S.B. 2003

1

AMENDMENTS TO COUNTY SERVICE AREA
2 FOR EXTENDED FIRE PROTECTION
3 2003 SECOND SPECIAL SESSION
4 STATE OF UTAH
5 Sponsor: David L. Thomas
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to the creation of a county service area for fire
10 protection, paramedic, and emergency services.
11 Highlighted Provisions:
12 This bill:
13 . eliminates a requirement that a proposed county service area for fire protection,
14 paramedic, and emergency services include one or more municipalities in order to
15 avoid an election requirement.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 This bill provides an immediate effective date.
20 Utah Code Sections Affected:
21 AMENDS:
22 17B-2-214, as last amended by Chapter 257, Laws of Utah 2003
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 17B-2-214 is amended to read:
26 17B-2-214. Election -- Exceptions.
27 (1) (a) Except as provided in Subsection (3) and in Subsection 17B-2-213 (2)(a), an

28 election on the question of whether the local district should be created shall be held by:
29 (i) if the proposed local district is located entirely within a single county, the
30 responsible clerk; or
31 (ii) except as provided under Subsection (1)(b), if the proposed local district is located
32 within more than one county, the clerk of each county in which part of the proposed local
33 district is located, in cooperation with the responsible clerk.
34 (b) Notwithstanding Subsection (1)(a)(ii), if the proposed local district is located
35 within more than one county and the only area of a county that is included within the proposed
36 local district is located within a single municipality, the election for that area shall be held by
37 the municipal clerk or recorder, in cooperation with the responsible clerk.
38 (2) Each election under Subsection (1) shall be held at the next special or regular
39 general election date that is:
40 (a) for an election pursuant to a property owner or registered voter petition, more than
41 45 days after certification of the petition under Subsection 17B-2-209 (3)(b)(i); or
42 (b) for an election pursuant to a resolution, more than 60 days after the latest hearing
43 required under Section 17B-2-210 .
44 (3) The election requirement of Subsection (1) does not apply:
45 (a) to a petition filed under Subsection 17B-2-203 (1)(a) if it contains the signatures of
46 the owners of private real property that:
47 (i) is located within the proposed local district;
48 (ii) covers at least 67% of the total private land area within the proposed local district
49 as a whole and within each applicable area; and
50 (iii) is equal in value to at least 50% of the value of all private real property within the
51 proposed local district as a whole and within each applicable area;
52 (b) to a petition filed under Subsection 17B-2-203 (1)(b) if it contains the signatures of
53 registered voters residing within the proposed local district as a whole and within each
54 applicable area, equal in number to at least 67% of the number of votes cast in the proposed
55 local district as a whole and in each applicable area, respectively, for the office of governor at
56 the last general election prior to the filing of the petition; or
57 (c) to a resolution adopted under Subsection 17B-2-203 (1)(c) on or after May 5, 2003
58 that proposes the creation of a local district to provide fire protection, paramedic, and

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




Legislative Review Note
as of 10-2-03 1:45 PM

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

Office of Legislative Research and General Counsel