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H.B. 41
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7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to special districts and local districts to establish a
10 separate process for the creation and governance of a county service area to provide
11 extended police protection services.
12 Highlighted Provisions:
13 This bill:
14 . authorizes the creation of a county service area and a local district for extended
15 police protection service by resolution of the legislative body of the participating
16 county and the legislative body of participating municipalities without the necessity
17 of voter approval under certain circumstances;
18 . adds extended police protection as a service that a local district may provide;
19 . provides for the composition of the board of trustees of a county service area for
20 extended police protection services;
21 . requires the county and the municipalities included within a county service area for
22 extended police protection to reduce their certified tax rate to offset the cost of
23 extended police protection services;
24 . imputes a tax imposed by a police district to the county or municipality included
25 within the district for purposes of the county or municipality's tax limit;
26 . adds police districts to provisions that provide for:
27 . automatic annexation to the district when an area is annexed to a municipality
28 within the district;
29 . automatic withdrawal from the district when an area within the district is
30 annexed to a municipality that is not within the district; and
31 . an alternate method of withdrawing an area within a municipality from the
32 district upon resolution of the municipal legislative body and a vote of voters
33 within the municipality; and
34 . makes technical and conforming changes.
35 Monies Appropriated in this Bill:
36 None
37 Other Special Clauses:
38 None
39 Utah Code Sections Affected:
40 AMENDS:
41 10-2-406, as last amended by Chapters 211 and 257, Laws of Utah 2003
42 10-2-419, as last amended by Chapter 257, Laws of Utah 2003
43 17A-2-411, as last amended by Chapter 257, Laws of Utah 2003
44 17B-2-202, as last amended by Chapter 257, Laws of Utah 2003
45 17B-2-214, as last amended by Chapter 6, Laws of Utah 2003, Second Special Session
46 17B-2-515.5, as enacted by Chapter 257, Laws of Utah 2003
47 17B-2-601, as last amended by Chapter 257, Laws of Utah 2003
48 17B-2-603.5, as enacted by Chapter 257, Laws of Utah 2003
49 59-2-924, as last amended by Chapter 122, Laws of Utah 2003
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51 Be it enacted by the Legislature of the state of Utah:
52 Section 1. Section 10-2-406 is amended to read:
53 10-2-406. Notice of certification -- Publishing and providing notice of petition.
54 (1) After receipt of the notice of certification from the city recorder or town clerk under
55 Subsection 10-2-405 (2)(c)(i), the municipal legislative body shall:
56 (a) (i) publish a notice at least once a week for three successive weeks, beginning no
57 later than ten days after receipt of the notice of certification, in a newspaper of general
58 circulation within:
59 (A) the area proposed for annexation; and
60 (B) the unincorporated area within 1/2 mile of the area proposed for annexation; or
61 (ii) if there is no newspaper of general circulation within those areas, post written
62 notices in conspicuous places within those areas that are most likely to give notice to residents
63 within those areas; and
64 (b) within 20 days of receipt of the notice of certification under Subsection 10-2-405 (2)
65 (c)(i), mail written notice to each affected entity.
66 (2) (a) The notice under Subsections (1)(a) and (b) shall:
67 (i) state that a petition has been filed with the municipality proposing the annexation of
68 an area to the municipality;
69 (ii) state the date of the municipal legislative body's receipt of the notice of certification
70 under Subsection 10-2-405 (2)(c)(i);
71 (iii) describe the area proposed for annexation in the annexation petition;
72 (iv) state that the complete annexation petition is available for inspection and copying
73 at the office of the city recorder or town clerk;
74 (v) state in conspicuous and plain terms that the municipality may grant the petition
75 and annex the area described in the petition unless, within the time required under Subsection
76 10-2-407 (2)(a)(i)(A), a written protest to the annexation petition is filed with the commission
77 and a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
78 municipality;
79 (vi) state the address of the commission or, if a commission has not yet been created in
80 the county, the county clerk, where a protest to the annexation petition may be filed;
81 (vii) state that the area proposed for annexation to the municipality will also
82 automatically be annexed to a local district providing fire protection, paramedic, and
83 emergency services or extended police protection service, as the case may be, as provided in
84 Section 17B-2-515.5 , if:
85 (A) the proposed annexing municipality is entirely within the boundaries of a local
86 district:
87 (I) that provides, as the case may be:
88 (Aa) fire protection, paramedic, and emergency services; [
89 (Bb) extended police protection service; and
90 (II) in the creation of which an election was not required because of Subsection
91 17B-2-214 (3)(c); and
92 (B) the area proposed to be annexed to the municipality is not already within the
93 boundaries of the local district; and
94 (viii) state that the area proposed for annexation to the municipality will be
95 automatically withdrawn from a local district providing fire protection, paramedic, and
96 emergency services or extended police protection service, as the case may be, as provided in
97 Subsection 17B-2-601 (2), if:
98 (A) the petition proposes the annexation of an area that is within the boundaries of a
99 local district:
100 (I) that provides, as the case may be:
101 (Aa) fire protection, paramedic, and emergency services; [
102 (Bb) extended police protection service; and
103 (II) in the creation of which an election was not required because of Subsection
104 17B-2-214 (3)(c); and
105 (B) the proposed annexing municipality is not within the boundaries of the local
106 district.
107 (b) The statement required by Subsection (2)(a)(v) shall state the deadline for filing a
108 written protest in terms of the actual date rather than by reference to the statutory citation.
109 (c) In addition to the requirements under Subsection (2)(a), a notice under Subsection
110 (1)(a) for a proposed annexation of an area within a county of the first class shall include a
111 statement that a protest to the annexation petition may be filed with the commission by
112 property owners if it contains the signatures of the owners of private real property that:
113 (i) is located in the unincorporated area within 1/2 mile of the area proposed for
114 annexation;
115 (ii) covers at least 25% of the private land area located in the unincorporated area
116 within 1/2 mile of the area proposed for annexation; and
117 (iii) is equal in value to at least 15% of all real property located in the unincorporated
118 area within 1/2 mile of the area proposed for annexation.
119 Section 2. Section 10-2-419 is amended to read:
120 10-2-419. Boundary adjustment -- Notice and hearing -- Protest.
121 (1) The legislative bodies of two or more municipalities having common boundaries
122 may adjust their common boundaries as provided in this section.
123 (2) (a) The legislative body of each municipality intending to adjust a boundary that is
124 common with another municipality shall:
125 (i) adopt a resolution indicating the intent of the municipal legislative body to adjust a
126 common boundary;
127 (ii) hold a public hearing on the proposed adjustment no less than 60 days after the
128 adoption of the resolution under Subsection (2)(a)(i); and
129 (iii) (A) publish notice at least once a week for three successive weeks in a newspaper
130 of general circulation within the municipality; or
131 (B) if there is no newspaper of general circulation within the municipality, post at least
132 one notice per 1,000 population in places within the municipality that are most likely to give
133 notice to residents of the municipality.
134 (b) The notice required under Subsection (2)(a)(iii) shall:
135 (i) state that the municipal legislative body has adopted a resolution indicating the
136 municipal legislative body's intent to adjust a boundary that the municipality has in common
137 with another municipality;
138 (ii) describe the area proposed to be adjusted;
139 (iii) state the date, time, and place of the public hearing required under Subsection
140 (2)(a)(ii);
141 (iv) state in conspicuous and plain terms that the municipal legislative body will adjust
142 the boundaries unless, at or before the public hearing under Subsection (2)(a)(ii), written
143 protests to the adjustment are filed by the owners of private real property that:
144 (A) is located within the area proposed for adjustment;
145 (B) covers at least 25% of the total private land area within the area proposed for
146 adjustment; and
147 (C) is equal in value to at least 15% of the value of all private real property within the
148 area proposed for adjustment; and
149 (v) state that the area that is the subject of the boundary adjustment will, as provided in
150 Section 17B-2-515.5 and because of the boundary adjustment, be automatically annexed to a
151 local district providing fire protection, paramedic, and emergency services[
152
153 (A) the municipality to which the area is being added because of the boundary
154 adjustment is entirely within the boundaries of a local district:
155 (I) that provides, as the case may be:
156 (Aa) fire protection, paramedic, and emergency services; [
157 (Bb) extended police protection service; and
158 (II) in the creation of which an election was not required because of Subsection
159 17B-2-214 (3)(c); and
160 (B) the municipality from which the area is being taken because of the boundary
161 adjustment is not within the boundaries of the local district; and
162 (vi) state that the area proposed for annexation to the municipality will, as provided in
163 Subsection 17B-2-601 (2), be automatically withdrawn from a local district providing fire
164 protection, paramedic, and emergency services[
165 extended police protection service, as the case may be, if:
166 (A) the municipality to which the area is being added because of the boundary
167 adjustment is not within the boundaries of a local district:
168 (I) that provides, as the case may be:
169 (Aa) fire protection, paramedic, and emergency services; [
170 (Bb) extended police protection service; and
171 (II) in the creation of which an election was not required because of Subsection
172 17B-2-214 (3)(c); and
173 (B) the municipality from which the area is being taken because of the boundary
174 adjustment is entirely within the boundaries of the local district.
175 (c) The first publication of the notice required under Subsection (2)(a)(iii)(A) shall be
176 within 14 days of the municipal legislative body's adoption of a resolution under Subsection
177 (2)(a)(i).
178 (3) Upon conclusion of the public hearing under Subsection (2)(a)(ii), the municipal
179 legislative body may adopt an ordinance adjusting the common boundary unless, at or before
180 the hearing under Subsection (2)(a)(ii), written protests to the adjustment have been filed with
181 the city recorder or town clerk, as the case may be, by the owners of private real property that:
182 (a) is located within the area proposed for adjustment;
183 (b) covers at least 25% of the total private land area within the area proposed for
184 adjustment; and
185 (c) is equal in value to at least 15% of the value of all private real property within the
186 area proposed for adjustment.
187 (4) An ordinance adopted under Subsection (3) becomes effective when each
188 municipality involved in the boundary adjustment has adopted an ordinance under Subsection
189 (3).
190 Section 3. Section 17A-2-411 is amended to read:
191 17A-2-411. Board of trustees -- Selection procedures -- Surety bonds -- Other
192 provisions applicable -- Board membership for certain service areas providing fire
193 protection, paramedic, and emergency services or extended police protection service.
194 (1) Each service area authorized under this part shall be governed by a board of
195 trustees.
196 (2) (a) Except as provided in [
197 of a county service area, the county legislative body may adopt an ordinance declaring that the
198 county legislative body of the county shall act as the trustees of the service area.
199 (b) Upon passage of the ordinance, the county legislative body of the county shall act
200 as trustees of the service area with all the powers, authority, and responsibility vested in the
201 trustees under this part.
202 (c) (i) The county legislative body, when acting as trustees, may use any existing
203 county offices, officers, or employees for the purposes of the service area.
204 (ii) The county legislative body shall charge costs of those services to the service area
205 and require them to be paid to the county treasurer for the general fund of the county.
206 (3) Except as provided in [
207 creation of a board of trustees as provided in Subsection (1), if no elected board has been
208 established as provided in this section, the county legislative body of the county in which the
209 service area is located may:
210 (a) by ordinance, delegate its powers to an appointed or elected board of trustees as
211 provided in Chapter 1, Part 3, Special District Board Selection Procedures; and
212 (b) provide for the appointment or election of the board by following the procedures
213 and requirements of Chapter 1, Part 3, Special District Board Selection Procedures.
214 (4) Except as provided in [
215 creation of a board of trustees as provided in Subsections (2) and (3), the county legislative
216 body shall hold an election for trustees by following the procedures and requirements of
217 Chapter 1, Part 3, Special District Board Selection Procedures, if:
218 (a) the county legislative body receives a petition requesting that an election for
219 trustees be held that is:
220 (i) signed by at least 10% of persons eligible to vote in an election in a service area
221 authorized under this part; and
222 (ii) filed with the county legislative body at least 30 days before the date set for a bond
223 election or 90 days before the date set for any municipal election; or
224 (b) territory located within a municipality is annexed into the county service area under
225 Title 17B, Chapter 2, Part 5, Annexation.
226 (5) (a) If there is no elected board of trustees at the time of the first bond election,
227 trustees shall be elected in conjunction with that bond election, except as provided in
228 [
229 (b) Candidates for election to the board of trustees shall be taxpayers and qualified
230 voters in the service area.
231 (c) At any time within 30 days after the county legislative body has called a bond
232 election, but not less than 15 days before the day of election, any person who is qualified to
233 vote in the service area may file a signed statement with the county clerk announcing the
234 person's candidacy to be one of the first elected trustees of the service area.
235 (d) The board of trustees shall provide a ballot separate from the bond ballot that
236 contains the names of the candidates and blanks in which the voters may write in additional
237 names.
238 (e) A voter at the election may vote for the number of trustee positions to be filled.
239 (f) The persons receiving the highest number of votes at the election are members of
240 the board of trustees.
241 (6) (a) Each member of the board of trustees may vote on all questions, orders,
242 resolutions, and ordinances coming before the board.
243 (b) Notwithstanding Section 17B-2-404 , if the county legislative body acts as the board
244 of trustees, no compensation may be paid to them as trustees.
245 (c) Each trustee who is also a member of the county legislative body shall take the oath
246 of office and shall give the bond that is required by law for members of the county legislative
247 body.
248 (7) All qualified voters in the service area may vote in elections to select trustees and in
249 elections to approve the issuance of bonds.
250 (8) Following the election or appointment of the first trustees, each elected trustee shall
251 be elected according to the procedures and requirements of Chapter 1, Part 3, Special District
252 Board Selection Procedures.
253 (9) Each vacancy of an elected trustee in office shall be filled according to the
254 procedures and requirements of Chapter 1, Part 3, Special District Board Selection Procedures.
255 (10) (a) Except as provided in [
256 of Title 17B, Chapter 2, Part 4, Board of Trustees, apply to each county service area to the
257 same extent as if the county service area were a local district under Title 17B, Chapter 2, Local
258 Districts.
259 (b) (i) If a change in the number of board of trustees members is necessary to comply
260 with the requirements of Subsection 17B-2-402 (1), the board of trustees may by majority vote,
261 notwithstanding Subsection 17B-2-402 (3), change the number of board members to the next
262 odd number higher or lower than the number of current board members.
263 (ii) If a change under Subsection (10)(b)(i) decreases the number of board members,
264 the change may not take effect until the expiration of the term of the member whose term next
265 expires.
266 (iii) If a change in the number of board members necessitated by Subsection
267 17B-2-402 (1) would cause the district to violate a provision of bonds issued by the district, the
268 number of board members may be modified to the extent necessary to avoid a violation.
269 (c) (i) If a change in the expiration date of the term of a board of trustees member is
270 necessary to comply with the requirements of Subsection 17B-2-403 (1), the term of each board
271 member whose term expires on a day other than the first Monday in January shall be extended
272 to the first Monday in January after the normal expiration date next following the special
273 district election date under Section 17A-1-305 .
274 (ii) If a change in the length of the term of a board of trustees member is necessary to
275 comply with the requirements of Subsection 17B-2-403 (2), the change may not take effect until
276 the expiration of the term of the member whose term length is to be changed.
277 (11) (a) This Subsection (11) applies to a county service area created on or after May 5,
278 2003 if:
279 (i) the county service area was created to provide fire protection, paramedic, and
280 emergency services; and
281 (ii) in the creation of the county service area, an election was not required under
282 Subsection 17B-2-214 (3)(c).
283 (b) (i) Each county whose unincorporated area is partially or fully included within the
284 county service area, whether in conjunction with the creation of the county service area or by
285 later annexation, shall appoint three members to the board of trustees.
286 (ii) Each municipality whose area is included within the county service area, whether
287 in conjunction with the creation of the county service area or by later annexation, shall appoint
288 one member to the board of trustees.
289 (iii) Each member appointed by a county under Subsection (11)(b)(i) shall be an
290 elected official of the appointing county, and each member appointed by a municipality under
291 Subsection (11)(b)(ii) shall be an elected official of the appointing municipality.
292 (c) The number of members of a board of trustees of a county service area to which this
293 Subsection (11) applies shall be the number resulting from application of Subsection (11)(b).
294 (d) An employee of the county service area may not serve as a member of the board of
295 trustees.
296 (12) (a) This Subsection (12) applies to each county service area created on or after
297 May 2, 2005 if:
298 (i) the county service area was created to provide extended police protection service;
299 and
300 (ii) in the creation of the county service area, an election was not required under
301 Subsection 17B-2-214 (3)(c).
302 (b) (i) The county whose unincorporated area is partially or fully included within the
303 county service area shall appoint to the board of trustees:
304 (A) if the county has a population that does not exceed 50,000, one member who shall
305 be:
306 (I) in a county operating under the county executive-council form of government under
307 Section 17-52-504 , the county executive; or
308 (II) in any other county, a member of the county commission or council;
309 (B) if the county has a population over 50,000 but not over 100,000, two members who
310 shall be:
311 (I) in a county operating under the county executive-council form of government under
312 Section 17-52-504 , the county executive and a member of the county council; or
313 (II) in any other county, two members of the county commission or council;
314 (C) if the county has a population over 100,000 but not over 150,000, three members
315 who shall be:
316 (I) in a county operating under the county executive-council form of government under
317 Section 17-52-504 , the county executive and two members of the county council; or
318 (II) in any other county, three members of the county commission or council; and
319 (D) if the county has a population over 150,000, four members who shall be:
320 (I) in a county operating under the county executive-council form of government under
321 Section 17-52-504 , the county executive and three members of the county council;
322 (II) in a county operating under a county commission form of government under
323 Section 17-52-501 or a council-manager form of government under Section 17-52-505 with a
324 three-member council, the three commission or council members, as the case may be, and
325 another elected county official chosen by the commission or council; or
326 (III) in any other county, four members of the county commission or council.
327 (ii) Each municipality whose area is included within the county service area, whether
328 in conjunction with the creation of the county service area or by later annexation, shall appoint
329 to the board of trustees:
330 (A) one member, if the municipality has a population that does not exceed 50,000, who
331 shall be the mayor;
332 (B) two members, if the municipality has a population over 50,000 but not over
333 100,000, who shall be the mayor and a member of the municipal council;
334 (C) three members, if the municipality has a population over 100,000 but not over
335 150,000, who shall be the mayor and two members of the municipal council; and
336 (D) four members, if the municipality has a population over 150,000, who shall be the
337 mayor and three members of the municipal council.
338 (c) The number of members of a board of trustees of a county service area to which this
339 Subsection (12) applies shall be the number resulting from application of Subsection (12)(b).
340 (d) An employee of the county service area may not serve as a member of the board of
341 trustees.
342 Section 4. Section 17B-2-202 is amended to read:
343 17B-2-202. Local district may be created -- Services that may be provided --
344 Limitations -- Name.
345 (1) A local district may be created as provided in this part to provide within its
346 boundaries service consisting of:
347 (a) the operation of an airport;
348 (b) the operation of a cemetery;
349 (c) the operation of a system for the generation or distribution of electricity;
350 (d) the operation of a system for the transmission of natural or manufactured gas that
351 is:
352 (i) connected to a gas plant, as defined in Section 54-2-1 , of a gas corporation, as
353 defined in Section 54-2-1 , that is regulated under Section 54-4-1 ; and
354 (ii) to be used to facilitate gas utility service within the district if such gas utility
355 service is not available within the district prior to the acquisition or construction of such a
356 system;
357 (e) fire protection, paramedic, and emergency services;
358 (f) garbage collection and disposal;
359 (g) health care;
360 (h) the operation of a library;
361 (i) abatement or control of mosquitos and other insects;
362 (j) the operation of parks or recreation facilities;
363 (k) the operation of a sewage system;
364 (l) street lighting;
365 (m) the construction and maintenance of curb, gutter, and sidewalk;
366 (n) transportation;
367 (o) the operation of a system for the control of storm or flood waters;
368 (p) the operation of an irrigation water system;
369 (q) the operation of a culinary water system; [
370 (r) the underground installation of an electric utility line or the conversion to
371 underground of an existing electric utility line[
372 (s) extended police protection.
373 (2) For purposes of this section:
374 (a) "Operation" means all activities involved in providing the indicated service
375 including acquisition and ownership of property reasonably necessary to provide the indicated
376 service and acquisition, construction, and maintenance of facilities and equipment reasonably
377 necessary to provide the indicated service.
378 (b) "System" means the aggregate of interrelated components that combine together to
379 provide the indicated service including:
380 (i) for a sewage system, collection and treatment; and
381 (ii) for an irrigation or culinary water system, collection, retention, treatment, and
382 distribution to either the end user or another that in turn distributes to the end user.
383 (3) (a) Except as provided in Subsection (3)(b), a local district may be created to
384 provide and may after its creation provide no more than two of the services listed in Subsection
385 (1).
386 (b) Notwithstanding Subsection (3)(a), a local district may be created to provide and
387 may after its creation provide services consisting of:
388 (i) the operation of some or all of the components of a sewage system;
389 (ii) the operation of some or all of the components of an irrigation water system; and
390 (iii) the operation of some or all of the components of a culinary water system.
391 (4) (a) Except as provided in Subsection (4)(b), a local district may not be created to
392 provide and may not after its creation provide to an area the same service already being
393 provided to that area by another political subdivision.
394 (b) For purposes of Subsection (4)(a), a local district does not provide the same service
395 as another political subdivision if it operates a component of a system that is different from a
396 component operated by another political subdivision but within the same:
397 (i) sewage system;
398 (ii) irrigation water system; or
399 (iii) culinary water system.
400 (5) Except for a local district in the creation of which an election is not required under
401 Subsection 17B-2-214 (3)(c), the area of a local district may include all or part of the
402 unincorporated area of one or more counties and all or part of one or more municipalities.
403 (6) The name of a local district:
404 (a) may include words descriptive of the type of service provided by the local district;
405 and
406 (b) may not include the name of a county or municipality.
407 Section 5. Section 17B-2-214 is amended to read:
408 17B-2-214. Election -- Exceptions.
409 (1) (a) Except as provided in Subsection (3) and in Subsection 17B-2-213 (2)(a), an
410 election on the question of whether the local district should be created shall be held by:
411 (i) if the proposed local district is located entirely within a single county, the
412 responsible clerk; or
413 (ii) except as provided under Subsection (1)(b), if the proposed local district is located
414 within more than one county, the clerk of each county in which part of the proposed local
415 district is located, in cooperation with the responsible clerk.
416 (b) Notwithstanding Subsection (1)(a)(ii), if the proposed local district is located
417 within more than one county and the only area of a county that is included within the proposed
418 local district is located within a single municipality, the election for that area shall be held by
419 the municipal clerk or recorder, in cooperation with the responsible clerk.
420 (2) Each election under Subsection (1) shall be held at the next special or regular
421 general election date that is:
422 (a) for an election pursuant to a property owner or registered voter petition, more than
423 45 days after certification of the petition under Subsection 17B-2-209 (3)(b)(i); or
424 (b) for an election pursuant to a resolution, more than 60 days after the latest hearing
425 required under Section 17B-2-210 .
426 (3) The election requirement of Subsection (1) does not apply to:
427 (a) [
428 the owners of private real property that:
429 (i) is located within the proposed local district;
430 (ii) covers at least 67% of the total private land area within the proposed local district
431 as a whole and within each applicable area; and
432 (iii) is equal in value to at least 50% of the value of all private real property within the
433 proposed local district as a whole and within each applicable area;
434 (b) [
435 of registered voters residing within the proposed local district as a whole and within each
436 applicable area, equal in number to at least 67% of the number of votes cast in the proposed
437 local district as a whole and in each applicable area, respectively, for the office of governor at
438 the last general election prior to the filing of the petition; or
439 (c) [
440
441 (i) (A) proposes the creation of a local district to provide fire protection, paramedic,
442 and emergency services, if the proposed local district includes a majority of the unincorporated
443 area of one or more counties[
444 (B) was adopted on or after May 5, 2003; or
445 (ii) (A) proposes the creation of a local district to provide extended police protection
446 service, if the proposed local district includes:
447 (I) a majority of the unincorporated area of a single county; and
448 (II) no area of any other county, unless that area is entirely within a municipality whose
449 boundaries are included in the local district and a majority of whose land area is located within
450 the county whose unincorporated area is included in the local district; and
451 (B) was adopted on or after May 2, 2005.
452 (4) (a) If the proposed local district is located in more than one county, the responsible
453 clerk shall coordinate with the clerk of each other county and the clerk or recorder of each
454 municipality involved in an election under Subsection (1) so that the election is held on the
455 same date and in a consistent manner in each jurisdiction.
456 (b) The clerk of each county and the clerk or recorder of each municipality involved in
457 an election under Subsection (1) shall cooperate with the responsible clerk in holding the
458 election.
459 (c) Except as otherwise provided in this part, each election under Subsection (1) shall
460 be governed by Title 20A, Election Code.
461 Section 6. Section 17B-2-515.5 is amended to read:
462 17B-2-515.5. Automatic annexation to a district providing fire protection,
463 paramedic, and emergency services.
464 (1) An area outside the boundaries of a local district that is annexed to a municipality
465 or added to a municipality by a boundary adjustment under Title 10, Chapter 2, Part 4,
466 Annexation, is automatically annexed to the local district if:
467 (a) the local district provides:
468 (i) fire protection, paramedic, and emergency services; or
469 (ii) extended police protection service;
470 (b) an election for the creation of the local district was not required because of
471 Subsection 17B-2-214 (3)(c); and
472 (c) before the municipal annexation or boundary adjustment, the entire municipality
473 that is annexing the area or adding the area by boundary adjustment was included within the
474 local district.
475 (2) The effective date of an annexation under this section is governed by Subsection
476 17B-2-514 [
477 Section 7. Section 17B-2-601 is amended to read:
478 17B-2-601. Withdrawal of area from local district -- Automatic withdrawal in
479 certain circumstances -- Definitions.
480 (1) An area within the boundaries of a local district may be withdrawn from the local
481 district as provided in this part.
482 (2) (a) An area within the boundaries of a local district is automatically withdrawn
483 from the local district by the annexation of the area to a municipality or the adding of the area
484 to a municipality by boundary adjustment under Title 10, Chapter 2, Part 4, Annexation, if:
485 (i) the local district provides:
486 (A) fire protection, paramedic, and emergency services; or
487 (B) extended police protection service;
488 (ii) an election for the creation of the local district was not required because of
489 Subsection 17B-2-214 (3)(c); and
490 (iii) before annexation or boundary adjustment, the boundaries of the local district do
491 not include any of the annexing municipality.
492 (b) The effective date of a withdrawal under this Subsection (2) is governed by
493 Subsection 17B-2-610 (1)(b).
494 (3) In addition to those definitions in Section 17B-2-101 , as used in this part,
495 "receiving entity" means an entity that will, following a withdrawal, provide to the withdrawn
496 area the service previously provided by the local district.
497 Section 8. Section 17B-2-603.5 is amended to read:
498 17B-2-603.5. Withdrawal of municipality in certain districts providing fire
499 protection, paramedic, and emergency services.
500 (1) (a) The process to withdraw an area from a local district may be initiated by a
501 resolution adopted by the legislative body of a municipality that is entirely within the
502 boundaries of a local district:
503 (i) that provides:
504 (A) fire protection, paramedic, and emergency services; [
505 (B) extended police protection service; and
506 (ii) in the creation of which an election was not required because of Subsection
507 17B-2-214 (3)(c).
508 (b) Within ten days after adopting a resolution under Subsection (1)(a), the municipal
509 legislative body shall submit to the board of trustees of the local district written notice of the
510 adoption of the resolution, accompanied by a copy of the resolution.
511 (2) If a resolution is adopted under Subsection (1)(a), the municipal legislative body
512 shall hold an election at the next municipal general election that is more than 60 days after
513 adoption of the resolution on the question of whether the municipality should withdraw from
514 the local district.
515 (3) If a majority of those voting on the question of withdrawal at an election held under
516 Subsection (2) vote in favor of withdrawal, the municipality shall be withdrawn from the local
517 district.
518 (4) (a) Within ten days after the canvass of an election at which a withdrawal under this
519 section is submitted to voters, the municipal legislative body shall send written notice to the
520 board of the local district from which the municipality is proposed to withdraw.
521 (b) Each notice under Subsection (4)(a) shall:
522 (i) state the results of the withdrawal election; and
523 (ii) if the withdrawal was approved by voters, be accompanied by a map or legal
524 description of the area to be withdrawn, adequate for purposes of the county assessor and
525 recorder.
526 (5) The effective date of a withdrawal under this section is governed by Subsection
527 17B-2-610 (1)(b).
528 Section 9. Section 59-2-924 is amended to read:
529 59-2-924. Report of valuation of property to county auditor and commission --
530 Transmittal by auditor to governing bodies -- Certified tax rate -- Rulemaking authority
531 -- Adoption of tentative budget.
532 (1) (a) Before June 1 of each year, the county assessor of each county shall deliver to
533 the county auditor and the commission the following statements:
534 (i) a statement containing the aggregate valuation of all taxable property in each taxing
535 entity; and
536 (ii) a statement containing the taxable value of any additional personal property
537 estimated by the county assessor to be subject to taxation in the current year.
538 (b) The county auditor shall, on or before June 8, transmit to the governing body of
539 each taxing entity:
540 (i) the statements described in Subsections (1)(a)(i) and (ii);
541 (ii) an estimate of the revenue from personal property;
542 (iii) the certified tax rate; and
543 (iv) all forms necessary to submit a tax levy request.
544 (2) (a) (i) The "certified tax rate" means a tax rate that will provide the same ad
545 valorem property tax revenues for a taxing entity as were budgeted by that taxing entity for the
546 prior year.
547 (ii) For purposes of this Subsection (2), "ad valorem property tax revenues" do not
548 include:
549 (A) collections from redemptions;
550 (B) interest; and
551 (C) penalties.
552 (iii) Except as provided in Subsection (2)(a)(v), the certified tax rate shall be calculated
553 by dividing the ad valorem property tax revenues budgeted for the prior year by the taxing
554 entity by the taxable value established in accordance with Section 59-2-913 .
555 (iv) (A) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
556 Act, the commission shall make rules determining the calculation of ad valorem property tax
557 revenues budgeted by a taxing entity.
558 (B) For purposes of Subsection (2)(a)(iv)(A), ad valorem property tax revenues
559 budgeted by a taxing entity shall be calculated in the same manner as budgeted property tax
560 revenues are calculated for purposes of Section 59-2-913 .
561 (v) The certified tax rates for the taxing entities described in this Subsection (2)(a)(v)
562 shall be calculated as follows:
563 (A) except as provided in Subsection (2)(a)(v)(B), for new taxing entities the certified
564 tax rate is zero;
565 (B) for each municipality incorporated on or after July 1, 1996, the certified tax rate is:
566 (I) in a county of the first, second, or third class, the levy imposed for municipal-type
567 services under Sections 17-34-1 and 17-36-9 ; and
568 (II) in a county of the fourth, fifth, or sixth class, the levy imposed for general county
569 purposes and such other levies imposed solely for the municipal-type services identified in
570 Section 17-34-1 and Subsection 17-36-3 (22);
571 (C) for debt service voted on by the public, the certified tax rate shall be the actual levy
572 imposed by that section, except that the certified tax rates for the following levies shall be
573 calculated in accordance with Section 59-2-913 and this section:
574 (I) school leeways provided for under Sections 11-2-7 , 53A-16-110 , 53A-17a-125 ,
575 53A-17a-127 , 53A-17a-134 , 53A-17a-143 , 53A-17a-145 , and 53A-21-103 ; and
576 (II) levies to pay for the costs of state legislative mandates or judicial or administrative
577 orders under Section 59-2-906.3 .
578 (vi) (A) A judgment levy imposed under Section 59-2-1328 or Section 59-2-1330 shall
579 be established at that rate which is sufficient to generate only the revenue required to satisfy
580 one or more eligible judgments, as defined in Section 59-2-102 .
581 (B) The ad valorem property tax revenue generated by the judgment levy shall not be
582 considered in establishing the taxing entity's aggregate certified tax rate.
583 (b) (i) For the purpose of calculating the certified tax rate, the county auditor shall use
584 the taxable value of property on the assessment roll.
585 (ii) For purposes of Subsection (2)(b)(i), the taxable value of property on the
586 assessment roll does not include new growth as defined in Subsection (2)(b)(iii).
587 (iii) "New growth" means:
588 (A) the difference between the increase in taxable value of the taxing entity from the
589 previous calendar year to the current year; minus
590 (B) the amount of an increase in taxable value described in Subsection (2)(b)(iv).
591 (iv) Subsection (2)(b)(iii)(B) applies to the following increases in taxable value:
592 (A) the amount of increase to locally assessed real property taxable values resulting
593 from factoring, reappraisal, or any other adjustments; or
594 (B) the amount of an increase in the taxable value of property assessed by the
595 commission under Section 59-2-201 resulting from a change in the method of apportioning the
596 taxable value prescribed by:
597 (I) the Legislature;
598 (II) a court;
599 (III) the commission in an administrative rule; or
600 (IV) the commission in an administrative order.
601 (c) Beginning January 1, 1997, if a taxing entity receives increased revenues from
602 uniform fees on tangible personal property under Section 59-2-404 , 59-2-405 , or 59-2-405.1 as
603 a result of any county imposing a sales and use tax under Chapter 12, Part 11, County Option
604 Sales and Use Tax, the taxing entity shall decrease its certified tax rate to offset the increased
605 revenues.
606 (d) (i) Beginning July 1, 1997, if a county has imposed a sales and use tax under
607 Chapter 12, Part 11, County Option Sales and Use Tax, the county's certified tax rate shall be:
608 (A) decreased on a one-time basis by the amount of the estimated sales and use tax
609 revenue to be distributed to the county under Subsection 59-12-1102 (3); and
610 (B) increased by the amount necessary to offset the county's reduction in revenue from
611 uniform fees on tangible personal property under Section 59-2-404 , 59-2-405 , or 59-2-405.1 as
612 a result of the decrease in the certified tax rate under Subsection (2)(d)(i)(A).
613 (ii) The commission shall determine estimates of sales and use tax distributions for
614 purposes of Subsection (2)(d)(i).
615 (e) Beginning January 1, 1998, if a municipality has imposed an additional resort
616 communities sales tax under Section 59-12-402 , the municipality's certified tax rate shall be
617 decreased on a one-time basis by the amount necessary to offset the first 12 months of
618 estimated revenue from the additional resort communities sales and use tax imposed under
619 Section 59-12-402 .
620 (f) For the calendar year beginning on January 1, 1999, and ending on December 31,
621 1999, a taxing entity's certified tax rate shall be adjusted by the amount necessary to offset the
622 adjustment in revenues from uniform fees on tangible personal property under Section
623 59-2-405.1 as a result of the adjustment in uniform fees on tangible personal property under
624 Section 59-2-405.1 enacted by the Legislature during the 1998 Annual General Session.
625 (g) For purposes of Subsections (2)(h) through (j):
626 (i) "1998 actual collections" means the amount of revenues a taxing entity actually
627 collected for the calendar year beginning on January 1, 1998, under Section 59-2-405 for:
628 (A) motor vehicles required to be registered with the state that weigh 12,000 pounds or
629 less; and
630 (B) state-assessed commercial vehicles required to be registered with the state that
631 weigh 12,000 pounds or less.
632 (ii) "1999 actual collections" means the amount of revenues a taxing entity actually
633 collected for the calendar year beginning on January 1, 1999, under Section 59-2-405.1 .
634 (h) For the calendar year beginning on January 1, 2000, the commission shall make the
635 following adjustments:
636 (i) the commission shall make the adjustment described in Subsection (2)(i)(i) if, for
637 the calendar year beginning on January 1, 1999, a taxing entity's 1998 actual collections were
638 greater than the sum of:
639 (A) the taxing entity's 1999 actual collections; and
640 (B) any adjustments the commission made under Subsection (2)(f);
641 (ii) the commission shall make the adjustment described in Subsection (2)(i)(ii) if, for
642 the calendar year beginning on January 1, 1999, a taxing entity's 1998 actual collections were
643 greater than the taxing entity's 1999 actual collections, but the taxing entity's 1998 actual
644 collections were less than the sum of:
645 (A) the taxing entity's 1999 actual collections; and
646 (B) any adjustments the commission made under Subsection (2)(f); and
647 (iii) the commission shall make the adjustment described in Subsection (2)(i)(iii) if, for
648 the calendar year beginning on January 1, 1999, a taxing entity's 1998 actual collections were
649 less than the taxing entity's 1999 actual collections.
650 (i) (i) For purposes of Subsection (2)(h)(i), the commission shall increase a taxing
651 entity's certified tax rate under this section and a taxing entity's certified revenue levy under
652 Section 59-2-906.1 by the amount necessary to offset the difference between:
653 (A) the taxing entity's 1998 actual collections; and
654 (B) the sum of:
655 (I) the taxing entity's 1999 actual collections; and
656 (II) any adjustments the commission made under Subsection (2)(f).
657 (ii) For purposes of Subsection (2)(h)(ii), the commission shall decrease a taxing
658 entity's certified tax rate under this section and a taxing entity's certified revenue levy under
659 Section 59-2-906.1 by the amount necessary to offset the difference between:
660 (A) the sum of:
661 (I) the taxing entity's 1999 actual collections; and
662 (II) any adjustments the commission made under Subsection (2)(f); and
663 (B) the taxing entity's 1998 actual collections.
664 (iii) For purposes of Subsection (2)(h)(iii), the commission shall decrease a taxing
665 entity's certified tax rate under this section and a taxing entity's certified revenue levy under
666 Section 59-2-906.1 by the amount of any adjustments the commission made under Subsection
667 (2)(f).
668 (j) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, for
669 purposes of Subsections (2)(f) through (i), the commission may make rules establishing the
670 method for determining a taxing entity's 1998 actual collections and 1999 actual collections.
671 (k) (i) (A) For fiscal year 2000, the certified tax rate of each county required under
672 Subsection 17-34-1 (4)(a) to provide advanced life support and paramedic services to the
673 unincorporated area of the county shall be decreased by the amount necessary to reduce
674 revenues in that fiscal year by an amount equal to the difference between the amount the county
675 budgeted in its 2000 fiscal year budget for advanced life support and paramedic services
676 countywide and the amount the county spent during fiscal year 2000 for those services,
677 excluding amounts spent from a municipal services fund for those services.
678 (B) For fiscal year 2001, the certified tax rate of each county to which Subsection
679 (2)(k)(i)(A) applies shall be decreased by the amount necessary to reduce revenues in that fiscal
680 year by the amount that the county spent during fiscal year 2000 for advanced life support and
681 paramedic services countywide, excluding amounts spent from a municipal services fund for
682 those services.
683 (ii) (A) A city or town located within a county of the first class to which Subsection
684 (2)(k)(i) applies may increase its certified tax rate by the amount necessary to generate within
685 the city or town the same amount of revenues as the county would collect from that city or
686 town if the decrease under Subsection (2)(k)(i) did not occur.
687 (B) An increase under Subsection (2)(k)(ii)(A), whether occurring in a single fiscal
688 year or spread over multiple fiscal years, is not subject to the notice and hearing requirements
689 of Sections 59-2-918 and 59-2-919 .
690 (l) (i) The certified tax rate of each county required under Subsection 17-34-1 (4)(b) to
691 provide detective investigative services to the unincorporated area of the county shall be
692 decreased:
693 (A) in fiscal year 2001 by the amount necessary to reduce revenues in that fiscal year
694 by at least $4,400,000; and
695 (B) in fiscal year 2002 by the amount necessary to reduce revenues in that fiscal year
696 by an amount equal to the difference between $9,258,412 and the amount of the reduction in
697 revenues under Subsection (2)(l)(i)(A).
698 (ii) (A) (I) Beginning with municipal fiscal year 2002, a city or town located within a
699 county to which Subsection (2)(l)(i) applies may increase its certified tax rate to generate
700 within the city or town the same amount of revenue as the county would have collected during
701 county fiscal year 2001 from within the city or town except for Subsection (2)(l)(i)(A).
702 (II) Beginning with municipal fiscal year 2003, a city or town located within a county
703 to which Subsection (2)(l)(i) applies may increase its certified tax rate to generate within the
704 city or town the same amount of revenue as the county would have collected during county
705 fiscal year 2002 from within the city or town except for Subsection (2)(l)(i)(B).
706 (B) (I) Except as provided in Subsection (2)(l)(ii)(B)(II), an increase in the city or
707 town's certified tax rate under Subsection (2)(l)(ii)(A), whether occurring in a single fiscal year
708 or spread over multiple fiscal years, is subject to the notice and hearing requirements of
709 Sections 59-2-918 and 59-2-919 .
710 (II) For an increase under this Subsection (2)(l)(ii) that generates revenue that does not
711 exceed the same amount of revenue as the county would have collected except for Subsection
712 (2)(l)(i), the requirements of Sections 59-2-918 and 59-2-919 do not apply if the city or town:
713 (Aa) publishes a notice that meets the size, type, placement, and frequency
714 requirements of Section 59-2-919 , reflects that the increase is a shift of a tax from one imposed
715 by the county to one imposed by the city or town, and explains how the revenues from the tax
716 increase will be used; and
717 (Bb) holds a public hearing on the tax shift that may be held in conjunction with the
718 city or town's regular budget hearing.
719 (m) (i) This Subsection (2)(m) applies to each county that:
720 (A) establishes a countywide special service district under Title 17A, Chapter 2, Part
721 13, Utah Special Service District Act, to provide jail service, as provided in Subsection
722 17A-2-1304 (1)(a)(x); and
723 (B) levies a property tax on behalf of the special service district under Section
724 17A-2-1322 .
725 (ii) (A) The certified tax rate of each county to which this Subsection (2)(m) applies
726 shall be decreased by the amount necessary to reduce county revenues by the same amount of
727 revenues that will be generated by the property tax imposed on behalf of the special service
728 district.
729 (B) Each decrease under Subsection (2)(m)(ii)(A) shall occur contemporaneously with
730 the levy on behalf of the special service district under Section 17A-2-1322 .
731 (n) (i) As used in this Subsection (2)(n):
732 (A) "Annexing county" means a county whose unincorporated area is partially or fully
733 included within a fire district or police district by annexation.
734 (B) "Annexing municipality" means a municipality whose area is included within a fire
735 district or police district by annexation.
736 (C) "Equalized [
737 (I) calculating, for each participating county and each participating municipality, the
738 property tax revenue necessary to cover all of the costs associated with providing fire
739 protection, paramedic, and emergency services or extended police protection service, as the
740 case may be:
741 (Aa) for a participating county, in that part of the unincorporated area of the county that
742 is included within the fire district or police district, as the case may be; and
743 (Bb) for a participating municipality, in the municipality; and
744 (II) adding all the amounts calculated under Subsection (2)(n)(i)(C)(I) for all
745 participating counties and all participating municipalities and then dividing that sum by the
746 aggregate taxable value of the property, as adjusted in accordance with Section 59-2-913 :
747 (Aa) for participating counties, in that part of the unincorporated area of all
748 participating counties that is included within the fire district or police district, as the case may
749 be; and
750 (Bb) for participating municipalities, in all the participating municipalities.
751 (D) "Fire district" means a county service area under Title 17A, Chapter 2, Part 4,
752 County Service Area Act, created to provide fire protection, paramedic, and emergency
753 services and in the creation of which an election was not required under Subsection
754 17B-2-214 (3)(c).
755 (E) "Fire protection tax rate" means:
756 (I) for an annexing county, the property tax rate that, when applied to taxable property
757 in that part of the unincorporated area of the county that is included within the fire district,
758 generates enough property tax revenue to cover all the costs associated with providing fire
759 protection, paramedic, and emergency services in [
760 and
761 (II) for an annexing municipality, the property tax rate that generates enough property
762 tax revenue in the municipality to cover all the costs associated with providing fire protection,
763 paramedic, and emergency services in the municipality.
764 (F) "Participating county" means a county whose unincorporated area is partially or
765 fully included within a fire district or police district at the time of the creation of the fire district
766 or police district, respectively.
767 (G) "Participating municipality" means a municipality whose area is included within a
768 fire district or police district at the time of the creation of the fire district or police district,
769 respectively.
770 (H) "Police district" means a county service area under Title 17A, Chapter 2, Part 4,
771 County Service Area Act, created to provide extended police protection service and in the
772 creation of which an election was not required under Subsection 17B-2-214 (3)(c).
773 (I) "Police protection tax rate" means:
774 (I) for an annexing county, the property tax rate that, when applied to the taxable
775 property in that part of the unincorporated area of the county that is included within the police
776 district, generates enough property tax revenue to cover all the costs associated with providing
777 extended police protection service in that unincorporated area of the county; and
778 (II) for an annexing municipality, the property tax rate that generates enough property
779 tax revenue in the municipality to cover all the costs associated with providing extended police
780 protection service in the municipality.
781 (ii) (A) In the first year following creation of a fire district, the certified tax rate of each
782 participating county and each participating municipality shall be decreased by the amount of
783 the equalized [
784 (B) In the first year following creation of a police district, the certified tax rate of each
785 participating county and each participating municipality shall be decreased by the amount of
786 the equalized tax rate.
787 (iii) (A) In the first year following annexation to a fire district, the certified tax rate of
788 each annexing county and each annexing municipality shall be decreased by the fire protection
789 tax rate.
790 (B) (I) In the first year following the annexation of some or all of a county's
791 unincorporated area to a police district, the certified tax rate of the annexing county shall be
792 decreased by the amount of the police protection tax rate.
793 (II) In the first year following a municipality's annexation to a police district, the
794 certified tax rate of the annexing municipality shall be decreased by the amount of the police
795 protection tax rate.
796 (iv) Each tax levied under this section by a fire district or police district shall be
797 considered to be levied by:
798 (A) each participating county and each annexing county for purposes of the county's
799 tax limitation under Section 59-2-908 ; and
800 (B) each participating municipality and each annexing municipality for purposes of the
801 municipality's tax limitation under Section 10-5-112 , for a town, or Section 10-6-133 , for a
802 city.
803 (3) (a) On or before June 22, each taxing entity shall annually adopt a tentative budget.
804 (b) If the taxing entity intends to exceed the certified tax rate, it shall notify the county
805 auditor of:
806 (i) its intent to exceed the certified tax rate; and
807 (ii) the amount by which it proposes to exceed the certified tax rate.
808 (c) The county auditor shall notify all property owners of any intent to exceed the
809 certified tax rate in accordance with Subsection 59-2-919 (2).
810 (4) (a) The taxable value for the base year under Subsection 17B-4-102 (4) shall be
811 reduced for any year to the extent necessary to provide a redevelopment agency established
812 under Title 17B, Chapter 4, Redevelopment Agencies Act, with approximately the same
813 amount of money the agency would have received without a reduction in the county's certified
814 tax rate if:
815 (i) in that year there is a decrease in the certified tax rate under Subsection (2)(c) or
816 (2)(d)(i);
817 (ii) the amount of the decrease is more than 20% of the county's certified tax rate of the
818 previous year; and
819 (iii) the decrease results in a reduction of the amount to be paid to the agency under
820 Section 17B-4-1003 or 17B-4-1004 .
821 (b) The base taxable value under Subsection 17B-4-102 (4) shall be increased in any
822 year to the extent necessary to provide a redevelopment agency with approximately the same
823 amount of money as the agency would have received without an increase in the certified tax
824 rate that year if:
825 (i) in that year the base taxable value under Subsection 17B-4-102 (4) is reduced due to
826 a decrease in the certified tax rate under Subsection (2)(c) or (2)(d)(i); and
827 (ii) The certified tax rate of a city, school district, or special district increases
828 independent of the adjustment to the taxable value of the base year.
829 (c) Notwithstanding a decrease in the certified tax rate under Subsection (2)(c) or
830 (2)(d)(i), the amount of money allocated and, when collected, paid each year to a
831 redevelopment agency established under Title 17B, Chapter 4, Redevelopment Agencies Act,
832 for the payment of bonds or other contract indebtedness, but not for administrative costs, may
833 not be less than that amount would have been without a decrease in the certified tax rate under
834 Subsection (2)(c) or (2)(d)(i).
Legislative Review Note
as of 11-27-04 2:29 PM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.