S.B. 2003 Enrolled

AMENDMENTS TO COUNTY SERVICE AREA
FOR EXTENDED FIRE PROTECTION
2003 SECOND SPECIAL SESSION
STATE OF UTAH
Sponsor: David L. Thomas

LONG TITLE
General Description:
This bill modifies provisions relating to the creation of a county service area for fire
protection, paramedic, and emergency services.
Highlighted Provisions:
This bill:
. eliminates a requirement that a proposed county service area for fire protection,
paramedic, and emergency services include one or more municipalities in order to
avoid an election requirement.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill provides an immediate effective date.
Utah Code Sections Affected:
AMENDS:
17B-2-214, as last amended by Chapter 257, Laws of Utah 2003

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17B-2-214 is amended to read:
17B-2-214. Election -- Exceptions.
(1) (a) Except as provided in Subsection (3) and in Subsection 17B-2-213 (2)(a), an
election on the question of whether the local district should be created shall be held by:
(i) if the proposed local district is located entirely within a single county, the

responsible clerk; or
(ii) except as provided under Subsection (1)(b), if the proposed local district is located
within more than one county, the clerk of each county in which part of the proposed local district
is located, in cooperation with the responsible clerk.
(b) Notwithstanding Subsection (1)(a)(ii), if the proposed local district is located within
more than one county and the only area of a county that is included within the proposed local
district is located within a single municipality, the election for that area shall be held by the
municipal clerk or recorder, in cooperation with the responsible clerk.
(2) Each election under Subsection (1) shall be held at the next special or regular general
election date that is:
(a) for an election pursuant to a property owner or registered voter petition, more than 45
days after certification of the petition under Subsection 17B-2-209 (3)(b)(i); or
(b) for an election pursuant to a resolution, more than 60 days after the latest hearing
required under Section 17B-2-210 .
(3) The election requirement of Subsection (1) does not apply:
(a) to a petition filed under Subsection 17B-2-203 (1)(a) if it contains the signatures of
the owners of private real property that:
(i) is located within the proposed local district;
(ii) covers at least 67% of the total private land area within the proposed local district as
a whole and within each applicable area; and
(iii) is equal in value to at least 50% of the value of all private real property within the
proposed local district as a whole and within each applicable area;
(b) to a petition filed under Subsection 17B-2-203 (1)(b) if it contains the signatures of
registered voters residing within the proposed local district as a whole and within each applicable
area, equal in number to at least 67% of the number of votes cast in the proposed local district as
a whole and in each applicable area, respectively, for the office of governor at the last general
election prior to the filing of the petition; or
(c) to a resolution adopted under Subsection 17B-2-203 (1)(c) on or after May 5, 2003

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that proposes the creation of a local district to provide fire protection, paramedic, and emergency
services, if the proposed local district includes a majority of the unincorporated area of one or
more counties [and all of the area within one or more municipalities].
(4) (a) If the proposed local district is located in more than one county, the responsible
clerk shall coordinate with the clerk of each other county and the clerk or recorder of each
municipality involved in an election under Subsection (1) so that the election is held on the same
date and in a consistent manner in each jurisdiction.
(b) The clerk of each county and the clerk or recorder of each municipality involved in an
election under Subsection (1) shall cooperate with the responsible clerk in holding the election.
(c) Except as otherwise provided in this part, each election under Subsection (1) shall be
governed by Title 20A, Election Code.
Section 2. Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
date of veto override.

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