H.B. 329

1

COUNTY CONTRACTED SERVICES
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Kory M. Holdaway
5
6 LONG TITLE
7 General Description:
8 This bill enacts provisions related to contracts between counties and municipalities for
9 county-provided services.
10 Highlighted Provisions:
11 This bill:
12 . prohibits counties from charging a municipality, contracting with the county for
13 services, general overhead costs or costs attributable to services made available to
14 all portions of the county; and
15 . provides for court review as to the reasonableness of the costs.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 ENACTS:
22 17-15-28, Utah Code Annotated 1953
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 17-15-28 is enacted to read:
26 17-15-28. County contracted services -- Prohibitions.
27 (1) As used in this section:

28 (a) "General overhead costs" means costs a county would incur regardless of whether
29 or not the county provided the service under contract to the municipality.
30 (b) "Municipality" means a city or town.
31 (2) A county may not charge, directly or indirectly, a municipality that contracts with
32 the county for a service, costs that are:
33 (a) attributable to services made available to all portions of the county; or
34 (b) general overhead costs.
35 (3) The determination of costs under Subsection (2) is subject to court review as to the
36 reasonableness of the costs.




Legislative Review Note
as of 2-8-05 1:23 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel