S.B. 101

1

COUNTY ASSISTANCE TO NONPROFIT
2 ENTITIES
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: David L. Thomas
6 House Sponsor: Brad L. Dee
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to counties' authority to provide services or
11 assistance to or waive fees from nonprofit entities.
12 Highlighted Provisions:
13 This bill:
14 . requires counties to receive fair and adequate consideration for services or
15 assistance provided to or fees waived on behalf of a nonprofit entity, and defines
16 what that consideration may be.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 17-50-303, as last amended by Chapter 105, Laws of Utah 2005
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 17-50-303 is amended to read:
27 17-50-303. County may not give or lend credit -- County may borrow in

28 anticipation of revenues -- Assistance to nonprofit entities.
29 (1) A county may not give or lend its credit to or in aid of any person or corporation,
30 or, except as provided in Subsection (3), appropriate money in aid of any private enterprise.
31 (2) (a) A county may borrow money in anticipation of the collection of taxes and other
32 county revenues in the manner and subject to the conditions of Title 11, Chapter 14, Local
33 Government Bonding Act.
34 (b) A county may incur indebtedness under Subsection (2)(a) for any purpose for which
35 funds of the county may be expended.
36 [(3) After first holding a public hearing, a county may provide services or give other
37 nonmonetary property or assistance to or waive fees required to be paid by a nonprofit entity,
38 whether or not the county receives consideration in return.]
39 (3) (a) A county may not provide services or monetary or nonmonetary assistance to or
40 waive fees required to be paid by a nonprofit entity unless the county receives fair and adequate
41 consideration in return.
42 (b) Consideration paid to a county under Subsection (3)(a) may:
43 (i) be nonmonetary; and
44 (ii) include anything that in the judgment of the county legislative body contributes to
45 the safety, health, prosperity, moral well-being, peace, order, comfort, or convenience of county
46 inhabitants.




Legislative Review Note
as of 6-14-05 10:35 AM

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