shall hold office until the next regular municipal election and until their
             266      successors are elected and qualified.
             267          (6) (a) (i) Each mayor appointed under Subsection (5) shall, within seven days of
             268      appointment, file articles of incorporation of the new town with the lieutenant governor.
             269          (ii) The articles of incorporation shall meet the requirements of Subsection
             270      10-2-119 (2).
             271          (b) Within ten days of receipt of the articles of incorporation, the lieutenant governor
             272      shall:
             273          (i) certify the articles of incorporation;
             274          (ii) return a copy of the articles of incorporation to the appointed mayor; and
             275          (iii) send a copy of the articles of incorporation to the recorder of the county in which


             276      the town is located.
             277          (7) A town is incorporated upon the lieutenant governor's certification of the articles of
             278      incorporation.
             279          (8) (a) Within 30 days of incorporation, the legislative body of the new town shall
             280      record with the recorder of the county in which the new town is located a plat or map, prepared
             281      by a licensed surveyor and approved by the legislative body, showing the boundaries of the
             282      town.
             283          (b) The legislative body of the new town shall comply with the notice requirements of
             284      Section 10-1-116 .
             285          Section 6. Section 10-2-301 is amended to read:
             286           10-2-301. Classification of municipalities according to population.
             287          (1) Each municipality shall be classified according to its population, as provided in this
             288      section.
             289          (2) (a) A municipality with a population of 100,000 or more is a city of the first class.
             290          (b) A municipality with a population of [60,000] 65,000 or more but less than 100,000
             291      is a city of the second class.
             292          (c) A municipality with a population of [1,000] 30,000 or more but less than [60,000]
             293      65,000 is a city of the third class.
             294          (d) A municipality with a population of 10,000 or more but less than 30,000 is a city of
             295      the fourth class.
             296          (e) A municipality with a population of 1,000 or more but less than 10,000 is a city of
             297      the fifth class.
             298          [(d)] (f) A municipality with a population under 1,000 is a town.
             299          Section 7. Section 10-2-405 is amended to read:
             300           10-2-405. Acceptance or rejection of an annexation petition -- Modified petition.
             301          (1) (a) (i) (A) A municipal legislative body may:
             302          (I) except as provided in Subsection (1)(b) and subject to Subsection (1)(a)(i)(B), deny
             303      a petition filed under Section 10-2-403 ; or
             304          (II) accept the petition for further consideration under this part.
             305          (B) A petition shall be considered to have been accepted for further consideration
             306      under this part if a municipal legislative body fails to act to deny or accept the petition under


             307      Subsection (1)(a)(i)(A):
             308          (I) in the case of a city of the first or second class, within 14 days after the filing of the
             309      petition; or
             310          (II) in the case of a city of the third, fourth, or fifth class or a town, at the next regularly
             311      scheduled meeting of the municipal legislative body that is at least 14 days after the date the
             312      petition was filed.
             313          (ii) If a municipal legislative body denies a petition under Subsection (1)(a)(i)(A), it
             314      shall, within five days of the denial, mail written notice of the denial to the contact sponsor, the
             315      clerk of the county in which the area proposed for annexation is located, and the chair of the
             316      planning commission of each township in which any part of the area proposed for annexation is
             317      located.
             318          (b) A municipal legislative body may not deny a petition filed under Section 10-2-403
             319      proposing to annex an area located in a county of the first class if:
             320          (i) the petition contains the signatures of the owners of private real property that:
             321          (A) is located within the area proposed for annexation;
             322          (B) covers a majority of the private land area within the area proposed for annexation;
             323      and
             324          (C) is equal in value to at least 1/2 of the value of all private real property within the
             325      area proposed for annexation;
             326          (ii) the population in the area proposed for annexation does not exceed 10% of the
             327      population of the proposed annexing municipality;
             328          (iii) the property tax rate for municipal services in the area proposed to be annexed is
             329      higher than the property tax rate of the proposed annexing municipality; and
             330          (iv) all annexations by the proposed annexing municipality during the year that the
             331      petition was filed have not increased the municipality's population by more than 20%.
             332          (2) If the municipal legislative body accepts a petition under Subsection (1)(a)(i)(A) or
             333      is considered to have accepted the petition under Subsection (1)(a)(i)(B), the city recorder or
             334      town clerk, as the case may be, shall, within 30 days of that acceptance:
             335          (a) with the assistance of the municipal attorney and of the clerk, surveyor, and
             336      recorder of the county in which the area proposed for annexation is located, determine whether
             337      the petition meets the requirements of Subsections 10-2-403 (2), (3), and (4); and


             338          (b) (i) if the city recorder or town clerk determines that the petition meets those
             339      requirements, certify the petition and mail or deliver written notification of the certification to
             340      the municipal legislative body, the contact sponsor, the county legislative body, and the chair of
             341      the planning commission of each township in which any part of the area proposed for
             342      annexation is located; or
             343          (ii) if the city recorder or town clerk determines that the petition fails to meet any of
             344      those requirements, reject the petition and mail or deliver written notification of the rejection
             345      and the reasons for the rejection to the municipal legislative body, the contact sponsor, the
             346      county legislative body, and the chair of the planning commission of each township in which
             347      any part of the area proposed for annexation is located.
             348          (3) (a) (i) If the city recorder or town clerk rejects a petition under Subsection (2)(b)(ii),
             349      the petition may be modified to correct the deficiencies for which it was rejected and then
             350      refiled with the city recorder or town clerk, as the case may be.
             351          (ii) A signature on an annexation petition filed under Section 10-2-403 may be used
             352      toward fulfilling the signature requirement of Subsection 10-2-403 (2)(b) for the petition as
             353      modified under Subsection (3)(a)(i).
             354          (b) If a petition is refiled under Subsection (3)(a) after having been rejected by the city
             355      recorder or town clerk under Subsection (2)(b)(ii), the refiled petition shall be treated as a
             356      newly filed petition under Subsection 10-2-403 (1).
             357          (4) Each county clerk, surveyor, and recorder shall cooperate with and assist a city
             358      recorder or town clerk in the determination under Subsection (2)(a).
             359          Section 8. Section 10-3-105 is amended to read:
             360           10-3-105. Governing body in cities of the third, fourth, and fifth class.
             361          Except as provided under Subsection 10-2-303 (1)(f), the governing body of each city of
             362      the third, fourth, or fifth class that has not adopted an optional form of government under Part
             363      12, Alternative Forms of Municipal Government Act, shall be a council composed of six
             364      members, one of whom shall be the mayor and the remaining five shall be council members.
             365          Section 9. Section 10-3-205 is amended to read:
             366           10-3-205. Election of officers in cities of the third, fourth, and fifth class.
             367          In [cities] each city of the third, fourth, or fifth class, the election and terms of office
             368      shall be as follows:


             369          (1) The offices of mayor and two council members shall be filled in municipal
             370      elections held in 1977. The terms shall be for four years. These offices shall be filled every
             371      four years in municipal elections.
             372          (2) The offices of the other three council members shall be filled in a municipal
             373      election held in 1979. The terms shall be for four years. These offices shall be filled every
             374      four years in municipal elections.
             375          Section 10. Section 10-3-205.5 is amended to read:
             376           10-3-205.5. At-large election of officers of first, second, and third class -- Election
             377      of commissioners or council members.
             378          (1) Except as provided in Subsection (2), the officers of each [first, second, and third
             379      class] city shall be elected in an at-large election held at the time and in the manner provided
             380      for electing municipal officers.
             381          (2) (a) Notwithstanding Subsection (1), the governing body of a [first, second, or third
             382      class] city may by ordinance provide for the election of some or all commissioners or council
             383      members, as the case may be, by district equal in number to the number of commissioners or
             384      council members elected by district.
             385          (b) (i) Each district shall be of substantially equal population as the other districts.
             386          (ii) Within six months after the Legislature completes its redistricting process, the
             387      governing body of each [municipality] city that has adopted an ordinance under Subsection
             388      (2)(a) shall make any adjustments in the boundaries of the districts as may be required to
             389      maintain districts of substantially equal population.
             390          Section 11. Section 10-3-208 is amended to read:
             391           10-3-208. Campaign financial disclosure in municipal elections.
             392          (1) (a) (i) [By August 1, 1995, each] Each first [and], second [class city and each],
             393      third, and fourth class city [having a population of 10,000 or more] shall adopt an ordinance
             394      establishing campaign finance disclosure requirements for candidates for city office.
             395          (ii) [By August 1, 2001, each third] Each fifth class city [with a population under
             396      10,000] and [each] town shall adopt an ordinance establishing campaign finance disclosure
             397      requirements for candidates for city or town office who:
             398          (A) receive more than $750 in campaign contributions; or
             399          (B) spend more than $750 on their campaign for city or town office.


             400          (b) The ordinance required under Subsection (1)(a) shall include:
             401          (i) a requirement that each candidate for municipal office to whom the ordinance
             402      applies report the candidate's itemized and total campaign contributions and expenditures at
             403      least once seven days before the municipal general election and at least once 30 days after the
             404      municipal general election;
             405          (ii) a definition of "contribution" and "expenditure" that requires reporting of
             406      nonmonetary contributions such as in-kind contributions and contributions of tangible things;
             407      and
             408          (iii) a requirement that the financial reports identify:
             409          (A) for each contribution of more than $50, the name of the donor of the contribution
             410      and the amount of the contribution; and
             411          (B) for each expenditure, the name of the recipient and the amount of the expenditure.
             412          (2) (a) Except as provided in Subsection (2)(b), if a city or town fails to adopt a
             413      campaign finance disclosure ordinance as required under Subsection (1), candidates for office
             414      in that city or town shall comply with the financial reporting requirements contained in
             415      Subsections (3) through (6).
             416          (b) (i) If a city or town adopts a campaign finance disclosure ordinance that meets the
             417      requirements of Subsection (1), that city or town need not comply with the requirements of
             418      Subsections (3) through (6).
             419          (ii) Subsection (2)(a) and the financial reporting requirements of Subsections (3)
             420      through (6) do not apply to a candidate for municipal office who:
             421          (A) is a candidate for municipal office in a fifth class city [with a population under
             422      10,000] or a town; and
             423          (B) (I) receives $750 or less in campaign contributions; and
             424          (II) spends $750 or less on the candidate's campaign for municipal office.
             425          (3) If there is no municipal ordinance meeting the requirements of this section upon the
             426      dates specified in Subsection (1), each candidate for elective municipal office shall file a signed
             427      campaign financial statement with the city recorder:
             428          (a) seven days before the date of the municipal general election, reporting each
             429      contribution of more than $50 and each expenditure as of ten days before the date of the
             430      municipal general election; and


             431          (b) no later than 30 days after the date of the municipal general election.
             432          (4) (a) The statement filed seven days before the municipal general election shall
             433      include:
             434          (i) a list of each contribution of more than $50 received by the candidate, and the name
             435      of the donor;
             436          (ii) an aggregate total of all contributions of $50 or less received by the candidate; and
             437          (iii) a list of each expenditure for political purposes made during the campaign period,
             438      and the recipient of each expenditure.
             439          (b) The statement filed 30 days after the municipal general election shall include:
             440          (i) a list of each contribution of more than $50 received after the cutoff date for the
             441      statement filed seven days before the election, and the name of the donor;
             442          (ii) an aggregate total of all contributions of $50 or less received by the candidate after
             443      the cutoff date for the statement filed seven days before the election; and
             444          (iii) a list of all expenditures for political purposes made by the candidate after the
             445      cutoff date for the statement filed seven days before the election, and the recipient of each
             446      expenditure.
             447          (5) Candidates for elective municipal office who are eliminated at a primary election
             448      shall file a signed campaign financial statement containing the information required by this
             449      section not later than 30 days after the primary election.
             450          (6) Any person who fails to comply with this section is guilty of an infraction.
             451          (7) A city or town may, by ordinance, enact requirements that:
             452          (a) require greater disclosure of campaign contributions and expenditures; and
             453          (b) impose additional penalties.
             454          (8) (a) If a candidate fails to file an interim report due before the municipal general
             455      election, the city recorder shall, after making a reasonable attempt to discover if the report was
             456      timely mailed, inform the appropriate election officials who:
             457          (i) shall, if practicable, remove the name of the candidate by blacking out the
             458      candidate's name before the ballots are delivered to voters; or
             459          (ii) shall, if removing the candidate's name from the ballot is not practicable, inform
             460      the voters by any practicable method that the candidate has been disqualified and that votes
             461      cast for the candidate will not be counted; and


             462          (iii) may not count any votes for that candidate.
             463          (b) Notwithstanding Subsection (8)(a), a candidate is not disqualified if:
             464          (i) the candidate files the reports required by this section;
             465          (ii) those reports are completed, detailing accurately and completely the information
             466      required by this section except for inadvertent omissions or insignificant errors or inaccuracies;
             467      and
             468          (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
             469      the next scheduled report.
             470          (9) (a) Any private party in interest may bring a civil action in district court to enforce
             471      the provisions of this section or any ordinance adopted under this section.
             472          (b) In a civil action filed under Subsection (9)(a), the court may award costs and
             473      attorney's fees to the prevailing party.
             474          Section 12. Section 10-3-402 is amended to read:
             475           10-3-402. Mayor in third, fourth, or fifth class city -- Mayor may not vote --
             476      Exceptions.
             477          The mayor in a city of the third, fourth, or fifth class may not vote, except in case of a
             478      tie vote of the council or in the appointment or dismissal of a city manager under Section
             479      10-3-830 .
             480          Section 13. Section 10-3-502 is amended to read:
             481           10-3-502. Meetings in cities of the third, fourth, or fifth class and towns.
             482          In [cities] each city of the third, fourth, or fifth class and [towns] each town, the
             483      governing body shall by ordinance prescribe the time and place for holding its regular meeting
             484      which shall be held at least once each month. If at any time the business of such city or town
             485      requires a special meeting of the governing body, such meeting may be ordered by the mayor or
             486      any two members of the governing body. The order shall be entered in the minutes of the
             487      governing body. The order shall provide at least three hours' notice of the special meeting and
             488      notice thereof shall be served by the recorder or clerk on each member who did not sign the
             489      order by delivering the notice personally or by leaving it at the member's usual place of abode.
             490      The personal appearance by a member at any specially called meeting constitutes a waiver of
             491      the notice required in this section.
             492          Section 14. Section 10-3-504 is amended to read:


             493           10-3-504. Quorum defined.
             494          The number of members of the governing body necessary to constitute a quorum is, in:
             495          [(a) cities] (1) a city of the first class, three or more;
             496          [(b) cities] (2) a city of the second class, two or more;
             497          [(c) cities] (3) a city of the third, fourth, or fifth class, three or more;
             498          [(d) towns] (4) a town, three or more.
             499          Section 15. Section 10-3-507 is amended to read:
             500           10-3-507. Minimum vote required.
             501          (1) The minimum number of yes votes required to pass any ordinance, resolution, or to
             502      take any action by the governing body unless otherwise prescribed by law, shall be a majority
             503      of the members of the quorum, but shall never be less than:
             504          (a) three in [cities] a city of the first class;
             505          (b) two in [cities] a city of the second class;
             506          (c) three in [cities] a city of the third, fourth, or fifth class; and
             507          (d) three in [towns] a town.
             508          (2) Any ordinance, resolution, or motion of the governing body having fewer favorable
             509      votes than required [herein] in this section shall be [deemed] considered defeated and invalid,
             510      except a meeting may be adjourned to a specific time by a majority vote of the governing body
             511      even though such majority vote is less than that required [herein] in this section.
             512          (3) A majority of the members of the governing body, regardless of number, may fill
             513      any vacancy in the governing body.
             514          Section 16. Section 10-3-609 is amended to read:
             515           10-3-609. Action on committee reports.
             516          Final action on any report of any committee appointed by the governing body shall be
             517      deferred to the next regular meeting of the governing body on the request of any two members,
             518      except that the council in [cities] a city of the third, fourth, or fifth class [and towns] or a town
             519      may call a special meeting to consider final action.
             520          Section 17. Section 10-3-808 is amended to read:
             521           10-3-808. Administration vested in mayor.
             522          The administrative powers, authority, and duties in [cities] a city of the third, fourth, or
             523      fifth class and [towns] a town are vested in the mayor.


             524          Section 18. Section 10-3-809 is amended to read:
             525           10-3-809. Powers of mayors in a city of third, fourth, or fifth class or a town.
             526          (1) The mayor in a city of the third, fourth, or fifth class or a town is the chief
             527      executive officer to whom all employees of the municipality shall report.
             528          (2) The mayor shall:
             529          (a) keep the peace and enforce the laws of the city or town;
             530          (b) remit fines and forfeitures;
             531          (c) report remittances under Subsection (2)(b) to the council at its next regular session;
             532          (d) perform all duties prescribed by law, resolution, or ordinance;
             533          (e) ensure that all the laws, ordinances, and resolutions are faithfully executed and
             534      observed;
             535          (f) report to the council the condition of the city or town and recommend for council
             536      consideration any measures that the mayor considers to be in the best interests of the city or
             537      town;
             538          (g) when necessary, call on the residents of the city or town over the age of 21 years to
             539      assist in enforcing the laws of the state and ordinances of the municipality;
             540          (h) appoint, with the advice and consent of the council, persons to fill municipal offices
             541      or vacancies on commissions or committees of the municipality; and
             542          (i) report to the council any release granted under Subsection (4)(b).
             543          (3) Subsection (2)(h) does not apply to the appointment of a manager under Section
             544      10-3-830 .
             545          (4) The mayor may:
             546          (a) at any reasonable time, examine and inspect the official books, papers, records, or
             547      documents of the city or town or any officer, employee, or agent of the city or town; and
             548          (b) release any person imprisoned for violation of any municipal ordinance.
             549          Section 19. Section 10-3-810 is amended to read:
             550           10-3-810. Additional powers and duties of elected officials in a city of the third,
             551      fourth, or fifth class or a town.
             552          [All cities] A city of the third, fourth, or fifth class [and towns] or a town may by
             553      resolution prescribe additional duties, powers, and responsibilities for any elected or appointed
             554      official which are not prohibited by any specific statute, except that the mayor may not serve as


             555      recorder and neither the mayor nor the recorder may serve as treasurer. A justice court judge
             556      may not hold any other municipal office or position of employment with the municipality.
             557          Section 20. Section 10-3-811 is amended to read:
             558           10-3-811. Members of the governing body may be appointed to administration in
             559      a city of the third, fourth, or fifth class or a town.
             560          The mayor of any city of the third, fourth, or fifth class or the mayor of any town may,
             561      with the advice and consent of the majority of the governing body, assign or appoint any
             562      member or members of the governing body to administer one or more departments of the
             563      municipality and shall by ordinance provide the salary for the administrator or administrators.
             564          Section 21. Section 10-3-812 is amended to read:
             565           10-3-812. Change of duties in a city of the third, fourth, or fifth class or a town.
             566          The mayor of a city of the third, fourth, or fifth class or a town may, with the
             567      concurrence of a majority of the governing body, change the administrative assignment of any
             568      member of the governing body who is serving in any administrative position in the municipal
             569      government.
             570          Section 22. Section 10-3-916 is amended to read:
             571           10-3-916. Appointment of recorder and treasurer in a city of third, fourth, or
             572      fifth class or a town -- Vacancies in office.
             573          (1) In each city of the third, fourth, or fifth class and in each town, on or before the first
             574      Monday in February following a municipal election, the mayor, with the advice and consent of
             575      the city council, shall appoint a qualified person to each of the offices of city recorder and
             576      treasurer.
             577          (2) The city recorder is ex officio the city auditor and shall perform the duties of that
             578      office.
             579          (3) The mayor, with the advice and consent of the council, may also appoint and fill
             580      vacancies in all offices provided for by law or ordinance.
             581          (4) All appointed officers shall continue in office until their successors are appointed
             582      and qualified.
             583          Section 23. Section 10-3-917 is amended to read:
             584           10-3-917. Engineer in a city of the third, fourth, or fifth class or town.
             585          The governing body of [cities] a city of the third, fourth, or fifth class [and towns] or a


             586      town may by ordinance establish the office of municipal engineer and prescribe the duties and
             587      obligations for that office which are consistent with the duties and obligations of the city
             588      engineer in cities of the first and second class. [Where] If a city of the third, fourth, or fifth
             589      class or town uses the engineer employed by the county in which the municipality is located,
             590      the municipality may, by ordinance prescribe for its municipal engineer either the duties of a
             591      municipal engineer or, if different, the duties of the county engineer, or a combination of
             592      duties.
             593          Section 24. Section 10-3-918 is amended to read:
             594           10-3-918. Chief of police or marshal in a city of the third, fourth, or fifth class or
             595      town.
             596          The chief of police or marshal in [a] each city of the third, fourth, or fifth class or town:
             597          (1) shall:
             598          (a) exercise and perform the duties that are prescribed by the legislative body;
             599          (b) be under the direction, control, and supervision of the person or body that appointed
             600      the chief or marshal; and
             601          (c) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
             602      detention, or search of any person when the action is solely motivated by considerations of
             603      race, color, ethnicity, age, or gender; and
             604          (2) may, with the consent of the person or body that appointed the chief or marshal,
             605      appoint assistants to the chief of police or marshal.
             606          Section 25. Section 10-3-919 is amended to read:
             607           10-3-919. Powers, duties, and obligations of police chief, marshal, and their
             608      assistants in a city of the third, fourth, or fifth class or town.
             609          The chief of police, marshals, and their assistants in [cities] a city of the third, fourth, or
             610      fifth class [and towns] or town shall have all of the powers, rights, and duties respectively
             611      conferred on such officers in Sections 10-3-913 through 10-3-915 .
             612          Section 26. Section 10-3-920 is amended to read:
             613           10-3-920. Bail commissioner -- Powers and duties.
             614          (1) With the advice and consent of the city council and the board of commissioners in
             615      other cities, the mayor of a city of the third, fourth, or fifth class may appoint from among the
             616      officers and members of the police department of the city one or more discreet persons as a bail


             617      commissioner.
             618          (2) A bail commissioner shall have authority to fix and receive bail for a person
             619      arrested within the corporate limits of the city in accordance with the uniform bail schedule
             620      adopted by the Judicial Council or a reasonable bail for city ordinances not contained in the
             621      schedule for:
             622          (a) misdemeanors under the laws of the state; or
             623          (b) violation of the city ordinances.
             624          (3) A person who has been ordered by a bail commissioner to give bail may deposit
             625      with the bail commissioner the amount:
             626          (a) in money, by cash, certified or cashier's check, personal check with check guarantee
             627      card, money order, or credit card, if the bail commissioner has chosen to establish any of those
             628      options; or
             629          (b) by a bond issued by a bail bond surety qualified under the rules of the Judicial
             630      Council.
             631          (4) Any money or bond collected by a bail commissioner shall be delivered to the
             632      appropriate court within three days of receipt of the money or bond.
             633          (5) The court may review the amount of bail ordered by a bail commissioner and
             634      modify the amount of bail required for good cause.
             635          Section 27. Section 10-3-1208 is amended to read:
             636           10-3-1208. Election of officers -- When new government operative --
             637      Compensation of officials without position in new government.
             638          Upon approval of an optional form of government by a municipality pursuant to this
             639      part, election of officers shall be held in the municipality on the Tuesday next following the
             640      first Monday in November following approval of the optional form, or on the same day in the
             641      year next following, whichever day falls in an odd-numbered year. The new government shall
             642      become effective at 12 [o'clock] noon on the first Monday of January following the election of
             643      officers. Elected officials of the municipality whose positions would no longer exist as a result
             644      of the adoption of a form of government provided for in this [act] part shall be paid at the same
             645      rate until the date on which their terms would have expired, if they hold no municipal office in
             646      the new government for which they are regularly compensated. At their option, former
             647      commissioners of a first and second class [cities] city, council members of third, fourth, or fifth


             648      class [cities] city, or board members of [towns] a town may serve as one of the council
             649      members for the remainder of their term.
             650          Section 28. Section 10-3-1212 is amended to read:
             651           10-3-1212. Meetings of council -- Access to records.
             652          (1) In municipalities organized under an optional form of government provided for in
             653      this [act] part, the council shall prescribe by ordinance the time and place of its regular
             654      meetings provided that the council shall hold at least two public meetings each month in [cities
             655      with 3,000 or more population] a city of the first, second, third, or fourth class and at least one
             656      meeting each month in [municipalities with less than 3,000 population] a city of the fifth class
             657      or town. All meetings of the council shall be held in compliance with the provisions of Title
             658      52, Chapter 4, [relating to] Open and Public Meetings.
             659          (2) The books, records, and accounts of the council shall be kept at the office of the
             660      city recorder or town clerk. Individual citizens or citizen groups may have access to all public
             661      records with the exception of personnel records, which have not been classified as confidential
             662      for public policy purposes.
             663          Section 29. Section 10-6-106 is amended to read:
             664           10-6-106. Definitions.
             665          As used in this chapter:
             666          (1) "Account group" is defined by generally accepted accounting principles as reflected
             667      in the Uniform Accounting Manual for Utah Cities.
             668          (2) "Appropriation" means an allocation of money by the governing body for a specific
             669      purpose.
             670          (3) (a) "Budget" means a plan of financial operations for a fiscal period which
             671      embodies estimates of proposed expenditures for given purposes and the proposed means of
             672      financing them.
             673          (b) "Budget" may refer to the budget of a particular fund for which a budget is required
             674      by law or it may refer collectively to the budgets for all such funds.
             675          (4) "Budgetary fund" means a fund for which a budget is required.
             676          (5) "Budget officer" means the city auditor in [cities] a city of the first and second
             677      class, the mayor or some person appointed by the mayor with the approval of the city council in
             678      [cities] a city of the third, fourth, or fifth class, the mayor in the council-mayor optional form of


             679      government, or the person designated by the charter in a charter [cities] city.
             680          (6) "Budget period" means the fiscal period for which a budget is prepared.
             681          (7) "Check" means an order in a specific amount drawn upon a depository by an
             682      authorized officer of a city.
             683          (8) "Current period" means the fiscal period in which a budget is prepared and adopted,
             684      i.e., the fiscal period next preceding the budget period.
             685          (9) "Department" means any functional unit within a fund that carries on a specific
             686      activity, such as a fire or police department within a General Fund.
             687          (10) "Encumbrance system" means a method of budgetary control in which part of an
             688      appropriation is reserved to cover a specific expenditure by charging obligations, such as
             689      purchase orders, contracts, or salary commitments to an appropriation account at their time of
             690      origin. Such obligations cease to be encumbrances when paid or when the actual liability is
             691      entered on the city's books of account.
             692          (11) "Estimated revenue" means the amount of revenue estimated to be received from
             693      all sources during the budget period in each fund for which a budget is being prepared.
             694          (12) "Financial officer" means the mayor in the council-mayor optional form of
             695      government or the city official as authorized by Section 10-6-158 .
             696          (13) "Fiscal period" means the annual or biennial period for accounting for fiscal
             697      operations in each city.
             698          (14) "Fund" is as defined by generally accepted accounting principles as reflected in
             699      the Uniform Accounting Manual for Utah Cities.
             700          (15) "Fund balance," "retained earnings," and "deficit" have the meanings commonly
             701      accorded such terms under generally accepted accounting principles as reflected in the Uniform
             702      Accounting Manual for Utah Cities.
             703          (16) "Governing body" means a city council, or city commission, as the case may be,
             704      but the authority to make any appointment to any position created by this chapter is vested in
             705      the mayor in the council-mayor optional form of government.
             706          (17) "Interfund loan" means a loan of cash from one fund to another, subject to future
             707      repayment and does not constitute an expenditure or a use of retained earnings or fund balance
             708      of the lending fund or revenue to the borrowing fund.
             709          (18) "Last completed fiscal period" means the fiscal period next preceding the current


             710      period.
             711          (19) "Public funds" means any money or payment collected or received by an officer or
             712      employee of the city acting in an official capacity and includes money or payment to the officer
             713      or employee for services or goods provided by the city, or the officer or employee while acting
             714      within the scope of employment or duty. Public funds do not include money or payments
             715      collected or received by an officer or employee of a city for charitable purposes if the mayor or
             716      city council has consented to the officer's or employee's participation in soliciting contributions
             717      for a charity.
             718          (20) "Special fund" means any fund other than the General Fund.
             719          (21) "Warrant" means an order drawn upon the city treasurer, in the absence of
             720      sufficient money in the city's depository, by an authorized officer of a city for the purpose of
             721      paying a specified amount out of the city treasury to the person named or to the bearer as
             722      money becomes available.
             723          Section 30. Section 10-6-111 is amended to read:
             724           10-6-111. Tentative budget to be prepared -- Contents -- Estimate of expenditures
             725      -- Budget message -- Review by governing body.
             726          (1) On or before the first regularly scheduled meeting of the governing body in the last
             727      May of the current period, the budget officer shall prepare for the ensuing fiscal period, on
             728      forms provided by the state auditor, and file with the governing body, a tentative budget for
             729      each fund for which a budget is required. The tentative budget of each fund shall set forth in
             730      tabular form the following:
             731          (a) Actual revenues and expenditures in the last completed fiscal period.
             732          (b) Budget estimates for the current fiscal period.
             733          (c) Actual revenues and expenditures for a period of [six] 6 to 21 months, as
             734      appropriate, of the current fiscal period.
             735          (d) Estimated total revenues and expenditures for the current fiscal period.
             736          (e) The budget officer's estimates of revenues and expenditures for the budget period,
             737      computed in the following manner:
             738          (i) The budget officer shall estimate, on the basis of demonstrated need, the
             739      expenditures for the budget period after a review of the budget requests and estimates of the
             740      department heads. Each department head shall be heard by the budget officer prior to making


             741      of the final estimates, but the officer may revise any department's estimate as the officer
             742      considers advisable for the purpose of presenting the budget to the governing body.
             743          (ii) The budget officer shall estimate the amount of revenue available to serve the
             744      needs of each fund, estimate the portion to be derived from all sources other than general
             745      property taxes, and estimate the portion that must be derived from general property taxes.
             746      From the latter estimate the officer shall compute and disclose in the budget the lowest rate of
             747      property tax levy that will raise the required amount of revenue, calculating the levy upon the
             748      latest taxable value.
             749          (f) If the governing body elects, actual performance experience to the extent
             750      established by Section 10-6-154 and available in work units, unit costs, man hours, or man
             751      years for each budgeted fund on an actual basis for the last completed fiscal period, and
             752      estimated for the current fiscal period and for the ensuing budget period.
             753          (2) (a) Each tentative budget, when filed by the budget officer with the governing body,
             754      shall contain the estimates of expenditures submitted by department heads, together with
             755      specific work programs and such other supporting data as this chapter requires or the governing
             756      body may request. [First and second-class cities] Each city of the first or second class shall,
             757      and [third-class cities] a city of the third, fourth, or fifth class may, submit a supplementary
             758      estimate of all capital projects which each department head believes should be undertaken
             759      within the next three succeeding years.
             760          (b) Each tentative budget submitted by the budget officer to the governing body shall
             761      be accompanied by a budget message, which shall explain the budget, contain an outline of the
             762      proposed financial policies of the city for the budget period, and shall describe the important
             763      features of the budgetary plan. It shall set forth the reasons for salient changes from the
             764      previous fiscal period in appropriation and revenue items and shall explain any major changes
             765      in financial policy.
             766          (3) Each tentative budget shall be reviewed, considered, and tentatively adopted by the
             767      governing body in any regular meeting or special meeting called for the purpose and may be
             768      amended or revised in such manner as is considered advisable prior to public hearings, except
             769      that no appropriation required for debt retirement and interest or reduction of any existing
             770      deficits pursuant to Section 10-6-117 , or otherwise required by law or ordinance, may be
             771      reduced below the minimums so required.


             772          (4) [In the event] If the municipality is acting pursuant to Section 10-2-120 , the
             773      tentative budget shall be submitted to the governing body 60 days prior to the intended filing of
             774      the articles of incorporation and shall cover each fund for which a budget is required from the
             775      date of incorporation to the end of the fiscal year. The governing body shall substantially
             776      comply with all other provisions of this act, and the budget shall be passed upon incorporation.
             777          Section 31. Section 10-6-135 is amended to read:
             778           10-6-135. Operating and capital budgets.
             779          (1) On or before the time the governing body adopts budgets for the funds set forth in
             780      Section 10-6-109 , it shall adopt for the ensuing fiscal period an "operating and capital budget"
             781      for each enterprise fund and shall adopt the type of budget for other special funds as required
             782      by the Uniform Accounting Manual for Utah Cities.
             783          (2) An "operating and capital budget," for purposes of this section, means a plan of
             784      financial operation for an enterprise or other required special fund, embodying estimates of
             785      operating resources and expenses and other outlays for a fiscal period. Except as otherwise
             786      expressly provided, the reference to "budget" or "budgets" and the procedures and controls
             787      relating to them in other sections of this chapter do not apply or refer to the "operating and
             788      capital budgets" provided for in this section.
             789          (3) "Operating and capital budgets" shall be adopted and administered in the following
             790      manner:
             791          (a) On or before the first regularly scheduled meeting of the governing body in the last
             792      May of the current period, the budget officer shall prepare for the ensuing fiscal period and file
             793      with the governing body a tentative operating and capital budget for each enterprise fund and
             794      for other required special funds, together with specific work programs as submitted by the
             795      department head and any other supporting data required by the governing body.
             796          (b) [First and second-class cities] Each city of the first or second class shall, and
             797      [third-class cities] a city of the third, fourth, or fifth class may, submit a supplementary
             798      estimate of all capital projects which the department head believes should be undertaken within
             799      the three next succeeding fiscal periods.
             800          (c) The budget officer shall prepare estimates in cooperation with the appropriate
             801      department heads. Each department head shall be heard by the budget officer prior to making
             802      final estimates, but thereafter the officer may revise any department's estimate for the purpose


             803      of presenting the budget to the governing body.
             804          (d) If within any enterprise fund, allocations or transfers which cannot be defined as a
             805      reasonable allocation of costs between funds are included in a tentative budget, a written notice
             806      as to date, time, place, and purpose of the hearing is to be mailed to utility fund customers at
             807      least seven days prior to the hearing.
             808          (4) The tentative budget or budgets shall be reviewed and considered by the governing
             809      body at any regular meeting or special meeting called for that purpose. The governing body
             810      may make changes in the tentative budgets.
             811          (5) Budgets for enterprise or other required special funds shall comply with the public
             812      hearing requirements established in Sections 10-6-113 and 10-6-114 .
             813          (6) Before the last June 30 of each fiscal period, or, in the case of a property tax
             814      increase under Sections 59-2-919 through 59-2-923 , before August 31 of the year for which a
             815      property tax increase is proposed, the governing body shall adopt an operating and capital
             816      budget for each applicable fund for the ensuing fiscal period. A copy of the budget as finally
             817      adopted for each fund shall be:
             818          (a) certified by the budget officer;
             819          (b) filed by the officer in the office of the city auditor or city recorder;
             820          (c) available to the public during regular business hours; and
             821          (d) filed with the state auditor within 30 days after adoption.
             822          (7) Upon final adoption, the operating and capital budget shall be in effect for the
             823      budget period, subject to later amendment. During the budget period the governing body may,
             824      in any regular meeting or special meeting called for that purpose, review any one or more of the
             825      operating and capital budgets for the purpose of determining if the total of any of them should
             826      be increased. [In the event] If the governing body decides that the budget total of one or more
             827      of these funds should be increased, the procedures set forth in Section 10-6-136 shall be
             828      followed.
             829          (8) Expenditures from operating and capital budgets shall conform to the requirements
             830      relating to budgets specified in Sections 10-6-121 through 10-6-126 .
             831          Section 32. Section 10-6-139 is amended to read:
             832           10-6-139. City auditor or recorder -- Bookkeeping duties -- Duties with respect to
             833      payment of claims.


             834          (1) The city auditor in [cities] each city of the first and second class, and the city
             835      recorder in [cities] each city of the third, fourth, or fifth class shall maintain the general books
             836      for each fund of the city and all subsidiary records relating thereto, including a list of the
             837      outstanding bonds, their purpose, amount, terms, date, and place payable.
             838          (2) (a) The city auditor or city recorder, as appropriate, shall keep accounts with all
             839      receiving and disbursing officers of the city, shall preaudit all claims and demands against the
             840      city before they are allowed, and shall prepare the necessary checks in payment. [Such]
             841          (b) Those checks shall include an appropriate certification pursuant to Section 11-1-1 ,
             842      examples of which shall be presented in the Uniform Accounting Manual for Utah Cities.
             843          (c) The city auditor or city recorder shall also certify on the voucher or check copy, as
             844      appropriate, that:
             845          [(1)] (i) the claim has been preaudited and documented[,];
             846          [(2)] (ii) the claim has been approved in one of the following ways:
             847          [(a)] (A) purchase order directly approved by the mayor in the council-mayor optional
             848      form of government, or the governing body or its delegate in other cities;
             849          [(b)] (B) claim directly approved by the governing body; or
             850          [(c)] (C) claim approved by the financial officer[,];
             851          [(3)] (iii) the claim is within the lawful debt limit of the city[,]; and
             852          [(4)] (iv) the claim does not overexpend the appropriate departmental budget
             853      established by the governing body.
             854          Section 33. Section 10-6-148 is amended to read:
             855           10-6-148. Monthly and quarterly financial reports -- Cities of the third, fourth,
             856      and fifth class.
             857          The city recorder or other delegated person in [cities] each city of the third, fourth, or
             858      fifth class shall prepare and present to the governing body monthly summary financial reports
             859      and quarterly detail financial reports, prepared in the manner prescribed in the Uniform
             860      Accounting Manual for Utah Cities.
             861          Section 34. Section 10-6-153 is amended to read:
             862           10-6-153. Municipal government fiscal committee created -- Members -- Terms --
             863      Vacancies -- Recommendations.
             864          (1) There is hereby created a municipal government fiscal committee, the members of


             865      which shall be:
             866          (a) all auditors of cities of the first class and two auditors from cities of the second
             867      class appointed by the state auditor;
             868          (b) four elected or appointed municipal officials, two of whom shall be from larger
             869      cities of the third class [and two], one of whom shall be from [smaller] cities of the [third]
             870      fourth class, and one of whom shall be from cities of the fifth class, appointed by the state
             871      auditor from a list recommended by the Utah League of Cities and Towns; and
             872          (c) two additional members who are knowledgeable in the area of municipal fiscal
             873      affairs appointed by the state auditor.
             874          (2) (a) Members shall be appointed to four-year terms on the committee, provided that
             875      the term of an elected or appointed official shall terminate upon ceasing to be an elected
             876      official or an employee of the city for which such person worked when appointed.
             877          (b) Notwithstanding the requirements of Subsection (2)(a), the auditor shall, at the time
             878      of appointment or reappointment, adjust the length of terms to ensure that the terms of
             879      committee members are staggered so that approximately half of the committee is appointed
             880      every two years.
             881          (3) Any vacancy shall be filled by the state auditor from the same class as the original
             882      appointment as described in Subsection (1). Members may be reappointed.
             883          (4) The advisory committee shall assist, advise, and make recommendations to the
             884      state auditor in the preparation of uniform accounting and reporting procedures and program
             885      and performance accounting, budgeting, and reporting for cities.
             886          (5) (a) Members shall receive no compensation or benefits for their services, but may
             887      receive per diem and expenses incurred in the performance of the member's official duties at
             888      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             889          (b) Members may decline to receive per diem and expenses for their service.
             890          (c) Local government members who do not receive salary, per diem, or expenses from
             891      the entity that they represent for their service may receive per diem and expenses incurred in
             892      the performance of their official duties at the rates established by the Division of Finance under
             893      Sections 63A-3-106 and 63A-3-107 .
             894          (d) Local government members may decline to receive per diem and expenses for their
             895      service.


             896          Section 35. Section 10-6-154 is amended to read:
             897           10-6-154. Duties of state auditor and committee -- Adoption and expansion of
             898      uniform system.
             899          (1) The state auditor with the assistance, advice, and recommendations of the
             900      municipal government fiscal committee shall:
             901          (a) prescribe uniform accounting and reporting procedures for cities, in conformity
             902      with generally accepted accounting principles;
             903          (b) conduct a continuing review and modification of such procedures to improve them;
             904          (c) prepare and supply each city with suitable budget and reporting forms; and
             905          (d) prepare instructional materials, conduct training programs and render other services
             906      deemed necessary to assist cities in implementing the uniform accounting, budgeting and
             907      reporting procedures.
             908          (2) The Uniform Accounting Manual for Utah Cities shall prescribe reasonable
             909      exceptions and modifications for [smaller third] fourth and fifth class cities to the uniform
             910      system of accounting, budgeting, and reporting.
             911          (3) The advisory committee shall establish and conduct a continuing review of
             912      suggested measurements and procedures for program and performance budgeting and reporting
             913      which may be evaluated on a statewide basis.
             914          (4) Cities may expand the uniform accounting and reporting procedures to better serve
             915      their needs; however, no deviations from or alterations to the basic prescribed classification
             916      systems for the identity of funds and accounts shall be made.
             917          Section 36. Section 10-6-157 is amended to read:
             918           10-6-157. Director of finance in certain cities.
             919           The governing body of [third] a city of the third, fourth, or fifth class [cities] may, and
             920      the cities under an optional form of city government shall, by resolution or ordinance, create a
             921      director of finance position to perform the financial duties and responsibilities of the city
             922      recorder in third, fourth, and fifth class cities or the city auditor in first and second class cities,
             923      as established by this chapter. The director of finance shall be a qualified person appointed and
             924      removed with the advice and consent of the governing body, and may not assume the duties of
             925      the city treasurer. The governing body may also adopt the financial administrative duties of the
             926      director of finance prescribed in the Uniform Accounting Manual for Utah Cities.


             927          Section 37. Section 10-7-7 is amended to read:
             928           10-7-7. Bond issues for water, light, and sewers.
             929          [Any] (1) A city of the first or second class may incur an indebtedness, not exceeding
             930      in the aggregate with all other indebtedness [eight per cent] 8% of the value of the taxable
             931      property [therein] in the city, for the purpose of supplying [such] the city with water, artificial
             932      light, or sewers, when the works for supplying [such] the water, light, and sewers [shall be] are
             933      owned and controlled by the [municipality] city. [Any]
             934          (2) A city of the third, fourth, or fifth class [and any] or a town may become indebted
             935      to an amount not exceeding in the aggregate with all other indebtedness [twelve per cent] 12%
             936      of the value of the taxable property [therein] in the city or town for the purpose of supplying
             937      [such] the city or town with water, artificial light, or sewers, when the works for supplying
             938      [such] the water, light, and sewers [shall be] are owned and controlled by the [municipality]
             939      city or town.
             940          Section 38. Section 10-8-90 is amended to read:
             941           10-8-90. Ownership and operation of hospitals.
             942          [Cities] Each city of the third, fourth, or fifth class and [towns] each town of the state
             943      [of Utah are hereby] is authorized to construct, own, and operate hospitals and to join with
             944      other cities, towns, and counties in the construction, ownership, and operation of hospitals.
             945          Section 39. Section 10-8-91 is amended to read:
             946           10-8-91. Levy of tax by cities of the third, fourth, and fifth class and towns.
             947          [Cities] A city of the third, fourth, or fifth class [and towns of the state are authorized
             948      to] or a town may levy a tax not exceeding .001 per dollar of taxable value of taxable property
             949      for the purposes [above-mentioned] stated in Section 10-8-90 .
             950          Section 40. Section 10-9-307 is amended to read:
             951           10-9-307. Plans for moderate income housing.
             952          (1) The availability of moderate income housing is an issue of statewide concern. To
             953      this end:
             954          (a) municipalities should afford a reasonable opportunity for a variety of housing,
             955      including moderate income housing, to meet the needs of people desiring to live there; and
             956          (b) moderate income housing should be encouraged to allow persons with moderate
             957      incomes to benefit from and to fully participate in all aspects of neighborhood and community


             958      life.
             959          (2) As used in this section:
             960          (a) "Moderate income housing" means housing occupied or reserved for occupancy by
             961      households with a gross household income equal to or less than 80% of the median gross
             962      income of the metropolitan statistical area for households of the same size.
             963          (b) "Plan for moderate income housing" or "plan" means a written document adopted
             964      by a municipal legislative body that includes:
             965          (i) an estimate of the existing supply of moderate income housing located within the
             966      municipality;
             967          (ii) an estimate of the need for moderate income housing in the municipality for the
             968      next five years as revised annually;
             969          (iii) a survey of total residential zoning;
             970          (iv) an evaluation of how existing zoning densities affect opportunities for moderate
             971      income housing; and
             972          (v) a description of the municipality's program to encourage an adequate supply of
             973      moderate income housing.
             974          (3) Before December 31, 1998, each municipal legislative body shall, as part of its
             975      general plan, adopt a plan for moderate income housing within that municipality.
             976          (4) A plan may provide moderate income housing by any means or combination of
             977      techniques which provide a realistic opportunity to meet estimated needs. The plan may include
             978      an analysis of why the means or techniques selected provide a realistic opportunity to meet the
             979      objectives of this section. Such techniques may include:
             980          (a) rezoning for densities necessary to assure the economic viability of inclusionary
             981      developments, either through mandatory set asides or density bonuses;
             982          (b) infrastructure expansion and rehabilitation that will facilitate the construction of
             983      moderate income housing;
             984          (c) rehabilitation of existing uninhabitable housing stock;
             985          (d) consideration of waiving construction related fees generally imposed by the
             986      municipality;
             987          (e) utilization of state or federal funds or tax incentives to promote the construction of
             988      moderate income housing;


             989          (f) utilization of programs offered by the Utah Housing Corporation within that
             990      agency's funding capacity; and
             991          (g) utilization of affordable housing programs administered by the Department of
             992      Community and Economic Development.
             993          (5) (a) After adoption of a plan for moderate income housing under Subsection (3), the
             994      legislative body of each city that is located within a county of the first or second class and of
             995      each other city [with a population over 10,000] of the first, second, third, or fourth class shall
             996      annually:
             997          (i) review the plan and its implementation; and
             998          (ii) prepare a report setting forth the findings of the review.
             999          (b) Each report under Subsection (5)(a)(ii) shall include a description of:
             1000          (i) efforts made by the municipality to reduce, mitigate, or eliminate local regulatory
             1001      barriers to moderate income housing;
             1002          (ii) actions taken by the municipality to encourage preservation of existing moderate
             1003      income housing and development of new moderate income housing;
             1004          (iii) progress made within the municipality to provide moderate income housing, as
             1005      measured by permits issued for new units of moderate income housing; and
             1006          (iv) efforts made by the municipality to coordinate moderate income housing plans and
             1007      actions with neighboring municipalities.
             1008          (c) The legislative body of each city that is located within a county of the first or
             1009      second class and of each other city [with a population over 10,000] of the first, second, third, or
             1010      fourth class shall send a copy of the report under Subsection (5)(a)(ii) to the Department of
             1011      Community and Economic Development and the association of governments in which the
             1012      municipality is located.
             1013          Section 41. Section 10-11-1 is amended to read:
             1014           10-11-1. Abatement of weeds, garbage, refuse, and unsightly objects.
             1015          [The city commissioners of cities of the first and second class and the city councils of
             1016      the cities of the third class, and the board of trustees of towns,] A municipal legislative body
             1017      may designate, and regulate the abatement of, injurious and noxious weeds, garbage, refuse, or
             1018      any unsightly or deleterious objects or structures, and may appoint a [city] municipal inspector
             1019      for the purpose of carrying out the provisions of this chapter.


             1020          Section 42. Section 10-17-102 is amended to read:
             1021           10-17-102. Definitions.
             1022          As used in this chapter:
             1023          (1) "Animal" means a cat or dog.
             1024          (2) "Animal shelter" means a facility or program:
             1025          (a) providing services for stray, lost, or unwanted animals, including holding and
             1026      placing the animals for adoption, but does not include an institution conducting research on
             1027      animals, as defined in Section 26-26-1 ; and
             1028          (b) operated by:
             1029          (i) a first or second class county as defined in Section 17-50-501 ;
             1030          (ii) a [municipality with a population of 40,000 or greater] city of the first, second, or
             1031      third class;
             1032          (iii) a first or second class county operating the shelter jointly with any municipality; or
             1033          (iv) a private humane society or private animal welfare organization located within a
             1034      first or second class county or within a [municipality with a population of 40,000 or greater]
             1035      city of the first, second, or third class.
             1036          (3) "Person" means an individual, an entity, or a representative of an entity.
             1037          (4) "Proof of sterilization" means a written document signed by a veterinarian licensed
             1038      under Title 58, Chapter 28, Veterinary Practice Act, stating:
             1039          (a) a specified animal has been sterilized;
             1040          (b) the date on which the sterilization was performed; and
             1041          (c) the location where the sterilization was performed.
             1042          (5) "Recipient" means the person to whom an animal shelter transfers an animal for
             1043      adoption.
             1044          (6) "Sterilization deposit" means the portion of a fee charged by an animal shelter to a
             1045      recipient or claimant of an unsterilized animal to ensure the animal is timely sterilized in
             1046      accordance with an agreement between the recipient or the claimant and the animal shelter.
             1047          (7) "Sterilized" means that an animal has been surgically altered, either by the spaying
             1048      of a female animal or by the neutering of a male animal, so it is unable to reproduce.
             1049          (8) "Transfer" means that an animal shelter sells, gives away, places for adoption, or
             1050      transfers an animal to a recipient.


             1051          Section 43. Section 11-14-3 is amended to read:
             1052           11-14-3. Notice of election -- Contents -- Publication -- Mailing.
             1053          (1) (a) Notice of the election shall be published once a week during three consecutive
             1054      weeks in a newspaper designated in accordance with Section 11-14-21 , the first publication to
             1055      be not less than 21 nor more than 35 days before the election.
             1056          (b) If no official newspaper is designated, the notices shall be published in a newspaper
             1057      published in the municipality, or if no newspaper is published in the municipality, the notices
             1058      shall be published in a newspaper having general circulation in the municipality.
             1059          (2) When the debt service on the bonds to be issued will increase the property tax
             1060      imposed upon the average value of a residence by an amount that is greater than or equal to $15
             1061      per year, the governing body shall, at least seven days but not more than 30 days before the
             1062      bond election, if the bond election is not held on the date of a regular primary election, a
             1063      municipal primary election, a regular general election, or a municipal general election, either
             1064      mail:
             1065          (a) written notice of the bond election on a minimum three inch by five inch postcard
             1066      to every household containing a registered voter who is eligible to vote on the bonds; or
             1067          (b) a voter information pamphlet prepared by the governing body, if one is prepared,
             1068      that includes the information required by Subsection (4).
             1069          (3) (a) Except as provided in Subsection (3)(b), election notice given for any bond
             1070      election held in this state need not be posted by any persons.
             1071          (b) (i) In a city of the third, fourth, or fifth class [cities] or [towns] a town where no
             1072      newspaper is published, the governing body may require that notice of a bond election be given
             1073      by posting in lieu of the publication requirements of Subsection (1).
             1074          (ii) When the governing body imposes a posting requirement, the city recorder, town
             1075      clerk, or other officer designated by the governing body shall post notice of the bond election in
             1076      at least five public places in the city or town at least 21 days before the election.
             1077          (4) The printed, posted, and mailed notice required by this section shall identify:
             1078          (a) the date and place of the election;
             1079          (b) the hours during which the polls will be open; and
             1080          (c) the purpose for which the bonds are to be issued, the maximum amount of bonds to
             1081      be issued, and the maximum number of years to maturity of the bonds.


             1082          (5) The governing body shall pay the costs associated with the printed, posted, and
             1083      mailed notice required by this section.
             1084          Section 44. Section 17-42-102 is amended to read:
             1085           17-42-102. Definitions.
             1086          As used in this chapter:
             1087          (1) "Animal" means a cat or dog.
             1088          (2) "Animal shelter" means a facility or program:
             1089          (a) providing services for stray, lost, or unwanted animals, including holding and
             1090      placing the animals for adoption, but does not include an institution conducting research on
             1091      animals, as defined in Section 26-26-1 ; and
             1092          (b) operated by:
             1093          (i) a first or second class county as defined in Section 17-50-501 ;
             1094          (ii) a [municipality with a population of 40,000 or greater] city of the first, second, or
             1095      third class;
             1096          (iii) a first or second class county operating the shelter jointly with any municipality; or
             1097          (iv) a private humane society or private animal welfare organization located within a
             1098      first or second class county or within a [municipality with a population of 40,000 or greater]
             1099      city of the first, second, or third class.
             1100          (3) "Person" means an individual, an entity, or a representative of an entity.
             1101          (4) "Proof of sterilization" means a written document signed by a veterinarian licensed
             1102      under Title 58, Chapter 28, Veterinary Practice Act, stating:
             1103          (a) a specified animal has been sterilized;
             1104          (b) the date on which the sterilization was performed; and
             1105          (c) the location where the sterilization was performed.
             1106          (5) "Recipient" means the person to whom an animal shelter transfers an animal for
             1107      adoption.
             1108          (6) "Sterilization deposit" means the portion of a fee charged by an animal shelter to a
             1109      recipient or claimant of an unsterilized animal to ensure the animal is timely sterilized in
             1110      accordance with an agreement between the recipient or the claimant and the animal shelter.
             1111          (7) "Sterilized" means that an animal has been surgically altered either by the spaying
             1112      of a female animal or by the neutering of a male animal, so it is unable to reproduce.


             1113          (8) "Transfer" means that an animal shelter sells, gives away, places for adoption, or
             1114      transfers an animal to a recipient.
             1115          Section 45. Section 17A-2-1302 is amended to read:
             1116           17A-2-1302. Definitions.
             1117          As used in this part:
             1118          (1) "County" means a county of this state and includes any such county regardless of
             1119      the form of government under which it is operating.
             1120          (2) "Facility" or "facilities" means any structure, building, system, land, water right,
             1121      and other real and personal property required to provide any service authorized by Section
             1122      17A-2-1304 , including, without limitation, all related and appurtenant easements and
             1123      rights-of-way, improvements, utilities, landscaping, sidewalks, roads, curbs and gutters, and
             1124      equipment and furnishings.
             1125          (3) "Governing authority" means the board or body, however designated, in which the
             1126      general legislative powers of a county, municipality, or improvement district are vested [and
             1127      includes the board of commissioners of a county or a city of the first or second class, the city
             1128      council of a city of the third class, the town council of a town, and the board of trustees of an
             1129      improvement district].
             1130          (4) "Guaranteed bonds" mean bonds the annual debt service on which is or will be
             1131      guaranteed by one or more taxpayers owning property within the boundaries of the service
             1132      district.
             1133          (5) "Improvement district" means an improvement district established under Chapter 2,
             1134      Part 3, County Improvement Districts for Water, Sewerage, Flood Control, Electric and Gas.
             1135          (6) "Municipality" means a city or town of this state.
             1136          (7) "Service district" means a special service district established in the manner
             1137      provided by this part under Article XIV, Section 8 of the Constitution of Utah.
             1138          Section 46. Section 17A-2-1308 is amended to read:
             1139           17A-2-1308. Publication of notice.
             1140          The notice of intention to establish a service district shall be published at least once a
             1141      week during three consecutive weeks, the first publication to be not less than 21 days nor more
             1142      than 35 days before the hearing, in a newspaper having general circulation in the county or
             1143      municipality proposing the establishment of the service district; except for service districts


             1144      located entirely within [cities] a city of the third, fourth, or fifth class or [towns] a town where
             1145      there is no newspaper published in the city or town, the governing authority of that city or town
             1146      may provide that the notice of intention may be given by posting in lieu of publication of the
             1147      notice. In this event the notice of intention shall be posted by the city recorder, town clerk, or
             1148      other officer designated by the governing authority in at least five public places in the city or
             1149      town at least 21 days before the hearing. If the service district proposed to be established by a
             1150      county includes any part of another county or counties or improvement district or if proposed
             1151      by a municipality includes any part of another municipality or improvement district, the notice
             1152      of intention shall also be published or posted in each such other county or counties,
             1153      municipality or municipalities, or improvement district, as the case may be.
             1154          Section 47. Section 17A-3-306 is amended to read:
             1155           17A-3-306. Notice of intention to create district -- Publication -- Mailing.
             1156          (1) (a) The notice of intention shall be published in a newspaper published in the
             1157      municipality, or if there is no newspaper published in the municipality, then in a newspaper
             1158      having general circulation in the municipality.
             1159          (b) In a city of the third, fourth, or fifth class or a town where there is no newspaper
             1160      published or of general circulation in the city or town, the governing body may provide that the
             1161      notice of intention be given by posting in lieu of publication of this notice.
             1162          (2) If the notice is published, it shall be published once during each week for four
             1163      successive weeks, the last publication to be at least five days and not more than 20 days prior to
             1164      the time fixed in the notice as the last day for filing of protests.
             1165          (3) If the notice is posted, it shall be posted in at least three public places in the
             1166      municipality at least 20 and not more than 35 days prior to the time fixed in the notice as the
             1167      last day for the filing of protests.
             1168          (4) (a) No later than ten days after the first publication or posting of the notice, it shall
             1169      be mailed, postage prepaid:
             1170          (i) addressed to each owner of property to be assessed within the special improvement
             1171      district at the last-known address of that owner using for this purpose the names and addresses
             1172      appearing on the last completed real property assessment rolls of the county in which the
             1173      property is located; and
             1174          (ii) addressed to "owner" at the street number of each piece of improved property to be


             1175      assessed.
             1176          (b) If a street number has not been assigned, then the post office box, rural route
             1177      number, or any other mailing address of the improved property shall be used for the mailing of
             1178      the notice under Subsection (4)(a)(ii).
             1179          Section 48. Section 17A-3-317 is amended to read:
             1180           17A-3-317. Assessment list -- Board of equalization and review -- Hearings --
             1181      Appeal -- Corrections -- Report -- Waiver of objections.
             1182          (1) Before an assessment is levied, an assessment list shall be prepared designating
             1183      each parcel of property proposed to be assessed and the amount of the assessment apportioned
             1184      to this property as provided in this part.
             1185          (2) (a) Upon completion of the assessment list, the governing body shall:
             1186          (i) appoint a board of equalization and review consisting of three or more of the
             1187      members of the governing body or, at the option of the governing body of any municipality,
             1188      consisting of the municipal recorder or a designee, the municipal engineer or public works
             1189      director or a designee, or the municipal attorney or a designee; and
             1190          (ii) give public notice of the completion of the assessment list and of the time and place
             1191      of the holding of public hearings relating to the proposed assessments.
             1192          (b) If the board of equalization and review consists of other than members of the
             1193      governing body of the municipality, appeal from a decision of the board of equalization and
             1194      review shall be taken to the governing body of the municipality by filing a written notice of
             1195      appeal in the offices of the city or town recorder within 15 days from the date the board's final
             1196      report to the governing body is mailed to the affected property owners as provided in
             1197      Subsection (7).
             1198          (3) (a) The notice shall be published in a newspaper published in the municipality or, if
             1199      there is no newspaper published in the municipality, in a newspaper having general circulation
             1200      in the municipality. In [cities] a city of the third, fourth, or fifth class or [towns] a town where
             1201      there is no newspaper published, the governing body may provide that the notice be given by
             1202      posting in lieu of publication.
             1203          (b) The notice shall be published at least one time or, if posted, shall be posted in at
             1204      least three public places in the municipality. In either case, the first publication or posting shall
             1205      be at least 20 and not more than 35 days prior to the date the board will begin its hearings.


             1206          (4) Not later than ten days after the first publication or posting of the notice, the notice
             1207      shall be mailed, postage prepaid:
             1208          (a) addressed to each owner of property to be assessed within the special improvement
             1209      district at the last-known address of the owner, using for this purpose the names and addresses
             1210      appearing on the last completed real property assessment rolls of the county in which the
             1211      property is located; and
             1212          (b) addressed to "owner" at the street number of each piece of improved property to be
             1213      assessed. If a street number has not been assigned, then the post office box, rural route
             1214      number, or any other mailing address of the improved property shall be used for the mailing of
             1215      the notice.
             1216          (5) The board of equalization and review shall convene at the time and place specified
             1217      in the notice. Hearings shall be held on not less than three consecutive days for at least one
             1218      hour between [9:00] 9 a.m. and [9:00] 9 p.m. as specified in the notice. The hearings may be
             1219      adjourned or recessed from time to time to a specific place and a specific hour and day until the
             1220      work of the board shall have been completed. At each hearing the board shall hear arguments
             1221      from any person who believes himself to be aggrieved, including arguments relating to the
             1222      benefits accruing to any tract, block, lot, or parcel of property in the district or relating to the
             1223      amount of the proposed assessment against that tract, block, lot, or parcel.
             1224          (6) (a) After the hearings have been completed, the board shall consider all facts and
             1225      arguments presented and shall make those corrections in any proposed assessment as it may
             1226      consider just and equitable. These corrections may eliminate one or more pieces of property or
             1227      may increase or decrease the amount of the assessment proposed to be levied against any piece
             1228      of property.
             1229          (b) If the corrections result in an increase of any proposed assessment, before
             1230      approving the corrected assessment list, the board shall cause to be mailed, to each owner of
             1231      property whose assessment is to be increased, a notice stating that the assessment will be
             1232      increased, the amount of the proposed new assessment, that a hearing will be held at which the
             1233      owner may appear and make any objections to the increase, and the time and place of the
             1234      hearing. The notice shall be mailed to the last known address of the owner, using for this
             1235      purpose the names and addresses appearing on the last completed real property assessment rolls
             1236      of the county where the affected property is located. A copy of the notice shall be addressed to


             1237      "owner" and shall be so mailed addressed to the street number of each piece of improved
             1238      property to be affected by the increased assessment. If a street number has not been assigned,
             1239      then the post office box, rural route number, or any other mailing address of the improved
             1240      property shall be used for the mailing of the notice. The notice shall be mailed at least 15 days
             1241      prior to the date stated in the notice for the holding of the new hearing.
             1242          (7) (a) After all corrections have been made and all hearings, including hearings under
             1243      Subsection (6), have been held, the board shall report to the governing body its findings that
             1244      each piece of property within the special improvement district will be benefited in an amount
             1245      not less than the assessment to be levied against the property, and that no piece of property
             1246      listed on the assessment will bear more than its proportionate share of the cost of the
             1247      improvement.
             1248          (b) The board shall cause to be mailed a copy of the board's final report to each owner
             1249      of property who objected at the hearings of the board to the assessment proposed to be levied
             1250      against his property.
             1251          (c) The findings of the board, when approved by the governing body or after passage of
             1252      time for appeal and review by the governing body of the city, shall be final and, except as
             1253      provided in Subsection (2)(b), no appeal may be taken from them.
             1254          (d) After receipt of the report from the board and the running of the appeal period
             1255      provided in Subsection (2)(b), if applicable, the governing body may proceed with the levy of
             1256      the assessments.
             1257          (8) Each person whose property is subject to assessment and who fails to appear before
             1258      the board of equalization and review to raise his objections to the levy of the assessment shall
             1259      be deemed to have waived all objections to the levy except the objection that the governing
             1260      body failed to obtain jurisdiction to order the making of the improvements which the
             1261      assessment is intended to pay.
             1262          Section 49. Section 17A-3-407 is amended to read:
             1263           17A-3-407. Publication or posting of notice.
             1264          (1) The notice of intention to establish a district shall be published at least once a week
             1265      during three consecutive weeks, the first publication to be not less than 21 days nor more than
             1266      35 days before the hearing, in a newspaper published or of general circulation in the county or
             1267      municipality proposing the establishment of the district.


             1268          (2) (a) If a district is located entirely within a city of the third, fourth, or fifth class or
             1269      town where there is no newspaper published or of general circulation in the city or town, the
             1270      governing authority of that city or town may provide that the notice of intention may be given
             1271      by posting in lieu of publication of the notice.
             1272          (b) The notice of intention under Subsection (2)(a) shall be posted by the city recorder,
             1273      town clerk, or other officer designated by the governing authority in at least five public places
             1274      in the city or town at least 21 days before the hearing.
             1275          Section 50. Section 20A-5-301 is amended to read:
             1276           20A-5-301. Combined voting precincts -- Municipalities.
             1277          (1) (a) The municipal legislative body of [cities] a city of the first [and] or second class
             1278      may combine two regular county voting precincts into one municipal voting precinct for
             1279      purposes of a municipal election if they designate the location and address of each of those
             1280      combined voting precincts.
             1281          (b) The polling place shall be within the combined voting precinct or within 1/2 mile
             1282      of the boundaries of the voting precinct.
             1283          (2) (a) The municipal legislative body of [cities] a city of the third, fourth, or fifth class
             1284      [and towns] or town may combine two or more regular county voting precincts into one
             1285      municipal voting precinct for purposes of an election if [they designate] it designates the
             1286      location and address of that combined voting precinct.
             1287          (b) If only two precincts are combined, the polling place shall be within the combined
             1288      precinct or within 1/2 mile of the boundaries of the combined voting precinct.
             1289          (c) If more than two precincts are combined, the polling place should be as near as
             1290      practical to the middle of the combined precinct.
             1291          Section 51. Section 20A-7-601 is amended to read:
             1292           20A-7-601. Referenda -- General signature requirements -- Signature
             1293      requirements for land use laws -- Time requirements.
             1294          (1) Except as provided in Subsection (2), a person seeking to have a law passed by the
             1295      local legislative body submitted to a vote of the people shall obtain legal signatures equal to:
             1296          (a) 10% of all the votes cast in the county, city, or town for all candidates for governor
             1297      at the last election at which a governor was elected if the total number of votes exceeds 25,000;
             1298          (b) 12-1/2% of all the votes cast in the county, city, or town for all candidates for


             1299      governor at the last election at which a governor was elected if the total number of votes does
             1300      not exceed 25,000 but is more than 10,000;
             1301          (c) 15% of all the votes cast in the county, city, or town for all candidates for governor
             1302      at the last election at which a governor was elected if the total number of votes does not exceed
             1303      10,000 but is more than 2,500;
             1304          (d) 20% of all the votes cast in the county, city, or town for all candidates for governor
             1305      at the last election at which a governor was elected if the total number of votes does not exceed
             1306      2,500 but is more than 500;
             1307          (e) 25% of all the votes cast in the county, city, or town for all candidates for governor
             1308      at the last election at which a governor was elected if the total number of votes does not exceed
             1309      500 but is more than 250; and
             1310          (f) 30% of all the votes cast in the county, city, or town for all candidates for governor
             1311      at the last election at which a governor was elected if the total number of votes does not exceed
             1312      250.
             1313          (2) (a) As used in this Subsection (2), "land use law" includes a land use development
             1314      code, an annexation ordinance, and comprehensive zoning ordinances.
             1315          (b) A person seeking to have a land use law passed by the local legislative body
             1316      submitted to a vote of the people shall obtain legal signatures equal to:
             1317          (i) in [counties and] a county or in a city of the first [and] or second class [cities], 20%
             1318      of all votes cast in the county or city for all candidates for governor at the last election at which
             1319      a governor was elected; and
             1320          (ii) in a city of the third, fourth, or fifth class [cities and towns] or a town, 35% of all
             1321      the votes cast in the city or town for all candidates for governor at the last election at which a
             1322      governor was elected.
             1323          (3) (a) Sponsors of any referendum petition challenging, under Subsection (1) or (2),
             1324      any local law passed by a local legislative body shall file the petition within 35 days after the
             1325      passage of the local law.
             1326          (b) The local law remains in effect until repealed by the voters via referendum.
             1327          (4) If the referendum passes, the local law that was challenged by the referendum is
             1328      repealed as of the date of the election.
             1329          Section 52. Section 20A-9-404 is amended to read:


             1330           20A-9-404. Municipal primary elections.
             1331          (1) (a) Except as otherwise provided in this section, candidates for municipal office in
             1332      all municipalities shall be nominated at a municipal primary election.
             1333          (b) Municipal primary elections shall be held:
             1334          (i) on the Tuesday following the first Monday in the October before the regular
             1335      municipal election; and
             1336          (ii) whenever possible, at the same polling places as the regular municipal election.
             1337          (2) If the number of candidates for a particular municipal office does not exceed twice
             1338      the number of persons needed to fill that office, a primary election for that office may not be
             1339      held and the candidates are considered nominated.
             1340          (3) (a) For purposes of this Subsection (3), "convention" means an organized assembly
             1341      of voters or delegates.
             1342          (b) (i) By ordinance adopted before the June 1 before a regular municipal election, any
             1343      third, fourth, or fifth class city or town may exempt itself from a primary election by providing
             1344      that the nomination of candidates for municipal office to be voted upon at a municipal election
             1345      be nominated by a political party convention or committee.
             1346          (ii) Any primary election exemption ordinance adopted under the authority of this
             1347      subsection remains in effect until repealed by ordinance.
             1348          (c) (i) A convention or committee may not nominate more than one group of
             1349      candidates or have placed on the ballot more than one group of candidates for the municipal
             1350      offices to be voted upon at the municipal election.
             1351          (ii) A convention or committee may nominate a person who has been nominated by a
             1352      different convention or committee.
             1353          (iii) A political party may not have more than one group of candidates placed upon the
             1354      ballot and may not group the same candidates on different tickets by the same party under a
             1355      different name or emblem.
             1356          (d) (i) The convention or committee shall prepare a certificate of nomination for each
             1357      person nominated.
             1358          (ii) The certificate of nomination shall:
             1359          (A) contain the name of the office for which each person is nominated, the name, post
             1360      office address, and, if in a city, the street number of residence and place of business, if any, of


             1361      each person nominated;
             1362          (B) designate in not more than five words the political party that the convention or
             1363      committee represents;
             1364          (C) contain a copy of the resolution passed at the convention that authorized the
             1365      committee to make the nomination;
             1366          (D) contain a statement certifying that the name of the candidate nominated by the
             1367      political party will not appear on the ballot as a candidate for any other political party;
             1368          (E) be signed by the presiding officer and secretary of the convention or committee;
             1369      and
             1370          (F) contain a statement identifying the residence and post office address of the
             1371      presiding officer and secretary and certifying that the presiding officer and secretary were
             1372      officers of the convention or committee and that the certificates are true to the best of their
             1373      knowledge and belief.
             1374          (iii) Certificates of nomination shall be filed with the clerk not later than the sixth
             1375      Tuesday before the November municipal election.
             1376          (e) A committee appointed at a convention, if authorized by an enabling resolution,
             1377      may also make nominations or fill vacancies in nominations made at a convention.
             1378          (f) The election ballot shall substantially comply with the form prescribed in Title 20A,
             1379      Chapter 6, Part 4, Ballot Form Requirements for Municipal Elections, but the party name shall
             1380      be included with the candidate's name.
             1381          (4) (a) Any third, fourth, or fifth class city may adopt an ordinance before the July 1
             1382      before the regular municipal election that:
             1383          (i) exempts the city from the other methods of nominating candidates to municipal
             1384      office provided in this section; and
             1385          (ii) provides for a partisan primary election method of nominating candidates as
             1386      provided in this Subsection (4).
             1387          (b) (i) Any party that was a registered political party at the last regular general election
             1388      or regular municipal election is a municipal political party under this section.
             1389          (ii) Any political party may qualify as a municipal political party by presenting a
             1390      petition to the city recorder that:
             1391          (A) is signed by registered voters within the municipality equal to at least 20% of the


             1392      number of votes cast for all candidates for mayor in the last municipal election at which a
             1393      mayor was elected;
             1394          (B) is filed with the city recorder by the seventh Tuesday before the date of the
             1395      municipal primary election;
             1396          (C) is substantially similar to the form of the signature sheets described in Section
             1397      20A-7-303 ; and
             1398          (D) contains the name of the municipal political party using not more than five words.
             1399          (c) (i) If the number of candidates for a particular office does not exceed twice the
             1400      number of offices to be filled at the regular municipal election, no partisan primary election for
             1401      that office shall be held and the candidates are considered to be nominated.
             1402          (ii) If the number of candidates for a particular office exceeds twice the number of
             1403      offices to be filled at the regular municipal election, those candidates for municipal office shall
             1404      be nominated at a partisan primary election.
             1405          (d) The clerk shall ensure that:
             1406          (i) the partisan municipal primary ballot is similar to the ballot forms required by
             1407      Sections 20A-6-401 and 20A-6-401.1 ;
             1408          (ii) the candidates for each municipal political party are listed in one or more columns
             1409      under their party name and emblem;
             1410          (iii) the names of candidates of all parties are printed on the same ballot, but under
             1411      their party designation;
             1412          (iv) every ballot is folded and perforated so as to separate the candidates of one party
             1413      from those of the other parties and so as to enable the elector to separate the part of the ballot
             1414      containing the names of the party of his choice from the remainder of the ballot; and
             1415          (v) the side edges of all ballots are perforated so that the outside sections of the ballots,
             1416      when detached, are similar in appearance to inside sections when detached.
             1417          (e) After marking a municipal primary ballot, the voter shall:
             1418          (i) detach the part of the ballot containing the names of the candidates of the party he
             1419      has voted from the rest of the ballot;
             1420          (ii) fold the detached part so that its face is concealed and deposit it in the ballot box;
             1421      and
             1422          (iii) fold the remainder of the ballot containing the names of the candidates of the


             1423      parties for whom the elector did not vote and deposit it in the blank ballot box.
             1424          (f) Immediately after the canvass, the election judges shall, without examination,
             1425      destroy the tickets deposited in the blank ballot box.
             1426          Section 53. Section 32A-2-101 is amended to read:
             1427           32A-2-101. Commission's power to establish state stores -- Limitations.
             1428          (1) The commission may establish state stores in numbers and at places, owned or
             1429      leased by the department, it considers proper for the sale of liquor, by employees of the state, in
             1430      accordance with this title and the rules made under this title. Employees of state stores are
             1431      considered employees of the department and shall meet all qualification requirements for
             1432      employment outlined in Section 32A-1-111 .
             1433          (2) The total number of state stores may not at any time aggregate more than that
             1434      number determined by dividing the population of the state by 48,000. Population shall be
             1435      determined by the most recent United States decennial or special census or by any other
             1436      population determination made by the United States or state governments.
             1437          (3) (a) A state store may not be established within 600 feet of any public or private
             1438      school, church, public library, public playground, or park as measured by the method in
             1439      Subsection (4).
             1440          (b) A state store may not be established within 200 feet of any public or private school,
             1441      church, public library, public playground, or park measured in a straight line from the nearest
             1442      entrance of the proposed state store to the nearest property boundary of the public or private
             1443      school, church, public library, public playground, or park.
             1444          (c) The restrictions contained in Subsections (3)(a) and (b) govern unless one of the
             1445      following exceptions applies:
             1446          (i) The commission finds after full investigation that the premises are located within a
             1447      city of the third, fourth, or fifth class or a town, and compliance with the distance requirements
             1448      would result in peculiar and exceptional practical difficulties or exceptional and undue
             1449      hardships in the establishment of a state store. In that event, the commission may, after giving
             1450      full consideration to all of the attending circumstances, following a public hearing in the city or
             1451      town, and where practical in the neighborhood concerned, authorize a variance from the
             1452      distance requirements to relieve the difficulties or hardships if the variance may be granted
             1453      without substantial detriment to the public good and without substantially impairing the intent


             1454      and purpose of this title.
             1455          (ii) With respect to the establishment of a state store in any location, the commission
             1456      may, after giving full consideration to all of the attending circumstances, following a public
             1457      hearing in the county, and where practical in the neighborhood concerned, reduce the proximity
             1458      requirements in relation to a church if the local governing body of the church in question gives
             1459      its written approval.
             1460          (4) With respect to any public or private school, church, public library, public
             1461      playground, or park, the 600 foot limitation is measured from the nearest entrance of the state
             1462      store by following the shortest route of either ordinary pedestrian traffic or, where applicable,
             1463      vehicular travel along public thoroughfares, whichever is the closer, to the property boundary
             1464      of the public or private school, church, public library, public playground, school playground, or
             1465      park.
             1466          (5) Nothing in this section prevents the commission from considering the proximity of
             1467      any educational, religious, and recreational facility, or any other relevant factor in reaching a
             1468      decision on a proposed location. For purposes of this subsection, "educational facility"
             1469      includes nursery schools, infant day care centers, and trade and technical schools.
             1470          Section 54. Section 32A-3-101 is amended to read:
             1471           32A-3-101. Commission's power to establish package agencies -- Limitations.
             1472          (1) (a) The commission may, when considered necessary, create package agencies by
             1473      entering into contractual relationships with persons to sell liquor in sealed packages from
             1474      premises other than those owned or leased by the state.
             1475          (b) The commission shall authorize a person to operate a package agency by issuing a
             1476      certificate from the commission that designates the person in charge of the agency as a
             1477      "package agent" as defined under Section 32A-1-105 .
             1478          (2) (a) Subject to this Subsection (2), the total number of package agencies may not at
             1479      any time aggregate more than that number determined by dividing the population of the state
             1480      by 18,000.
             1481          (b) For purposes of Subsection (2)(a), population shall be determined by:
             1482          (i) the most recent United States decennial or special census; or
             1483          (ii) any other population determination made by the United States or state
             1484      governments.


             1485          (c) The commission may establish seasonal package agencies established in areas and
             1486      for periods it considers necessary. A seasonal package agency may not be operated for a period
             1487      longer than nine consecutive months subject to the restrictions stated in Subsections (2)(c)(i)
             1488      through (iii).
             1489          (i) A package agency established for operation during a summer time period is known
             1490      as a "Seasonal A" package agency. The period of operation for a "Seasonal A" agency may
             1491      begin as early as February 1 and may continue until October 31.
             1492          (ii) A package agency established for operation during a winter time period is known as
             1493      a "Seasonal B" package agency. The period of operation for a "Seasonal B" agency may begin
             1494      as early as September 1 and may continue until May 31.
             1495          (iii) In determining the number of package agencies that the commission may establish
             1496      under this section:
             1497          (A) a seasonal package agency is counted as one half of one package agency;
             1498          (B) each "Seasonal A" agency shall be paired with a "Seasonal B" agency; and
             1499          (C) the total number of months that each combined pair may be established for
             1500      operation may not exceed 12 months for each calendar year.
             1501          (d) (i) If the location, design, and construction of a hotel may require more than one
             1502      package agency sales location to serve the public convenience, the commission may authorize a
             1503      single package agent to sell liquor at as many as three locations within the hotel under one
             1504      package agency if:
             1505          (A) the hotel has a minimum of 150 guest rooms; and
             1506          (B) all locations under the agency are:
             1507          (I) within the same hotel facility; and
             1508          (II) on premises that are managed or operated and owned or leased by the package
             1509      agent.
             1510          (ii) Facilities other than hotels may not have more than one sales location under a
             1511      single package agency.
             1512          (3) (a) As measured by the method in Subsection (4), a package agency may not be
             1513      established within 600 feet of any:
             1514          (i) public or private school;
             1515          (ii) church;


             1516          (iii) public library;
             1517          (iv) public playground; or
             1518          (v) park.
             1519          (b) A package agency may not be established within 200 feet of any public or private
             1520      school, church, public library, public playground, or park, measured in a straight line from the
             1521      nearest entrance of the proposed package agency to the nearest property boundary of the public
             1522      or private school, church, public library, public playground, or park.
             1523          (c) The restrictions contained in Subsections (3)(a) and (b) govern unless Subsection
             1524      (3)(c)(i) or (ii) applies.
             1525          (i) If the commission finds after full investigation that the premises are located within a
             1526      city of the third, fourth, or fifth class or a town, and compliance with the distance requirements
             1527      would result in peculiar and exceptional practical difficulties or exceptional and undue
             1528      hardships in the establishment of a package agency, the commission may authorize a variance
             1529      from the distance requirement to relieve the difficulties or hardships:
             1530          (A) after giving full consideration to all of the attending circumstances;
             1531          (B) following a public hearing in:
             1532          (I) the city or town concerned; and
             1533          (II) where practical, in the neighborhood concerned; and
             1534          (C) if the variance may be granted without:
             1535          (I) substantial detriment to the public good; and
             1536          (II) substantially impairing the intent and purpose of this title.
             1537          (ii) With respect to the establishment of a package agency in any location, the
             1538      commission may reduce the proximity requirements in relation to a church:
             1539          (A) after giving full consideration to all of the attending circumstances;
             1540          (B) following a public hearing in:
             1541          (I) the county concerned; and
             1542          (II) where practical, in the neighborhood concerned; and
             1543          (C) if the local governing body of the church in question gives its written approval.
             1544          (4) With respect to any public or private school, church, public library, public
             1545      playground, or park, the 600 foot limitation is measured from the nearest entrance of the
             1546      package agency by following the shortest route of either ordinary pedestrian traffic, or where


             1547      applicable, vehicular travel along public thoroughfares, whichever is the closer, to the property
             1548      boundary of the public or private school, church, public library, public playground, school
             1549      playground, or park.
             1550          (5) (a) Nothing in this section prevents the commission from considering the proximity
             1551      of any educational, religious, and recreational facility, or any other relevant factor in reaching a
             1552      decision on a proposed location.
             1553          (b) For purposes of Subsection (5)(a), "educational facility" includes:
             1554          (i) a nursery school;
             1555          (ii) an infant day care center; and
             1556          (iii) a trade and technical school.
             1557          (6) (a) The package agent, under the direction of the department, shall be responsible
             1558      for implementing and enforcing this title and the rules adopted under this title to the extent they
             1559      relate to the conduct of the agency and its sale of liquor.
             1560          (b) A package agent may not be, or construed to be, a state employee nor be otherwise
             1561      entitled to any benefits of employment from the state.
             1562          (c) A package agent, when selling liquor from a package agency, is considered an agent
             1563      of the state only to the extent specifically expressed in the package agency agreement.
             1564          (7) The commission may prescribe by policy, directive, or rule, consistent with this
             1565      title, general operational requirements of all package agencies relating to:
             1566          (a) physical facilities;
             1567          (b) conditions of operation;
             1568          (c) hours of operation;
             1569          (d) inventory levels;
             1570          (e) payment schedules;
             1571          (f) methods of payment;
             1572          (g) premises security; and
             1573          (h) any other matters considered appropriate by the commission.
             1574          Section 55. Section 32A-4-101 is amended to read:
             1575           32A-4-101. Commission's power to grant licenses -- Limitations.
             1576          (1) Before any restaurant may sell or allow the consumption of liquor on its premises,
             1577      it shall first obtain a license from the commission as provided in this part.


             1578          (2) The commission may issue restaurant liquor licenses for the purpose of establishing
             1579      restaurant liquor outlets at places and in numbers it considers proper for the storage, sale, and
             1580      consumption of liquor on premises operated as public restaurants.
             1581          (3) Subject to this Subsection (3), the total number of restaurant liquor licenses may
             1582      not at any time aggregate more than that number determined by dividing the population of the
             1583      state by 4,500. Population shall be determined by the most recent United States decennial or
             1584      special census or by any other population determination made by the United States or state
             1585      governments.
             1586          (a) The commission may issue seasonal restaurant liquor licenses established in areas
             1587      and for periods it considers necessary. A seasonal restaurant liquor license may not be
             1588      operated for a period longer than nine consecutive months subject to the following restrictions:
             1589          (i) Licenses issued for operation during summer time periods are known as "Seasonal
             1590      A" restaurant licenses. The period of operation for a "Seasonal A" restaurant license may begin
             1591      as early as February 1 and may continue until October 31.
             1592          (ii) Licenses issued for operation during winter time periods are known as "Seasonal
             1593      B" restaurant licenses. The period of operation for a "Seasonal B" restaurant license may begin
             1594      as early as September 1 and may continue until May 31.
             1595          (iii) In determining the number of restaurant liquor licenses that the commission may
             1596      issue under this section, seasonal licenses are counted as 1/2 of one restaurant liquor license.
             1597      Each "Seasonal A" license shall be paired with a "Seasonal B" license and the total number of
             1598      months that each combined pair may be issued for operation may not exceed 12 months for
             1599      each calendar year.
             1600          (b) If the location, design, and construction of a hotel may require more than one
             1601      restaurant liquor sales location within the hotel to serve the public convenience, the
             1602      commission may authorize the sale of liquor at as many as three restaurant locations within the
             1603      hotel under one license if the hotel has a minimum of 150 guest rooms and if all locations
             1604      under the license are within the same hotel facility and on premises that are managed or
             1605      operated and owned or leased by the licensee. Facilities other than hotels shall have a separate
             1606      restaurant liquor license for each restaurant where liquor is sold.
             1607          (4) (a) Restaurant liquor licensee premises may not be established within 600 feet of
             1608      any public or private school, church, public library, public playground, or park, as measured by


             1609      the method in Subsection (5).
             1610          (b) Restaurant liquor licensee premises may not be established within 200 feet of any
             1611      public or private school, church, public library, public playground, or park, measured in a
             1612      straight line from the nearest entrance of the proposed outlet to the nearest property boundary
             1613      of the public or private school, church, public library, public playground, or park.
             1614          (c) The restrictions contained in Subsections (4)(a) and (b) govern unless one of the
             1615      following exemptions applies:
             1616          (i) The commission finds after full investigation that the premises are located within a
             1617      city of the third, fourth, or fifth class, a town, or the unincorporated area of a county, and
             1618      compliance with the distance requirements would result in peculiar and exceptional practical
             1619      difficulties or exceptional and undue hardships in the granting of a restaurant liquor license. In
             1620      that event, the commission may, after giving full consideration to all of the attending
             1621      circumstances, following a public hearing in the city or town, and where practical in the
             1622      neighborhood concerned, authorize a variance from the distance requirements to relieve the
             1623      difficulties or hardships if the variance may be granted without substantial detriment to the
             1624      public good and without substantially impairing the intent and purpose of this title.
             1625          (ii) With respect to the establishment of a restaurant licensee in any location, the
             1626      commission may, after giving full consideration to all of the attending circumstances,
             1627      following a public hearing in the county, and where practical in the neighborhood concerned,
             1628      reduce the proximity requirements in relation to a church if the local governing body of the
             1629      church in question gives its written approval.
             1630          (iii) Any on-premises beer retailer licensee existing on March 1, 1990, need not comply
             1631      with the restrictions contained in Subsections (4)(a) and (b) if it applies for a restaurant liquor
             1632      license before January 1, 1991.
             1633          (5) With respect to any public or private school, church, public library, public
             1634      playground, or park, the 600 foot limitation is measured from the nearest entrance of the outlet
             1635      by following the shortest route of either ordinary pedestrian traffic, or where applicable,
             1636      vehicular travel along public thoroughfares, whichever is the closer, to the property boundary
             1637      of the public or private school, church, public library, public playground, school playground, or
             1638      park.
             1639          (6) Nothing in this section prevents the commission from considering the proximity of


             1640      any educational, religious, and recreational facility, or any other relevant factor in reaching a
             1641      decision on a proposed location. For purposes of this Subsection (6), "educational facility"
             1642      includes nursery schools, infant day care centers, and trade and technical schools.
             1643          Section 56. Section 32A-5-101 is amended to read:
             1644           32A-5-101. Commission's power to license private clubs -- Limitations.
             1645          (1) Before any private club may sell or allow the consumption of liquor on its
             1646      premises, it shall first obtain a license from the commission as provided in this chapter.
             1647          (2) The commission may issue private club liquor licenses to social clubs, recreational,
             1648      athletic, or kindred associations incorporated under the Utah Nonprofit Corporation and
             1649      Cooperative Association Act, which desire to maintain premises upon which alcoholic
             1650      beverages may be stored, sold, served, and consumed. All such licenses shall be issued in the
             1651      name of an officer or director of the club or association.
             1652          (3) A nonprofit corporation, association, or club or any officer, director, managing
             1653      agent, or employee of a nonprofit corporation, association, or club may not store, sell, serve, or
             1654      permit consumption of liquor upon its premises, under a permit issued by local authority or
             1655      otherwise, unless a private club liquor license has been first issued by the commission.
             1656      Violation of this Subsection is (3) a class A misdemeanor.
             1657          (4) Subject to this Subsection (4), the commission may issue private club liquor
             1658      licenses at places and in numbers as it considers necessary. The total number of private club
             1659      liquor licenses may not at any time aggregate more than that number determined by dividing
             1660      the population of the state by 7,000. Population shall be determined by the most recent United
             1661      States decennial or special census or by any other population determination made by the United
             1662      States or state governments.
             1663          (a) The commission may issue seasonal private club liquor licenses to be established in
             1664      areas and for periods as it considers necessary. A seasonal private club liquor license may not
             1665      be operated for a period longer than nine consecutive months subject to the following
             1666      restrictions:
             1667          (i) Licenses issued for operation during summer time periods are known as "Seasonal
             1668      A" club licenses. The period of operation for a "Seasonal A" club license may begin as early as
             1669      February 1 and may continue until October 31.
             1670          (ii) Licenses issued for operation during winter time periods are known as "Seasonal


             1671      B" club licenses. The period of operation for a "Seasonal B" club license may begin as early as
             1672      September 1 and may continue until May 31.
             1673          (iii) In determining the number of private club liquor licenses that the commission may
             1674      issue under this section, seasonal licenses are counted as one half of one private club liquor
             1675      license. Each "Seasonal A" license shall be paired with a "Seasonal B" license and the total
             1676      number of months that each combined pair may be issued for operation may not exceed 12
             1677      months for each calendar year.
             1678          (b) If the location, design, and construction of a hotel may require more than one
             1679      private club location within the hotel to serve the public convenience, the commission may
             1680      authorize as many as three private club locations within the hotel under one license if the hotel
             1681      has a minimum of 150 guest rooms and if all locations under the license are within the same
             1682      hotel facility and on premises which are managed or operated and owned or leased by the
             1683      licensee. Facilities other than hotels may not have more than one private club location under a
             1684      single private club liquor license.
             1685          (5) (a) A private club licensee's premises may not be established within 600 feet of any
             1686      public or private school, church, public library, public playground, or park, as measured by the
             1687      method in Subsection (6).
             1688          (b) A private club licensee premises may not be established within 200 feet of any
             1689      public or private school, church, public library, public playground, or park, measured in a
             1690      straight line from the nearest entrance of the proposed outlet to the nearest property boundary
             1691      of the public or private school, church, public library, public playground, or park.
             1692          (c) The restrictions contained in Subsections (5)(a) and (b) govern unless one of the
             1693      following exemptions applies:
             1694          (i) The commission finds after full investigation that the premises are located within a
             1695      city of the third, fourth, or fifth class or a town, and compliance with the distance requirements
             1696      would result in peculiar and exceptional practical difficulties or exceptional and undue
             1697      hardships in the granting of a private club license. In that event, the commission may, after
             1698      giving full consideration to all of the attending circumstances, following a public hearing in the
             1699      city or town, and where practical in the neighborhood concerned, authorize a variance from the
             1700      distance requirements to relieve the difficulties or hardships if the variance may be granted
             1701      without substantial detriment to the public good and without substantially impairing the intent


             1702      and purpose of this title.
             1703          (ii) With respect to the establishment of a private club licensee in any location, the
             1704      commission may, after giving full consideration to all of the attending circumstances,
             1705      following a public hearing in the county, and where practical in the neighborhood concerned,
             1706      reduce the proximity requirements in relation to a church if the local governing body of the
             1707      church in question gives its written approval.
             1708          (iii) Any on-premises beer retailer licensee existing on March 1, 1990, need not comply
             1709      with the restrictions contained in Subsections (5)(a) and (b) if it applies for a private club liquor
             1710      license before January 1, 1991.
             1711          (6) With respect to any public or private school, church, public library, public
             1712      playground, or park, the 600 foot limitation is measured from the nearest entrance of the outlet
             1713      by following the shortest route of either ordinary pedestrian traffic, or where applicable,
             1714      vehicular travel along public thoroughfares, whichever is the closer, to the property boundary
             1715      of the public or private school, church, public library, public playground, or park.
             1716          (7) Nothing in this section prevents the commission from considering the proximity of
             1717      any educational, religious, and recreational facility, or any other relevant factor in reaching a
             1718      decision on whether to issue a private club liquor license. For purposes of this Subsection (7),
             1719      "educational facility" includes nursery schools, infant day care centers, and trade and technical
             1720      schools.
             1721          Section 57. Section 32A-10-201 is amended to read:
             1722           32A-10-201. Commission's power to grant licenses -- Limitations.
             1723          (1) Beginning January 1, 1991, before any establishment may sell beer at retail for
             1724      on-premise consumption, it shall first obtain:
             1725          (a) an on-premise beer retailer license from the commission as provided in this part;
             1726      and
             1727          (b) a license issued by the local authority, as provided in Section 32A-10-101 , to sell
             1728      beer at retail for on-premise consumption or other written consent of the local authority to sell
             1729      beer at retail for on-premise consumption.
             1730          (2) The commission may issue on-premise beer retailer licenses for the purpose of
             1731      establishing on-premise beer retailer outlets at places and in numbers as it considers proper for
             1732      the storage, sale, and consumption of beer on premises operated as on-premise beer retailer


             1733      outlets.
             1734          (3) (a) Beginning January 1, 1991, on-premise beer retailer licensee premises may not
             1735      be established within 600 feet of any public or private school, church, public library, public
             1736      playground, or park, as measured by the method in Subsection (5).
             1737          (b) Beginning January 1, 1991, on-premise beer retailer licensee premises may not be
             1738      established within 200 feet of any public or private school, church, public library, public
             1739      playground, or park, measured in a straight line from the nearest entrance of the proposed
             1740      outlet to the nearest property boundary of the public or private school, church, public library,
             1741      public playground, or park.
             1742          (4) The restrictions of Subsection (3) govern unless one of the following exemptions
             1743      applies:
             1744          (a) The commission finds after full investigation that the premises are located within a
             1745      city of the third, fourth, or fifth class, a town, or the unincorporated area of a county, and
             1746      compliance with the distance requirements would result in peculiar and exceptional practical
             1747      difficulties or exceptional and undue hardships in the granting of an on-premise beer retailer
             1748      license. In that event, the commission may, after giving full consideration to all of the
             1749      attending circumstances, following a public hearing in the city or town, and where practical in
             1750      the neighborhood concerned, authorize a variance from the distance requirements to relieve the
             1751      difficulties or hardships if the variance may be granted without substantial detriment to the
             1752      public good and without substantially impairing the intent and purpose of this title.
             1753          (b) With respect to the establishment of an on-premise beer retailer licensee in any
             1754      location, the commission may, after giving full consideration to all of the attending
             1755      circumstances, following a public hearing in the county, and where practical in the
             1756      neighborhood concerned, reduce the proximity requirements in relation to a church if the local
             1757      governing body of the church in question gives its written approval.
             1758          (c) With respect to any on-premise beer retailer license issued by the commission
             1759      before July 1, 1991, to an establishment that undergoes a change in ownership after that date,
             1760      the commission may waive the proximity restrictions of Subsection (3) in considering whether
             1761      to grant an on-premise retailer beer license to the new owner.
             1762          (5) With respect to any public or private school, church, public library, public
             1763      playground, or park, the 600 foot limitation is measured from the nearest entrance of the outlet


             1764      by following the shortest route of either ordinary pedestrian traffic, or where applicable,
             1765      vehicular travel along public thoroughfares, whichever is the closer, to the property boundary
             1766      of the public or private school, church, public library, public playground, school playground or
             1767      park.
             1768          (6) Nothing in this section prevents the commission from considering the proximity of
             1769      any educational, religious, and recreational facility, or any other relevant factor in reaching a
             1770      decision on a proposed location. For purposes of this Subsection (6), "educational facility"
             1771      includes nursery schools, infant day care centers, and trade and technical schools.
             1772          Section 58. Section 45-1-2 is amended to read:
             1773           45-1-2. Maximum charge.
             1774          A legal rate of 30 cents per line on the basis of an eight-point line, not less than [eleven]
             1775      11 ems wide, is hereby established in [all cities and towns having a population under 25,000]
             1776      each city of the fourth and fifth class and each town for the publishing of any notice,
             1777      advertisement, or publication of any kind required by law.
             1778          Section 59. Section 53-6-106 is amended to read:
             1779           53-6-106. Creation of Peace Officer Standards and Training Council -- Purpose --
             1780      Membership -- Quorum -- Meetings -- Compensation.
             1781          (1) There is created the Peace Officer Standards and Training Council.
             1782          (2) The council shall serve as an advisory board to the director of the division on
             1783      matters relating to peace officer and dispatcher standards and training.
             1784          (3) The council includes:
             1785          (a) the attorney general or his designated representative;
             1786          (b) the superintendent of the highway patrol;
             1787          (c) the executive director of the Department of Corrections or his designated
             1788      representative; and
             1789          (d) 14 additional members appointed by the governor having qualifications,
             1790      experience, or education in the field of law enforcement as follows:
             1791          (i) one incumbent mayor;
             1792          (ii) one incumbent county commissioner;
             1793          (iii) three incumbent sheriffs, one of whom is a representative of the Utah Sheriffs
             1794      Association, one of whom is from a county having a population of 100,000 or more, and one of


             1795      whom is from a county having a population of less than 100,000;
             1796          (iv) three incumbent police chiefs, one of whom is a representative of the Utah Chiefs
             1797      of Police Association, one of whom is from a city of the first or second class, and one of whom
             1798      is from a city of the third, fourth, or fifth class or town;
             1799          (v) one officer from the Federal Bureau of Investigation appointed by the governor
             1800      upon the recommendation of the agency;
             1801          (vi) a representative of the Utah Peace Officers Association;
             1802          (vii) an educator in the field of public administration, criminal justice, or related area;
             1803      and
             1804          (viii) three persons selected at large by the governor.
             1805          (4) (a) Except as required by Subsection (4)(b), the 14 members of the council shall be
             1806      appointed by the governor for four-year terms.
             1807          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
             1808      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1809      council members are staggered so that approximately half of the council is appointed every two
             1810      years.
             1811          (c) A member may be reappointed for additional terms.
             1812          (d) When a vacancy occurs in the membership for any reason, the replacement shall be
             1813      appointed for the unexpired term by the governor from the same category in which the vacancy
             1814      occurs.
             1815          (5) A member of the council ceases to be a member:
             1816          (a) immediately upon the termination of his holding the office or employment that was
             1817      the basis for his eligibility to membership on the council; or
             1818          (b) upon two unexcused absences in one year from regularly scheduled council
             1819      meetings.
             1820          (6) The council shall select a chair and vice chair from among its members.
             1821          (7) Ten members of the advisory council constitute a quorum.
             1822          (8) (a) Meetings may be called by the chair, the commissioner, or the director and shall
             1823      be called by the chair upon the written request of nine members.
             1824          (b) Meetings shall be held at the times and places determined by the director.
             1825          (9) The council shall meet at least two times per year.


             1826          (10) (a) (i) Members who are not government employees shall receive no
             1827      compensation or benefits for their services, but may receive per diem and expenses incurred in
             1828      the performance of the member's official duties at the rates established by the Division of
             1829      Finance under Sections 63A-3-106 and 63A-3-107 .
             1830          (ii) Members may decline to receive per diem and expenses for their service.
             1831          (b) (i) State government officer and employee members who do not receive salary, per
             1832      diem, or expenses from their agency for their service may receive per diem and expenses
             1833      incurred in the performance of their official duties from the council at the rates established by
             1834      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             1835          (ii) State government officer and employee members may decline to receive per diem
             1836      and expenses for their service.
             1837          (c) (i) Local government members who do not receive salary, per diem, or expenses
             1838      from the entity that they represent for their service may receive per diem and expenses incurred
             1839      in the performance of their official duties at the rates established by the Division of Finance
             1840      under Sections 63A-3-106 and 63A-3-107 .
             1841          (ii) Local government members may decline to receive per diem and expenses for their
             1842      service.
             1843          (11) Membership on the council does not disqualify any member from holding any
             1844      other public office or employment.
             1845          Section 60. Section 57-11-4 is amended to read:
             1846           57-11-4. Exemptions.
             1847          (1) Unless the method of disposition is adopted for the purpose of evasion of this
             1848      chapter or the federal act, this chapter does not apply to offers or dispositions of an interest in
             1849      land:
             1850          (a) by a purchaser of subdivided lands for his own account in a single or isolated
             1851      transaction;
             1852          (b) on each unit of which there is a residential, commercial, or industrial building, or
             1853      on each unit of which there is a legal obligation on the part of the seller to complete
             1854      construction of such a building within two years from date of disposition;
             1855          (c) to any person who acquires that interest for use in the business of constructing
             1856      residential, commercial, or industrial buildings, or to any person who acquires that type of land


             1857      for the purpose of disposition to a person engaged in that business, unless the person who
             1858      acquires land for these purposes sells that land to individuals as unimproved lots with no legal
             1859      obligation on the part of the seller to construct a residential, commercial, or industrial building
             1860      on that lot within two years from the date of disposition;
             1861          (d) pursuant to court order;
             1862          (e) by any government or government agency;
             1863          (f) if at the time of the offer or disposition the subdivider furnishes satisfactory
             1864      assurance of completion of the improvements described in Subsections (1)(f)(ii) and (iii) and
             1865      the interest lies within the boundaries of a [first, second, or third class] city or a county which:
             1866          (i) has a planning and zoning board utilizing or employing at least one professional
             1867      planner;
             1868          (ii) enacts ordinances that require approval of planning, zoning, and plats, including the
             1869      approval of plans for streets, culinary water, sanitary sewer, and flood control; and
             1870          (iii) in which the interest in land will have the improvements described in Subsection
             1871      (1)(f)(ii) plus telephone and electricity;
             1872          (g) in an industrial park;
             1873          (h) as cemetery lots; or
             1874          (i) if the interest is offered as part of a camp resort as defined in Section 57-19-2 or a
             1875      timeshare development as defined in Section 57-19-2 .
             1876          (2) Unless the method of disposition is adopted for the purpose of evasion of this
             1877      chapter or the provisions of the federal act, the provisions of this chapter, except as specifically
             1878      designated, do not apply to:
             1879          (a) offers or dispositions of evidences of indebtedness secured by a mortgage or deed
             1880      of trust on real estate;
             1881          (b) offers or dispositions of securities or units of interest issued by a real estate
             1882      investment trust regulated under any state or federal statute;
             1883          (c) offers or dispositions of subdivided lands registered under the federal act and which
             1884      the division finds to be in the public interest to exempt from the registration requirements of
             1885      this chapter. A subdivider seeking to qualify under this exemption shall file with the division a
             1886      copy of an effective statement of record filed with the secretary of the Department of Housing
             1887      and Urban Development together with a filing fee of $100. In the event the subdivider does


             1888      not qualify under this exemption, this amount shall be credited to the filing fee required for
             1889      registration under this chapter. Nothing in this Subsection (2)(c) exempts a subdivider from
             1890      the provisions of Sections 57-11-16 and 57-11-17 or the requirement to file an annual report
             1891      with the division under Section 57-11-10 ;
             1892          (d) offers or dispositions of securities currently registered with the Securities Division;
             1893      or
             1894          (e) offers or dispositions of any interest in oil, gas, or other minerals or any royalty
             1895      interest in these assets if the offers or dispositions of those interests are regulated as securities
             1896      by the United States or by the Securities Division.
             1897          (3) (a) Notwithstanding the exemptions in Subsections (1) and (2), any person making
             1898      an offer or disposition of an interest in land which is located in Utah shall apply to the division
             1899      for an exemption before the offer or disposition is made if:
             1900          (i) the person is representing, in connection with the offer or disposition, the
             1901      availability of culinary water service to or on the subdivided land; and
             1902          (ii) the culinary water service is provided by a water corporation as defined in Section
             1903      54-2-1 .
             1904          (b) A subdivider seeking to qualify under this exemption shall file with the division an
             1905      application for exemption together with a filing fee of $50 and an application containing:
             1906          (i) information required by the division to show that the offer or disposition is exempt
             1907      under the provisions of this section;
             1908          (ii) a statement as to what entity will be providing culinary water service and the nature
             1909      of that entity; and
             1910          (iii) a copy of the entity's certificate of convenience and necessity issued by the Public
             1911      Service Commission, or evidence that the entity providing water service is exempt from the
             1912      jurisdiction of the Public Service Commission.
             1913          (4) The director may by rule or order exempt any person from any requirement of this
             1914      chapter if the director finds that the offering of an interest in a subdivision is essentially
             1915      noncommercial. For purposes of this section, the bulk sale of subdivided lands by a subdivider
             1916      to another person who will become the subdivider of those lands is considered essentially
             1917      noncommercial.
             1918          Section 61. Section 67-3-8 is amended to read:


             1919           67-3-8. Preparation and distribution of budget forms.
             1920          The state auditor shall formulate and print budget forms for all cities [of the first class,
             1921      cities of the second class, cities of the third class], all counties, and all school districts. These
             1922      budget forms shall be distributed at cost to each city, county, and school district.
             1923          Section 62. Section 72-3-104 is amended to read:
             1924           72-3-104. City streets -- Class C roads -- Construction and maintenance.
             1925          (1) City streets comprise:
             1926          (a) highways, roads, and streets within the corporate limits of the municipalities that
             1927      are not designated as class A state roads or as class B roads; and
             1928          (b) those highways, roads, and streets located within a national forest and constructed
             1929      or maintained by the municipality under agreement with the appropriate federal agency.
             1930          (2) City streets are class C roads.
             1931          (3) Except for city streets within counties of the first and second class as defined in
             1932      Section [ 17-16-13 ] 17-50-501 , the state and city have joint undivided interest in the title to all
             1933      rights-of-way for all city streets.
             1934          (4) The municipal governing body exercises sole jurisdiction and control of the city
             1935      streets within the municipality.
             1936          (5) The department shall cooperate with the municipal legislative body in the
             1937      construction and maintenance of the class C roads within each municipality.
             1938          (6) The municipal legislative body shall expend or cause to be expended upon the class
             1939      C roads the funds allocated to each municipality from the Transportation Fund under rules
             1940      made by the department.
             1941          (7) Any town or city in the third, fourth, or fifth class may:
             1942          (a) contract with the county or the department for the construction and maintenance of
             1943      class C roads within its corporate limits; or
             1944          (b) transfer, with the consent of the county, its:
             1945          (i) class C roads to the class B road system; and
             1946          (ii) funds allocated from the Transportation Fund to the municipality to the county
             1947      legislative body for use upon the transferred class C roads.
             1948          (8) A municipal legislative body of any [municipality] city of the third, fourth, or fifth
             1949      class may use any portion of the class C road funds allocated to the municipality for the


             1950      construction of sidewalks, curbs, and gutters on class A state roads within the municipal limits
             1951      by cooperative agreement with the department.
             1952          Section 63. Section 72-8-102 is amended to read:
             1953           72-8-102. Definitions.
             1954          As used in this chapter:
             1955          (1) "Construction" means the function of constructing or reconstructing a sidewalk
             1956      with or without curb and gutter and includes land acquisition and engineering or inspection as
             1957      defined by the rules and regulations of the department.
             1958          (2) "Curb and gutter" means the area between the roadway and sidewalk designed for
             1959      water runoff and providing a barrier for safety of pedestrian and vehicular traffic.
             1960          (3) "Participating municipality" means [any municipality having at least] a city of the
             1961      third, fourth, or fifth class [status] or a town.
             1962          (4) "Pedestrian safety devices" means any device or method designed to foster the
             1963      safety of pedestrian traffic including sidewalks, curbs, gutters, and pedestrian overpasses.




Legislative Review Note
    as of 2-3-03 3:43 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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