First Substitute H.B. 65

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 26, 2007 at 4:37 PM by rday. -->

Representative Brad L. Dee proposes the following substitute bill:

1 SPECIAL AND LOCAL DISTRICTS
2 AMENDMENTS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Brad L. Dee
6 Senate Sponsor: Carlene M. Walker
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to special districts and local districts.
11 Highlighted Provisions:
12 This bill:
13 . substantially rewrites, reorganizes, and renumbers provisions related to independent
14 special districts and dependent special districts known as county improvement
15 districts and municipal improvement districts;
16 . consolidates and standardizes provisions relating to district authority, including
17 taxing, bonding, and eminent domain authority, district boards of trustees, actions
18 contesting a district resolution or other action, local district validation proceedings,
19 and other matters, and repeals redundant or inconsistent provisions;
20 . changes terminology applicable to entities previously known as independent special
21 districts, except special service districts, so that they will be known as local
22 districts;
23 . changes terminology applicable to what have previously been known as county
24 improvement districts and municipal improvement districts so that they will be
25 known as assessment areas;

26 . expands the entities that are authorized to designate assessment areas from counties
27 and municipalities to include local districts and special service districts;
28 . authorizes the creation of a new type of limited purposes local government entity
29 known as a basic local district and provides for its authority and the makeup of its
30 board of trustees;
31 . authorizes the creation of a local district by another local district whose boundaries
32 completely encompass the proposed local district if the proposed local district is
33 being created to provide one or more components of the same service that the
34 initiating local district is authorized to provide;
35 . extends eminent domain authority to cemetery maintenance districts and
36 standardizes language related to the eminent domain authority of all local districts
37 that have eminent domain authority;
38 . authorizes local districts to acquire, lease, or construct and operate electrical
39 generation, transmission, and distribution facilities if the facilities are to harness
40 energy that results inherently from the district's operations, the primary purpose of
41 the facilities is incidental to the district's primary operations, and the operation of
42 the facilities will not hinder or interfere with the district's primary operations;
43 . modifies the types of services that local districts may provide;
44 . eliminates a redundant provision regarding the circumstances under which a local
45 district is conclusively presumed to be incorporated;
46 . modifies a provision prohibiting board of trustees members from being employed by
47 the local district and provides an exception for remote districts;
48 . authorizes a local district's board of trustees to determine the district's fiscal year;
49 . authorizes local districts to combine a notice and hearing related to the district's
50 budget with the notice and hearing on a proposed fee increase;
51 . authorizes local districts to charge on a single bill for multiple commodities,
52 services, or facilities the district provides and to suspend furnishing the commodity,
53 service, or facility for a customer's failure to pay;
54 . authorizes local districts to certify delinquent fees or charges to the county treasurer
55 and so that they become a lien on the customer's property;
56 . increases the debt limit of a former regional service area from 5% to 12% of the

57 taxable value of taxable property in the service area;
58 . increases the debt limit of a cemetery maintenance district from .0001 to .004 of the
59 taxable value of taxable property in the district;
60 . increases the debt limit of a mosquito abatement district from .0001 to .0004 of the
61 taxable value of taxable property in the district;
62 . modifies the calculation of the debt limit of a drainage district from $1.50 per acre
63 to .002 of the taxable value of taxable property in the district;
64 . establishes a debt limit for basic local districts;
65 . modifies the basis for calculating the debt limit of some districts from taxable value
66 to fair market value;
67 . allows a municipality within an improvement district to elect not to appoint a
68 member to the board of trustees and participate instead in the election of board
69 members;
70 . provides an exception to a residency requirement for board of trustees members in a
71 district with a specified percentage of seasonally occupied homes;
72 . eliminates county legislative body approval as a requirement for a drainage district
73 to levy a property tax;
74 . expands the authority of drainage districts to incur debt and authorizes them to incur
75 long-term debt;
76 . modifies a provision relating to fire protection districts boards of trustees;
77 . authorizes mosquito abatement districts to establish a reserve fund for extraordinary
78 abatement measures;
79 . authorizes local districts to allow another political subdivision to use surplus
80 capacity or have an ownership interest in district facilities for monetary,
81 nonmonetary, or no consideration;
82 . authorizes local districts to allow another political subdivision or a public or private
83 property owner to use the surface of land on which the district has a right-of-way,
84 for monetary, nonmonetary, or no consideration;
85 . validates existing fire protection district boards of trustees;
86 . modifies provisions relating to the board of trustees of a metropolitan water district;
87 . modifies the area within which a mosquito abatement district may provide service;

88 . eliminates a public transit district provision relating to labor dispute arbitration;
89 . transforms a former regional service area into a service area and makes the former
90 regional service area subject to provisions applicable to service area;
91 . rewrites and modifies powers of water conservancy districts and other political
92 subdivisions to enter into agreements related to water and water works;
93 . rewrites and consolidates provisions relating to different classes of water
94 conservancy district assessments;
95 . authorizes a local government entity to finance operation and maintenance costs of
96 improvements through an assessment area;
97 . authorizes a local government entity to add additional property to a designated
98 assessment area under certain circumstances;
99 . authorizes a local government entity to issue bond anticipation notes with respect to
100 anticipated bonds secured by property in an assessment area;
101 . authorizes the levy of assessments in an assessment area by zones;
102 . modifies provisions related to a board of equalization with respect to assessments
103 levied in an assessment area;
104 . authorizes a local government entity to designate a trustee for purposes of
105 foreclosing a lien after a delinquency;
106 . modifies provisions relating to a guaranty fund and reserve fund for paying
107 obligations relating to an assessment area;
108 . allows property owners to waive requirements applicable to the designation of an
109 assessment area and the levying of an assessment in an assessment area; and
110 . makes technical and conforming changes.
111 Monies Appropriated in this Bill:
112 None
113 Other Special Clauses:
114 This bill coordinates with H.B. 103, Statewide Mutual Aid Act, by providing changes
115 in terminology.
116 This bill coordinates with H.B. 140, Safe Drinking Water Amendments, by providing
117 changes in terminology.
118 This bill coordinates with H.B. 222, Open and Public Meetings - Electronic Notice, by

119 providing changes in terminology.
120 This bill coordinates with H.B. 253, Allowing State Memorials on State Property, by
121 providing changes in terminology.
122 This bill coordinates with H.B. 272, Prohibition Relating to Fees on Foster Homes for
123 the Use of Emergency Services, by providing changes in terminology.
124 This bill coordinates with H.B. 337, Local Government Post-Employment Benefit Trust
125 Fund Amendments, by providing changes in terminology.
126 This bill coordinates with H.B. 372, Local District Amendments, by providing
127 substantive amendments.
128 This bill coordinates with H.B. 430, Public Employees Union Financial Responsibility
129 Act, by providing changes in terminology.
130 This bill coordinates with H.B. 450, Law Enforcement Districts, by providing changes
131 in terminolgy and substantive amendments.
132 This bill coordinates with S.B. 22, Sales and Use Tax Exemptions For Certain
133 Governmental Entities, and Entities Within the State Systems of Public and Higher
134 Education by providing technical changes.
135 This bill coordinates with S.B. 95, Permanent Instream Flow to Preserve Water Quality,
136 by providing changes in terminology and technical changes.
137 This bill coordinates with S.B. 98, Governmental Immunity for Trails, by providing
138 changes in terminology and substantive amendments.
139 This bill coordinates with S.B. 111, Free Exercise of Religion Without Government
140 Interference, by providing changes in terminology.
141 This bill coordinates with S.B. 172, Municipal Land Use, Development, and
142 Management Changes, by providing changes in terminology.
143 This bill coordinates with S.B. 232, Military Installation Development Authority, by
144 providing changes in terminology.
145 This bill provides revisor instructions.
146 Utah Code Sections Affected:
147 AMENDS:
148 8-5-5, as last amended by Chapter 123, Laws of Utah 2002
149 10-1-117, as last amended by Chapter 233, Laws of Utah 2005

150 10-2-101, as last amended by Chapter 3, Laws of Utah 1997, Second Special Session
151 10-2-106, as last amended by Chapter 105, Laws of Utah 1999
152 10-2-401, as last amended by Chapter 206, Laws of Utah 2001
153 10-2-403, as last amended by Chapter 259, Laws of Utah 2004
154 10-2-406, as last amended by Chapters 211 and 257, Laws of Utah 2003
155 10-2-412, as last amended by Chapter 206, Laws of Utah 2001
156 10-2-413, as last amended by Chapter 206, Laws of Utah 2001
157 10-2-414, as last amended by Chapter 211, Laws of Utah 2003
158 10-2-418, as last amended by Chapter 227, Laws of Utah 2003
159 10-2-419, as last amended by Chapter 233, Laws of Utah 2005
160 10-2-425, as last amended by Chapter 233, Laws of Utah 2005
161 10-2-428, as enacted by Chapter 227, Laws of Utah 2003
162 10-5-119, as last amended by Chapter 30, Laws of Utah 1992
163 10-6-131, as enacted by Chapter 26, Laws of Utah 1979
164 10-7-14.2, as last amended by Chapter 30, Laws of Utah 1992
165 10-9a-103, as last amended by Chapters 14, 163, 240, 257 and 289, Laws of Utah 2006
166 10-9a-305, as last amended by Chapter 364, Laws of Utah 2006
167 11-2-1, as last amended by Chapter 9, Laws of Utah 1980
168 11-13-103, as last amended by Chapter 21, Laws of Utah 2003
169 11-14-102, as last amended by Chapter 83, Laws of Utah 2006
170 11-14-301, as last amended by Chapter 83, Laws of Utah 2006
171 11-14a-1, as enacted by Chapter 266, Laws of Utah 1995
172 11-27-2, as last amended by Chapter 359, Laws of Utah 2006
173 11-30-2, as enacted by Chapter 197, Laws of Utah 1987
174 11-31-2, as last amended by Chapter 12, Laws of Utah 2001
175 11-34-1, as enacted by Chapter 200, Laws of Utah 1987
176 11-36-102, as last amended by Chapter 257, Laws of Utah 2006
177 11-36-201, as last amended by Chapter 240, Laws of Utah 2006
178 11-36-202, as last amended by Chapters 240 and 257, Laws of Utah 2006
179 11-36-501, as last amended by Chapter 71, Laws of Utah 2005
180 11-39-101, as last amended by Chapter 94, Laws of Utah 2004

181 11-39-103, as last amended by Chapter 94, Laws of Utah 2004
182 11-39-107, as last amended by Chapter 25, Laws of Utah 2005
183 11-40-101, as last amended by Chapter 90, Laws of Utah 2004
184 14-1-18, as last amended by Chapter 25, Laws of Utah 2005
185 15-7-2, as enacted by Chapter 62, Laws of Utah 1983
186 17-23-17, as last amended by Chapter 155, Laws of Utah 2004
187 17-27a-103, as last amended by Chapters 14, 163, 240, 257 and 289, Laws of Utah
188 2006
189 17-27a-305, as last amended by Chapter 364, Laws of Utah 2006
190 17-35b-302, as last amended by Chapter 133, Laws of Utah 2000
191 17-35b-303, as enacted by Chapter 369, Laws of Utah 1998
192 17-36-9, as last amended by Chapter 300, Laws of Utah 1999
193 17-36-29, as last amended by Chapter 212, Laws of Utah 1996
194 17-41-101, as last amended by Chapter 194, Laws of Utah 2006
195 17-43-201, as last amended by Chapters 2 and 71, Laws of Utah 2005
196 17-43-301, as last amended by Chapter 71, Laws of Utah 2005
197 17-50-103, as enacted by Chapter 185, Laws of Utah 2000
198 17-52-403, as last amended by Chapter 241, Laws of Utah 2001
199 17A-2-1314, as last amended by Chapter 259, Laws of Utah 2003
200 17A-2-1315, as last amended by Chapter 105, Laws of Utah 2005
201 17A-2-1326, as last amended by Chapter 83, Laws of Utah 2006
202 17A-2-1330, as renumbered and amended by Chapter 186, Laws of Utah 1990
203 17C-1-102, as last amended by Chapter 254 and renumbered and amended by Chapter
204 359, Laws of Utah 2006
205 19-3-301, as last amended by Chapter 148, Laws of Utah 2005
206 19-4-111, as last amended by Chapter 185, Laws of Utah 2003
207 19-6-502, as renumbered and amended by Chapter 112, Laws of Utah 1991
208 20A-1-102, as last amended by Chapters 16, 264 and 326, Laws of Utah 2006
209 20A-1-201.5, as last amended by Chapter 355, Laws of Utah 2006
210 20A-1-202, as last amended by Chapter 241, Laws of Utah 2000
211 20A-1-512, as last amended by Chapter 108, Laws of Utah 1994

212 20A-2-101, as last amended by Chapter 266, Laws of Utah 1998
213 20A-3-101, as last amended by Chapter 177, Laws of Utah 2002
214 20A-3-102, as enacted by Chapter 1, Laws of Utah 1993
215 20A-3-501, as last amended by Chapter 127, Laws of Utah 2003
216 20A-4-301, as last amended by Chapter 355, Laws of Utah 2006
217 20A-4-304, as last amended by Chapters 326 and 355, Laws of Utah 2006
218 20A-4-305, as last amended by Chapter 24, Laws of Utah 1997
219 20A-4-401, as last amended by Chapter 105, Laws of Utah 2005
220 20A-5-101, as last amended by Chapter 249, Laws of Utah 2003
221 20A-5-201, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
222 20A-5-302, as last amended by Chapter 5, Laws of Utah 2005, First Special Session
223 20A-5-400.5, as last amended by Chapter 105, Laws of Utah 2005
224 20A-5-401, as last amended by Chapters 264 and 326, Laws of Utah 2006
225 20A-5-403, as last amended by Chapter 326, Laws of Utah 2006
226 20A-5-407, as last amended by Chapter 21, Laws of Utah 1994
227 20A-5-602, as last amended by Chapter 40, Laws of Utah 1998
228 20A-9-101, as last amended by Chapter 24, Laws of Utah 1997
229 20A-9-503, as last amended by Chapter 45, Laws of Utah 1999
230 20A-11-1202, as last amended by Chapter 142, Laws of Utah 2004
231 26-8a-405.1, as last amended by Chapter 60, Laws of Utah 2006
232 32A-2-103, as last amended by Chapter 152, Laws of Utah 2005
233 32A-3-106, as last amended by Chapter 152, Laws of Utah 2005
234 32A-4-106, as last amended by Chapter 268, Laws of Utah 2004
235 32A-4-307, as last amended by Chapter 268, Laws of Utah 2004
236 32A-5-107, as last amended by Chapter 268, Laws of Utah 2004
237 34-30-14, as enacted by Chapter 72, Laws of Utah 1995
238 34-32-1.1, as last amended by Chapter 220, Laws of Utah 2004
239 34-41-101, as enacted by Chapter 18, Laws of Utah 1994
240 36-12-13, as last amended by Chapter 55, Laws of Utah 1998
241 49-11-102, as last amended by Chapter 116, Laws of Utah 2005
242 51-4-2, as last amended by Chapters 10 and 215, Laws of Utah 1997

243 52-4-203, as renumbered and amended by Chapter 14 and last amended by Chapters
244 263 and 265, Laws of Utah 2006
245 53-3-207, as last amended by Chapter 20, Laws of Utah 2005
246 53-7-104, as last amended by Chapter 25, Laws of Utah 2001
247 53-10-605, as last amended by Chapter 169, Laws of Utah 2005
248 53-13-103, as last amended by Chapter 347, Laws of Utah 2006
249 53A-2-123, as last amended by Chapter 169, Laws of Utah 2005
250 53B-16-104, as enacted by Chapter 21, Laws of Utah 2000
251 54-3-28, as last amended by Chapter 169, Laws of Utah 2005
252 54-8c-1, as last amended by Chapter 30, Laws of Utah 1992
253 54-14-103, as enacted by Chapter 197, Laws of Utah 1997
254 57-8-27, as last amended by Chapter 265, Laws of Utah 2003
255 59-2-102, as last amended by Chapters 223 and 249, Laws of Utah 2006
256 59-2-511, as last amended by Chapter 254, Laws of Utah 2005
257 59-2-912, as last amended by Chapter 227, Laws of Utah 1993
258 59-2-924, as last amended by Chapters 26, 105 and 359, Laws of Utah 2006
259 59-2-1101, as last amended by Chapter 19, Laws of Utah 2005
260 59-12-104, as last amended by Chapters 181, 182, 217, 218, 219, 220, 246, 268 and
261 346, Laws of Utah 2006
262 59-12-501, as last amended by Chapter 253, Laws of Utah 2006
263 59-12-502, as last amended by Chapters 253 and 329, Laws of Utah 2006
264 59-12-1001, as last amended by Chapter 253, Laws of Utah 2006
265 59-12-1502, as enacted by Chapter 282, Laws of Utah 2003
266 59-12-1503, as last amended by Chapter 253, Laws of Utah 2006
267 59-12-1703, as enacted by Chapter 1, Laws of Utah 2006, Fourth Special Session
268 63-2-103, as last amended by Chapters 2, 261 and 300, Laws of Utah 2006
269 63-6-1 (Effective 07/01/07), as last amended by Chapter 357, Laws of Utah 2006
270 63-30d-102, as enacted by Chapter 267, Laws of Utah 2004
271 63-30d-401, as enacted by Chapter 267, Laws of Utah 2004
272 63-38-3.3, as last amended by Chapter 66, Laws of Utah 2005
273 63-38d-102, as enacted by Chapter 16, Laws of Utah 2003

274 63-38d-601, as enacted by Chapter 298, Laws of Utah 2005
275 63-38f-2002, as enacted by Chapter 151, Laws of Utah 2005
276 63-51-2, as last amended by Chapter 12, Laws of Utah 1994
277 63-56-102, as renumbered and amended by Chapter 25, Laws of Utah 2005
278 63-56-201, as renumbered and amended by Chapter 25, Laws of Utah 2005
279 63-90a-1, as enacted by Chapter 91, Laws of Utah 1994
280 63-90b-102, as enacted by Chapter 99, Laws of Utah 2005
281 63-91-102, as last amended by Chapter 293, Laws of Utah 1996
282 63-93-102, as enacted by Chapter 256, Laws of Utah 1997
283 63-96-102, as enacted by Chapter 341, Laws of Utah 1998
284 63A-9-401, as last amended by Chapter 34, Laws of Utah 2004
285 63C-7-103, as enacted by Chapter 136, Laws of Utah 1997
286 63D-2-102, as enacted by Chapter 175, Laws of Utah 2004
287 63E-1-102, as last amended by Chapter 46, Laws of Utah 2006
288 63F-1-507, as last amended by Chapter 359, Laws of Utah 2006
289 67-1a-6.5, as last amended by Chapter 359, Laws of Utah 2006
290 67-3-1, as last amended by Chapter 71, Laws of Utah 2005
291 67-11-2, as last amended by Chapter 92, Laws of Utah 1987
292 67-21-2, as last amended by Chapter 189, Laws of Utah 1989
293 71-8-1, as last amended by Chapter 134, Laws of Utah 2000
294 71-10-1, as last amended by Chapter 134, Laws of Utah 2000
295 72-1-208, as renumbered and amended by Chapter 270, Laws of Utah 1998
296 72-1-303, as last amended by Chapter 336, Laws of Utah 2004
297 72-2-201, as renumbered and amended by Chapter 270, Laws of Utah 1998
298 72-10-601, as enacted by Chapter 137, Laws of Utah 2006
299 73-1-4, as last amended by Chapter 99, Laws of Utah 2003
300 73-2-1, as last amended by Chapter 165, Laws of Utah 2005
301 73-5-15, as enacted by Chapter 193, Laws of Utah 2006
302 73-10-1, as last amended by Chapter 10, Laws of Utah 1997
303 73-10-21, as last amended by Chapter 30, Laws of Utah 1992
304 73-10-32, as last amended by Chapter 43, Laws of Utah 2004

305 76-10-1503, as last amended by Chapter 151, Laws of Utah 1998
306 78-27-63, as last amended by Chapter 304, Laws of Utah 2006
307 ENACTS:
308 11-42-101, Utah Code Annotated 1953
309 11-42-102, Utah Code Annotated 1953
310 11-42-103, Utah Code Annotated 1953
311 11-42-104, Utah Code Annotated 1953
312 11-42-105, Utah Code Annotated 1953
313 11-42-106, Utah Code Annotated 1953
314 11-42-107, Utah Code Annotated 1953
315 11-42-108, Utah Code Annotated 1953
316 11-42-109, Utah Code Annotated 1953
317 11-42-201, Utah Code Annotated 1953
318 11-42-202, Utah Code Annotated 1953
319 11-42-203, Utah Code Annotated 1953
320 11-42-204, Utah Code Annotated 1953
321 11-42-205, Utah Code Annotated 1953
322 11-42-206, Utah Code Annotated 1953
323 11-42-207, Utah Code Annotated 1953
324 11-42-208, Utah Code Annotated 1953
325 11-42-301, Utah Code Annotated 1953
326 11-42-302, Utah Code Annotated 1953
327 11-42-401, Utah Code Annotated 1953
328 11-42-402, Utah Code Annotated 1953
329 11-42-403, Utah Code Annotated 1953
330 11-42-404, Utah Code Annotated 1953
331 11-42-405, Utah Code Annotated 1953
332 11-42-406, Utah Code Annotated 1953
333 11-42-407, Utah Code Annotated 1953
334 11-42-408, Utah Code Annotated 1953
335 11-42-409, Utah Code Annotated 1953

336 11-42-410, Utah Code Annotated 1953
337 11-42-411, Utah Code Annotated 1953
338 11-42-412, Utah Code Annotated 1953
339 11-42-413, Utah Code Annotated 1953
340 11-42-414, Utah Code Annotated 1953
341 11-42-415, Utah Code Annotated 1953
342 11-42-416, Utah Code Annotated 1953
343 11-42-501, Utah Code Annotated 1953
344 11-42-502, Utah Code Annotated 1953
345 11-42-503, Utah Code Annotated 1953
346 11-42-504, Utah Code Annotated 1953
347 11-42-505, Utah Code Annotated 1953
348 11-42-506, Utah Code Annotated 1953
349 11-42-601, Utah Code Annotated 1953
350 11-42-602, Utah Code Annotated 1953
351 11-42-603, Utah Code Annotated 1953
352 11-42-604, Utah Code Annotated 1953
353 11-42-605, Utah Code Annotated 1953
354 11-42-606, Utah Code Annotated 1953
355 11-42-607, Utah Code Annotated 1953
356 11-42-608, Utah Code Annotated 1953
357 11-42-609, Utah Code Annotated 1953
358 11-42-701, Utah Code Annotated 1953
359 11-42-702, Utah Code Annotated 1953
360 11-42-703, Utah Code Annotated 1953
361 11-42-704, Utah Code Annotated 1953
362 11-42-705, Utah Code Annotated 1953
363 11-42-706, Utah Code Annotated 1953
364 17B-1-101, Utah Code Annotated 1953
365 17B-1-103, Utah Code Annotated 1953
366 17B-1-112, Utah Code Annotated 1953

367 17B-1-114, Utah Code Annotated 1953
368 17B-1-115, Utah Code Annotated 1953
369 17B-1-116, Utah Code Annotated 1953
370 17B-1-117, Utah Code Annotated 1953
371 17B-1-308, Utah Code Annotated 1953
372 17B-1-313, Utah Code Annotated 1953
373 17B-1-501, Utah Code Annotated 1953
374 17B-1-623, Utah Code Annotated 1953
375 17B-1-901, Utah Code Annotated 1953
376 17B-1-1001, Utah Code Annotated 1953
377 17B-1-1002, Utah Code Annotated 1953
378 17B-1-1101, Utah Code Annotated 1953
379 17B-1-1102, Utah Code Annotated 1953
380 17B-1-1103, Utah Code Annotated 1953
381 17B-1-1104, Utah Code Annotated 1953
382 17B-1-1105, Utah Code Annotated 1953
383 17B-1-1106, Utah Code Annotated 1953
384 17B-1-1107, Utah Code Annotated 1953
385 17B-1-1201, Utah Code Annotated 1953
386 17B-1-1202, Utah Code Annotated 1953
387 17B-1-1203, Utah Code Annotated 1953
388 17B-1-1204, Utah Code Annotated 1953
389 17B-1-1205, Utah Code Annotated 1953
390 17B-1-1206, Utah Code Annotated 1953
391 17B-1-1207, Utah Code Annotated 1953
392 17B-1-1401, Utah Code Annotated 1953
393 17B-1-1402, Utah Code Annotated 1953
394 17B-2a-101, Utah Code Annotated 1953
395 17B-2a-102, Utah Code Annotated 1953
396 17B-2a-103, Utah Code Annotated 1953
397 17B-2a-104, Utah Code Annotated 1953

398 17B-2a-105, Utah Code Annotated 1953
399 17B-2a-106, Utah Code Annotated 1953
400 17B-2a-107, Utah Code Annotated 1953
401 17B-2a-201, Utah Code Annotated 1953
402 17B-2a-202, Utah Code Annotated 1953
403 17B-2a-203, Utah Code Annotated 1953
404 17B-2a-204, Utah Code Annotated 1953
405 17B-2a-205, Utah Code Annotated 1953
406 17B-2a-206, Utah Code Annotated 1953
407 17B-2a-207, Utah Code Annotated 1953
408 17B-2a-208, Utah Code Annotated 1953
409 17B-2a-209, Utah Code Annotated 1953
410 17B-2a-210, Utah Code Annotated 1953
411 17B-2a-211, Utah Code Annotated 1953
412 17B-2a-301, Utah Code Annotated 1953
413 17B-2a-302, Utah Code Annotated 1953
414 17B-2a-303, Utah Code Annotated 1953
415 17B-2a-304, Utah Code Annotated 1953
416 17B-2a-305, Utah Code Annotated 1953
417 17B-2a-306, Utah Code Annotated 1953
418 17B-2a-401, Utah Code Annotated 1953
419 17B-2a-402, Utah Code Annotated 1953
420 17B-2a-404, Utah Code Annotated 1953
421 17B-2a-405, Utah Code Annotated 1953
422 17B-2a-501, Utah Code Annotated 1953
423 17B-2a-502, Utah Code Annotated 1953
424 17B-2a-503, Utah Code Annotated 1953
425 17B-2a-504, Utah Code Annotated 1953
426 17B-2a-505, Utah Code Annotated 1953
427 17B-2a-506, Utah Code Annotated 1953
428 17B-2a-507, Utah Code Annotated 1953

429 17B-2a-508, Utah Code Annotated 1953
430 17B-2a-509, Utah Code Annotated 1953
431 17B-2a-510, Utah Code Annotated 1953
432 17B-2a-511, Utah Code Annotated 1953
433 17B-2a-512, Utah Code Annotated 1953
434 17B-2a-513, Utah Code Annotated 1953
435 17B-2a-514, Utah Code Annotated 1953
436 17B-2a-515, Utah Code Annotated 1953
437 17B-2a-516, Utah Code Annotated 1953
438 17B-2a-601, Utah Code Annotated 1953
439 17B-2a-602, Utah Code Annotated 1953
440 17B-2a-603, Utah Code Annotated 1953
441 17B-2a-604, Utah Code Annotated 1953
442 17B-2a-605, Utah Code Annotated 1953
443 17B-2a-606, Utah Code Annotated 1953
444 17B-2a-607, Utah Code Annotated 1953
445 17B-2a-701, Utah Code Annotated 1953
446 17B-2a-702, Utah Code Annotated 1953
447 17B-2a-703, Utah Code Annotated 1953
448 17B-2a-704, Utah Code Annotated 1953
449 17B-2a-801, Utah Code Annotated 1953
450 17B-2a-802, Utah Code Annotated 1953
451 17B-2a-803, Utah Code Annotated 1953
452 17B-2a-804, Utah Code Annotated 1953
453 17B-2a-805, Utah Code Annotated 1953
454 17B-2a-806, Utah Code Annotated 1953
455 17B-2a-808, Utah Code Annotated 1953
456 17B-2a-810, Utah Code Annotated 1953
457 17B-2a-811, Utah Code Annotated 1953
458 17B-2a-812, Utah Code Annotated 1953
459 17B-2a-813, Utah Code Annotated 1953

460 17B-2a-815, Utah Code Annotated 1953
461 17B-2a-816, Utah Code Annotated 1953
462 17B-2a-817, Utah Code Annotated 1953
463 17B-2a-818, Utah Code Annotated 1953
464 17B-2a-819, Utah Code Annotated 1953
465 17B-2a-820, Utah Code Annotated 1953
466 17B-2a-824, Utah Code Annotated 1953
467 17B-2a-901, Utah Code Annotated 1953
468 17B-2a-902, Utah Code Annotated 1953
469 17B-2a-903, Utah Code Annotated 1953
470 17B-2a-904, Utah Code Annotated 1953
471 17B-2a-905, Utah Code Annotated 1953
472 17B-2a-906, Utah Code Annotated 1953
473 17B-2a-1001, Utah Code Annotated 1953
474 17B-2a-1002, Utah Code Annotated 1953
475 17B-2a-1003, Utah Code Annotated 1953
476 17B-2a-1004, Utah Code Annotated 1953
477 17B-2a-1006, Utah Code Annotated 1953
478 17B-2a-1007, Utah Code Annotated 1953
479 17B-2a-1008, Utah Code Annotated 1953
480 RENUMBERS AND AMENDS:
481 17B-1-102, (Renumbered from 17B-2-101, as last amended by Chapter 90, Laws of
482 Utah 2001)
483 17B-1-104, (Renumbered from 17B-2-102, as enacted by Chapter 90, Laws of Utah
484 2001)
485 17B-1-105, (Renumbered from 17A-1-204, as last amended by Chapter 183, Laws of
486 Utah 2001)
487 17B-1-106, (Renumbered from 17B-2-104, as last amended by Chapter 169, Laws of
488 Utah 2005)
489 17B-1-107, (Renumbered from 17A-1-701, as enacted by Chapter 44, Laws of Utah
490 1994)

491 17B-1-108, (Renumbered from 17A-1-802, as enacted by Chapter 21, Laws of Utah
492 2000)
493 17B-1-109, (Renumbered from 17A-1-202, as last amended by Chapter 200, Laws of
494 Utah 1995)
495 17B-1-110, (Renumbered from 17A-1-201, as enacted by Chapter 273, Laws of Utah
496 1991)
497 17B-1-111, (Renumbered from 17A-1-203, as enacted by Chapter 11, Laws of Utah
498 1995, First Special Session)
499 17B-1-113, (Renumbered from 17A-1-504, as enacted by Chapter 221, Laws of Utah
500 1998)
501 17B-1-201, (Renumbered from 17B-2-201, as last amended by Chapter 90, Laws of
502 Utah 2001)
503 17B-1-202, (Renumbered from 17B-2-202, as last amended by Chapter 257, Laws of
504 Utah 2003)
505 17B-1-203, (Renumbered from 17B-2-203, as last amended by Chapter 254, Laws of
506 Utah 2000)
507 17B-1-204, (Renumbered from 17B-2-204, as enacted by Chapter 368, Laws of Utah
508 1998)
509 17B-1-205, (Renumbered from 17B-2-205, as enacted by Chapter 368, Laws of Utah
510 1998)
511 17B-1-206, (Renumbered from 17B-2-206, as enacted by Chapter 368, Laws of Utah
512 1998)
513 17B-1-207, (Renumbered from 17B-2-207, as enacted by Chapter 368, Laws of Utah
514 1998)
515 17B-1-208, (Renumbered from 17B-2-208, as last amended by Chapter 254, Laws of
516 Utah 2000)
517 17B-1-209, (Renumbered from 17B-2-209, as enacted by Chapter 368, Laws of Utah
518 1998)
519 17B-1-210, (Renumbered from 17B-2-210, as enacted by Chapter 368, Laws of Utah
520 1998)
521 17B-1-211, (Renumbered from 17B-2-211, as enacted by Chapter 368, Laws of Utah

522 1998)
523 17B-1-212, (Renumbered from 17B-2-212, as enacted by Chapter 368, Laws of Utah
524 1998)
525 17B-1-213, (Renumbered from 17B-2-213, as last amended by Chapter 257, Laws of
526 Utah 2003)
527 17B-1-214, (Renumbered from 17B-2-214, as last amended by Chapter 6, Laws of Utah
528 2003, Second Special Session)
529 17B-1-215, (Renumbered from 17B-2-215, as last amended by Chapter 233, Laws of
530 Utah 2005)
531 17B-1-216, (Renumbered from 17B-2-216, as last amended by Chapter 233, Laws of
532 Utah 2005)
533 17B-1-217, (Renumbered from 17A-2-103, as last amended by Chapter 83, Laws of
534 Utah 2006)
535 17B-1-301, (Renumbered from 17B-2-401, as enacted by Chapter 254, Laws of Utah
536 2000)
537 17B-1-302, (Renumbered from 17B-2-402, as enacted by Chapter 254, Laws of Utah
538 2000)
539 17B-1-303, (Renumbered from 17B-2-403, as enacted by Chapter 254, Laws of Utah
540 2000)
541 17B-1-304, (Renumbered from 17A-1-303, as last amended by Chapter 14, Laws of
542 Utah 2006)
543 17B-1-305, (Renumbered from 17A-1-304, as last amended by Chapter 241, Laws of
544 Utah 2000)
545 17B-1-306, (Renumbered from 17A-1-305, as last amended by Chapters 81 and 241,
546 Laws of Utah 2000)
547 17B-1-307, (Renumbered from 17B-2-404, as enacted by Chapter 254, Laws of Utah
548 2000)
549 17B-1-309, (Renumbered from 17B-2-405, as enacted by Chapter 254, Laws of Utah
550 2000)
551 17B-1-310, (Renumbered from 17B-2-406, as last amended by Chapter 14, Laws of
552 Utah 2006)

553 17B-1-311, (Renumbered from 17A-1-306, as enacted by Chapter 273, Laws of Utah
554 1991)
555 17B-1-312, (Renumbered from 17A-2-102, as enacted by Chapter 154, Laws of Utah
556 1999)
557 17B-1-401, (Renumbered from 17B-2-501, as enacted by Chapter 90, Laws of Utah
558 2001)
559 17B-1-402, (Renumbered from 17B-2-502, as last amended by Chapter 257, Laws of
560 Utah 2003)
561 17B-1-403, (Renumbered from 17B-2-503, as last amended by Chapter 158, Laws of
562 Utah 2004)
563 17B-1-404, (Renumbered from 17B-2-504, as enacted by Chapter 90, Laws of Utah
564 2001)
565 17B-1-405, (Renumbered from 17B-2-505, as enacted by Chapter 90, Laws of Utah
566 2001)
567 17B-1-406, (Renumbered from 17B-2-506, as enacted by Chapter 90, Laws of Utah
568 2001)
569 17B-1-407, (Renumbered from 17B-2-507, as enacted by Chapter 90, Laws of Utah
570 2001)
571 17B-1-408, (Renumbered from 17B-2-508, as enacted by Chapter 90, Laws of Utah
572 2001)
573 17B-1-409, (Renumbered from 17B-2-509, as enacted by Chapter 90, Laws of Utah
574 2001)
575 17B-1-410, (Renumbered from 17B-2-510, as last amended by Chapter 89, Laws of
576 Utah 2003)
577 17B-1-411, (Renumbered from 17B-2-511, as enacted by Chapter 90, Laws of Utah
578 2001)
579 17B-1-412, (Renumbered from 17B-2-512, as last amended by Chapters 89 and 170,
580 Laws of Utah 2003)
581 17B-1-413, (Renumbered from 17B-2-513, as enacted by Chapter 90, Laws of Utah
582 2001)
583 17B-1-414, (Renumbered from 17B-2-514, as last amended by Chapter 233, Laws of

584 Utah 2005)
585 17B-1-415, (Renumbered from 17B-2-515, as last amended by Chapter 170, Laws of
586 Utah 2003)
587 17B-1-416, (Renumbered from 17B-2-515.5, as last amended by Chapters 71 and 233,
588 Laws of Utah 2005)
589 17B-1-417, (Renumbered from 17B-2-516, as last amended by Chapter 233, Laws of
590 Utah 2005)
591 17B-1-418, (Renumbered from 17B-2-517, as enacted by Chapter 90, Laws of Utah
592 2001)
593 17B-1-502, (Renumbered from 17B-2-601, as last amended by Chapters 36 and 233,
594 Laws of Utah 2005)
595 17B-1-503, (Renumbered from 17B-2-602, as enacted by Chapter 284, Laws of Utah
596 2002)
597 17B-1-504, (Renumbered from 17B-2-603, as last amended by Chapter 257, Laws of
598 Utah 2003)
599 17B-1-505, (Renumbered from 17B-2-603.5, as last amended by Chapter 233, Laws of
600 Utah 2005)
601 17B-1-506, (Renumbered from 17B-2-604, as last amended by Chapter 90, Laws of
602 Utah 2004)
603 17B-1-507, (Renumbered from 17B-2-605, as enacted by Chapter 284, Laws of Utah
604 2002)
605 17B-1-508, (Renumbered from 17B-2-606, as enacted by Chapter 284, Laws of Utah
606 2002)
607 17B-1-509, (Renumbered from 17B-2-607, as enacted by Chapter 284, Laws of Utah
608 2002)
609 17B-1-510, (Renumbered from 17B-2-608, as last amended by Chapter 105, Laws of
610 Utah 2005)
611 17B-1-511, (Renumbered from 17B-2-609, as enacted by Chapter 284, Laws of Utah
612 2002)
613 17B-1-512, (Renumbered from 17B-2-610, as last amended by Chapters 36 and 233,
614 Laws of Utah 2005)

615 17B-1-513, (Renumbered from 17B-2-611, as enacted by Chapter 284, Laws of Utah
616 2002)
617 17B-1-601, (Renumbered from 17A-1-404, as renumbered and amended by Chapter
618 186, Laws of Utah 1990)
619 17B-1-602, (Renumbered from 17A-1-405, as renumbered and amended by Chapter
620 186, Laws of Utah 1990)
621 17B-1-603, (Renumbered from 17A-1-406, as renumbered and amended by Chapter
622 186, Laws of Utah 1990)
623 17B-1-604, (Renumbered from 17A-1-407, as renumbered and amended by Chapter
624 186, Laws of Utah 1990)
625 17B-1-605, (Renumbered from 17A-1-408, as renumbered and amended by Chapter
626 186, Laws of Utah 1990)
627 17B-1-606, (Renumbered from 17A-1-409, as renumbered and amended by Chapter
628 186, Laws of Utah 1990)
629 17B-1-607, (Renumbered from 17A-1-410, as renumbered and amended by Chapter
630 186, Laws of Utah 1990)
631 17B-1-608, (Renumbered from 17A-1-411, as last amended by Chapter 30, Laws of
632 Utah 1992)
633 17B-1-609, (Renumbered from 17A-1-412, as last amended by Chapter 145, Laws of
634 Utah 1997)
635 17B-1-610, (Renumbered from 17A-1-413, as renumbered and amended by Chapter
636 186, Laws of Utah 1990)
637 17B-1-611, (Renumbered from 17A-1-414, as renumbered and amended by Chapter
638 186, Laws of Utah 1990)
639 17B-1-612, (Renumbered from 17A-1-415, as last amended by Chapter 216, Laws of
640 Utah 1995)
641 17B-1-613, (Renumbered from 17A-1-416, as renumbered and amended by Chapter
642 186, Laws of Utah 1990)
643 17B-1-614, (Renumbered from 17A-1-417, as renumbered and amended by Chapter
644 186, Laws of Utah 1990)
645 17B-1-615, (Renumbered from 17A-1-418, as renumbered and amended by Chapter

646 186, Laws of Utah 1990)
647 17B-1-616, (Renumbered from 17A-1-419, as renumbered and amended by Chapter
648 186, Laws of Utah 1990)
649 17B-1-617, (Renumbered from 17A-1-420, as renumbered and amended by Chapter
650 186, Laws of Utah 1990)
651 17B-1-618, (Renumbered from 17A-1-421, as renumbered and amended by Chapter
652 186, Laws of Utah 1990)
653 17B-1-619, (Renumbered from 17A-1-422, as renumbered and amended by Chapter
654 186, Laws of Utah 1990)
655 17B-1-620, (Renumbered from 17A-1-423, as renumbered and amended by Chapter
656 186, Laws of Utah 1990)
657 17B-1-621, (Renumbered from 17A-1-424, as renumbered and amended by Chapter
658 186, Laws of Utah 1990)
659 17B-1-622, (Renumbered from 17A-1-425, as renumbered and amended by Chapter
660 186, Laws of Utah 1990)
661 17B-1-624, (Renumbered from 17A-1-427, as renumbered and amended by Chapter
662 186, Laws of Utah 1990)
663 17B-1-625, (Renumbered from 17A-1-428, as last amended by Chapter 30, Laws of
664 Utah 1992)
665 17B-1-626, (Renumbered from 17A-1-429, as renumbered and amended by Chapter
666 186, Laws of Utah 1990)
667 17B-1-627, (Renumbered from 17A-1-430, as renumbered and amended by Chapter
668 186, Laws of Utah 1990)
669 17B-1-628, (Renumbered from 17A-1-431, as renumbered and amended by Chapter
670 186, Laws of Utah 1990)
671 17B-1-629, (Renumbered from 17A-1-432, as last amended by Chapter 178, Laws of
672 Utah 2006)
673 17B-1-630, (Renumbered from 17A-1-433, as renumbered and amended by Chapter
674 186, Laws of Utah 1990)
675 17B-1-631, (Renumbered from 17A-1-434, as renumbered and amended by Chapter
676 186, Laws of Utah 1990)

677 17B-1-632, (Renumbered from 17A-1-436, as last amended by Chapter 200, Laws of
678 Utah 1995)
679 17B-1-633, (Renumbered from 17A-1-437, as last amended by Chapter 1, Laws of Utah
680 2000)
681 17B-1-634, (Renumbered from 17A-1-438, as renumbered and amended by Chapter
682 186, Laws of Utah 1990)
683 17B-1-635, (Renumbered from 17A-1-439, as last amended by Chapter 145, Laws of
684 Utah 1997)
685 17B-1-636, (Renumbered from 17A-1-440, as renumbered and amended by Chapter
686 186, Laws of Utah 1990)
687 17B-1-637, (Renumbered from 17A-1-441, as renumbered and amended by Chapter
688 186, Laws of Utah 1990)
689 17B-1-638, (Renumbered from 17A-1-442, as renumbered and amended by Chapter
690 186, Laws of Utah 1990)
691 17B-1-639, (Renumbered from 17A-1-443, as last amended by Chapter 257, Laws of
692 Utah 2006)
693 17B-1-640, (Renumbered from 17A-1-444, as last amended by Chapter 71, Laws of
694 Utah 2005)
695 17B-1-641, (Renumbered from 17A-1-445, as renumbered and amended by Chapter
696 186, Laws of Utah 1990)
697 17B-1-642, (Renumbered from 17A-1-447, as last amended by Chapter 145, Laws of
698 Utah 1997)
699 17B-1-643, (Renumbered from 17A-1-448, as last amended by Chapter 14, Laws of
700 Utah 2006)
701 17B-1-644, (Renumbered from 17A-2-105, as enacted by Chapter 29, Laws of Utah
702 2005)
703 17B-1-701, (Renumbered from 17A-1-501, as last amended by Chapter 71, Laws of
704 Utah 2005)
705 17B-1-702, (Renumbered from 17A-1-502, as last amended by Chapter 295, Laws of
706 Utah 2004)
707 17B-1-703, (Renumbered from 17A-1-503, as last amended by Chapter 295, Laws of

708 Utah 2004)
709 17B-1-801, (Renumbered from 17A-1-601, as last amended by Chapter 4, Laws of Utah
710 1993)
711 17B-1-802, (Renumbered from 17A-1-602, as enacted by Chapter 22, Laws of Utah
712 1992)
713 17B-1-803, (Renumbered from 17A-1-603, as enacted by Chapter 22, Laws of Utah
714 1992)
715 17B-1-804, (Renumbered from 17A-1-604, as enacted by Chapter 284, Laws of Utah
716 2003)
717 17B-1-902, (Renumbered from 17B-2-803, as enacted by Chapter 316, Laws of Utah
718 2004)
719 17B-1-903, (Renumbered from 17B-2-802, as enacted by Chapter 316, Laws of Utah
720 2004)
721 17B-1-904, (Renumbered from 17B-2-801, as enacted by Chapter 316, Laws of Utah
722 2004)
723 17B-1-1301, (Renumbered from 17B-2-701, as enacted by Chapter 90, Laws of Utah
724 2001)
725 17B-1-1302, (Renumbered from 17B-2-702, as enacted by Chapter 90, Laws of Utah
726 2001)
727 17B-1-1303, (Renumbered from 17B-2-703, as enacted by Chapter 90, Laws of Utah
728 2001)
729 17B-1-1304, (Renumbered from 17B-2-704, as enacted by Chapter 90, Laws of Utah
730 2001)
731 17B-1-1305, (Renumbered from 17B-2-705, as enacted by Chapter 90, Laws of Utah
732 2001)
733 17B-1-1306, (Renumbered from 17B-2-706, as enacted by Chapter 90, Laws of Utah
734 2001)
735 17B-1-1307, (Renumbered from 17B-2-707, as enacted by Chapter 90, Laws of Utah
736 2001)
737 17B-1-1308, (Renumbered from 17B-2-708, as last amended by Chapter 233, Laws of
738 Utah 2005)

739 17B-2a-403, (Renumbered from 17A-2-301, as last amended by Chapter 284, Laws of
740 Utah 2002)
741 17B-2a-406, (Renumbered from 17A-2-302, as renumbered and amended by Chapter
742 186, Laws of Utah 1990)
743 17B-2a-705, (Renumbered from 17A-2-910, as last amended by Chapter 227, Laws of
744 Utah 1993)
745 17B-2a-807, (Renumbered from 17A-2-1038, as last amended by Chapters 295 and
746 336, Laws of Utah 2004)
747 17B-2a-809, (Renumbered from 17A-2-1060.1, as enacted by Chapter 295, Laws of
748 Utah 2004)
749 17B-2a-814, (Renumbered from 17A-2-1050, as last amended by Chapter 254, Laws of
750 Utah 2000)
751 17B-2a-821, (Renumbered from 17A-2-1061, as enacted by Chapter 151, Laws of Utah
752 1998)
753 17B-2a-822, (Renumbered from 17A-2-1062, as last amended by Chapter 347, Laws of
754 Utah 2006)
755 17B-2a-823, (Renumbered from 17A-2-1063, as last amended by Chapter 295, Laws of
756 Utah 2004)
757 17B-2a-907, (Renumbered from 17A-2-413, as last amended by Chapter 90, Laws of
758 Utah 2001)
759 17B-2a-1005, (Renumbered from 17A-2-1409, as last amended by Chapter 71, Laws of
760 Utah 2005)
761 REPEALS:
762 17A-1-101, as enacted by Chapter 273, Laws of Utah 1991
763 17A-1-102, as last amended by Chapter 170, Laws of Utah 2003
764 17A-1-205, as enacted by Chapter 316, Laws of Utah 2004
765 17A-1-301, as last amended by Chapters 131 and 184, Laws of Utah 2003
766 17A-1-302, as repealed and reenacted by Chapter 1, Laws of Utah 1993
767 17A-1-401, as renumbered and amended by Chapter 186, Laws of Utah 1990
768 17A-1-402, as renumbered and amended by Chapter 186, Laws of Utah 1990
769 17A-1-403, as last amended by Chapter 359, Laws of Utah 2006

770 17A-1-426, as renumbered and amended by Chapter 186, Laws of Utah 1990
771 17A-1-446, as renumbered and amended by Chapter 186, Laws of Utah 1990
772 17A-1-801, as last amended by Chapter 25, Laws of Utah 2005
773 17A-2-101, as last amended by Chapter 90, Laws of Utah 2001
774 17A-2-101.3, as last amended by Chapter 284, Laws of Utah 2002
775 17A-2-104, as last amended by Chapter 169, Laws of Utah 2005
776 17A-2-201, as renumbered and amended by Chapter 186, Laws of Utah 1990
777 17A-2-208, as last amended by Chapter 254, Laws of Utah 2000
778 17A-2-210, as last amended by Chapter 254, Laws of Utah 2000
779 17A-2-216, as last amended by Chapter 227, Laws of Utah 1993
780 17A-2-217, as renumbered and amended by Chapter 186, Laws of Utah 1990
781 17A-2-219, as last amended by Chapters 1 and 254, Laws of Utah 2000
782 17A-2-221, as renumbered and amended by Chapter 186, Laws of Utah 1990
783 17A-2-222, as renumbered and amended by Chapter 186, Laws of Utah 1990
784 17A-2-223, as last amended by Chapter 83, Laws of Utah 2006
785 17A-2-226, as renumbered and amended by Chapter 186, Laws of Utah 1990
786 17A-2-305, as last amended by Chapter 254, Laws of Utah 2000
787 17A-2-306, as last amended by Chapter 105, Laws of Utah 2005
788 17A-2-307, as last amended by Chapter 105, Laws of Utah 2005
789 17A-2-308, as last amended by Chapter 254, Laws of Utah 2000
790 17A-2-309, as last amended by Chapter 105, Laws of Utah 2005
791 17A-2-310, as last amended by Chapter 316, Laws of Utah 2004
792 17A-2-312, as renumbered and amended by Chapter 186, Laws of Utah 1990
793 17A-2-313, as renumbered and amended by Chapter 186, Laws of Utah 1990
794 17A-2-315, as last amended by Chapter 83, Laws of Utah 2006
795 17A-2-317, as last amended by Chapter 83, Laws of Utah 2006
796 17A-2-318, as renumbered and amended by Chapter 186, Laws of Utah 1990
797 17A-2-319, as renumbered and amended by Chapter 186, Laws of Utah 1990
798 17A-2-320, as last amended by Chapter 273, Laws of Utah 1991
799 17A-2-322, as last amended by Chapter 227, Laws of Utah 1993
800 17A-2-323, as renumbered and amended by Chapter 186, Laws of Utah 1990

801 17A-2-325, as last amended by Chapter 71, Laws of Utah 2005
802 17A-2-327, as renumbered and amended by Chapter 186, Laws of Utah 1990
803 17A-2-328, as last amended by Chapter 25, Laws of Utah 2005
804 17A-2-329, as renumbered and amended by Chapter 186, Laws of Utah 1990
805 17A-2-401, as renumbered and amended by Chapter 186, Laws of Utah 1990
806 17A-2-402, as last amended by Chapter 368, Laws of Utah 1998
807 17A-2-403, as last amended by Chapter 257, Laws of Utah 2003
808 17A-2-405, as last amended by Chapter 131, Laws of Utah 2003
809 17A-2-411, as last amended by Chapter 257, Laws of Utah 2003
810 17A-2-412, as last amended by Chapter 368, Laws of Utah 1998
811 17A-2-414, as last amended by Chapter 13, Laws of Utah 2005, First Special Session
812 17A-2-415, as renumbered and amended by Chapter 186, Laws of Utah 1990
813 17A-2-416, as last amended by Chapter 316, Laws of Utah 2004
814 17A-2-418, as last amended by Chapter 284, Laws of Utah 2002
815 17A-2-419, as renumbered and amended by Chapter 186, Laws of Utah 1990
816 17A-2-423, as last amended by Chapter 83, Laws of Utah 2006
817 17A-2-424, as last amended by Chapter 83, Laws of Utah 2006
818 17A-2-425, as renumbered and amended by Chapter 186, Laws of Utah 1990
819 17A-2-426, as last amended by Chapter 83, Laws of Utah 2006
820 17A-2-428, as last amended by Chapter 83, Laws of Utah 2006
821 17A-2-429, as repealed and reenacted by Chapter 83, Laws of Utah 2006
822 17A-2-431, as last amended by Chapter 83, Laws of Utah 2006
823 17A-2-502, as last amended by Chapter 368, Laws of Utah 1998
824 17A-2-506, as last amended by Chapter 254, Laws of Utah 2000
825 17A-2-509, as last amended by Chapter 254, Laws of Utah 2000
826 17A-2-511, as last amended by Chapter 254, Laws of Utah 2000
827 17A-2-512, as last amended by Chapter 254, Laws of Utah 2000
828 17A-2-514, as last amended by Chapter 254, Laws of Utah 2000
829 17A-2-522, as last amended by Chapter 39, Laws of Utah 2005
830 17A-2-523, as renumbered and amended by Chapter 186, Laws of Utah 1990
831 17A-2-524, as renumbered and amended by Chapter 186, Laws of Utah 1990

832 17A-2-525, as renumbered and amended by Chapter 186, Laws of Utah 1990
833 17A-2-526, as last amended by Chapter 10, Laws of Utah 1997
834 17A-2-527, as renumbered and amended by Chapter 186, Laws of Utah 1990
835 17A-2-528, as renumbered and amended by Chapter 186, Laws of Utah 1990
836 17A-2-530, as last amended by Chapter 90, Laws of Utah 2001
837 17A-2-532, as last amended by Chapter 254, Laws of Utah 2000
838 17A-2-533, as last amended by Chapter 254, Laws of Utah 2000
839 17A-2-534, as last amended by Chapters 1 and 254, Laws of Utah 2000
840 17A-2-535, as last amended by Chapters 1 and 254, Laws of Utah 2000
841 17A-2-536, as last amended by Chapter 254, Laws of Utah 2000
842 17A-2-537, as last amended by Chapter 254, Laws of Utah 2000
843 17A-2-538, as renumbered and amended by Chapter 186, Laws of Utah 1990
844 17A-2-539, as renumbered and amended by Chapter 186, Laws of Utah 1990
845 17A-2-540, as last amended by Chapter 254, Laws of Utah 2000
846 17A-2-541, as last amended by Chapter 254, Laws of Utah 2000
847 17A-2-542, as renumbered and amended by Chapter 186, Laws of Utah 1990
848 17A-2-543, as last amended by Chapter 83, Laws of Utah 2006
849 17A-2-544, as last amended by Chapters 1 and 254, Laws of Utah 2000
850 17A-2-545, as last amended by Chapter 254, Laws of Utah 2000
851 17A-2-548, as last amended by Chapter 254, Laws of Utah 2000
852 17A-2-549, as last amended by Chapter 254, Laws of Utah 2000
853 17A-2-550, as last amended by Chapter 254, Laws of Utah 2000
854 17A-2-551, as last amended by Chapter 254, Laws of Utah 2000
855 17A-2-552, as last amended by Chapter 254, Laws of Utah 2000
856 17A-2-553, as last amended by Chapters 1 and 254, Laws of Utah 2000
857 17A-2-554, as renumbered and amended by Chapter 186, Laws of Utah 1990
858 17A-2-555, as last amended by Chapter 254, Laws of Utah 2000
859 17A-2-556, as last amended by Chapter 9, Laws of Utah 2001
860 17A-2-557, as renumbered and amended by Chapter 186, Laws of Utah 1990
861 17A-2-559, as renumbered and amended by Chapter 186, Laws of Utah 1990
862 17A-2-560, as last amended by Chapter 254, Laws of Utah 2000

863 17A-2-601, as last amended by Chapter 368, Laws of Utah 1998
864 17A-2-607, as last amended by Chapter 368, Laws of Utah 1998
865 17A-2-609, as last amended by Chapter 254, Laws of Utah 2000
866 17A-2-610, as last amended by Chapter 254, Laws of Utah 2000
867 17A-2-611, as renumbered and amended by Chapter 186, Laws of Utah 1990
868 17A-2-612, as repealed and reenacted by Chapter 273, Laws of Utah 1991
869 17A-2-613, as last amended by Chapter 254, Laws of Utah 2000
870 17A-2-615, as last amended by Chapter 254, Laws of Utah 2000
871 17A-2-616, as renumbered and amended by Chapter 186, Laws of Utah 1990
872 17A-2-617, as last amended by Chapter 254, Laws of Utah 2000
873 17A-2-618, as last amended by Chapter 254, Laws of Utah 2000
874 17A-2-619, as last amended by Chapter 254, Laws of Utah 2000
875 17A-2-620, as renumbered and amended by Chapter 186, Laws of Utah 1990
876 17A-2-621, as renumbered and amended by Chapter 186, Laws of Utah 1990
877 17A-2-622, as last amended by Chapter 105, Laws of Utah 2005
878 17A-2-623, as renumbered and amended by Chapter 186, Laws of Utah 1990
879 17A-2-701.1, as enacted by Chapter 285, Laws of Utah 2002
880 17A-2-701.2, as enacted by Chapter 285, Laws of Utah 2002
881 17A-2-701.5, as enacted by Chapter 285, Laws of Utah 2002
882 17A-2-706, as last amended by Chapter 90, Laws of Utah 2001
883 17A-2-707, as last amended by Chapter 254, Laws of Utah 2000
884 17A-2-711, as last amended by Chapter 285, Laws of Utah 2002
885 17A-2-712, as last amended by Chapter 105, Laws of Utah 2005
886 17A-2-713, as renumbered and amended by Chapter 186, Laws of Utah 1990
887 17A-2-717.5, as enacted by Chapter 285, Laws of Utah 2002
888 17A-2-718, as last amended by Chapter 285, Laws of Utah 2002
889 17A-2-719.5, as enacted by Chapter 285, Laws of Utah 2002
890 17A-2-721, as last amended by Chapter 285, Laws of Utah 2002
891 17A-2-722, as last amended by Chapter 285, Laws of Utah 2002
892 17A-2-724, as last amended by Chapter 285, Laws of Utah 2002
893 17A-2-726, as last amended by Chapter 285, Laws of Utah 2002

894 17A-2-728, as last amended by Chapter 254, Laws of Utah 2000
895 17A-2-729, as renumbered and amended by Chapter 186, Laws of Utah 1990
896 17A-2-730, as last amended by Chapter 90, Laws of Utah 2001
897 17A-2-738, as last amended by Chapter 90, Laws of Utah 2001
898 17A-2-739, as renumbered and amended by Chapter 186, Laws of Utah 1990
899 17A-2-749, as last amended by Chapter 90, Laws of Utah 2001
900 17A-2-750, as last amended by Chapter 254, Laws of Utah 2000
901 17A-2-751, as last amended by Chapter 90, Laws of Utah 2001
902 17A-2-752, as last amended by Chapter 90, Laws of Utah 2001
903 17A-2-753, as renumbered and amended by Chapter 186, Laws of Utah 1990
904 17A-2-754, as last amended by Chapter 285, Laws of Utah 2002
905 17A-2-755, as last amended by Chapter 285, Laws of Utah 2002
906 17A-2-756, as last amended by Chapter 285, Laws of Utah 2002
907 17A-2-757, as last amended by Chapter 254, Laws of Utah 2000
908 17A-2-758, as last amended by Chapter 90, Laws of Utah 2001
909 17A-2-759, as last amended by Chapter 90, Laws of Utah 2001
910 17A-2-760, as last amended by Chapter 254, Laws of Utah 2000
911 17A-2-761, as last amended by Chapter 285, Laws of Utah 2002
912 17A-2-762, as renumbered and amended by Chapter 186, Laws of Utah 1990
913 17A-2-763, as renumbered and amended by Chapter 186, Laws of Utah 1990
914 17A-2-764, as renumbered and amended by Chapter 186, Laws of Utah 1990
915 17A-2-765, as renumbered and amended by Chapter 186, Laws of Utah 1990
916 17A-2-766, as renumbered and amended by Chapter 186, Laws of Utah 1990
917 17A-2-767, as last amended by Chapter 254, Laws of Utah 2000
918 17A-2-801, as last amended by Chapter 90, Laws of Utah 2001
919 17A-2-802, as last amended by Chapter 254, Laws of Utah 2000
920 17A-2-803, as last amended by Chapter 90, Laws of Utah 2001
921 17A-2-810, as renumbered and amended by Chapter 186, Laws of Utah 1990
922 17A-2-818, as last amended by Chapter 39, Laws of Utah 2005
923 17A-2-819, as last amended by Chapter 70, Laws of Utah 2001
924 17A-2-820, as last amended by Chapter 254, Laws of Utah 2000

925 17A-2-821, as last amended by Chapter 105, Laws of Utah 2005
926 17A-2-823, as renumbered and amended by Chapter 186, Laws of Utah 1990
927 17A-2-824, as last amended by Chapter 105, Laws of Utah 2005
928 17A-2-826, as last amended by Chapter 105, Laws of Utah 2005
929 17A-2-827, as last amended by Chapter 254, Laws of Utah 2000
930 17A-2-828, as last amended by Chapter 254, Laws of Utah 2000
931 17A-2-829, as last amended by Chapter 254, Laws of Utah 2000
932 17A-2-830, as last amended by Chapter 254, Laws of Utah 2000
933 17A-2-831, as last amended by Chapter 254, Laws of Utah 2000
934 17A-2-833, as renumbered and amended by Chapter 186, Laws of Utah 1990
935 17A-2-834, as last amended by Chapter 254, Laws of Utah 2000
936 17A-2-835, as last amended by Chapter 254, Laws of Utah 2000
937 17A-2-836, as last amended by Chapter 254, Laws of Utah 2000
938 17A-2-837, as renumbered and amended by Chapter 186, Laws of Utah 1990
939 17A-2-838, as renumbered and amended by Chapter 186, Laws of Utah 1990
940 17A-2-839, as renumbered and amended by Chapter 186, Laws of Utah 1990
941 17A-2-840, as last amended by Chapter 254, Laws of Utah 2000
942 17A-2-843, as last amended by Chapter 254, Laws of Utah 2000
943 17A-2-845, as last amended by Chapter 254, Laws of Utah 2000
944 17A-2-846, as renumbered and amended by Chapter 186, Laws of Utah 1990
945 17A-2-847, as last amended by Chapter 254, Laws of Utah 2000
946 17A-2-848, as renumbered and amended by Chapter 186, Laws of Utah 1990
947 17A-2-849, as last amended by Chapter 254, Laws of Utah 2000
948 17A-2-850, as last amended by Chapter 254, Laws of Utah 2000
949 17A-2-851, as renumbered and amended by Chapter 186, Laws of Utah 1990
950 17A-2-901, as renumbered and amended by Chapter 186, Laws of Utah 1990
951 17A-2-906, as last amended by Chapter 368, Laws of Utah 1998
952 17A-2-907, as last amended by Chapter 254, Laws of Utah 2000
953 17A-2-908, as last amended by Chapter 83, Laws of Utah 2006
954 17A-2-909, as last amended by Chapter 227, Laws of Utah 1993
955 17A-2-911, as renumbered and amended by Chapter 186, Laws of Utah 1990

956 17A-2-914, as renumbered and amended by Chapter 186, Laws of Utah 1990
957 17A-2-1001, as renumbered and amended by Chapter 186, Laws of Utah 1990
958 17A-2-1002, as renumbered and amended by Chapter 186, Laws of Utah 1990
959 17A-2-1003, as renumbered and amended by Chapter 186, Laws of Utah 1990
960 17A-2-1004, as last amended by Chapters 151 and 217, Laws of Utah 1998
961 17A-2-1016, as last amended by Chapter 136, Laws of Utah 2005
962 17A-2-1017, as renumbered and amended by Chapter 186, Laws of Utah 1990
963 17A-2-1018, as renumbered and amended by Chapter 186, Laws of Utah 1990
964 17A-2-1019, as renumbered and amended by Chapter 186, Laws of Utah 1990
965 17A-2-1020, as renumbered and amended by Chapter 186, Laws of Utah 1990
966 17A-2-1021, as renumbered and amended by Chapter 186, Laws of Utah 1990
967 17A-2-1022, as renumbered and amended by Chapter 186, Laws of Utah 1990
968 17A-2-1023, as last amended by Chapter 1, Laws of Utah 2000
969 17A-2-1024, as last amended by Chapter 1, Laws of Utah 2000
970 17A-2-1025, as renumbered and amended by Chapter 186, Laws of Utah 1990
971 17A-2-1026, as renumbered and amended by Chapter 186, Laws of Utah 1990
972 17A-2-1027, as renumbered and amended by Chapter 186, Laws of Utah 1990
973 17A-2-1028, as renumbered and amended by Chapter 186, Laws of Utah 1990
974 17A-2-1029, as renumbered and amended by Chapter 186, Laws of Utah 1990
975 17A-2-1030, as last amended by Chapter 1, Laws of Utah 2000
976 17A-2-1031, as renumbered and amended by Chapter 186, Laws of Utah 1990
977 17A-2-1032, as renumbered and amended by Chapter 186, Laws of Utah 1990
978 17A-2-1033, as renumbered and amended by Chapter 186, Laws of Utah 1990
979 17A-2-1034, as renumbered and amended by Chapter 186, Laws of Utah 1990
980 17A-2-1035, as renumbered and amended by Chapter 186, Laws of Utah 1990
981 17A-2-1036, as last amended by Chapter 285, Laws of Utah 1992
982 17A-2-1037, as last amended by Chapter 105, Laws of Utah 2005
983 17A-2-1039, as last amended by Chapter 336, Laws of Utah 2004
984 17A-2-1040, as last amended by Chapter 254, Laws of Utah 2000
985 17A-2-1041, as renumbered and amended by Chapter 186, Laws of Utah 1990
986 17A-2-1042, as renumbered and amended by Chapter 186, Laws of Utah 1990

987 17A-2-1043, as renumbered and amended by Chapter 186, Laws of Utah 1990
988 17A-2-1044, as last amended by Chapter 254, Laws of Utah 2000
989 17A-2-1045, as renumbered and amended by Chapter 186, Laws of Utah 1990
990 17A-2-1046, as renumbered and amended by Chapter 186, Laws of Utah 1990
991 17A-2-1047, as renumbered and amended by Chapter 186, Laws of Utah 1990
992 17A-2-1048, as last amended by Chapter 90, Laws of Utah 2001
993 17A-2-1051, as last amended by Chapter 71, Laws of Utah 2005
994 17A-2-1052, as last amended by Chapter 254, Laws of Utah 2000
995 17A-2-1053, as renumbered and amended by Chapter 186, Laws of Utah 1990
996 17A-2-1054, as last amended by Chapter 254, Laws of Utah 2000
997 17A-2-1055, as renumbered and amended by Chapter 186, Laws of Utah 1990
998 17A-2-1056, as last amended by Chapter 102, Laws of Utah 2005
999 17A-2-1057, as renumbered and amended by Chapter 186, Laws of Utah 1990
1000 17A-2-1058, as last amended by Chapter 105, Laws of Utah 2005
1001 17A-2-1059, as last amended by Chapter 133, Laws of Utah 2000
1002 17A-2-1060, as enacted by Chapter 131, Laws of Utah 1997
1003 17A-2-1401, as renumbered and amended by Chapter 186, Laws of Utah 1990
1004 17A-2-1402, as last amended by Chapter 254, Laws of Utah 2000
1005 17A-2-1412, as last amended by Chapter 254, Laws of Utah 2000
1006 17A-2-1413, as last amended by Chapter 9, Laws of Utah 2001
1007 17A-2-1414, as last amended by Chapter 105, Laws of Utah 2005
1008 17A-2-1415, as last amended by Chapter 234, Laws of Utah 1991
1009 17A-2-1416, as renumbered and amended by Chapter 186, Laws of Utah 1990
1010 17A-2-1417, as renumbered and amended by Chapter 186, Laws of Utah 1990
1011 17A-2-1418, as renumbered and amended by Chapter 186, Laws of Utah 1990
1012 17A-2-1419, as renumbered and amended by Chapter 186, Laws of Utah 1990
1013 17A-2-1420, as last amended by Chapter 90, Laws of Utah 2001
1014 17A-2-1421, as renumbered and amended by Chapter 186, Laws of Utah 1990
1015 17A-2-1422, as renumbered and amended by Chapter 186, Laws of Utah 1990
1016 17A-2-1423, as last amended by Chapter 159, Laws of Utah 2006
1017 17A-2-1424, as last amended by Chapter 227, Laws of Utah 1993

1018 17A-2-1425, as last amended by Chapters 1 and 254, Laws of Utah 2000
1019 17A-2-1426, as last amended by Chapter 5, Laws of Utah 1991
1020 17A-2-1427, as renumbered and amended by Chapter 186, Laws of Utah 1990
1021 17A-2-1428, as last amended by Chapter 261, Laws of Utah 1996
1022 17A-2-1429, as renumbered and amended by Chapter 186, Laws of Utah 1990
1023 17A-2-1430, as last amended by Chapter 227, Laws of Utah 1993
1024 17A-2-1431, as renumbered and amended by Chapter 186, Laws of Utah 1990
1025 17A-2-1432, as renumbered and amended by Chapter 186, Laws of Utah 1990
1026 17A-2-1433, as renumbered and amended by Chapter 186, Laws of Utah 1990
1027 17A-2-1434, as renumbered and amended by Chapter 186, Laws of Utah 1990
1028 17A-2-1435, as renumbered and amended by Chapter 186, Laws of Utah 1990
1029 17A-2-1436, as renumbered and amended by Chapter 186, Laws of Utah 1990
1030 17A-2-1439, as last amended by Chapter 105, Laws of Utah 2005
1031 17A-2-1440, as last amended by Chapter 105, Laws of Utah 2005
1032 17A-2-1441, as last amended by Chapter 261, Laws of Utah 1996
1033 17A-2-1442, as last amended by Chapter 254, Laws of Utah 2000
1034 17A-2-1443, as renumbered and amended by Chapter 186, Laws of Utah 1990
1035 17A-2-1444, as last amended by Chapter 1, Laws of Utah 2000
1036 17A-2-1445, as last amended by Chapter 5, Laws of Utah 1991
1037 17A-2-1446, as renumbered and amended by Chapter 186, Laws of Utah 1990
1038 17A-2-1447, as renumbered and amended by Chapter 186, Laws of Utah 1990
1039 17A-2-1448, as last amended by Chapter 9, Laws of Utah 2001
1040 17A-2-1449, as last amended by Chapter 9, Laws of Utah 2001
1041 17A-2-1801, as enacted by Chapter 216, Laws of Utah 1995
1042 17A-2-1802, as last amended by Chapter 19, Laws of Utah 1998
1043 17A-2-1803, as last amended by Chapter 1, Laws of Utah 2000
1044 17A-2-1804, as enacted by Chapter 216, Laws of Utah 1995
1045 17A-2-1805, as last amended by Chapter 1, Laws of Utah 2000
1046 17A-2-1806, as enacted by Chapter 216, Laws of Utah 1995
1047 17A-2-1807, as enacted by Chapter 216, Laws of Utah 1995
1048 17A-2-1808, as last amended by Chapter 254, Laws of Utah 2000

1049 17A-2-1821, as last amended by Chapter 90, Laws of Utah 2001
1050 17A-2-1822, as enacted by Chapter 216, Laws of Utah 1995
1051 17A-2-1823, as last amended by Chapter 105, Laws of Utah 2005
1052 17A-2-1824, as enacted by Chapter 216, Laws of Utah 1995
1053 17A-2-1826, as enacted by Chapter 216, Laws of Utah 1995
1054 17A-2-1828, as last amended by Chapter 83, Laws of Utah 2006
1055 17A-2-1829, as enacted by Chapter 216, Laws of Utah 1995
1056 17A-2-1830, as last amended by Chapter 267, Laws of Utah 2004
1057 17A-2-1831, as enacted by Chapter 216, Laws of Utah 1995
1058 17A-2-1832, as enacted by Chapter 216, Laws of Utah 1995
1059 17A-3-201, as renumbered and amended by Chapter 186, Laws of Utah 1990
1060 17A-3-202, as renumbered and amended by Chapter 186, Laws of Utah 1990
1061 17A-3-203, as last amended by Chapter 227, Laws of Utah 1993
1062 17A-3-204, as last amended by Chapters 12 and 146, Laws of Utah 1994
1063 17A-3-205, as renumbered and amended by Chapter 186 and last amended by Chapter
1064 214, Laws of Utah 1990
1065 17A-3-206, as renumbered and amended by Chapter 186, Laws of Utah 1990
1066 17A-3-207, as last amended by Chapter 181, Laws of Utah 1991
1067 17A-3-208, as last amended by Chapter 259, Laws of Utah 2003
1068 17A-3-209, as last amended by Chapter 1, Laws of Utah 2000
1069 17A-3-210, as last amended by Chapter 92, Laws of Utah 2002
1070 17A-3-211, as renumbered and amended by Chapter 186, Laws of Utah 1990
1071 17A-3-212, as renumbered and amended by Chapter 186, Laws of Utah 1990
1072 17A-3-213, as renumbered and amended by Chapter 186, Laws of Utah 1990
1073 17A-3-214, as renumbered and amended by Chapter 186, Laws of Utah 1990
1074 17A-3-215, as renumbered and amended by Chapter 186, Laws of Utah 1990
1075 17A-3-216, as renumbered and amended by Chapter 186, Laws of Utah 1990
1076 17A-3-217, as renumbered and amended by Chapter 186, Laws of Utah 1990
1077 17A-3-218, as last amended by Chapter 133, Laws of Utah 2000
1078 17A-3-219, as renumbered and amended by Chapter 186, Laws of Utah 1990
1079 17A-3-220, as last amended by Chapter 92, Laws of Utah 2002

1080 17A-3-221, as renumbered and amended by Chapter 186, Laws of Utah 1990
1081 17A-3-222, as renumbered and amended by Chapter 186 and last amended by Chapter
1082 214, Laws of Utah 1990
1083 17A-3-223, as renumbered and amended by Chapter 186, Laws of Utah 1990
1084 17A-3-224, as renumbered and amended by Chapter 186, Laws of Utah 1990
1085 17A-3-225, as last amended by Chapter 181, Laws of Utah 1995
1086 17A-3-226, as renumbered and amended by Chapter 186, Laws of Utah 1990
1087 17A-3-227, as last amended by Chapter 92, Laws of Utah 2002
1088 17A-3-228, as last amended by Chapter 92, Laws of Utah 2002
1089 17A-3-229, as renumbered and amended by Chapter 186, Laws of Utah 1990
1090 17A-3-230, as renumbered and amended by Chapter 186 and last amended by Chapter
1091 214, Laws of Utah 1990
1092 17A-3-231, as renumbered and amended by Chapter 186, Laws of Utah 1990
1093 17A-3-232, as last amended by Chapter 285, Laws of Utah 1992
1094 17A-3-233, as renumbered and amended by Chapter 186 and last amended by Chapter
1095 214, Laws of Utah 1990
1096 17A-3-234, as renumbered and amended by Chapter 186, Laws of Utah 1990
1097 17A-3-235, as renumbered and amended by Chapter 186 and last amended by Chapter
1098 214, Laws of Utah 1990
1099 17A-3-236, as renumbered and amended by Chapter 186, Laws of Utah 1990
1100 17A-3-237, as renumbered and amended by Chapter 186 and last amended by Chapter
1101 214, Laws of Utah 1990
1102 17A-3-238, as renumbered and amended by Chapter 186 and last amended by Chapter
1103 214, Laws of Utah 1990
1104 17A-3-239, as renumbered and amended by Chapter 186, Laws of Utah 1990
1105 17A-3-240, as renumbered and amended by Chapter 186, Laws of Utah 1990
1106 17A-3-241, as renumbered and amended by Chapter 186, Laws of Utah 1990
1107 17A-3-242, as renumbered and amended by Chapter 186, Laws of Utah 1990
1108 17A-3-243, as last amended by Chapter 30, Laws of Utah 1992
1109 17A-3-244, as renumbered and amended by Chapter 90, Laws of Utah 2001
1110 17A-3-301, as renumbered and amended by Chapter 186, Laws of Utah 1990

1111 17A-3-302, as renumbered and amended by Chapter 186, Laws of Utah 1990
1112 17A-3-303, as last amended by Chapter 1, Laws of Utah 2000
1113 17A-3-304, as last amended by Chapter 261, Laws of Utah 2003
1114 17A-3-305, as renumbered and amended by Chapter 186 and last amended by Chapter
1115 214, Laws of Utah 1990
1116 17A-3-306, as last amended by Chapter 292, Laws of Utah 2003
1117 17A-3-307, as last amended by Chapter 211, Laws of Utah 2003
1118 17A-3-308, as last amended by Chapter 86, Laws of Utah 2000
1119 17A-3-309, as last amended by Chapter 365, Laws of Utah 1999
1120 17A-3-310, as last amended by Chapter 92, Laws of Utah 2002
1121 17A-3-311, as renumbered and amended by Chapter 186, Laws of Utah 1990
1122 17A-3-312, as last amended by Chapter 47, Laws of Utah 1991
1123 17A-3-313, as last amended by Chapter 47, Laws of Utah 1991
1124 17A-3-314, as renumbered and amended by Chapter 186, Laws of Utah 1990
1125 17A-3-315, as renumbered and amended by Chapter 186, Laws of Utah 1990
1126 17A-3-316, as renumbered and amended by Chapter 186 and last amended by Chapter
1127 214, Laws of Utah 1990
1128 17A-3-317, as last amended by Chapter 292, Laws of Utah 2003
1129 17A-3-318, as renumbered and amended by Chapter 186 and last amended by Chapter
1130 214, Laws of Utah 1990
1131 17A-3-319, as renumbered and amended by Chapter 186, Laws of Utah 1990
1132 17A-3-320, as last amended by Chapter 92, Laws of Utah 2002
1133 17A-3-321, as renumbered and amended by Chapter 186, Laws of Utah 1990
1134 17A-3-322, as renumbered and amended by Chapter 186 and last amended by Chapter
1135 214, Laws of Utah 1990
1136 17A-3-323, as renumbered and amended by Chapter 186, Laws of Utah 1990
1137 17A-3-324, as renumbered and amended by Chapter 186, Laws of Utah 1990
1138 17A-3-325, as last amended by Chapter 181, Laws of Utah 1995
1139 17A-3-326, as last amended by Chapter 285, Laws of Utah 1992
1140 17A-3-327, as last amended by Chapter 285, Laws of Utah 1992
1141 17A-3-328, as last amended by Chapter 92, Laws of Utah 2002

1142 17A-3-329, as last amended by Chapter 92, Laws of Utah 2002
1143 17A-3-330, as renumbered and amended by Chapter 186, Laws of Utah 1990
1144 17A-3-331, as renumbered and amended by Chapter 186 and last amended by Chapter
1145 214, Laws of Utah 1990
1146 17A-3-332, as renumbered and amended by Chapter 186, Laws of Utah 1990
1147 17A-3-333, as renumbered and amended by Chapter 186 and last amended by Chapter
1148 214, Laws of Utah 1990
1149 17A-3-334, as last amended by Chapter 285, Laws of Utah 1992
1150 17A-3-335, as last amended by Chapter 285, Laws of Utah 1992
1151 17A-3-336, as renumbered and amended by Chapter 186, Laws of Utah 1990
1152 17A-3-337, as renumbered and amended by Chapter 186 and last amended by Chapter
1153 214, Laws of Utah 1990
1154 17A-3-338, as renumbered and amended by Chapter 186, Laws of Utah 1990
1155 17A-3-339, as renumbered and amended by Chapter 186 and last amended by Chapter
1156 214, Laws of Utah 1990
1157 17A-3-340, as renumbered and amended by Chapter 186 and last amended by Chapter
1158 214, Laws of Utah 1990
1159 17A-3-341, as renumbered and amended by Chapter 186, Laws of Utah 1990
1160 17A-3-342, as renumbered and amended by Chapter 186, Laws of Utah 1990
1161 17A-3-344, as renumbered and amended by Chapter 186, Laws of Utah 1990
1162 17A-3-345, as enacted by Chapter 214, Laws of Utah 1990
1163 17B-2-217, as last amended by Chapter 44, Laws of Utah 2005
1164 17B-2-804, as enacted by Chapter 316, Laws of Utah 2004
1165 17B-2-805, as enacted by Chapter 316, Laws of Utah 2004
1166 54-3-25, as enacted by Chapter 123, Laws of Utah 1990
1167 Uncodified Material Affected:
1168 ENACTS UNCODIFIED MATERIAL
1169
1170 Be it enacted by the Legislature of the state of Utah:
1171 Section 1. Section 8-5-5 is amended to read:
1172 8-5-5. Proceeds of resale of lots.

1173 The proceeds from the subsequent resale of any lot or parcel, title to which has been
1174 revested in the municipality or cemetery maintenance district under Section 8-5-2 or 8-5-6 , less
1175 the costs and expenses incurred in the proceeding, shall become part of the permanent care and
1176 improvement fund of the municipality or cemetery maintenance district, subject to subsequent
1177 disposition under Title 10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, Title 10,
1178 Chapter 6, Uniform Fiscal Procedures Act for Utah Cities, or Title [17A] 17B, Chapter 1, Part
1179 [4, Uniform] 6, Fiscal Procedures for [Special] Local Districts [Act].
1180 Section 2. Section 10-1-117 is amended to read:
1181 10-1-117. Amending articles of incorporation -- Lieutenant governor certification
1182 -- Effective date.
1183 (1) A municipality may amend its articles of incorporation by filing amended articles
1184 with the lieutenant governor.
1185 (2) The lieutenant governor may not certify amended articles of incorporation unless
1186 they have been:
1187 (a) approved by the municipal legislative body; and
1188 (b) signed and verified by the mayor of the municipality.
1189 (3) (a) Within ten days after receiving amended articles of incorporation that comply
1190 with Subsection (2), the lieutenant governor shall:
1191 (i) certify the amended articles; and
1192 (ii) deliver a copy of the certified articles to:
1193 (A) the legislative body of the municipality; and
1194 (B) the clerk of the county in which the municipality is located.
1195 (b) If the lieutenant governor receives amended articles of incorporation reflecting a
1196 municipal annexation or boundary adjustment under Chapter 2, Part 4, Annexation, that also
1197 causes an automatic annexation to a local district under Section [ 17B-2-515.5 ] 17B-1-416 or an
1198 automatic withdrawal from a local district under Subsection [ 17B-2-601 ] 17B-1-502 (2):
1199 (i) the lieutenant governor may not certify the municipality's amended articles or issue
1200 to the local district a certificate of annexation or withdrawal relating to the automatic
1201 annexation or withdrawal until the lieutenant governor receives both the municipality's
1202 amended articles of incorporation under Subsection 10-2-425 (1)(b) and the local district's
1203 notice of annexation under Subsection [ 17B-2-514 ] 17B-1-414 (2)(b) or notice of withdrawal

1204 under Subsection [ 17B-2-610 ] 17B-1-512 (1)(b);
1205 (ii) within ten days after receiving both the municipality's amended articles of
1206 incorporation and the local district's notice of annexation or withdrawal, the lieutenant
1207 governor shall:
1208 (A) simultaneously:
1209 (I) certify the amended articles; and
1210 (II) issue a certificate of annexation or withdrawal, as the case may be;
1211 (B) send a copy of the certified amended articles to the legislative body of the
1212 municipality;
1213 (C) send a certificate of annexation or withdrawal to the local district; and
1214 (D) send a copy of the certified amended articles and certificate of annexation or
1215 withdrawal to:
1216 (I) the State Tax Commission;
1217 (II) the Automated Geographic Reference Center created under Section 63F-1-506 ;
1218 (III) the state auditor; and
1219 (IV) the attorney, auditor, surveyor, and recorder of each county in which any part of
1220 the area included in the municipal annexation is located.
1221 (4) Upon certification by the lieutenant governor, the amended articles shall take effect.
1222 (5) The lieutenant governor:
1223 (a) shall furnish a certified copy of the amended articles of incorporation to any person
1224 who requests a certified copy; and
1225 (b) may charge a reasonable fee for the certified copy.
1226 Section 3. Section 10-2-101 is amended to read:
1227 10-2-101. Definitions.
1228 (1) As used in this part:
1229 (a) "Commission" means a boundary commission established under Section 10-2-409
1230 for the county in which the property that is proposed to be incorporated is located.
1231 (b) "Feasibility consultant" means a person or firm with expertise in the processes and
1232 economics of local government.
1233 (c) "Private," with respect to real property, means not owned by the United States or
1234 any agency of the federal government, the state, a county, a municipality, a school district, a

1235 [special] local district under Title [17A, Special Districts,] 17B, Limited Purpose Local
1236 Government Entities - Local Districts, a special service district under Title 17A, Chapter 2,
1237 Part 13, Utah Special Service District Act, or any other political subdivision or governmental
1238 entity of the state.
1239 (2) For purposes of this part:
1240 (a) the owner of real property shall be the record title owner according to the records of
1241 the county recorder on the date of the filing of the request or petition; and
1242 (b) the value of private real property shall be determined according to the last
1243 assessment roll for county taxes before the filing of the request or petition.
1244 (3) For purposes of each provision of this part that requires the owners of private real
1245 property covering a percentage or fraction of the total private land area within an area to sign a
1246 request or petition:
1247 (a) a parcel of real property may not be included in the calculation of the required
1248 percentage or fraction unless the request or petition is signed by:
1249 (i) except as provided in Subsection (3)(a)(ii), owners representing a majority
1250 ownership interest in that parcel; or
1251 (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
1252 of owners of that parcel;
1253 (b) the signature of a person signing a request or petition in a representative capacity on
1254 behalf of an owner is invalid unless:
1255 (i) the person's representative capacity and the name of the owner the person represents
1256 are indicated on the request or petition with the person's signature; and
1257 (ii) the person provides documentation accompanying the request or petition that
1258 substantiates the person's representative capacity; and
1259 (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
1260 request or petition on behalf of a deceased owner.
1261 Section 4. Section 10-2-106 is amended to read:
1262 10-2-106. Feasibility study -- Feasibility study consultant.
1263 (1) Within 60 days of receipt of a certified request under Subsection 10-2-105 (1)(b)(i),
1264 the county legislative body shall engage the feasibility consultant chosen under Subsection (2)
1265 to conduct a feasibility study.

1266 (2) The feasibility consultant shall be chosen by a majority vote of a selection
1267 committee consisting of:
1268 (a) a person designated by the county legislative body;
1269 (b) a person designated by the sponsors of the request for a feasibility study; and
1270 (c) a person designated by the governor.
1271 (3) The county legislative body shall require the feasibility consultant to:
1272 (a) complete the feasibility study and submit the written results to the county legislative
1273 body and the contact sponsor no later than 90 days after the feasibility consultant is engaged to
1274 conduct the study;
1275 (b) submit with the full written results of the feasibility study a summary of the results
1276 no longer than one page in length; and
1277 (c) attend the public hearings under Subsection 10-2-108 (1) and present the feasibility
1278 study results and respond to questions from the public at those hearings.
1279 (4) (a) The feasibility study shall consider:
1280 (i) the population and population density within the area proposed for incorporation
1281 and the surrounding area;
1282 (ii) the history, geography, geology, and topography of and natural boundaries within
1283 the area proposed to be incorporated and the surrounding area;
1284 (iii) whether the proposed boundaries eliminate or create an unincorporated island or
1285 peninsula;
1286 (iv) whether the proposed incorporation will hinder or prevent a future and more
1287 logical and beneficial incorporation or a future logical and beneficial annexation;
1288 (v) the fiscal impact on unincorporated areas, other municipalities, [special] local
1289 districts, special service districts, and other governmental entities in the county;
1290 (vi) current and five-year projections of demographics and economic base in the
1291 proposed city and surrounding area, including household size and income, commercial and
1292 industrial development, and public facilities;
1293 (vii) projected growth in the proposed city and in adjacent areas during the next five
1294 years;
1295 (viii) subject to Subsection (4)(c), the present and five-year projections of the cost,
1296 including overhead, of governmental services in the proposed city;

1297 (ix) the present and five-year projected revenue for the proposed city;
1298 (x) the projected impact the incorporation will have over the following five years on
1299 the amount of taxes that property owners within the proposed city and in the remaining
1300 unincorporated county will pay;
1301 (xi) past expansion in terms of population and construction in the proposed city and the
1302 surrounding area;
1303 (xii) the extension of the boundaries of other nearby municipalities during the past ten
1304 years, the willingness of those municipalities to annex the area proposed for incorporation, and
1305 the probability that those municipalities would annex territory within the area proposed for
1306 incorporation within the next five years except for the incorporation; and
1307 (xiii) whether the legislative body of the county in which the area proposed to be
1308 incorporated favors the incorporation proposal.
1309 (b) For purposes of Subsection (4)(a)(ix), the feasibility consultant shall assume ad
1310 valorem property tax rates on residential property within the proposed city at the same level at
1311 which they would have been without the incorporation.
1312 (c) For purposes of Subsection (4)(a)(viii):
1313 (i) the feasibility consultant shall assume a level and quality of governmental services
1314 to be provided to the proposed city in the future that fairly and reasonably approximate the
1315 level and quality of governmental services being provided to the proposed city at the time of
1316 the feasibility study;
1317 (ii) in determining the present cost of a governmental service, the feasibility consultant
1318 shall consider:
1319 (A) the amount it would cost the proposed city itself to provide the service after
1320 incorporation;
1321 (B) if the county is currently providing the service to the proposed city, the county's
1322 cost of providing the service; and
1323 (C) if the county is not currently providing the service to the proposed city, the amount
1324 the proposed city can reasonably expect to pay for the service under a contract for the service;
1325 and
1326 (iii) the five-year projected cost of a governmental service shall be based on the
1327 amount calculated under Subsection (4)(c)(ii), taking into account inflation and anticipated

1328 growth.
1329 (5) If the results of the feasibility study or revised feasibility study do not meet the
1330 requirements of Subsection 10-2-109 (3), the feasibility consultant shall, as part of the
1331 feasibility study or revised feasibility study and if requested by the sponsors of the request,
1332 make recommendations as to how the boundaries of the proposed city may be altered so that
1333 the requirements of Subsection 10-2-109 (3) may be met.
1334 (6) (a) For purposes of this Subsection (6), "pending" means that the process to
1335 incorporate an unincorporated area has been initiated by the filing of a request for feasibility
1336 study under Section 10-2-103 but that, as of the date this Subsection (6) becomes effective, a
1337 petition under Section 10-2-109 has not yet been filed.
1338 (b) The amendments to Subsection (4) that become effective upon the effective date of
1339 this Subsection (6):
1340 (i) apply to each pending proceeding proposing the incorporation of an unincorporated
1341 area; and
1342 (ii) do not apply to a municipal incorporation proceeding under this part in which a
1343 petition under Section 10-2-109 has been filed.
1344 (c) (i) If, in a pending incorporation proceeding, the feasibility consultant has, as of the
1345 effective date of this Subsection (6), already completed the feasibility study, the county
1346 legislative body shall, within 20 days after the effective date of this Subsection (6) and except
1347 as provided in Subsection (6)(c)(iii), engage the feasibility consultant to revise the feasibility
1348 study to take into account the amendments to Subsection (4) that became effective on the
1349 effective date of this Subsection (6).
1350 (ii) Except as provided in Subsection (6)(c)(iii), the county legislative body shall
1351 require the feasibility consultant to complete the revised feasibility study under Subsection
1352 (6)(c)(i) within 20 days after being engaged to do so.
1353 (iii) Notwithstanding Subsections (6)(c)(i) and (ii), a county legislative body is not
1354 required to engage the feasibility consultant to revise the feasibility study if, within 15 days
1355 after the effective date of this Subsection (6), the request sponsors file with the county clerk a
1356 written withdrawal of the request signed by all the request sponsors.
1357 (d) All provisions of this part that set forth the incorporation process following the
1358 completion of a feasibility study shall apply with equal force following the completion of a

1359 revised feasibility study under this Subsection (6), except that, if a petition under Section
1360 10-2-109 has already been filed based on the feasibility study that is revised under this
1361 Subsection (6):
1362 (i) the notice required by Section 10-2-108 for the revised feasibility study shall
1363 include a statement informing signers of the petition of their right to withdraw their signatures
1364 from the petition and of the process and deadline for withdrawing a signature from the petition;
1365 (ii) a signer of the petition may withdraw the signer's signature by filing with the
1366 county clerk a written withdrawal within 30 days after the final notice under Subsection
1367 10-2-108 (2) has been given with respect to the revised feasibility study; and
1368 (iii) unless withdrawn, a signature on the petition may be used toward fulfilling the
1369 signature requirements under Subsection 10-2-109 (2)(a) for a petition based on the revised
1370 feasibility study.
1371 Section 5. Section 10-2-401 is amended to read:
1372 10-2-401. Definitions -- Property owner provisions.
1373 (1) As used in this part:
1374 (a) "Affected entity" means:
1375 (i) a county in whose unincorporated area the area proposed for annexation is located;
1376 (ii) [an independent special] a local district under Title [17A, Chapter 2, Independent
1377 Special Districts] 17B, Limited Purpose Local Government Entities - Local Districts, or special
1378 service district under Title 17A, Chapter 2, Part 13, Utah Special Service District Act, whose
1379 boundaries include any part of an area proposed for annexation;
1380 (iii) a school district whose boundaries include any part of an area proposed for
1381 annexation; and
1382 (iv) a municipality whose boundaries are within 1/2 mile of an area proposed for
1383 annexation.
1384 (b) "Annexation petition" means a petition under Section 10-2-403 proposing the
1385 annexation to a municipality of a contiguous, unincorporated area that is contiguous to the
1386 municipality.
1387 (c) "Commission" means a boundary commission established under Section 10-2-409
1388 for the county in which the property that is proposed for annexation is located.
1389 (d) "Expansion area" means the unincorporated area that is identified in an annexation

1390 policy plan under Section 10-2-401.5 as the area that the municipality anticipates annexing in
1391 the future.
1392 (e) "Feasibility consultant" means a person or firm with expertise in the processes and
1393 economics of local government.
1394 (f) "Municipal selection committee" means a committee in each county composed of
1395 the mayor of each municipality within that county.
1396 (g) "Private," with respect to real property, means not owned by the United States or
1397 any agency of the federal government, the state, a county, a municipality, a school district, a
1398 [special] local district under Title [17A, Special Districts,] 17B, Limited Purpose Local
1399 Government Entities - Local Districts, a special service district under Title 17A, Chapter 2,
1400 Part 13, Utah Special Service District Act, or any other political subdivision or governmental
1401 entity of the state.
1402 (h) "Specified county" means a county of the second, third, fourth, fifth, or sixth class.
1403 (i) "Urban development" means:
1404 (i) a housing development with more than 15 residential units and an average density
1405 greater than one residential unit per acre; or
1406 (ii) a commercial or industrial development for which cost projections exceed
1407 $750,000 for all phases.
1408 (2) For purposes of this part:
1409 (a) the owner of real property shall be the record title owner according to the records of
1410 the county recorder on the date of the filing of the petition or protest; and
1411 (b) the value of private real property shall be determined according to the last
1412 assessment roll for county taxes before the filing of the petition or protest.
1413 (3) For purposes of each provision of this part that requires the owners of private real
1414 property covering a percentage or majority of the total private land area within an area to sign a
1415 petition or protest:
1416 (a) a parcel of real property may not be included in the calculation of the required
1417 percentage or majority unless the petition or protest is signed by:
1418 (i) except as provided in Subsection (3)(a)(ii), owners representing a majority
1419 ownership interest in that parcel; or
1420 (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number

1421 of owners of that parcel;
1422 (b) the signature of a person signing a petition or protest in a representative capacity on
1423 behalf of an owner is invalid unless:
1424 (i) the person's representative capacity and the name of the owner the person represents
1425 are indicated on the petition or protest with the person's signature; and
1426 (ii) the person provides documentation accompanying the petition or protest that
1427 substantiates the person's representative capacity; and
1428 (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
1429 petition or protest on behalf of a deceased owner.
1430 Section 6. Section 10-2-403 is amended to read:
1431 10-2-403. Annexation petition -- Requirements -- Notice required before filing.
1432 (1) Except as provided in Section 10-2-418 , the process to annex an unincorporated
1433 area to a municipality is initiated by a petition as provided in this section.
1434 (2) (a) (i) Before filing a petition under Subsection (1) with respect to the proposed
1435 annexation of an area located in a county of the first class, the person or persons intending to
1436 file a petition shall:
1437 (A) file with the city recorder or town clerk of the proposed annexing municipality a
1438 notice of intent to file a petition; and
1439 (B) send a copy of the notice of intent to each affected entity.
1440 (ii) Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of the
1441 area that is proposed to be annexed.
1442 (b) (i) Subject to Subsection (2)(b)(ii), the county in which the area proposed to be
1443 annexed is located shall:
1444 (A) mail the notice described in Subsection (2)(b)(iii) to:
1445 (I) each owner of real property located within the area proposed to be annexed; and
1446 (II) each owner of real property located within 300 feet of the area proposed to be
1447 annexed; and
1448 (B) send to the proposed annexing municipality a copy of the notice and a certificate
1449 indicating that the notice has been mailed as required under Subsection (2)(b)(i)(A).
1450 (ii) The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20
1451 days after receiving from the person or persons who filed the notice of intent:

1452 (A) a written request to mail the required notice; and
1453 (B) payment of an amount equal to the county's expected actual cost of mailing the
1454 notice.
1455 (iii) Each notice required under Subsection (2)(b)(i)(A) shall:
1456 (A) be in writing;
1457 (B) state, in bold and conspicuous terms, substantially the following:
1458 "Attention: Your property may be affected by a proposed annexation.
1459 Records show that you own property within an area that is intended to be included in a
1460 proposed annexation to (state the name of the proposed annexing municipality) or that is within
1461 300 feet of that area. If your property is within the area proposed for annexation, you may be
1462 asked to sign a petition supporting the annexation. You may choose whether or not to sign the
1463 petition. By signing the petition, you indicate your support of the proposed annexation. If you
1464 sign the petition but later change your mind about supporting the annexation, you may
1465 withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
1466 of (state the name of the proposed annexing municipality) within 30 days after (state the name
1467 of the proposed annexing municipality) receives notice that the petition has been certified.
1468 There will be no public election on the proposed annexation because Utah law does not
1469 provide for an annexation to be approved by voters at a public election. Signing or not signing
1470 the annexation petition is the method under Utah law for the owners of property within the area
1471 proposed for annexation to demonstrate their support of or opposition to the proposed
1472 annexation.
1473 Under Utah law, the elected officials of (state the name of the proposed annexing
1474 municipality) may have no choice but to grant the annexation petition if the county's property
1475 tax rate for municipal services in the area proposed to be annexed is higher than the property
1476 tax rate of (state the name of the proposed annexing municipality) and if other statutory
1477 conditions are met.
1478 You may obtain more information on the proposed annexation by contacting (state the
1479 name, mailing address, telephone number, and email address of the official or employee of the
1480 proposed annexing municipality designated to respond to questions about the proposed
1481 annexation), (state the name, mailing address, telephone number, and email address of the
1482 county official or employee designated to respond to questions about the proposed annexation),

1483 or (state the name, mailing address, telephone number, and email address of the person who
1484 filed the notice of intent under Subsection (2)(a)(i)(A), or, if more than one person filed the
1485 notice of intent, one of those persons). Once filed, the annexation petition will be available for
1486 inspection and copying at the office of (state the name of the proposed annexing municipality)
1487 located at (state the address of the municipal offices of the proposed annexing municipality).";
1488 and
1489 (C) be accompanied by an accurate map identifying the area proposed for annexation.
1490 (iv) A county may not mail with the notice required under Subsection (2)(b)(i)(A) any
1491 other information or materials related or unrelated to the proposed annexation.
1492 (c) (i) After receiving the certificate from the county as provided in Subsection
1493 (2)(b)(i)(B), the proposed annexing municipality shall, upon request from the person or persons
1494 who filed the notice of intent under Subsection (2)(a)(i)(A), provide an annexation petition for
1495 the annexation proposed in the notice of intent.
1496 (ii) An annexation petition provided by the proposed annexing municipality may be
1497 duplicated for circulation for signatures.
1498 (3) Each petition under Subsection (1) shall:
1499 (a) (i) be filed with the city recorder or town clerk, as the case may be, of the proposed
1500 annexing municipality;
1501 (ii) when filed and if applicable, be accompanied by a written statement, signed by the
1502 petition sponsors, certifying that signatures on a petition that does not comply with the
1503 requirements of Subsection (3)(d) were gathered before the effective date of that Subsection;
1504 (b) contain the signatures of:
1505 (i) the owners of private real property that:
1506 (A) is located within the area proposed for annexation;
1507 (B) (I) subject to Subsection (3)(b)(i)(B)(II), covers a majority of the private land area
1508 within the area proposed for annexation; and
1509 (II) covers 100% of the private land area within the area proposed for annexation, if the
1510 area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture
1511 Protection Area; and
1512 (C) is equal in value to at least 1/3 of the value of all private real property within the
1513 area proposed for annexation; or

1514 (ii) if all the real property within the area proposed for annexation is owned by a public
1515 entity other than the federal government, the owner of all the publicly owned real property;
1516 (c) be accompanied by:
1517 (i) an accurate and recordable map, prepared by a licensed surveyor, of the area
1518 proposed for annexation; and
1519 (ii) a copy of the notice sent to affected entities as required under Subsection
1520 (2)(a)(i)(B) and a list of the affected entities to which notice was sent;
1521 (d) if the area proposed to be annexed is located in a county of the first class, contain
1522 on each signature page a notice in bold and conspicuous terms that states substantially the
1523 following:
1524 "Notice:
1525 * Under Utah law, the elected officials of (state the name of the proposed annexing
1526 municipality) may have no choice but to grant this annexation petition if the county's property
1527 tax rate for municipal services in the area proposed to be annexed is higher than the property
1528 tax rate of (state the name of the proposed annexing municipality) and if other statutory
1529 conditions are met.
1530 * There will be no public election on the annexation proposed by this petition because
1531 Utah law does not provide for an annexation to be approved by voters at a public election.
1532 * If you sign this petition and later decide that you do not support the petition, you may
1533 withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
1534 of (state the name of the proposed annexing municipality). If you choose to withdraw your
1535 signature, you must do so no later than 30 days after (state the name of the proposed annexing
1536 municipality) receives notice that the petition has been certified.";
1537 (e) if the petition proposes the annexation of an area located in a county that is not the
1538 county in which the proposed annexing municipality is located, be accompanied by a copy of
1539 the resolution, required under Subsection 10-2-402 (6), of the legislative body of the county in
1540 which the area is located; and
1541 (f) designate up to five of the signers of the petition as sponsors, one of whom shall be
1542 designated as the contact sponsor, and indicate the mailing address of each sponsor.
1543 (4) A petition under Subsection (1) may not propose the annexation of all or part of an
1544 area proposed for annexation to a municipality in a previously filed petition that has not been

1545 denied, rejected, or granted.
1546 (5) A petition under Subsection (1) proposing the annexation of an area located in a
1547 county of the first class may not propose the annexation of an area that includes some or all of
1548 an area proposed to be incorporated in a request for a feasibility study under Section 10-2-103
1549 or a petition under Section 10-2-125 if:
1550 (a) the request or petition was filed before the filing of the annexation petition; and
1551 (b) the request, a petition under Section 10-2-109 based on that request, or a petition
1552 under Section 10-2-125 is still pending on the date the annexation petition is filed.
1553 (6) If practicable and feasible, the boundaries of an area proposed for annexation shall
1554 be drawn:
1555 (a) along the boundaries of existing [special] local districts and special service districts
1556 for sewer, water, and other services, along the boundaries of school districts whose boundaries
1557 follow city boundaries or school districts adjacent to school districts whose boundaries follow
1558 city boundaries, and along the boundaries of other taxing entities;
1559 (b) to eliminate islands and peninsulas of territory that is not receiving municipal-type
1560 services;
1561 (c) to facilitate the consolidation of overlapping functions of local government;
1562 (d) to promote the efficient delivery of services; and
1563 (e) to encourage the equitable distribution of community resources and obligations.
1564 (7) On the date of filing, the petition sponsors shall deliver or mail a copy of the
1565 petition to:
1566 (a) the clerk of the county in which the area proposed for annexation is located; and
1567 (b) the chair of the planning commission of each township in which any part of the area
1568 proposed for annexation is located.
1569 (8) A property owner who signs an annexation petition proposing to annex an area
1570 located in a county of the first class may withdraw the owner's signature by filing a written
1571 withdrawal, signed by the property owner, with the city recorder or town clerk no later than 30
1572 days after the municipal legislative body's receipt of the notice of certification under
1573 Subsection 10-2-405 (2)(c)(i).
1574 Section 7. Section 10-2-406 is amended to read:
1575 10-2-406. Notice of certification -- Publishing and providing notice of petition.

1576 (1) After receipt of the notice of certification from the city recorder or town clerk under
1577 Subsection 10-2-405 (2) (c)(i), the municipal legislative body shall:
1578 (a) (i) publish a notice at least once a week for three successive weeks, beginning no
1579 later than ten days after receipt of the notice of certification, in a newspaper of general
1580 circulation within:
1581 (A) the area proposed for annexation; and
1582 (B) the unincorporated area within 1/2 mile of the area proposed for annexation; or
1583 (ii) if there is no newspaper of general circulation within those areas, post written
1584 notices in conspicuous places within those areas that are most likely to give notice to residents
1585 within those areas; and
1586 (b) within 20 days of receipt of the notice of certification under Subsection 10-2-405 (2)
1587 (c)(i), mail written notice to each affected entity.
1588 (2) (a) The notice under Subsections (1)(a) and (b) shall:
1589 (i) state that a petition has been filed with the municipality proposing the annexation of
1590 an area to the municipality;
1591 (ii) state the date of the municipal legislative body's receipt of the notice of certification
1592 under Subsection 10-2-405 (2) (c)(i);
1593 (iii) describe the area proposed for annexation in the annexation petition;
1594 (iv) state that the complete annexation petition is available for inspection and copying
1595 at the office of the city recorder or town clerk;
1596 (v) state in conspicuous and plain terms that the municipality may grant the petition
1597 and annex the area described in the petition unless, within the time required under Subsection
1598 10-2-407 (2)(a)(i)(A), a written protest to the annexation petition is filed with the commission
1599 and a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
1600 municipality;
1601 (vi) state the address of the commission or, if a commission has not yet been created in
1602 the county, the county clerk, where a protest to the annexation petition may be filed;
1603 (vii) state that the area proposed for annexation to the municipality will also
1604 automatically be annexed to a local district providing fire protection, paramedic, and
1605 emergency services, as provided in Section [ 17B-2-515.5 ] 17B-1-416 , if:
1606 (A) the proposed annexing municipality is entirely within the boundaries of a local

1607 district:
1608 (I) that provides fire protection, paramedic, and emergency services; and
1609 (II) in the creation of which an election was not required because of Subsection
1610 [ 17B-2-214 ] 17B-1-214 (3)(c); and
1611 (B) the area proposed to be annexed to the municipality is not already within the
1612 boundaries of the local district; and
1613 (viii) state that the area proposed for annexation to the municipality will be
1614 automatically withdrawn from a local district providing fire protection, paramedic, and
1615 emergency services, as provided in Subsection [ 17B-2-601 ] 17B-1-502 (2), if:
1616 (A) the petition proposes the annexation of an area that is within the boundaries of a
1617 local district:
1618 (I) that provides fire protection, paramedic, and emergency services; and
1619 (II) in the creation of which an election was not required because of Subsection
1620 [ 17B-2-214 ] 17B-1-214 (3)(c); and
1621 (B) the proposed annexing municipality is not within the boundaries of the local
1622 district.
1623 (b) The statement required by Subsection (2)(a)(v) shall state the deadline for filing a
1624 written protest in terms of the actual date rather than by reference to the statutory citation.
1625 (c) In addition to the requirements under Subsection (2)(a), a notice under Subsection
1626 (1)(a) for a proposed annexation of an area within a county of the first class shall include a
1627 statement that a protest to the annexation petition may be filed with the commission by
1628 property owners if it contains the signatures of the owners of private real property that:
1629 (i) is located in the unincorporated area within 1/2 mile of the area proposed for
1630 annexation;
1631 (ii) covers at least 25% of the private land area located in the unincorporated area
1632 within 1/2 mile of the area proposed for annexation; and
1633 (iii) is equal in value to at least 15% of all real property located in the unincorporated
1634 area within 1/2 mile of the area proposed for annexation.
1635 Section 8. Section 10-2-412 is amended to read:
1636 10-2-412. Boundary commission authority -- Expenses -- Records.
1637 (1) The boundary commission for each county shall hear and decide, according to the

1638 provisions of this part, each protest filed under Section 10-2-407 , with respect to an area that is
1639 located within that county.
1640 (2) A boundary commission may:
1641 (a) adopt and enforce rules of procedure for the orderly and fair conduct of its
1642 proceedings;
1643 (b) authorize a member of the commission to administer oaths if necessary in the
1644 performance of the commission's duties;
1645 (c) employ staff personnel and professional or consulting services reasonably necessary
1646 to enable the commission to carry out its duties; and
1647 (d) incur reasonable and necessary expenses to enable the commission to carry out its
1648 duties.
1649 (3) The legislative body of each county shall, with respect to the boundary commission
1650 in that county:
1651 (a) furnish the commission necessary quarters, equipment, and supplies;
1652 (b) pay necessary operating expenses incurred by the commission; and
1653 (c) reimburse the reasonable and necessary expenses incurred by each member
1654 appointed under Subsection 10-2-409 (2)(a)(iii) or (b)(iii), unless otherwise provided by
1655 interlocal agreement.
1656 (4) Each county or municipal legislative body shall reimburse the reasonable and
1657 necessary expenses incurred by a commission member who is an elected county or municipal
1658 officer, respectively.
1659 (5) Records, information, and other relevant materials necessary to enable the
1660 commission to carry out its duties shall, upon request by the commission, be furnished to the
1661 boundary commission by the personnel, employees, and officers of:
1662 (a) for a proposed annexation of an area located in a county of the first class:
1663 (i) each county [and special], local district, and special service district whose
1664 boundaries include an area that is the subject of a protest under the commission's consideration;
1665 and
1666 (ii) each municipality whose boundaries may be affected by action of the boundary
1667 commission; or
1668 (b) for a proposed annexation of an area located in a specified county, each affected

1669 entity:
1670 (i) whose boundaries include any part of the area proposed for annexation; or
1671 (ii) that may be affected by action of the boundary commission.
1672 Section 9. Section 10-2-413 is amended to read:
1673 10-2-413. Feasibility consultant -- Feasibility study -- Modifications to feasibility
1674 study.
1675 (1) (a) For a proposed annexation of an area located in a county of the first class, unless
1676 a proposed annexing municipality denies an annexation petition under Subsection
1677 10-2-407 (3)(a)(i)(A) and except as provided in Subsection (1)(b), the commission shall choose
1678 and engage a feasibility consultant within 45 days of:
1679 (i) the commission's receipt of a protest under Section 10-2-407 , if the commission had
1680 been created before the filing of the protest; or
1681 (ii) the commission's creation, if the commission is created after the filing of a protest.
1682 (b) Notwithstanding Subsection (1)(a), the commission may not require a feasibility
1683 study with respect to a petition that proposes the annexation of an area that:
1684 (i) is undeveloped; and
1685 (ii) covers an area that is equivalent to less than 5% of the total land mass of all private
1686 real property within the municipality.
1687 (2) The commission shall require the feasibility consultant to:
1688 (a) complete a feasibility study on the proposed annexation and submit written results
1689 of the study to the commission no later than 75 days after the feasibility consultant is engaged
1690 to conduct the study;
1691 (b) submit with the full written results of the feasibility study a summary of the results
1692 no longer than a page in length; and
1693 (c) attend the public hearing under Subsection 10-2-415 (1) and present the feasibility
1694 study results and respond to questions at that hearing.
1695 (3) (a) Subject to Subsection (4), the feasibility study shall consider:
1696 (i) the population and population density within the area proposed for annexation, the
1697 surrounding unincorporated area, and, if a protest was filed by a municipality with boundaries
1698 within 1/2 mile of the area proposed for annexation, that municipality;
1699 (ii) the geography, geology, and topography of and natural boundaries within the area

1700 proposed for annexation, the surrounding unincorporated area, and, if a protest was filed by a
1701 municipality with boundaries within 1/2 mile of the area proposed for annexation, that
1702 municipality;
1703 (iii) whether the proposed annexation eliminates, leaves, or creates an unincorporated
1704 island or peninsula;
1705 (iv) whether the proposed annexation will hinder or prevent a future and more logical
1706 and beneficial annexation or a future logical and beneficial incorporation;
1707 (v) the fiscal impact of the proposed annexation on the remaining unincorporated area,
1708 other municipalities, [special] local districts, special service districts, school districts, and other
1709 governmental entities;
1710 (vi) current and five-year projections of demographics and economic base in the area
1711 proposed for annexation and surrounding unincorporated area, including household size and
1712 income, commercial and industrial development, and public facilities;
1713 (vii) projected growth in the area proposed for annexation and the surrounding
1714 unincorporated area during the next five years;
1715 (viii) the present and five-year projections of the cost of governmental services in the
1716 area proposed for annexation;
1717 (ix) the present and five-year projected revenue to the proposed annexing municipality
1718 from the area proposed for annexation;
1719 (x) the projected impact the annexation will have over the following five years on the
1720 amount of taxes that property owners within the area proposed for annexation, the proposed
1721 annexing municipality, and the remaining unincorporated county will pay;
1722 (xi) past expansion in terms of population and construction in the area proposed for
1723 annexation and the surrounding unincorporated area;
1724 (xii) the extension during the past ten years of the boundaries of each other
1725 municipality near the area proposed for annexation, the willingness of the other municipality to
1726 annex the area proposed for annexation, and the probability that another municipality would
1727 annex some or all of the area proposed for annexation during the next five years if the
1728 annexation did not occur;
1729 (xiii) the history, culture, and social aspects of the area proposed for annexation and
1730 surrounding area;

1731 (xiv) the method of providing and the entity that has provided municipal-type services
1732 in the past to the area proposed for incorporation and the feasibility of municipal-type services
1733 being provided by the proposed annexing municipality; and
1734 (xv) the effect on each school district whose boundaries include part or all of the area
1735 proposed for annexation or the proposed annexing municipality.
1736 (b) For purposes of Subsection (3)(a)(ix), the feasibility consultant shall assume ad
1737 valorem property tax rates on residential property within the area proposed for annexation at
1738 the same level that residential property within the proposed annexing municipality would be
1739 without the annexation.
1740 (c) For purposes of Subsection (3)(a)(viii), the feasibility consultant shall assume that
1741 the level and quality of governmental services that will be provided to the area proposed for
1742 annexation in the future is essentially comparable to the level and quality of governmental
1743 services being provided within the proposed annexing municipality at the time of the feasibility
1744 study.
1745 (4) (a) Except as provided in Subsection (4)(b), the commission may modify the depth
1746 of study of and detail given to the items listed in Subsection (3)(a) by the feasibility consultant
1747 in conducting the feasibility study depending upon:
1748 (i) the size of the area proposed for annexation;
1749 (ii) the size of the proposed annexing municipality;
1750 (iii) the extent to which the area proposed for annexation is developed;
1751 (iv) the degree to which the area proposed for annexation is expected to develop and
1752 the type of development expected; and
1753 (v) the number and type of protests filed against the proposed annexation.
1754 (b) Notwithstanding Subsection (4)(a), the commission may not modify the
1755 requirement that the feasibility consultant provide a full and complete analysis of the items
1756 listed in Subsections (3)(a)(viii), (ix), and (xv).
1757 (5) If the results of the feasibility study do not meet the requirements of Subsection
1758 10-2-416 (3), the feasibility consultant may, as part of the feasibility study, make
1759 recommendations as to how the boundaries of the area proposed for annexation may be altered
1760 so that the requirements of Subsection 10-2-416 (3) may be met.
1761 (6) (a) Except as provided in Subsection (6)(b), the feasibility consultant fees and

1762 expenses shall be shared equally by the proposed annexing municipality and each entity or
1763 group under Subsection 10-2-407 (1) that files a protest.
1764 (b) (i) Except as provided in Subsection (6)(b)(ii), if a protest is filed by property
1765 owners under Subsection 10-2-407 (1)(a)(ii), the county in which the area proposed for
1766 annexation shall pay the owners' share of the feasibility consultant's fees and expenses.
1767 (ii) Notwithstanding Subsection (6)(b)(i), if both the county and the property owners
1768 file a protest, the county and the proposed annexing municipality shall equally share the
1769 property owners' share of the feasibility consultant's fees and expenses.
1770 Section 10. Section 10-2-414 is amended to read:
1771 10-2-414. Modified annexation petition -- Supplemental feasibility study.
1772 (1) (a) (i) If the results of the feasibility study with respect to a proposed annexation of
1773 an area located in a county of the first class do not meet the requirements of Subsection
1774 10-2-416 (3), the sponsors of the annexation petition may, within 45 days of the feasibility
1775 consultant's submission of the results of the study, file with the city recorder or town clerk of
1776 the proposed annexing municipality a modified annexation petition altering the boundaries of
1777 the proposed annexation.
1778 (ii) On the date of filing a modified annexation petition under Subsection (1)(a)(i), the
1779 sponsors of the annexation petition shall deliver or mail a copy of the modified annexation
1780 petition to the clerk of the county in which the area proposed for annexation is located.
1781 (b) Each modified annexation petition under Subsection (1)(a) shall comply with the
1782 requirements of Subsections 10-2-403 (2), (3), and (4).
1783 (2) (a) Within 20 days of the city recorder or town clerk's receipt of the modified
1784 annexation petition, the city recorder or town clerk, as the case may be, shall follow the same
1785 procedure for the modified annexation petition as provided under Subsections 10-2-405 (2) and
1786 (3)(a) for an original annexation petition.
1787 (b) If the city recorder or town clerk certifies the modified annexation petition under
1788 Subsection 10-2-405 (2)(c)(i), the city recorder or town clerk, as the case may be, shall send
1789 written notice of the certification to:
1790 (i) the commission;
1791 (ii) each entity that filed a protest to the annexation petition; and
1792 (iii) if a protest was filed under Subsection 10-2-407 (1)(a)(ii), the contact person.

1793 (c) (i) If the modified annexation petition proposes the annexation of an area that
1794 includes part or all of a [special] local district, special service district, or school district that
1795 was not included in the area proposed for annexation in the original petition, the city recorder
1796 or town clerk, as the case may be, shall also send notice of the certification of the modified
1797 annexation petition to the board of the [special] local district, special service district, or school
1798 district.
1799 (ii) If the area proposed for annexation in the modified annexation petition is within
1800 1/2 mile of the boundaries of a municipality whose boundaries were not within 1/2 mile of the
1801 area proposed for annexation in the original annexation petition, the city recorder or town
1802 clerk, as the case may be, shall also send notice of the certification of the modified annexation
1803 petition to the legislative body of that municipality.
1804 (3) Within ten days of the commission's receipt of the notice under Subsection (2)(b),
1805 the commission shall engage the feasibility consultant that conducted the feasibility study to
1806 supplement the feasibility study to take into account the information in the modified
1807 annexation petition that was not included in the original annexation petition.
1808 (4) The commission shall require the feasibility consultant to complete the
1809 supplemental feasibility study and to submit written results of the supplemental study to the
1810 commission no later than 30 days after the feasibility consultant is engaged to conduct the
1811 supplemental feasibility study.
1812 Section 11. Section 10-2-418 is amended to read:
1813 10-2-418. Annexation of an island or peninsula without a petition -- Notice --
1814 Hearing.
1815 (1) (a) Notwithstanding Subsection 10-2-402 (2), a municipality may annex an
1816 unincorporated area under this section without an annexation petition if:
1817 (i) (A) the area to be annexed consists of one or more unincorporated islands within or
1818 unincorporated peninsulas contiguous to the municipality;
1819 (B) the majority of each island or peninsula consists of residential or commercial
1820 development;
1821 (C) the area proposed for annexation requires the delivery of municipal-type services;
1822 and
1823 (D) the municipality has provided most or all of the municipal-type services to the area

1824 for more than one year; or
1825 (ii) (A) the area to be annexed consists of one or more unincorporated islands within
1826 the municipality, each of which has fewer than 500 residents; and
1827 (B) the municipality has provided one or more municipal-type services to the area for
1828 at least one year.
1829 (b) Notwithstanding Subsection 10-2-402 (1)(b)(iii), a municipality may annex a
1830 portion of an island or peninsula under this section, leaving unincorporated the remainder of
1831 the unincorporated island or peninsula, if:
1832 (i) in adopting the resolution under Subsection (2)(a)(i), the municipal legislative body
1833 determines that not annexing the entire unincorporated island or peninsula is in the
1834 municipality's best interest; and
1835 (ii) for an annexation of one or more unincorporated islands under Subsection
1836 (1)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed,
1837 complies with the requirement of Subsection (1)(a)(ii)(A) relating to the number of residents.
1838 (2) (a) The legislative body of each municipality intending to annex an area under this
1839 section shall:
1840 (i) adopt a resolution indicating the municipal legislative body's intent to annex the
1841 area, describing the area proposed to be annexed;
1842 (ii) (A) publish notice at least once a week for three successive weeks in a newspaper
1843 of general circulation within the municipality and the area proposed for annexation; or
1844 (B) if there is no newspaper of general circulation in the areas described in Subsection
1845 (2)(a)(ii)(A), post at least one notice per 1,000 population in places within those areas that are
1846 most likely to give notice to the residents of those areas;
1847 (iii) send written notice to the board of each [special] local district and special service
1848 district whose boundaries contain some or all of the area proposed for annexation and to the
1849 legislative body of the county in which the area proposed for annexation is located; and
1850 (iv) hold a public hearing on the proposed annexation no earlier than 60 days after the
1851 adoption of the resolution under Subsection (2)(a)(i).
1852 (b) Each notice under Subsections (2)(a)(ii) and (iii) shall:
1853 (i) state that the municipal legislative body has adopted a resolution indicating its intent
1854 to annex the area proposed for annexation;

1855 (ii) state the date, time, and place of the public hearing under Subsection (2)(a)(iv);
1856 (iii) describe the area proposed for annexation; and
1857 (iv) state in conspicuous and plain terms that the municipal legislative body will annex
1858 the area unless, at or before the public hearing under Subsection (2)(a)(iv), written protests to
1859 the annexation are filed by the owners of private real property that:
1860 (A) is located within the area proposed for annexation;
1861 (B) covers a majority of the total private land area within the entire area proposed for
1862 annexation; and
1863 (C) is equal in value to at least 1/2 the value of all private real property within the
1864 entire area proposed for annexation.
1865 (c) The first publication of the notice required under Subsection (2)(a)(ii)(A) shall be
1866 within 14 days of the municipal legislative body's adoption of a resolution under Subsection
1867 (2)(a)(i).
1868 (3) (a) Upon conclusion of the public hearing under Subsection (2)(a)(iv) and subject
1869 to Subsection (3)(b), the municipal legislative body may adopt an ordinance annexing the area
1870 proposed for annexation under this section unless, at or before the hearing, written protests to
1871 the annexation have been filed with the city recorder or town clerk, as the case may be, by the
1872 owners of private real property that:
1873 (i) is located within the area proposed for annexation;
1874 (ii) covers:
1875 (A) for a proposed annexation under Subsection (1)(a)(i), a majority of the total private
1876 land area within the entire area proposed for annexation; or
1877 (B) for a proposed annexation under Subsection (1)(a)(ii), 10% of the total private land
1878 area within the island of unincorporated area that is proposed for annexation; and
1879 (iii) is equal in value to at least:
1880 (A) for a proposed annexation under Subsection (1)(a)(i), 1/2 the value of all private
1881 real property within the entire area proposed for annexation; or
1882 (B) for a proposed annexation under Subsection (1)(a)(ii), 10% of the value of all
1883 private real property within the island of unincorporated area that is proposed for annexation.
1884 (b) A municipal legislative body may not adopt an ordinance annexing an area
1885 proposed for annexation under Subsection (1)(a)(ii) unless the legislative body of the county in

1886 which the area proposed for annexation has previously adopted a resolution approving the
1887 annexation.
1888 (4) (a) If protests are timely filed that comply with Subsection (3), the municipal
1889 legislative body may not adopt an ordinance annexing the area proposed for annexation, and
1890 the annexation proceedings under this section shall be considered terminated.
1891 (b) Subsection (4)(a) may not be construed to prohibit the municipal legislative body
1892 from excluding from a proposed annexation under Subsection (1)(a)(ii) the property within an
1893 unincorporated island regarding which protests have been filed and proceeding under
1894 Subsection (1)(b) to annex some or all of the remaining portion of the unincorporated island.
1895 Section 12. Section 10-2-419 is amended to read:
1896 10-2-419. Boundary adjustment -- Notice and hearing -- Protest.
1897 (1) The legislative bodies of two or more municipalities having common boundaries
1898 may adjust their common boundaries as provided in this section.
1899 (2) (a) The legislative body of each municipality intending to adjust a boundary that is
1900 common with another municipality shall:
1901 (i) adopt a resolution indicating the intent of the municipal legislative body to adjust a
1902 common boundary;
1903 (ii) hold a public hearing on the proposed adjustment no less than 60 days after the
1904 adoption of the resolution under Subsection (2)(a)(i); and
1905 (iii) (A) publish notice at least once a week for three successive weeks in a newspaper
1906 of general circulation within the municipality; or
1907 (B) if there is no newspaper of general circulation within the municipality, post at least
1908 one notice per 1,000 population in places within the municipality that are most likely to give
1909 notice to residents of the municipality.
1910 (b) The notice required under Subsection (2)(a)(iii) shall:
1911 (i) state that the municipal legislative body has adopted a resolution indicating the
1912 municipal legislative body's intent to adjust a boundary that the municipality has in common
1913 with another municipality;
1914 (ii) describe the area proposed to be adjusted;
1915 (iii) state the date, time, and place of the public hearing required under Subsection
1916 (2)(a)(ii);

1917 (iv) state in conspicuous and plain terms that the municipal legislative body will adjust
1918 the boundaries unless, at or before the public hearing under Subsection (2)(a)(ii), written
1919 protests to the adjustment are filed by the owners of private real property that:
1920 (A) is located within the area proposed for adjustment;
1921 (B) covers at least 25% of the total private land area within the area proposed for
1922 adjustment; and
1923 (C) is equal in value to at least 15% of the value of all private real property within the
1924 area proposed for adjustment; and
1925 (v) state that the area that is the subject of the boundary adjustment will, because of the
1926 boundary adjustment, be automatically annexed to a local district providing fire protection,
1927 paramedic, and emergency services, as provided in Section [ 17B-2-515.5 ] 17B-1-416 , if:
1928 (A) the municipality to which the area is being added because of the boundary
1929 adjustment is entirely within the boundaries of a local district:
1930 (I) that provides fire protection, paramedic, and emergency services; and
1931 (II) in the creation of which an election was not required because of Subsection
1932 [ 17B-2-214 ] 17B-1-214 (3)(c); and
1933 (B) the municipality from which the area is being taken because of the boundary
1934 adjustment is not within the boundaries of the local district; and
1935 (vi) state that the area proposed for annexation to the municipality will be
1936 automatically withdrawn from a local district providing fire protection, paramedic, and
1937 emergency services, as provided in Subsection [ 17B-2-601 ] 17B-1-502 (2), if:
1938 (A) the municipality to which the area is being added because of the boundary
1939 adjustment is not within the boundaries of a local district:
1940 (I) that provides fire protection, paramedic, and emergency services; and
1941 (II) in the creation of which an election was not required because of Subsection
1942 [ 17B-2-214 ] 17B-1-214 (3)(c); and
1943 (B) the municipality from which the area is being taken because of the boundary
1944 adjustment is entirely within the boundaries of the local district.
1945 (c) The first publication of the notice required under Subsection (2)(a)(iii)(A) shall be
1946 within 14 days of the municipal legislative body's adoption of a resolution under Subsection
1947 (2)(a)(i).

1948 (3) Upon conclusion of the public hearing under Subsection (2)(a)(ii), the municipal
1949 legislative body may adopt an ordinance adjusting the common boundary unless, at or before
1950 the hearing under Subsection (2)(a)(ii), written protests to the adjustment have been filed with
1951 the city recorder or town clerk, as the case may be, by the owners of private real property that:
1952 (a) is located within the area proposed for adjustment;
1953 (b) covers at least 25% of the total private land area within the area proposed for
1954 adjustment; and
1955 (c) is equal in value to at least 15% of the value of all private real property within the
1956 area proposed for adjustment.
1957 (4) The municipal legislative body shall comply with the requirements of Section
1958 10-2-425 as if the boundary change were an annexation.
1959 (5) An ordinance adopted under Subsection (3) becomes effective when each
1960 municipality involved in the boundary adjustment has adopted an ordinance under Subsection
1961 (3) and as determined under Subsection 10-2-425 (5) if the boundary change were an
1962 annexation.
1963 Section 13. Section 10-2-425 is amended to read:
1964 10-2-425. Filing of plat or map and amended articles -- Notice requirements --
1965 Effective date of annexation.
1966 (1) Within 30 days after enacting an ordinance annexing an unincorporated area or
1967 adjusting a boundary under this part, the municipal legislative body shall:
1968 (a) send notice of the enactment to each affected entity;
1969 (b) file with the lieutenant governor:
1970 (i) a certified copy of the ordinance approving the annexation or boundary adjustment,
1971 together with a plat or map prepared by a licensed surveyor, approved by the municipal
1972 legislative body, and filed with the county surveyor in accordance with Section 17-23-17 ,
1973 showing the new boundaries of the affected area; and
1974 (ii) (A) if the municipality has articles of incorporation, amended articles of
1975 incorporation reflecting the annexation or boundary adjustment, as provided in Section
1976 10-1-117 ; or
1977 (B) if the municipality does not have articles of incorporation, written notice of the
1978 adoption of an annexation ordinance, accompanied by a copy of the ordinance; and

1979 (c) in accordance with Section 26-8a-414 , file the documents described in Subsection
1980 (1)(b)(i) with the Department of Health.
1981 (2) If an annexation or boundary adjustment under this part also causes an automatic
1982 annexation to a local district under Section [ 17B-2-515.5 ] 17B-1-416 or an automatic
1983 withdrawal from a local district under Subsection [ 17B-2-601 ] 17B-1-502 (2), the municipal
1984 legislative body shall, as soon as practicable after enacting an ordinance annexing an
1985 unincorporated area or adjusting a boundary, send notice of the annexation or boundary
1986 adjustment to the local district to which the annexed area is automatically annexed or from
1987 which the annexed area is automatically withdrawn.
1988 (3) The municipal legislative body shall comply with the notice requirements of
1989 Section 10-1-116 .
1990 (4) Each notice required under Subsections (1) and (3) relating to an annexation shall
1991 state the effective date of the annexation, as determined under Subsection (5).
1992 (5) An annexation under this part is completed and takes effect:
1993 (a) for the annexation of an area located in a county of the first class:
1994 (i) July 1 following enactment of an ordinance annexing the unincorporated area if:
1995 (A) the ordinance is adopted during the preceding November 1 through April 30; and
1996 (B) the requirements of Subsection (1) are met before that July 1; or
1997 (ii) January 1 following enactment of an ordinance annexing the unincorporated area if:
1998 (A) the ordinance is adopted during the preceding May 1 through October 31; and
1999 (B) the requirements of Subsection (1) are met before that January 1; and
2000 (b) for all other annexations, the date of the lieutenant governor's issuance of:
2001 (i) a certification of amended articles under Subsection 10-1-117 (3), for an annexation
2002 by a municipality that has articles of incorporation and filed with the lieutenant governor
2003 amended articles of incorporation under Subsection (1)(a)(iii)(A); or
2004 (ii) a certificate of annexation under Subsection (1)(b), for an annexation by a
2005 municipality that does not have articles of incorporation and filed with the lieutenant governor
2006 a notice of adoption of an annexation ordinance under Subsection (1)(a)(iii)(B).
2007 Section 14. Section 10-2-428 is amended to read:
2008 10-2-428. Neither annexation nor boundary adjustment has an effect on the
2009 boundaries of most local districts.

2010 Except as provided in Section [ 17B-2-515.5 ] 17B-1-416 and Subsection [ 17B-2-601 ]
2011 17B-1-502 (2), the annexation of an unincorporated area by a municipality or the adjustment of
2012 a boundary shared by municipalities does not affect the boundaries of [an independent special
2013 district under Title 17A, Chapter 2, Independent Special Districts, or] a local district under
2014 Title 17B, [Chapter 2,] Limited Purpose Local Government Entities - Local Districts, or a
2015 special service district under Title 17A, Chapter 2, Part 13, Utah Special Service District Act.
2016 Section 15. Section 10-5-119 is amended to read:
2017 10-5-119. Special fund balance -- Disposition when fund no longer required.
2018 Whenever the necessity for maintaining any special fund of a town has ceased to exist
2019 and a balance remains in the fund, the governing body shall authorize the transfer of the
2020 balance to the fund balance account in the general fund of the town, subject to the following:
2021 (1) Any balance remaining in a special assessment fund and any unrequired balance in
2022 its special improvements guaranty fund shall be treated in the manner provided in Sections
2023 [ 17A-3-332 and 17A-3-334 ] 11-42-413 and 11-42-701 ;
2024 (2) Any balance remaining in a capital improvements or capital projects fund shall be
2025 transferred to the appropriate debt service fund or other fund as the bond ordinance may require
2026 and otherwise to the fund balance account in the general fund;
2027 (3) Whenever any balance held in a trust fund for a specific purpose, other than a
2028 cemetery perpetual care trust fund, is to be transferred because its original purpose or
2029 restriction has ceased to exist, a public hearing shall be held in the manner provided in Sections
2030 10-5-108 and 10-5-109 . The published notice shall invite those persons who contributed to the
2031 fund to appear at the hearing. If the council determines the fund balance amounts are
2032 refundable to the original contributors, a 30-day period following the hearing shall be allowed
2033 for persons having an interest in the fund to file with the council a verified claim only for the
2034 amount of each claimant's contributions. Any claim not filed in accordance with this section
2035 shall be invalid. Any balance remaining, after refunds to eligible contributors, shall be
2036 transferred to the fund balance account in the general fund of the town; and
2037 (4) Whenever the council decides, in conformity with applicable laws and ordinances,
2038 that the need for continued maintenance of its cemetery perpetual care trust fund no longer
2039 exists, it may transfer the balance in such fund to the capital improvements fund for
2040 expenditure for land, buildings, and major improvements to be used exclusively for cemetery

2041 purposes.
2042 Section 16. Section 10-6-131 is amended to read:
2043 10-6-131. Transfer of balances in special funds.
2044 Whenever the necessity for maintaining any special fund of a city has ceased to exist
2045 and a balance remains in the fund, the governing body shall authorize the transfer of the
2046 balance to the fund balance account in the general fund of the city, except that:
2047 (1) Any balance remaining in a special assessment fund and any unrequired balance in
2048 its special improvements guaranty fund shall be treated in the manner provided in Sections
2049 [ 17A-3-332 and 17A-3-334 ] 11-42-413 and 11-42-701 ;
2050 (2) Any balance remaining in a capital improvements or capital projects fund shall be
2051 transferred to the appropriate debt service fund or other fund as the bond ordinance may require
2052 and otherwise to the fund balance account in the general fund;
2053 (3) Whenever any balance held in a trust fund for a specific purpose, other than a
2054 cemetery perpetual care trust fund, is to be transferred because its original purpose or
2055 restriction has ceased to exist, a public hearing shall be held in the manner provided in Sections
2056 10-6-113 and 10-6-114 . The published notice shall invite those persons who contributed to the
2057 fund to appear at the hearing. If the governing body determines the fund balance amounts are
2058 refundable to the original contributors, a 30 day period following the hearing shall be allowed
2059 for persons having an interest in the fund to file with the governing body a verified claim only
2060 for the amount of each claimant's contributions. Any claim not so filed shall be forever barred.
2061 Any balance remaining, after refunds to eligible contributors, shall be transferred to the fund
2062 balance account in the general fund of the city; and
2063 (4) Whenever the governing body decides, in conformity with applicable laws and
2064 ordinances, that the need for continued maintenance of its cemetery perpetual care trust fund no
2065 longer exists, it may transfer the balance in such fund to the capital improvements fund for
2066 expenditure for land, buildings and major improvements to be used exclusively for cemetery
2067 purposes.
2068 Section 17. Section 10-7-14.2 is amended to read:
2069 10-7-14.2. Special tax -- Grant of power to levy.
2070 There is granted to the municipalities of the state not in an improvement district created
2071 for the purpose of establishing and maintaining a sewage collection, treatment, or disposal

2072 system or a system for the supply, treatment, or distribution of water pursuant to the provisions
2073 of Title [17A] 17B, Chapter 2, Part [3,] 4, Improvement District Act, in addition to all other
2074 rights of assessment, the right to levy a tax annually not to exceed .0008 per dollar of taxable
2075 value of taxable property in the municipality. The money raised by the levy shall be placed in a
2076 special fund and used only for the purpose of financing the construction of facilities to purify
2077 the drinking water of the municipality and the construction of facilities for the treatment and
2078 disposal of the sewage of the municipality, or to pay principal and interest on bonds issued for
2079 the construction of facilities if construction has actually commenced subsequent to the
2080 enactment of this statute. The municipality may accumulate from year to year and reserve in
2081 the special fund the money raised for this purpose. The levy shall be made and collected in the
2082 same manner as other property taxes are levied and collected by municipalities.
2083 Section 18. Section 10-9a-103 is amended to read:
2084 10-9a-103. Definitions.
2085 As used in this chapter:
2086 (1) "Affected entity" means a county, municipality, [independent special district under
2087 Title 17A, Chapter 2, Independent Special Districts,] local district [under Title 17B, Chapter 2,
2088 Local Districts], special service district under Title 17A, Chapter 2, Part 13, Utah Special
2089 Service District Act, school district, interlocal cooperation entity established under Title 11,
2090 Chapter 13, Interlocal Cooperation Act, specified public utility, a property owner, a property
2091 owners association, or the Utah Department of Transportation, if:
2092 (a) the entity's services or facilities are likely to require expansion or significant
2093 modification because of an intended use of land;
2094 (b) the entity has filed with the municipality a copy of the entity's general or long-range
2095 plan; or
2096 (c) the entity has filed with the municipality a request for notice during the same
2097 calendar year and before the municipality provides notice to an affected entity in compliance
2098 with a requirement imposed under this chapter.
2099 (2) "Appeal authority" means the person, board, commission, agency, or other body
2100 designated by ordinance to decide an appeal of a decision of a land use application or a
2101 variance.
2102 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or

2103 residential property if the sign is designed or intended to direct attention to a business, product,
2104 or service that is not sold, offered, or existing on the property where the sign is located.
2105 (4) "Charter school" includes:
2106 (a) an operating charter school;
2107 (b) a charter school applicant that has its application approved by a chartering entity in
2108 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
2109 (c) an entity who is working on behalf of a charter school or approved charter applicant
2110 to develop or construct a charter school building.
2111 (5) "Chief executive officer" means the:
2112 (a) mayor in municipalities operating under all forms of municipal government except
2113 the council-manager form; or
2114 (b) city manager in municipalities operating under the council-manager form of
2115 municipal government.
2116 (6) "Conditional use" means a land use that, because of its unique characteristics or
2117 potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
2118 compatible in some areas or may be compatible only if certain conditions are required that
2119 mitigate or eliminate the detrimental impacts.
2120 (7) "Constitutional taking" means a governmental action that results in a taking of
2121 private property so that compensation to the owner of the property is required by the:
2122 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
2123 (b) Utah Constitution Article I, Section 22.
2124 (8) "Culinary water authority" means the department, agency, or public entity with
2125 responsibility to review and approve the feasibility of the culinary water system and sources for
2126 the subject property.
2127 (9) (a) "Disability" means a physical or mental impairment that substantially limits one
2128 or more of a person's major life activities, including a person having a record of such an
2129 impairment or being regarded as having such an impairment.
2130 (b) "Disability" does not include current illegal use of, or addiction to, any federally
2131 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
2132 802.
2133 (10) "Elderly person" means a person who is 60 years old or older, who desires or

2134 needs to live with other elderly persons in a group setting, but who is capable of living
2135 independently.
2136 (11) "General plan" means a document that a municipality adopts that sets forth general
2137 guidelines for proposed future development of the land within the municipality.
2138 (12) "Identical plans" means building plans submitted to a municipality that are
2139 substantially identical to building plans that were previously submitted to and reviewed and
2140 approved by the municipality and describe a building that is:
2141 (a) located on land zoned the same as the land on which the building described in the
2142 previously approved plans is located; and
2143 (b) subject to the same geological and meteorological conditions and the same law as
2144 the building described in the previously approved plans.
2145 (13) "Land use application" means an application required by a municipality's land use
2146 ordinance.
2147 (14) "Land use authority" means a person, board, commission, agency, or other body
2148 designated by the local legislative body to act upon a land use application.
2149 (15) "Land use ordinance" means a planning, zoning, development, or subdivision
2150 ordinance of the municipality, but does not include the general plan.
2151 (16) "Land use permit" means a permit issued by a land use authority.
2152 (17) "Legislative body" means the municipal council.
2153 (18) "Local district" means an entity under Title 17B, Limited Purpose Local
2154 Government Entities - Local Districts, and any other governmental or quasi-governmental
2155 entity that is not a county, municipality, school district, or unit of the state.
2156 [(18)] (19) "Lot line adjustment" means the relocation of the property boundary line in
2157 a subdivision between two adjoining lots with the consent of the owners of record.
2158 [(19)] (20) "Moderate income housing" means housing occupied or reserved for
2159 occupancy by households with a gross household income equal to or less than 80% of the
2160 median gross income for households of the same size in the county in which the city is located.
2161 [(20)] (21) "Nominal fee" means a fee that reasonably reimburses a municipality only
2162 for time spent and expenses incurred in:
2163 (a) verifying that building plans are identical plans; and
2164 (b) reviewing and approving those minor aspects of identical plans that differ from the

2165 previously reviewed and approved building plans.
2166 [(21)] (22) "Noncomplying structure" means a structure that:
2167 (a) legally existed before its current land use designation; and
2168 (b) because of one or more subsequent land use ordinance changes, does not conform
2169 to the setback, height restrictions, or other regulations, excluding those regulations, which
2170 govern the use of land.
2171 [(22)] (23) "Nonconforming use" means a use of land that:
2172 (a) legally existed before its current land use designation;
2173 (b) has been maintained continuously since the time the land use ordinance governing
2174 the land changed; and
2175 (c) because of one or more subsequent land use ordinance changes, does not conform
2176 to the regulations that now govern the use of the land.
2177 [(23)] (24) "Official map" means a map drawn by municipal authorities and recorded in
2178 a county recorder's office that:
2179 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
2180 highways and other transportation facilities;
2181 (b) provides a basis for restricting development in designated rights-of-way or between
2182 designated setbacks to allow the government authorities time to purchase or otherwise reserve
2183 the land; and
2184 (c) has been adopted as an element of the municipality's general plan.
2185 [(24)] (25) "Person" means an individual, corporation, partnership, organization,
2186 association, trust, governmental agency, or any other legal entity.
2187 [(25)] (26) "Plan for moderate income housing" means a written document adopted by
2188 a city legislative body that includes:
2189 (a) an estimate of the existing supply of moderate income housing located within the
2190 city;
2191 (b) an estimate of the need for moderate income housing in the city for the next five
2192 years as revised biennially;
2193 (c) a survey of total residential land use;
2194 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
2195 income housing; and

2196 (e) a description of the city's program to encourage an adequate supply of moderate
2197 income housing.
2198 [(26)] (27) "Plat" means a map or other graphical representation of lands being laid out
2199 and prepared in accordance with Section 10-9a-603 , 17-23-17 , or 57-8-13 .
2200 [(27)] (28) "Public hearing" means a hearing at which members of the public are
2201 provided a reasonable opportunity to comment on the subject of the hearing.
2202 [(28)] (29) "Public meeting" means a meeting that is required to be open to the public
2203 under Title 52, Chapter 4, Open and Public Meetings Act.
2204 [(29)] (30) "Record of survey map" means a map of a survey of land prepared in
2205 accordance with Section 17-23-17 .
2206 [(30)] (31) "Residential facility for elderly persons" means a single-family or
2207 multiple-family dwelling unit that meets the requirements of Section 10-9a-516 , but does not
2208 include a health care facility as defined by Section 26-21-2 .
2209 [(31)] (32) "Residential facility for persons with a disability" means a residence:
2210 (a) in which more than one person with a disability resides; and
2211 (b) (i) is licensed or certified by the Department of Human Services under Title 62A,
2212 Chapter 2, Licensure of Programs and Facilities; or
2213 (ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
2214 Health Care Facility Licensing and Inspection Act.
2215 [(32)] (33) "Sanitary sewer authority" means the department, agency, or public entity
2216 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
2217 wastewater systems.
2218 [(33) "Special district" means an entity established under the authority of Title 17A,
2219 Special Districts, and any other governmental or quasi-governmental entity that is not a county,
2220 municipality, school district, or unit of the state.]
2221 (34) "Specified public utility" means an electrical corporation, gas corporation, or
2222 telephone corporation, as those terms are defined in Section 54-2-1 .
2223 (35) "Street" means a public right-of-way, including a highway, avenue, boulevard,
2224 parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
2225 way.
2226 (36) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be

2227 divided into two or more lots, parcels, sites, units, plots, or other division of land for the
2228 purpose, whether immediate or future, for offer, sale, lease, or development either on the
2229 installment plan or upon any and all other plans, terms, and conditions.
2230 (b) "Subdivision" includes:
2231 (i) the division or development of land whether by deed, metes and bounds description,
2232 devise and testacy, map, plat, or other recorded instrument; and
2233 (ii) except as provided in Subsection (36)(c), divisions of land for residential and
2234 nonresidential uses, including land used or to be used for commercial, agricultural, and
2235 industrial purposes.
2236 (c) "Subdivision" does not include:
2237 (i) a bona fide division or partition of agricultural land for the purpose of joining one of
2238 the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
2239 neither the resulting combined parcel nor the parcel remaining from the division or partition
2240 violates an applicable land use ordinance;
2241 (ii) a recorded agreement between owners of adjoining unsubdivided properties
2242 adjusting their mutual boundary if:
2243 (A) no new lot is created; and
2244 (B) the adjustment does not violate applicable land use ordinances;
2245 (iii) a recorded document, executed by the owner of record:
2246 (A) revising the legal description of more than one contiguous unsubdivided parcel of
2247 property into one legal description encompassing all such parcels of property; or
2248 (B) joining a subdivided parcel of property to another parcel of property that has not
2249 been subdivided, if the joinder does not violate applicable land use ordinances; or
2250 (iv) a recorded agreement between owners of adjoining subdivided properties adjusting
2251 their mutual boundary if:
2252 (A) no new dwelling lot or housing unit will result from the adjustment; and
2253 (B) the adjustment will not violate any applicable land use ordinance.
2254 (d) The joining of a subdivided parcel of property to another parcel of property that has
2255 not been subdivided does not constitute a subdivision under this Subsection (36) as to the
2256 unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
2257 subdivision ordinance.

2258 (37) "Unincorporated" means the area outside of the incorporated area of a city or
2259 town.
2260 (38) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
2261 land use zones, overlays, or districts.
2262 Section 19. Section 10-9a-305 is amended to read:
2263 10-9a-305. Other entities required to conform to municipality's land use
2264 ordinances -- Exceptions -- School districts and charter schools.
2265 (1) (a) Each county, municipality, school district, charter school, [special] local district,
2266 special service district, and political subdivision of the state shall conform to any applicable
2267 land use ordinance of any municipality when installing, constructing, operating, or otherwise
2268 using any area, land, or building situated within that municipality.
2269 (b) In addition to any other remedies provided by law, when a municipality's land use
2270 ordinances is violated or about to be violated by another political subdivision, that municipality
2271 may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
2272 prevent, enjoin, abate, or remove the improper installation, improvement, or use.
2273 (2) (a) Except as provided in Subsection (3), a school district or charter school is
2274 subject to a municipality's land use ordinances.
2275 (b) (i) Notwithstanding Subsection (3), a municipality may subject a charter school to
2276 standards within each zone pertaining to setback, height, bulk and massing regulations, off-site
2277 parking, curb cut, traffic circulation, and construction staging.
2278 (ii) The standards to which a municipality may subject a charter school under
2279 Subsection (2)(b)(i) shall be objective standards only and may not be subjective.
2280 (iii) Except as provided in Subsection (7)(d), the only basis upon which a municipality
2281 may deny or withhold approval of a charter school's land use application is the charter school's
2282 failure to comply with a standard imposed under Subsection (2)(b)(i).
2283 (iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of an
2284 obligation to comply with a requirement of an applicable building or safety code to which it is
2285 otherwise obligated to comply.
2286 (3) A municipality may not:
2287 (a) impose requirements for landscaping, fencing, aesthetic considerations,
2288 construction methods or materials, building codes, building use for educational purposes, or the

2289 placement or use of temporary classroom facilities on school property;
2290 (b) except as otherwise provided in this section, require a school district or charter
2291 school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
2292 school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
2293 children and not located on or contiguous to school property, unless the roadway or sidewalk is
2294 required to connect an otherwise isolated school site to an existing roadway;
2295 (c) require a district or charter school to pay fees not authorized by this section;
2296 (d) provide for inspection of school construction or assess a fee or other charges for
2297 inspection, unless the school district or charter school is unable to provide for inspection by an
2298 inspector, other than the project architect or contractor, who is qualified under criteria
2299 established by the state superintendent;
2300 (e) require a school district or charter school to pay any impact fee for an improvement
2301 project that is not reasonably related to the impact of the project upon the need that the
2302 improvement is to address; or
2303 (f) impose regulations upon the location of a project except as necessary to avoid
2304 unreasonable risks to health or safety.
2305 (4) Subject to Section 53A-20-108 , a school district or charter school shall coordinate
2306 the siting of a new school with the municipality in which the school is to be located, to:
2307 (a) avoid or mitigate existing and potential traffic hazards, including consideration of
2308 the impacts between the new school and future highways; and
2309 (b) to maximize school, student, and site safety.
2310 (5) Notwithstanding Subsection (3)(d), a municipality may, at its discretion:
2311 (a) provide a walk-through of school construction at no cost and at a time convenient to
2312 the district or charter school; and
2313 (b) provide recommendations based upon the walk-through.
2314 (6) (a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
2315 (i) a municipal building inspector;
2316 (ii) a school district building inspector; or
2317 (iii) an independent, certified building inspector who is:
2318 (A) not an employee of the contractor;
2319 (B) approved by a municipal building inspector or a school district building inspector;

2320 and
2321 (C) licensed to perform the inspection that the inspector is requested to perform.
2322 (b) The approval under Subsection (6)(a)(iii)(B) may not be unreasonably withheld.
2323 (c) If a school district or charter school uses an independent building inspector under
2324 Subsection (6)(a)(iii), the school district or charter school shall submit to the state
2325 superintendent of public instruction, on a monthly basis during construction of the school
2326 building, a copy of each inspection certificate regarding the school building.
2327 (7) (a) A charter school shall be considered a permitted use in all zoning districts
2328 within a municipality.
2329 (b) Each land use application for any approval required for a charter school, including
2330 an application for a building permit, shall be processed on a first priority basis.
2331 (c) Parking requirements for a charter school may not exceed the minimum parking
2332 requirements for schools or other institutional public uses throughout the municipality.
2333 (d) If a municipality has designated zones for a sexually oriented business, or a
2334 business which sells alcohol, a charter school may be prohibited from a location which would
2335 otherwise defeat the purpose for the zone unless the charter school provides a waiver.
2336 (e) (i) A school district or a charter school may seek a certificate authorizing permanent
2337 occupancy of a school building from:
2338 (A) the state superintendent of public instruction, as provided in Subsection
2339 53A-20-104 (3), if the school district or charter school used an independent building inspector
2340 for inspection of the school building; or
2341 (B) a municipal official with authority to issue the certificate, if the school district or
2342 charter school used a municipal building inspector for inspection of the school building.
2343 (ii) A school district may issue its own certificate authorizing permanent occupancy of
2344 a school building if it used its own building inspector for inspection of the school building,
2345 subject to the notification requirement of Subsection 53A-20-104 (3)(a)(ii).
2346 (iii) A charter school may seek a certificate authorizing permanent occupancy of a
2347 school building from a school district official with authority to issue the certificate, if the
2348 charter school used a school district building inspector for inspection of the school building.
2349 (iv) A certificate authorizing permanent occupancy issued by the state superintendent
2350 of public instruction under Subsection 53A-20-104 (3) or a school district official with authority

2351 to issue the certificate shall be considered to satisfy any municipal requirement for an
2352 inspection or a certificate of occupancy.
2353 Section 20. Section 11-2-1 is amended to read:
2354 11-2-1. Local authorities may designate and acquire property for playgrounds
2355 and recreational facilities.
2356 The governing body of any city, town, school district, [special] local district, special
2357 service district, or county may designate and set apart for use as playgrounds, athletic fields,
2358 gymnasiums, public baths, swimming pools, camps, indoor recreation centers, television
2359 transmission and relay facilities, or other recreational facilities, any lands, buildings or personal
2360 property owned by such cities, towns, counties, [special] local districts, special service districts,
2361 or school districts that may be suitable for such purposes; and may, in such manner as may be
2362 authorized and provided by law for the acquisition of lands or buildings for public purposes in
2363 such cities, towns, counties, [special] local districts, special service districts, and school
2364 districts, acquire lands, buildings, and personal property therein for such use; and may equip,
2365 maintain, operate and supervise the same, employing such play leaders, recreation directors,
2366 supervisors and other employees as it may deem proper. Such acquisition of lands, buildings
2367 and personal property and the equipping, maintaining, operating and supervision of the same
2368 shall be deemed to be for public, governmental and municipal purposes.
2369 Section 21. Section 11-13-103 is amended to read:
2370 11-13-103. Definitions.
2371 As used in this chapter:
2372 (1) "Additional project capacity" means electric generating capacity provided by a
2373 generating unit that first produces electricity on or after May 6, 2002 and that is constructed or
2374 installed at or adjacent to the site of a project that first produced electricity before May 6, 2002,
2375 regardless of whether:
2376 (a) the owners of the new generating unit are the same as or different from the owner of
2377 the project; and
2378 (b) the purchasers of electricity from the new generating unit are the same as or
2379 different from the purchasers of electricity from the project.
2380 (2) "Board" means the Permanent Community Impact Fund Board created by Section
2381 9-4-304 , and its successors.

2382 (3) "Candidate" means one or more of:
2383 (a) the state;
2384 (b) a county, municipality, school district, [special] local district, special service
2385 district, or other political subdivision of the state; and
2386 (c) a prosecution district.
2387 (4) "Commercial project entity" means a project entity, defined in Subsection (12),
2388 that:
2389 (a) has no taxing authority; and
2390 (b) is not supported in whole or in part by and does not expend or disburse tax
2391 revenues.
2392 (5) "Direct impacts" means an increase in the need for public facilities or services that
2393 is attributable to the project or facilities providing additional project capacity, except impacts
2394 resulting from the construction or operation of a facility that is:
2395 (a) owned by an owner other than the owner of the project or of the facilities providing
2396 additional project capacity; and
2397 (b) used to furnish fuel, construction, or operation materials for use in the project.
2398 (6) "Electric interlocal entity" means an interlocal entity described in Subsection
2399 11-13-203 (3).
2400 (7) "Energy services interlocal entity" means an interlocal entity that is described in
2401 Subsection 11-13-203 (4).
2402 (8) (a) "Estimated electric requirements," when used with respect to a qualified energy
2403 services interlocal entity, includes any of the following that meets the requirements of
2404 Subsection (8)(b):
2405 (i) generation capacity;
2406 (ii) generation output; or
2407 (iii) an electric energy production facility.
2408 (b) An item listed in Subsection (8)(a) is included in "estimated electric requirements"
2409 if it is needed by the qualified energy services interlocal entity to perform the qualified energy
2410 services interlocal entity's contractual or legal obligations to any of its members.
2411 (9) "Interlocal entity" means:
2412 (a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal

2413 entity; or
2414 (b) a separate legal or administrative entity created under Section 11-13-205 .
2415 (10) "Out-of-state public agency" means a public agency as defined in Subsection
2416 (13)(c), (d), or (e).
2417 (11) (a) "Project":
2418 (i) means an electric generation and transmission facility owned by a Utah interlocal
2419 entity or an electric interlocal entity; and
2420 (ii) includes fuel or fuel transportation facilities and water facilities owned by that Utah
2421 interlocal entity or electric interlocal entity and required for the generation and transmission
2422 facility.
2423 (b) "Project" includes a project entity's ownership interest in:
2424 (i) facilities that provide additional project capacity; and
2425 (ii) additional generating, transmission, fuel, fuel transportation, water, or other
2426 facilities added to a project.
2427 (12) "Project entity" means a Utah interlocal entity or an electric interlocal entity that
2428 owns a project.
2429 (13) "Public agency" means:
2430 (a) a city, town, county, school district, [special] local district, special service district,
2431 or other political subdivision of the state;
2432 (b) the state or any department, division, or agency of the state;
2433 (c) any agency of the United States;
2434 (d) any political subdivision or agency of another state or the District of Columbia
2435 including any interlocal cooperation or joint powers agency formed under the authority of the
2436 law of the other state or the District of Columbia; and
2437 (e) any Indian tribe, band, nation, or other organized group or community which is
2438 recognized as eligible for the special programs and services provided by the United States to
2439 Indians because of their status as Indians.
2440 (14) "Qualified energy services interlocal entity" means an energy services interlocal
2441 entity that at the time that the energy services interlocal entity acquires its interest in facilities
2442 providing additional project capacity has at least five members that are Utah public agencies.
2443 (15) "Utah interlocal entity":

2444 (a) means an interlocal entity described in Subsection 11-13-203 (2); and
2445 (b) includes a separate legal or administrative entity created under Chapter 47, Laws of
2446 Utah 1977, Section 3, as amended.
2447 (16) "Utah public agency" means a public agency under Subsection (13)(a) or (b).
2448 Section 22. Section 11-14-102 is amended to read:
2449 11-14-102. Definitions.
2450 For the purpose of this chapter:
2451 (1) "Bond" means any bond authorized to be issued under this chapter, including
2452 municipal bonds.
2453 (2) "Election results" has the same meaning as defined in Section 20A-1-102 .
2454 (3) "Governing body" means:
2455 (a) for a county, city, or town, the legislative body of the county, city, or town;
2456 (b) for [an independent special district or] a local district, the board of trustees of the
2457 [independent special district or] local district;
2458 (c) for a school district, the local board of education; or
2459 (d) for a special service district under Title 17A, Chapter 2, Part 13, Utah Special
2460 Service District Act:
2461 (i) the governing body of the county or municipality that created the special service
2462 district, if no administrative control board has been established under Section 17A-2-1326 ; or
2463 (ii) the administrative control board, if one has been established under Section
2464 17A-2-1326 and the power to issue bonds not payable from taxes has been delegated to the
2465 administrative control board.
2466 [(4) "Independent special district" means a district operating under Title 17A, Chapter
2467 2, Independent Special Districts.]
2468 [(5)] (4) "Local district" means a district operating under Title 17B, [Chapter 2,]
2469 Limited Purpose Local Government Entities - Local Districts.
2470 [(6)] (5) (a) "Local political subdivision" means a county, city, town, school district,
2471 [independent special district, or] local district, or special service district.
2472 (b) "Local political subdivision" does not include the state and its institutions.
2473 Section 23. Section 11-14-301 is amended to read:
2474 11-14-301. Issuance of bonds by governing body -- Computation of indebtedness

2475 under constitutional and statutory limitations.
2476 (1) If the governing body has declared the bond proposition to have carried and no
2477 contest has been filed, or if a contest has been filed and favorably terminated, the governing
2478 body may proceed to issue the bonds voted at the election.
2479 (2) It is not necessary that all of the bonds be issued at one time, but bonds approved by
2480 the voters may not be issued more than ten years after the date of the election.
2481 (3) (a) Bonds approved by the voters may not be issued to an amount that will cause
2482 the indebtedness of the local political subdivision to exceed that permitted by the Utah
2483 Constitution or statutes.
2484 (b) In computing the amount of indebtedness that may be incurred pursuant to
2485 constitutional and statutory limitations, the constitutionally or statutorily permitted percentage,
2486 as the case may be, shall be applied to the fair market value, as defined under Section 59-2-102 ,
2487 of the taxable property in the local political subdivision, as computed from the last applicable
2488 equalized assessment [rolls for state and county purposes prior to] roll before the incurring of
2489 the additional indebtedness[, except that in the case of cities the last equalized assessment rolls
2490 for city purposes shall be controlling].
2491 (c) In determining the fair market value of the taxable property in the local political
2492 subdivision as provided in this section, the value of all tax equivalent property, as defined in
2493 Section 59-3-102 , shall be included as a part of the total fair market value of taxable property
2494 in the local political subdivision, as provided in Title 59, Chapter 3, Tax Equivalent Property
2495 Act.
2496 (4) Bonds of improvement districts issued in a manner that they are payable solely
2497 from the revenues to be derived from the operation of the facilities of the district may not be
2498 included as bonded indebtedness for the purposes of the computation.
2499 (5) Where bonds are issued by a city, town, or county payable solely from revenues
2500 derived from the operation of revenue-producing facilities of the city, town, or county, or
2501 payable solely from a special fund into which are deposited excise taxes levied and collected by
2502 the city, town, or county, or excise taxes levied by the state and rebated pursuant to law to the
2503 city, town, or county, or any combination of those excise taxes, the bonds shall be included as
2504 bonded indebtedness of the city, town, or county only to the extent required by the Utah
2505 Constitution, and any bonds not so required to be included as bonded indebtedness of the city,

2506 town, or county need not be authorized at an election, except as otherwise provided by the Utah
2507 Constitution, the bonds being hereby expressly excluded from the election requirement of
2508 Section 11-14-201 .
2509 (6) A bond election is not void when the amount of bonds authorized at the election
2510 exceeded the limitation applicable to the local political subdivision at the time of holding the
2511 election, but the bonds may be issued from time to time in an amount within the applicable
2512 limitation at the time the bonds are issued.
2513 Section 24. Section 11-14a-1 is amended to read:
2514 11-14a-1. Notice of debt issuance.
2515 (1) For purposes of this chapter:
2516 (a) (i) "Debt" includes bonds, lease purchase agreements, certificates of participation,
2517 and contracts with municipal building authorities.
2518 (ii) "Debt" does not include tax and revenue anticipation notes or refunding bonds.
2519 (b) (i) "Local government entity" means a county, city, town, school district, [or
2520 special] local district, or special service district.
2521 (ii) "Local government entity" does not mean an entity created by an interlocal
2522 agreement under Title 11, Chapter 13, Interlocal Cooperation Act that has assets over
2523 $10,000,000.
2524 (c) "New debt resolution" means a resolution authorizing the issuance of debt wholly
2525 or partially to fund a rejected project.
2526 (d) "Rejected Project" means a project for which a local government entity sought
2527 voter approval for general obligation bond financing and failed to receive that approval.
2528 (2) Unless a local government entity complies with the requirements of this section, it
2529 may not adopt a new debt resolution.
2530 (3) (a) Before adopting a new debt resolution, a local government entity shall:
2531 (i) advertise its intent to issue debt in a newspaper of general circulation; or
2532 (ii) include notice of its intent to issue debt in a bill or other mailing sent to at least
2533 95% of the residents of the local government entity.
2534 (b) (i) The local government entity shall ensure that the advertisement is published at
2535 least once each week for the two weeks before the meeting at which the resolution will be
2536 considered on no less than a 1/4 page or a 5 x 7 inch advertisement with type size no smaller

2537 than 18 point and surrounded by a 1/4 inch border.
2538 (ii) The local government entity shall ensure that the notice:
2539 (A) is at least as large as the bill or other mailing that it accompanies;
2540 (B) is entitled, in type size no smaller than 24 point, "Intent to Issue Debt"; and
2541 (C) contains the information required by Subsection (3)(c).
2542 (c) The local government entity shall ensure that the advertisement or notice:
2543 (i) identifies the local government entity;
2544 (ii) states that the entity will meet on a day, time, and place identified in the
2545 advertisement or notice to hear public comments regarding a resolution authorizing the
2546 issuance of debt by the entity and to explain to the public the reasons for the issuance of debt;
2547 (iii) contains:
2548 (A) the name of the entity that will issue the debt;
2549 (B) the purpose of the debt; and
2550 (C) that type of debt and the maximum principal amount that may be issued;
2551 (iv) invites all concerned citizens to attend the public hearing; and
2552 (v) states that some or all of the proposed debt would fund a project whose general
2553 obligation bond financing was rejected by the voters.
2554 (4) (a) The resolution considered at the hearing shall identify:
2555 (i) the type of debt proposed to be issued;
2556 (ii) the maximum principal amount that might be issued;
2557 (iii) the interest rate;
2558 (iv) the term of the debt; and
2559 (v) how the debt will be repaid.
2560 (b) (i) Except as provided in Subsection (4)(b)(ii), the resolution considered at the
2561 hearing need not be in final form and need not be adopted or rejected at the meeting at which
2562 the public hearing is held.
2563 (ii) The local government entity may not, in the final resolution, increase the maximum
2564 principal amount of debt contained in the notice and discussed at the hearing.
2565 (c) The local government entity may adopt, amend and adopt, or reject the resolution at
2566 a later meeting without recomplying with the published notice requirements of this section.
2567 Section 25. Section 11-27-2 is amended to read:

2568 11-27-2. Definitions.
2569 As used in this chapter:
2570 (1) "Advance refunding bonds" means refunding bonds issued for the purpose of
2571 refunding outstanding bonds in advance of their maturity.
2572 (2) "Assessments" means a special tax levied against property within a special
2573 improvement district to pay all or a portion of the costs of making improvements in the district.
2574 (3) "Bond" means any revenue bond, general obligation bond, tax increment bond,
2575 special improvement bond, or refunding bond.
2576 (4) "General obligation bond" means any bond, note, warrant, certificate of
2577 indebtedness, or other obligation of a public body payable in whole or in part from revenues
2578 derived from ad valorem taxes and that constitutes an indebtedness within the meaning of any
2579 applicable constitutional or statutory debt limitation.
2580 (5) "Governing body" means the council, commission, county legislative body, board
2581 of directors, board of trustees, board of education, board of regents, or other legislative body of
2582 a public body designated in this chapter that is vested with the legislative powers of the public
2583 body, and, with respect to the state, the State Bonding Commission created by Section
2584 63B-1-201 .
2585 (6) "Government obligations" means:
2586 (a) direct obligations of the United States of America, or other securities, the principal
2587 of and interest on which are unconditionally guaranteed by the United States of America; or
2588 (b) obligations of any state, territory, or possession of the United States, or of any of
2589 the political subdivisions of any state, territory, or possession of the United States, or of the
2590 District of Columbia described in Section 103(a), Internal Revenue Code of 1986.
2591 (7) "Issuer" means the public body issuing any bond or bonds.
2592 (8) "Public body" means the state or any agency, authority, instrumentality, or
2593 institution of the state, or any municipal or quasi-municipal corporation, political subdivision,
2594 agency, school district, [special] local district, special service district, or other governmental
2595 entity now or hereafter existing under the laws of the state.
2596 (9) "Refunding bonds" means bonds issued under the authority of this chapter for the
2597 purpose of refunding outstanding bonds.
2598 (10) "Resolution" means a resolution of the governing body of a public body taking

2599 formal action under this chapter.
2600 (11) "Revenue bond" means any bond, note, warrant, certificate of indebtedness, or
2601 other obligation for the payment of money issued by a public body or any predecessor of any
2602 public body and that is payable from designated revenues not derived from ad valorem taxes or
2603 from a special fund composed of revenues not derived from ad valorem taxes, but excluding all
2604 of the following:
2605 (a) any obligation constituting an indebtedness within the meaning of any applicable
2606 constitutional or statutory debt limitation;
2607 (b) any obligation issued in anticipation of the collection of taxes, where the entire
2608 issue matures not later than one year from the date of the issue; and
2609 (c) any special improvement bond.
2610 (12) "Special improvement bond" means any bond, note, warrant, certificate of
2611 indebtedness, or other obligation of a public body or any predecessor of any public body that is
2612 payable from assessments levied on benefitted property and from any special improvement
2613 guaranty fund.
2614 (13) "Special improvement guaranty fund" means any special improvement guaranty
2615 fund established under Title 10, Chapter 6, Uniform Fiscal Procedures Act for Utah Cities;
2616 Title 17A, Chapter 3, Part 2, County Improvement Districts Act; or any predecessor or similar
2617 statute.
2618 (14) "Tax increment bond" means any bond, note, warrant, certificate of indebtedness,
2619 or other obligation of a public body issued under authority of [Title 17A, Chapter 2, Part 16,
2620 Great Salt Lake Development Authority, or any similar statutes, including] Title 17C, Limited
2621 Purpose Local Government Entities - Community Development and Renewal Agencies.
2622 Section 26. Section 11-30-2 is amended to read:
2623 11-30-2. Definitions.
2624 As used in this chapter:
2625 (1) "Attorney general" means the attorney general of the state or one of his assistants.
2626 (2) "Bonds" means any evidence or contract of indebtedness that is issued or
2627 authorized by a public body, including, without limitation, bonds, refunding bonds, advance
2628 refunding bonds, bond anticipation notes, tax anticipation notes, notes, certificates of
2629 indebtedness, warrants, commercial paper, contracts, and leases, whether they are general

2630 obligations of the issuing public body or are payable solely from a specified source, including,
2631 but not limited to, annual appropriations by the public body.
2632 (3) "County attorney" means the county attorney of a county or one of his assistants.
2633 (4) "Lease" means any lease agreement, lease purchase agreement, and installment
2634 purchase agreement, and any certificate of interest or participation in any of the foregoing.
2635 Reference in this chapter to issuance of bonds includes execution and delivery of leases.
2636 (5) "Person" means any person, association, corporation, or other entity.
2637 (6) "Public body" means the state or any agency, authority, instrumentality, or
2638 institution of the state, or any county, municipality, quasi-municipal corporation, school
2639 district, [special] local district, special service district, political subdivision, or other
2640 governmental entity existing under the laws of the state, whether or not possessed of any taxing
2641 power. With respect to leases, public body, as used in this chapter, refers to the public body
2642 which is the lessee, or is otherwise the obligor with respect to payment under any such leases.
2643 (7) "Refunding bonds" means any bonds that are issued to refund outstanding bonds,
2644 including both refunding bonds and advance refunding bonds.
2645 (8) "State" means the state of Utah.
2646 (9) "Validity" means any matter relating to the legality and validity of the bonds and
2647 the security therefor, including, without limitation, the legality and validity of:
2648 (a) a public body's authority to issue and deliver the bonds;
2649 (b) any ordinance, resolution, or statute granting the public body authority to issue and
2650 deliver the bonds;
2651 (c) all proceedings, elections, if any, and any other actions taken or to be taken in
2652 connection with the issuance, sale, or delivery of the bonds;
2653 (d) the purpose, location, or manner of the expenditure of funds;
2654 (e) the organization or boundaries of the public body;
2655 (f) any assessments, taxes, rates, rentals, fees, charges, or tolls levied or that may be
2656 levied in connection with the bonds;
2657 (g) any lien, proceeding, or other remedy for the collection of those assessments, taxes,
2658 rates, rentals, fees, charges, or tolls;
2659 (h) any contract or lease executed or to be executed in connection with the bonds;
2660 (i) the pledge of any taxes, revenues, receipts, rentals, or property, or encumbrance

2661 thereon or security interest therein to secure the bonds; and
2662 (j) any covenants or provisions contained in or to be contained in the bonds. If any
2663 deed, will, statute, resolution, ordinance, lease, indenture, contract, franchise, or other
2664 instrument may have an effect on any of the aforementioned, validity also means a declaration
2665 of the validity and legality thereof and of rights, status, or other legal relations arising
2666 therefrom.
2667 Section 27. Section 11-31-2 is amended to read:
2668 11-31-2. Definitions.
2669 As used in this chapter:
2670 (1) "Bonds" means any evidence or contract of indebtedness that is issued or
2671 authorized by a public body, including, without limitation, bonds, refunding bonds, advance
2672 refunding bonds, bond anticipation notes, tax anticipation notes, notes, certificates of
2673 indebtedness, warrants, commercial paper, contracts, and leases, whether they are general
2674 obligations of the issuing public body or are payable solely from a specified source, including,
2675 but not limited to, annual appropriations by the public body.
2676 (2) "Legislative body" means, with respect to any action to be taken by a public body
2677 with respect to bonds, the board, commission, council, agency, or other similar body authorized
2678 by law to take legislative action on behalf of the public body, and in the case of the state, the
2679 Legislature, the state treasurer, the commission created under Section 63B-1-201 , and any other
2680 entities the Legislature designates.
2681 (3) "Public body" means the state and any public department, public agency, or other
2682 public entity existing under the laws of the state, including, without limitation, any agency,
2683 authority, instrumentality, or institution of the state, and any county, city, town, municipal
2684 corporation, quasi-municipal corporation, state university or college, school district, special
2685 service district [or other special], local district, [improvement district, water conservancy
2686 district, metropolitan water district, drainage district, irrigation district, fire protection district,]
2687 separate legal or administrative entity created under the Interlocal Cooperation Act or other
2688 joint agreement entity, [redevelopment] community development and renewal agency, and any
2689 other political subdivision, public authority, public agency, or public trust existing under the
2690 laws of the state.
2691 Section 28. Section 11-34-1 is amended to read:

2692 11-34-1. Definitions.
2693 As used in this chapter:
2694 (1) "Bonds" means any evidence or contract of indebtedness that is issued or
2695 authorized by a public body, including, without limitation, bonds, refunding bonds, advance
2696 refunding bonds, bond anticipation notes, tax anticipation notes, notes, certificates of
2697 indebtedness, warrants, commercial paper, contracts, and leases, whether they are general
2698 obligations of the issuing public body or are payable solely from a specified source, including,
2699 but not limited to, annual appropriations by the public body.
2700 (2) "Public body" means the state and any public department, public agency, or other
2701 public entity existing under the laws of the state, including, without limitation, any agency,
2702 authority, instrumentality, or institution of the state, and any county, city, town, municipal
2703 corporation, quasi-municipal corporation, state university or college, school district, special
2704 service district [or other special], local district, [improvement district, water conservancy
2705 district, metropolitan water district, drainage district, irrigation district, fire protection district,]
2706 separate legal or administrative entity created under the Interlocal Cooperation Act or other
2707 joint agreement entity, [redevelopment] community development and renewal agency, and any
2708 other political subdivision, public authority, public agency, or public trust existing under the
2709 laws of this state.
2710 Section 29. Section 11-36-102 is amended to read:
2711 11-36-102. Definitions.
2712 As used in this chapter:
2713 (1) "Building permit fee" means the fees charged to enforce the uniform codes adopted
2714 pursuant to Title 58, Chapter 56, Utah Uniform Building Standards Act, that are not greater
2715 than the fees indicated in the appendix to the International Building Code.
2716 (2) "Capital facilities plan" means the plan required by Section 11-36-201 .
2717 (3) "Development activity" means any construction or expansion of a building,
2718 structure, or use, any change in use of a building or structure, or any changes in the use of land
2719 that creates additional demand and need for public facilities.
2720 (4) "Development approval" means any written authorization from a local political
2721 subdivision that authorizes the commencement of development activity.
2722 (5) "Enactment" means:

2723 (a) a municipal ordinance, for municipalities;
2724 (b) a county ordinance, for counties; and
2725 (c) a governing board resolution, for [special] local districts or special service districts.
2726 (6) "Hookup fees" means reasonable fees, not in excess of the approximate average
2727 costs to the political subdivision, for services provided for and directly attributable to the
2728 connection to utility services, including gas, water, sewer, power, or other municipal, county,
2729 [or independent special] local district, or special service district utility services.
2730 (7) (a) "Impact fee" means a payment of money imposed upon development activity as
2731 a condition of development approval.
2732 (b) "Impact fee" does not mean a tax, a special assessment, a building permit fee, a
2733 hookup fee, a fee for project improvements, or other reasonable permit or application fee.
2734 (8) (a) "Local political subdivision" means a county, a municipality, [or a special] a
2735 local district [created] under Title [17A, Special Districts] 17B, Limited Purpose Local
2736 Government Entities - Local Districts, or a special service district under Title 17A, Chapter 2,
2737 Part 13, Utah Special Service District Act.
2738 (b) "Local political subdivision" does not mean school districts, whose impact fee
2739 activity is governed by Section 53A-20-100.5 .
2740 (9) "Private entity" means an entity with private ownership that provides culinary water
2741 that is required to be used as a condition of development.
2742 (10) (a) "Project improvements" means site improvements and facilities that are:
2743 (i) planned and designed to provide service for development resulting from a
2744 development activity; and
2745 (ii) necessary for the use and convenience of the occupants or users of development
2746 resulting from a development activity.
2747 (b) "Project improvements" does not mean system improvements.
2748 (11) "Proportionate share" means the cost of public facility improvements that are
2749 roughly proportionate and reasonably related to the service demands and needs of any
2750 development activity.
2751 (12) "Public facilities" means only the following capital facilities that have a life
2752 expectancy of ten or more years and are owned or operated by or on behalf of a local political
2753 subdivision or private entity:

2754 (a) water rights and water supply, treatment, and distribution facilities;
2755 (b) wastewater collection and treatment facilities;
2756 (c) storm water, drainage, and flood control facilities;
2757 (d) municipal power facilities;
2758 (e) roadway facilities;
2759 (f) parks, recreation facilities, open space, and trails; and
2760 (g) public safety facilities.
2761 (13) (a) "Public safety facility" means:
2762 (i) a building constructed or leased to house police, fire, or other public safety entities;
2763 or
2764 (ii) a fire suppression vehicle with a ladder reach of at least 75 feet, costing in excess of
2765 $1,250,000, that is necessary for fire suppression in commercial areas with one or more
2766 buildings at least five stories high.
2767 (b) "Public safety facility" does not mean a jail, prison, or other place of involuntary
2768 incarceration.
2769 (14) (a) "Roadway facilities" means streets or roads that have been designated on an
2770 officially adopted subdivision plat, roadway plan, or general plan of a political subdivision,
2771 together with all necessary appurtenances.
2772 (b) "Roadway facilities" includes associated improvements to federal or state roadways
2773 only when the associated improvements:
2774 (i) are necessitated by the new development; and
2775 (ii) are not funded by the state or federal government.
2776 (c) "Roadway facilities" does not mean federal or state roadways.
2777 (15) (a) "Service area" means a geographic area designated by a local political
2778 subdivision on the basis of sound planning or engineering principles in which a defined set of
2779 public facilities provide service within the area.
2780 (b) "Service area" may include the entire local political subdivision.
2781 (16) (a) "System improvements" means:
2782 (i) existing public facilities that are designed to provide services to service areas within
2783 the community at large; and
2784 (ii) future public facilities identified in a capital facilities plan that are intended to

2785 provide services to service areas within the community at large.
2786 (b) "System improvements" does not mean project improvements.
2787 Section 30. Section 11-36-201 is amended to read:
2788 11-36-201. Impact fees -- Analysis -- Capital facilities plan -- Notice of plan --
2789 Summary -- Exemptions.
2790 (1) (a) Each local political subdivision and private entity shall comply with the
2791 requirements of this chapter before establishing or modifying any impact fee.
2792 (b) A local political subdivision may not:
2793 (i) establish any new impact fees that are not authorized by this chapter; or
2794 (ii) impose or charge any other fees as a condition of development approval unless
2795 those fees are a reasonable charge for the service provided.
2796 (c) Notwithstanding any other requirements of this chapter, each local political
2797 subdivision shall ensure that each existing impact fee that is charged for any public facility not
2798 authorized by Subsection 11-36-102 (12) is repealed by July 1, 1995.
2799 (d) (i) Existing impact fees for public facilities authorized in Subsection 11-36-102 (12)
2800 that are charged by local political subdivisions need not comply with the requirements of this
2801 chapter until July 1, 1997.
2802 (ii) By July 1, 1997, each local political subdivision shall:
2803 (A) review any impact fees in existence as of the effective date of this act, and prepare
2804 and approve the analysis required by this section for each of those impact fees; and
2805 (B) ensure that the impact fees comply with the requirements of this chapter.
2806 (2) (a) Before imposing impact fees, each local political subdivision shall prepare a
2807 capital facilities plan.
2808 (b) (i) As used in this Subsection (2)(b):
2809 (A) (I) "Affected entity" means each county, municipality, [independent special district
2810 under Title 17A, Chapter 2, Independent Special Districts,] local district under Title 17B,
2811 [Chapter 2,] Limited Purpose Local Government Entities - Local Districts, special service
2812 district under Title 17A, Chapter 2, Part 13, Utah Special Service District Act, school district,
2813 interlocal cooperation entity established under Chapter 13, Interlocal Cooperation Act, and
2814 specified public utility:
2815 (Aa) whose services or facilities are likely to require expansion or significant

2816 modification because of the facilities proposed in the proposed capital facilities plan; or
2817 (Bb) that has filed with the local political subdivision or private entity a copy of the
2818 general or long-range plan of the county, municipality, [independent special district,] local
2819 district, special service district, school district, interlocal cooperation entity, or specified public
2820 utility.
2821 (II) "Affected entity" does not include the local political subdivision or private entity
2822 that is required under this Subsection (2) to provide notice.
2823 (B) "Specified public utility" means an electrical corporation, gas corporation, or
2824 telephone corporation, as those terms are defined in Section 54-2-1 .
2825 (ii) Before preparing a capital facilities plan for facilities proposed on land located
2826 within a county of the first or second class, each local political subdivision and each private
2827 entity shall provide written notice, as provided in this Subsection (2)(b), of its intent to prepare
2828 a capital facilities plan.
2829 (iii) Each notice under Subsection (2)(b)(ii) shall:
2830 (A) indicate that the local political subdivision or private entity intends to prepare a
2831 capital facilities plan;
2832 (B) describe or provide a map of the geographic area where the proposed capital
2833 facilities will be located;
2834 (C) be sent to:
2835 (I) each county in whose unincorporated area and each municipality in whose
2836 boundaries is located the land on which the proposed facilities will be located;
2837 (II) each affected entity;
2838 (III) the Automated Geographic Reference Center created in Section 63F-1-506 ;
2839 (IV) the association of governments, established pursuant to an interlocal agreement
2840 under Title 11, Chapter 13, Interlocal Cooperation Act, in which the facilities are proposed to
2841 be located; and
2842 (V) the state planning coordinator appointed under Section 63-38d-202 ; and
2843 (D) with respect to the notice to affected entities, invite the affected entities to provide
2844 information for the local political subdivision or private entity to consider in the process of
2845 preparing, adopting, and implementing a capital facilities plan concerning:
2846 (I) impacts that the facilities proposed in the capital facilities plan may have on the

2847 affected entity; and
2848 (II) facilities or uses of land that the affected entity is planning or considering that may
2849 conflict with the facilities proposed in the capital facilities plan.
2850 (c) The plan shall identify:
2851 (i) demands placed upon existing public facilities by new development activity; and
2852 (ii) the proposed means by which the local political subdivision will meet those
2853 demands.
2854 (d) Municipalities and counties need not prepare a separate capital facilities plan if the
2855 general plan required by Sections 10-9a-401 and 17-27a-401 contains the elements required by
2856 Subsection (2)(c).
2857 (e) (i) If a local political subdivision prepares an independent capital facilities plan
2858 rather than including a capital facilities element in the general plan, the local political
2859 subdivision shall, before adopting the capital facilities plan:
2860 (A) give public notice of the plan according to this Subsection (2)(e);
2861 (B) at least 14 days before the date of the public hearing:
2862 (I) make a copy of the plan, together with a summary designed to be understood by a
2863 lay person, available to the public; and
2864 (II) place a copy of the plan and summary in each public library within the local
2865 political subdivision; and
2866 (C) hold a public hearing to hear public comment on the plan.
2867 (ii) Municipalities shall comply with the notice and hearing requirements of, and,
2868 except as provided in Subsection 11-36-401 (4)(f), receive the protections of Sections
2869 10-9a-205 and 10-9a-801 and Subsection 10-9a-502 (2).
2870 (iii) Counties shall comply with the notice and hearing requirements of, and, except as
2871 provided in Subsection 11-36-401 (4)(f), receive the protections of Sections 17-27a-205 and
2872 17-27a-801 and Subsection 17-27a-502 (2).
2873 (iv) [Special] Local districts, special service districts, and private entities shall comply
2874 with the notice and hearing requirements of, and receive the protections of, Section
2875 [ 17A-1-203 ] 17B-1-111 .
2876 (v) Nothing contained in this Subsection (2)(e) or in the subsections referenced in
2877 Subsections (2)(e)(ii) and (iii) may be construed to require involvement by a planning

2878 commission in the capital facilities planning process.
2879 (f) (i) Local political subdivisions with a population or serving a population of less
2880 than 5,000 as of the last federal census need not comply with the capital facilities plan
2881 requirements of this part, but shall ensure that the impact fees imposed by them are based upon
2882 a reasonable plan.
2883 (ii) Subsection (2)(f)(i) does not apply to private entities.
2884 (3) In preparing the plan, each local political subdivision shall generally consider all
2885 revenue sources, including impact fees, to finance the impacts on system improvements.
2886 (4) A local political subdivision may only impose impact fees on development
2887 activities when its plan for financing system improvements establishes that impact fees are
2888 necessary to achieve an equitable allocation to the costs borne in the past and to be borne in the
2889 future, in comparison to the benefits already received and yet to be received.
2890 (5) (a) Each local political subdivision imposing impact fees shall prepare a written
2891 analysis of each impact fee that:
2892 (i) identifies the impact on system improvements required by the development activity;
2893 (ii) demonstrates how those impacts on system improvements are reasonably related to
2894 the development activity;
2895 (iii) estimates the proportionate share of the costs of impacts on system improvements
2896 that are reasonably related to the new development activity; and
2897 (iv) based upon those factors and the requirements of this chapter, identifies how the
2898 impact fee was calculated.
2899 (b) In analyzing whether or not the proportionate share of the costs of public facilities
2900 are reasonably related to the new development activity, the local political subdivision shall
2901 identify, if applicable:
2902 (i) the cost of existing public facilities;
2903 (ii) the manner of financing existing public facilities, such as user charges, special
2904 assessments, bonded indebtedness, general taxes, or federal grants;
2905 (iii) the relative extent to which the newly developed properties and the other
2906 properties in the municipality have already contributed to the cost of existing public facilities,
2907 by such means as user charges, special assessments, or payment from the proceeds of general
2908 taxes;

2909 (iv) the relative extent to which the newly developed properties and the other
2910 properties in the municipality will contribute to the cost of existing public facilities in the
2911 future;
2912 (v) the extent to which the newly developed properties are entitled to a credit because
2913 the municipality is requiring their developers or owners, by contractual arrangement or
2914 otherwise, to provide common facilities, inside or outside the proposed development, that have
2915 been provided by the municipality and financed through general taxation or other means, apart
2916 from user charges, in other parts of the municipality;
2917 (vi) extraordinary costs, if any, in servicing the newly developed properties; and
2918 (vii) the time-price differential inherent in fair comparisons of amounts paid at
2919 different times.
2920 (c) Each local political subdivision that prepares a written analysis under this
2921 Subsection (5) on or after July 1, 2000 shall also prepare a summary of the written analysis,
2922 designed to be understood by a lay person.
2923 (6) Each local political subdivision that adopts an impact fee enactment under Section
2924 11-36-202 on or after July 1, 2000 shall, at least 14 days before adopting the enactment, submit
2925 to each public library within the local political subdivision:
2926 (a) a copy of the written analysis required by Subsection (5)(a); and
2927 (b) a copy of the summary required by Subsection (5)(c).
2928 (7) Nothing in this chapter may be construed to repeal or otherwise eliminate any
2929 impact fee in effect on the effective date of this chapter that is pledged as a source of revenues
2930 to pay bonded indebtedness that was incurred before the effective date of this chapter.
2931 Section 31. Section 11-36-202 is amended to read:
2932 11-36-202. Impact fees -- Enactment -- Required provisions.
2933 (1) (a) Each local political subdivision wishing to impose impact fees shall pass an
2934 impact fee enactment.
2935 (b) The impact fee imposed by that enactment may not exceed the highest fee justified
2936 by the impact fee analysis performed pursuant to Section 11-36-201 .
2937 (c) In calculating the impact fee, each local political subdivision may include:
2938 (i) the construction contract price;
2939 (ii) the cost of acquiring land, improvements, materials, and fixtures;

2940 (iii) the cost for planning, surveying, and engineering fees for services provided for and
2941 directly related to the construction of the system improvements; and
2942 (iv) debt service charges, if the political subdivision might use impact fees as a revenue
2943 stream to pay the principal and interest on bonds, notes, or other obligations issued to finance
2944 the costs of the system improvements.
2945 (d) In calculating an impact fee, a local political subdivision may not include an
2946 expense for overhead unless the expense is calculated pursuant to a methodology that is
2947 consistent with:
2948 (i) generally accepted cost accounting practices; and
2949 (ii) the methodological standards set forth by the federal Office of Management and
2950 Budget for federal grant reimbursement.
2951 (e) In calculating an impact fee, each local political subdivision shall base amounts
2952 calculated under Subsection (1)(c) on realistic estimates, and the assumptions underlying those
2953 estimates shall be disclosed in the impact fee analysis.
2954 (f) In enacting an impact fee enactment:
2955 (i) municipalities shall:
2956 (A) make a copy of the impact fee enactment available to the public at least 14 days
2957 before the date of the public hearing; and
2958 (B) comply with the notice and hearing requirements of, and, except as provided in
2959 Subsection 11-36-401 (4)(f), receive the protections of Sections 10-9a-205 and 10-9a-801 ;
2960 (ii) counties shall:
2961 (A) make a copy of the impact fee enactment available to the public at least 14 days
2962 before the date of the public hearing; and
2963 (B) comply with the notice and hearing requirements of, and, except as provided in
2964 Subsection 11-36-401 (4)(f), receive the protections of Sections 17-27a-205 and 17-27a-801 ;
2965 and
2966 (iii) [special] local districts and special service districts, shall:
2967 (A) make a copy of the impact fee enactment available to the public at least 14 days
2968 before the date of the public hearing; and
2969 (B) comply with the notice and hearing requirements of, and receive the protections of,
2970 Section [ 17A-1-203 ] 17B-1-111 .

2971 (g) Nothing contained in Subsection (1)(f) or in the subsections referenced in
2972 Subsections (1)(f)(i)(B) and (ii)(B) may be construed to require involvement by a planning
2973 commission in the impact fee enactment process.
2974 (2) The local political subdivision shall ensure that the impact fee enactment contains:
2975 (a) a provision establishing one or more service areas within which it shall calculate
2976 and impose impact fees for various land use categories;
2977 (b) either:
2978 (i) a schedule of impact fees for each type of development activity that specifies the
2979 amount of the impact fee to be imposed for each type of system improvement; or
2980 (ii) the formula that the local political subdivision will use to calculate each impact fee;
2981 (c) a provision authorizing the local political subdivision to adjust the standard impact
2982 fee at the time the fee is charged to:
2983 (i) respond to unusual circumstances in specific cases; and
2984 (ii) ensure that the impact fees are imposed fairly; and
2985 (d) a provision governing calculation of the amount of the impact fee to be imposed on
2986 a particular development that permits adjustment of the amount of the fee based upon studies
2987 and data submitted by the developer.
2988 (3) The local political subdivision may include a provision in the impact fee enactment
2989 that:
2990 (a) exempts low income housing and other development activities with broad public
2991 purposes from impact fees and establishes one or more sources of funds other than impact fees
2992 to pay for that development activity;
2993 (b) imposes an impact fee for public facility costs previously incurred by a local
2994 political subdivision to the extent that new growth and development will be served by the
2995 previously constructed improvement; and
2996 (c) allows a credit against impact fees for any dedication of land for, improvement to,
2997 or new construction of, any system improvements provided by the developer if the facilities:
2998 (i) are identified in the capital facilities plan; and
2999 (ii) are required by the local political subdivision as a condition of approving the
3000 development activity.
3001 (4) Except as provided in Subsection (3)(b), the local political subdivision may not

3002 impose an impact fee to cure deficiencies in public facilities serving existing development.
3003 (5) Notwithstanding the requirements and prohibitions of this chapter, a local political
3004 subdivision may impose and assess an impact fee for environmental mitigation when:
3005 (a) the local political subdivision has formally agreed to fund a Habitat Conservation
3006 Plan to resolve conflicts with the Endangered Species Act of 1973, 16 U.S.C. Sec 1531, et seq.
3007 or other state or federal environmental law or regulation;
3008 (b) the impact fee bears a reasonable relationship to the environmental mitigation
3009 required by the Habitat Conservation Plan; and
3010 (c) the legislative body of the local political subdivision adopts an ordinance or
3011 resolution:
3012 (i) declaring that an impact fee is required to finance the Habitat Conservation Plan;
3013 (ii) establishing periodic sunset dates for the impact fee; and
3014 (iii) requiring the legislative body to:
3015 (A) review the impact fee on those sunset dates;
3016 (B) determine whether or not the impact fee is still required to finance the Habitat
3017 Conservation Plan; and
3018 (C) affirmatively reauthorize the impact fee if the legislative body finds that the impact
3019 fee must remain in effect.
3020 (6) Each political subdivision shall ensure that any existing impact fee for
3021 environmental mitigation meets the requirements of Subsection (5) by July 1, 1995.
3022 (7) Notwithstanding any other provision of this chapter:
3023 (a) a municipality imposing impact fees to fund fire trucks as of the effective date of
3024 this act may impose impact fees for fire trucks until July 1, 1997; and
3025 (b) an impact fee to pay for a public safety facility that is a fire suppression vehicle
3026 may not be imposed with respect to land that has a zoning designation other than commercial.
3027 (8) Notwithstanding any other provision of this chapter, a local political subdivision
3028 may impose and collect impact fees on behalf of a school district if authorized by Section
3029 53A-20-100.5 .
3030 Section 32. Section 11-36-501 is amended to read:
3031 11-36-501. Private entity assessment of impact fees -- Notice and hearing -- Audit.
3032 (1) A private entity may only impose a charge for public facilities as a condition of

3033 development approval by imposing an impact fee. A private entity shall comply with the
3034 requirements of this chapter before imposing an impact fee.
3035 (2) Except as otherwise specified in this chapter, a private entity is subject to the same
3036 requirements of this chapter as a local political subdivision.
3037 (3) Where notice and hearing requirements are specified, a private entity shall comply
3038 with the notice and hearing requirements for [special] local districts.
3039 (4) A private entity that assesses an impact fee under this chapter is subject to the audit
3040 requirements of Title 51, Chapter 2a, Accounting Reports from Political Subdivisions,
3041 Interlocal Organizations, and Other Local Entities Act.
3042 Section 33. Section 11-39-101 is amended to read:
3043 11-39-101. Definitions.
3044 As used in this chapter:
3045 (1) "Bid limit" means:
3046 (a) for a building improvement:
3047 (i) for the year 2003, $40,000; and
3048 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
3049 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
3050 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
3051 year; and
3052 (b) for a public works project:
3053 (i) for the year 2003, $125,000; and
3054 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
3055 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
3056 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
3057 year.
3058 (2) "Building improvement":
3059 (a) means the construction or repair of a public building or structure; and
3060 (b) does not include construction or repair at an international airport.
3061 (3) "Consumer Price Index" means the Consumer Price Index for All Urban
3062 Consumers as published by the Bureau of Labor Statistics of the United States Department of
3063 Labor.

3064 (4) "Design-build project":
3065 (a) means a building improvement or public works project costing over $250,000 with
3066 respect to which both the design and construction are provided for in a single contract with a
3067 contractor or combination of contractors capable of providing design-build services; and
3068 (b) does not include a building improvement or public works project:
3069 (i) that is undertaken by a local entity under contract with a construction manager that
3070 guarantees the contract price and is at risk for any amount over the contract price; and
3071 (ii) each component of which is competitively bid.
3072 (5) "Design-build services" means the engineering, architectural, and other services
3073 necessary to formulate and implement a design-build project, including its actual construction.
3074 (6) "Emergency repairs" means a building improvement or public works project
3075 undertaken on an expedited basis to:
3076 (a) eliminate an imminent risk of damage to or loss of public or private property;
3077 (b) remedy a condition that poses an immediate physical danger; or
3078 (c) reduce a substantial, imminent risk of interruption of an essential public service.
3079 [(7) "Independent special district" means an independent special district under Title
3080 17A, Chapter 2, Independent Special Districts, excluding a special service district under Title
3081 17A, Chapter 2, Part 13, Utah Special Service District Act.]
3082 (7) "Governing body" means:
3083 (a) for a county, city, or town, the legislative body of the county, city, or town;
3084 (b) for a local district, the board of trustees of the local district; and
3085 (c) for a special service district:
3086 (i) the legislative body of the county, city, or town that established the special service
3087 district, if no administrative control board has been appointed under Section 17A-2-1326 ; or
3088 (ii) the administrative control board of the special service district, if an administrative
3089 control board has been appointed under Section 17A-2-1326.
3090 (8) "Local district" has the same meaning as defined in Section [ 17B-2-101 ]
3091 17B-1-102 .
3092 (9) "Local entity" means a county, city, town, [special district, or] local district, or
3093 special service district.
3094 (10) "Lowest responsive responsible bidder" means a prime contractor who:

3095 (a) has submitted a bid in compliance with the invitation to bid and within the
3096 requirements of the plans and specifications for the building improvement or public works
3097 project;
3098 (b) is the lowest bidder that satisfies the local entity's criteria relating to financial
3099 strength, past performance, integrity, reliability, and other factors that the local entity uses to
3100 assess the ability of a bidder to perform fully and in good faith the contract requirements;
3101 (c) has furnished a bid bond or equivalent in money as a condition to the award of a
3102 prime contract; and
3103 (d) furnishes a payment and performance bond as required by law.
3104 (11) "Procurement code" means the provisions of Title 63, Chapter 56, Utah
3105 Procurement Code.
3106 (12) "Public works project":
3107 (a) means the construction of:
3108 (i) a park or recreational facility; or
3109 (ii) a pipeline, culvert, dam, canal, or other system for water, sewage, storm water, or
3110 flood control; and
3111 (b) does not include:
3112 (i) the replacement or repair of existing infrastructure on private property;
3113 (ii) construction commenced before June 1, 2003; and
3114 (iii) construction or repair at an international airport.
3115 [(13) "Special district" has the same meaning as defined in Section 17A-1-101 .]
3116 (13) "Special service district means a special service district under Title 17A, Chapter
3117 2, Part 13, Utah Special Service District Act.
3118 Section 34. Section 11-39-103 is amended to read:
3119 11-39-103. Requirements for undertaking a building improvement or public
3120 works project -- Request for bids -- Authority to reject bids.
3121 (1) If the estimated cost of the building improvement or public works project exceeds
3122 the bid limit, the local entity shall, if it determines to proceed with the building improvement or
3123 public works project:
3124 (a) request bids for completion of the building improvement or public works project
3125 by:

3126 (i) publishing notice at least twice in a newspaper published or of general circulation in
3127 the local entity at least five days before opening the bids; or
3128 (ii) if there is no newspaper published or of general circulation in the local entity,
3129 posting notice at least five days before opening the bids in at least five public places in the
3130 local entity and leaving the notice posted for at least three days; and
3131 (b) except as provided in Subsection (3), enter into a contract for the completion of the
3132 building improvement or public works project with:
3133 (i) the lowest responsive responsible bidder; or
3134 (ii) for a design-build project that the local entity began formulating before March 1,
3135 2004 and with respect to which a contract is entered into before September 1, 2004, a
3136 responsible bidder that:
3137 (A) offers design-build services; and
3138 (B) satisfies the local entity's criteria relating to financial strength, past performance,
3139 integrity, reliability, and other factors that the local entity uses to assess the ability of a bidder
3140 to perform fully and in good faith the contract requirements for a design-build project.
3141 (2) (a) Each notice under Subsection (1)(a) shall indicate that the local entity may reject
3142 any or all bids submitted.
3143 (b) (i) The cost of a building improvement or public works project may not be divided
3144 to avoid:
3145 (A) exceeding the bid limit; and
3146 (B) subjecting the local entity to the requirements of this section.
3147 (ii) Notwithstanding Subsection (2)(b)(i), a local entity may divide the cost of a
3148 building improvement or public works project that would, without dividing, exceed the bid
3149 limit if the local entity complies with the requirements of this section with respect to each part
3150 of the building improvement or public works project that results from dividing the cost.
3151 (3) (a) The local entity may reject any or all bids submitted.
3152 (b) If the local entity rejects all bids submitted but still intends to undertake the
3153 building improvement or public works project, the local entity shall again request bids by
3154 following the procedure provided in Subsection (1)(a).
3155 (c) If, after twice requesting bids by following the procedure provided in Subsection
3156 (1)(a), the local entity determines that no satisfactory bid has been submitted, the [legislative]

3157 governing body may undertake the building improvement or public works project as it
3158 considers appropriate.
3159 Section 35. Section 11-39-107 is amended to read:
3160 11-39-107. Procurement code.
3161 (1) This chapter may not be construed to:
3162 (a) prohibit a county legislative body from adopting the procedures of the procurement
3163 code; or
3164 (b) limit the application of the procurement code to a [special district or] local district
3165 or special service district.
3166 (2) (a) In seeking bids and awarding a contract for a building improvement or public
3167 works project, a county legislative body may elect to follow the provisions of the procurement
3168 code, as the county legislative body considers appropriate under the circumstances, for
3169 specification preparation, source selection, or contract formation.
3170 (b) A county legislative body's election to adopt the procedures of the procurement
3171 code may not excuse the county from complying with the requirements to award a contract for
3172 work in excess of the bid limit and to publish notice of the intent to award.
3173 (c) An election under Subsection (2)(a) may be made on a case-by-case basis, unless
3174 the county has previously adopted the procurement code as permitted by Subsection
3175 63-56-102 (3)(e).
3176 (d) The county legislative body shall:
3177 (i) make each election under Subsection (2)(a) in an open meeting; and
3178 (ii) specify in its action the portions of the procurement code to be followed.
3179 (3) If the estimated cost of the building improvement or public works project proposed
3180 by a [special district or] local district or special service district exceeds the bid limit, the
3181 [legislative] governing body of the [special district or] local district or special service district
3182 may, if it determines to proceed with the building improvement or public works project, use the
3183 competitive procurement procedures of the procurement code in place of the comparable
3184 provisions of this chapter.
3185 Section 36. Section 11-40-101 is amended to read:
3186 11-40-101. Definitions.
3187 As used in this chapter:

3188 (1) "Applicant" means a person who seeks employment with a public water utility,
3189 either as an employee or as an independent contractor, and who, after employment, would, in
3190 the judgment of the public water utility, be in a position to affect the safety or security of the
3191 publicly owned treatment works or public water system or to affect the safety or well-being of
3192 patrons of the public water utility.
3193 (2) "Division" means the Criminal Investigation and Technical Services Division of the
3194 Department of Public Safety, established in Section 53-10-103 .
3195 (3) "Independent contractor":
3196 (a) means an engineer, contractor, consultant, or supplier who designs, constructs,
3197 operates, maintains, repairs, replaces, or provides water treatment or conveyance facilities or
3198 equipment, or related control or security facilities or equipment, to the public water utility; and
3199 (b) includes the employees and agents of the engineer, contractor, consultant, or
3200 supplier.
3201 (4) "Person seeking access" means a person who seeks access to a public water utility's
3202 public water system or publicly owned treatment works and who, after obtaining access, would,
3203 in the judgment of the public water utility, be in a position to affect the safety or security of the
3204 publicly owned treatment works or public water system or to affect the safety or well-being of
3205 patrons of the public water utility.
3206 (5) " Publicly owned treatment works" has the same meaning as defined in Section
3207 19-5-102 .
3208 (6) "Public water system" has the same meaning as defined in Section 19-4-102 .
3209 (7) "Public water utility" means a county, city, town, [independent special district
3210 under Title 17A, Chapter 2, Independent Special Districts,] local district under Title 17B,
3211 Chapter [2,] 1, Provisions Applicable to All Local Districts, special service district under Title
3212 17A, Chapter 2, Part 13, Utah Special Service District Act, or other political subdivision of the
3213 state that operates publicly owned treatment works or a public water system.
3214 Section 37. Section 11-42-101 is enacted to read:
3215 CHAPTER 42. ASSESSMENT AREA ACT
3216 Part 1. General Provisions
3217 11-42-101. Title.
3218 This chapter is known as the "Assessment Area Act."

3219 Section 38. Section 11-42-102 is enacted to read:
3220 11-42-102. Definitions.
3221 (1) "Adequate protests" means timely filed, written protests under Section 11-42-203
3222 that represent at least 50% of the frontage, area, taxable value, fair market value, lots, number
3223 of connections, or equivalent residential units of the property proposed to be assessed,
3224 according to the same assessment method by which the assessment is proposed to be levied,
3225 after eliminating:
3226 (a) protests relating to:
3227 (i) property that has been deleted from a proposed assessment area; or
3228 (ii) an improvement that has been deleted from the proposed improvements to be
3229 provided to property within the proposed assessment area; and
3230 (b) protests that have been withdrawn under Subsection 11-42-203 (3).
3231 (2) "Assessment area" means an area, or, if more than one area is designated, the
3232 aggregate of all areas within a local entity's jurisdictional boundaries that is designated by a
3233 local entity under Part 2, Designating an Assessment Area, for the purpose of financing the
3234 costs of improvements, operation and maintenance, or economic promotion activities that
3235 benefit property within the area.
3236 (3) "Assessment bonds" means bonds that are:
3237 (a) issued under Section 11-42-605 ; and
3238 (b) payable in part or in whole from assessments levied in an assessment area,
3239 improvement revenues, and a guaranty fund or reserve fund.
3240 (4) "Assessment fund" means a special fund that a local entity establishes under
3241 Section 11-42-412 .
3242 (5) "Assessment lien" means a lien on property within an assessment area that arises
3243 from the levy of an assessment, as provided in Section 11-42-501 .
3244 (6) "Assessment method" means the method by which an assessment is levied against
3245 property, whether by frontage, area, taxable value, fair market value, lot, number of
3246 connections, equivalent residential unit, or any combination of these methods.
3247 (7) "Assessment ordinance" means an ordinance adopted by a local entity under
3248 Section 11-42-404 that levies an assessment on benefitted property within an assessment area.
3249 (8) "Assessment resolution" means a resolution adopted by a local entity under Section

3250 11-42-404 that levies an assessment on benefitted property within an assessment area.
3251 (9) "Benefitted property" means property within an assessment area that benefits from
3252 improvements, operation and maintenance, or economic promotion activities.
3253 (10) "Bond anticipation notes" means notes issued under Section 11-42-602 in
3254 anticipation of the issuance of assessment bonds.
3255 (11) "Bonds" means assessment bonds and refunding assessment bonds.
3256 (12) "Commercial area" means an area in which at least 75% of the property is devoted
3257 to the interchange of goods or commodities.
3258 (13) "Connection fee" means a fee charged by a local entity to pay for the costs of
3259 connecting property to a publicly owned sewer, water, gas, telecommunications, or electrical
3260 system, whether or not improvements are installed on the property.
3261 (14) "Contract price" means:
3262 (a) the cost of acquiring an improvement, if the improvement is acquired; or
3263 (b) the amount payable to one or more contractors for the design, engineering,
3264 inspection, and construction of an improvement.
3265 (15) "Designation ordinance" means an ordinance adopted by a local entity under
3266 Section 11-42-206 designating an assessment area.
3267 (16) "Designation resolution" means a resolution adopted by a local entity under
3268 Section 11-42-206 designating an assessment area.
3269 (17) "Economic promotion activities" means activities that promote economic growth
3270 in a commercial area of a local entity, including:
3271 (a) sponsoring festivals and markets;
3272 (b) promoting business investment;
3273 (c) helping to coordinate public and private actions; and
3274 (d) developing and issuing publications designed to improve the economic well-being
3275 of the commercial area.
3276 (18) "Equivalent residential unit" means a dwelling, unit, or development that is equal
3277 to a single-family residence in terms of the nature of its use or impact on an improvement to be
3278 provided in the assessment area.
3279 (19) "Governing body" means:
3280 (a) for a county, city, or town, the legislative body of the county, city, or town;

3281 (b) for a local district, the board of trustees of the local district; and
3282 (c) for a special service district:
3283 (i) the legislative body of the county, city, or town that established the special service
3284 district, if no administrative control board has been appointed under Section 17A-2-1326 ; or
3285 (ii) the administrative control board of the special service district, if an administrative
3286 control board has been appointed under Section 17A-2-1326 .
3287 (20) "Guaranty fund" means the fund established by a local entity under Section
3288 11-42-701 .
3289 (21) "Improved property" means property proposed to be assessed within an
3290 assessment area upon which a residential, commercial, or other building has been built.
3291 (22) "Improvement" means any publicly owned infrastructure, system, or other facility
3292 that:
3293 (a) a local entity is authorized to provide; or
3294 (b) the governing body of a local entity determines is necessary or convenient to enable
3295 the local entity to provide a service that the local entity is authorized to provide.
3296 (23) "Improvement revenues":
3297 (a) means charges, fees, impact fees, or other revenues that a local entity receives from
3298 improvements; and
3299 (b) does not include revenue from assessments.
3300 (24) "Incidental refunding costs" means any costs of issuing refunding assessment
3301 bonds and calling, retiring, or paying prior bonds, including:
3302 (a) legal and accounting fees;
3303 (b) charges of fiscal agents, escrow agents, and trustees;
3304 (c) underwriting discount costs, printing costs, the costs of giving notice;
3305 (d) any premium necessary in the calling or retiring of prior bonds;
3306 (e) fees to be paid to the local entity to issue the refunding assessment bonds and to
3307 refund the outstanding prior bonds;
3308 (f) any other costs that the governing body determines are necessary or desirable to
3309 incur in connection with the issuance of refunding assessment bonds; and
3310 (g) any interest on the prior bonds that is required to be paid in connection with the
3311 issuance of the refunding assessment bonds.

3312 (25) "Installment payment date" means the date on which an installment payment of an
3313 assessment is payable.
3314 (26) "Interim warrant" means a warrant issued by a local entity under Section
3315 11-42-601 .
3316 (27) "Jurisdictional boundaries" means:
3317 (a) for a county, the boundaries of the unincorporated area of the county; and
3318 (b) for each other local entity, the boundaries of the local entity.
3319 (28) "Local district" means a local district under Title 17B, Limited Purpose Local
3320 Government Entities - Local Districts.
3321 (29) "Local entity" means a county, city, town, special service district, or local district.
3322 (30) "Local entity obligations" means assessment bonds, refunding assessment bonds,
3323 interim warrants, and bond anticipation notes issued by a local entity.
3324 (31) "Mailing address" means:
3325 (a) a property owner's last-known address using the name and address appearing on the
3326 last completed real property assessment roll of the county in which the property is located; S. [ or ]
3326a and .S
3327 (b) if the property is improved property:
3328 (i) the property's street number; or
3329 (ii) the post office box, rural route number, or other mailing address of the property, if
3330 a street number has not been assigned.
3331 (32) "Net improvement revenues" means all improvement revenues that a local entity
3332 has received since the last installment payment date, less all amounts payable by the local entity
3333 from those improvement revenues for operation and maintenance costs.
3334 (33) "Operation and maintenance costs" means the costs that a local entity incurs in
3335 operating and maintaining improvements in an assessment area, including service charges,
3336 administrative costs, ongoing maintenance charges, and tariffs or other charges for electrical,
3337 water, gas, or other utility usage.
3338 (34) "Optional facilities":
3339 (a) means facilities in an assessment area that:
3340 (i) can be conveniently installed at the same time as improvements in the assessment
3341 area; and
3342 (ii) are requested by a property owner on whose property or for whose benefit the

3343 improvements are being installed; and
3344 (b) includes private driveways, irrigation ditches, and water turnouts.
3345 (35) "Overhead costs" means the actual costs incurred or the estimated costs to be
3346 incurred by a local entity in connection with an assessment area for appraisals, legal fees, filing
3347 fees, financial advisory charges, underwriting fees, placement fees, escrow, trustee, and paying
3348 agent fees, publishing and mailing costs, costs of levying an assessment, recording costs, and
3349 all other incidental costs.
3350 (36) "Prior bonds" means the assessment bonds that are refunded in part or in whole by
3351 refunding assessment bonds.
3352 (37) "Prior assessment ordinance" means the ordinance levying the assessments from
3353 which the prior bonds are payable.
3354 (38) "Prior assessment resolution" means the resolution levying the assessments from
3355 which the prior bonds are payable.
3356 (39) "Project engineer" means the surveyor or engineer employed by or private
3357 consulting engineer engaged by a local entity to perform the necessary engineering services for
3358 and to supervise the construction or installation of the improvements.
3359 (40) "Property" includes real property and any interest in real property, including water
3360 rights, leasehold rights, and personal property related to the property.
3361 (41) "Property price" means the price at which a local entity purchases or acquires by
3362 eminent domain property to make improvements in an assessment area.
3363 (42) "Provide" or '"providing," with reference to an improvement, includes the
3364 acquisition, construction, reconstruction, renovation, maintenance, repair, operation, and
3365 expansion of an improvement.
3366 (43) "Public agency" means:
3367 (a) the state or any agency, department, or division of the state; and
3368 (b) a political subdivision of the state.
3369 (44) "Reduced payment obligation" means the full obligation of an owner of property
3370 within an assessment area to pay an assessment levied on the property after the assessment has
3371 been reduced because of the issuance of refunding assessment bonds, as provided in Section
3372 11-42-608 .
3373 (45) "Refunding assessment bonds" means assessment bonds that a local entity issues

3374 under Section 11-42-607 to refund, in part or in whole, assessment bonds.
3375 (46) "Reserve fund" means a fund established by a local entity under Section
3376 11-42-702 .
3377 (47) "Service" means water, sewer, garbage collection, library, recreation, or electric
3378 service, economic promotion activities, or any other service that a local entity is required or
3379 authorized to provide.
3380 (48) "Special service district" means a special service district under Title 17A, Chapter
3381 2, Part 13, Utah Special Service District Act.
3382 (49) "Unimproved property" means property upon which no residential, commercial, or
3383 other building has been built.
3384 (50) "Voluntary assessment area" means an assessment area that contains only property
3385 whose owners have voluntarily consented to an assessment.
3386 Section 39. Section 11-42-103 is enacted to read:
3387 11-42-103. Limit on effect of this chapter.
3388 Nothing in this chapter may be construed to authorize a local entity to provide an
3389 improvement or service that the local entity is not otherwise authorized to provide.
3390 Section 40. Section 11-42-104 is enacted to read:
3391 11-42-104. Waiver by property owners -- Requirements.
3392 (1) The owners of property to be assessed within an assessment area may waive:
3393 (a) the prepayment period under Subsection 11-42-411 (6);
3394 (b) a procedure that a local entity is required to follow to:
3395 (i) designate an assessment area; or
3396 (ii) levy an assessment; or
3397 (c) a period to contest a local entity action.
3398 (2) Each waiver under this section shall:
3399 (a) be in writing;
3400 (b) be signed by all the owners of property to be assessed within the assessment area;
3401 (c) describe the prepayment period, procedure, or contest period being waived;
3402 (d) state that the owners waive the prepayment period, procedure, or contest period;
3403 and
3404 (e) state that the owners consent to the local entity taking the required action to waive

3405 the prepayment period, procedure, or contest period.
3406 Section 41. Section 11-42-105 is enacted to read:
3407 11-42-105. This chapter does not limit other local entity powers -- Resolution of a
3408 conflict with other statutory provisions.
3409 (1) This chapter may not be construed to limit a power that a local entity has under
3410 other applicable law to:
3411 (a) make an improvement or provide a service;
3412 (b) create a district;
3413 (c) levy an assessment or tax; or
3414 (d) issue bonds or refunding bonds.
3415 (2) If there is a conflict between a provision of this chapter and any other statutory
3416 provision, the provision of this chapter governs.
3417 Section 42. Section 11-42-106 is enacted to read:
3418 11-42-106. Action to contest assessment or proceeding -- Requirements --
3419 Exclusive remedy -- Bond incontestable.
3420 (1) A person who contests an assessment or any proceeding to designate an assessment
3421 area or levy an assessment may commence a civil action against the local entity to set aside a
3422 proceeding or enjoin the levy or collection of an assessment.
3423 (2) (a) Each action under Subsection (1) shall be commenced in the district court with
3424 jurisdiction in the county in which the assessment area is located.
3425 (b) An action under Subsection (1) may not be commenced against and a summons
3426 relating to the action may not be served on the local entity more than 30 days after the effective
3427 date of the assessment resolution or ordinance or, in the case of an amendment, the amended
3428 resolution or ordinance.
3429 (3) (a) An action under this section is the exclusive remedy of a person who claims an
3430 error or irregularity in an assessment or in any proceeding to designate an assessment area or
3431 levy an assessment.
3432 (b) A court may not hear any complaint that a person was authorized to make but did
3433 not make in a protest under Section 11-42-203 or at a hearing under Section 11-42-204 .
3434 (4) An assessment or a proceeding to designate an assessment area or to levy an
3435 assessment may not be declared invalid or set aside in part or in whole because of an error or

3436 irregularity that does not go to the equity or justice of the assessment or proceeding.
3437 (5) After the expiration of the 30-day period referred to in Subsection (2)(b):
3438 (a) assessment bonds and refunding assessment bonds issued or to be issued with
3439 respect to an assessment area and assessments levied on property in the assessment area
3440 become at that time incontestable against all persons who have not commenced an action and
3441 served a summons as provided in this section; and
3442 (b) a suit to enjoin the issuance or payment of assessment bonds or refunding
3443 assessment bonds, the levy, collection, or enforcement of an assessment, or to attack or
3444 question in any way the legality of assessment bonds, refunding assessment bonds, or an
3445 assessment may not be commenced, and a court may not inquire into those matters.
3446 Section 43. Section 11-42-107 is enacted to read:
3447 11-42-107. Accepting donation or contribution.
3448 A local entity may accept any donation or contribution from any source for the payment
3449 or the making of an improvement in an assessment area.
3450 Section 44. Section 11-42-108 is enacted to read:
3451 11-42-108. Utility connections before paving or repaving is done -- Failure to
3452 make connection.
3453 (1) The governing body may require:
3454 (a) that before paving or repaving is done within an assessment area, all water, gas,
3455 sewer, and underground electric and telecommunications connections be made under the
3456 regulations and at the distances from the street mains to the line of the property abutting on the
3457 street to be paved or repaved that the local entity prescribes by resolution or ordinance; and
3458 (b) the water company owning the water pipe main, the gas company owning the gas
3459 pipe main, and the electric or telecommunications company owning the underground electric or
3460 telecommunications facilities to make the connections.
3461 (2) Upon the failure of a water company, gas company, or electric or
3462 telecommunications company to make a required connection:
3463 (a) the local entity may cause the connection to be made; and
3464 (b) (i) the cost that the local entity incurs in making the connection shall be deducted
3465 from the amount of any debt the local entity owes to the company; and
3466 (ii) the local entity may not pay a bill from the company until all the cost has been

3467 offset as provided in Subsection (2)(b)(i).
3468 Section 45. Section 11-42-109 is enacted to read:
3469 11-42-109. Severability.
3470 A court's invalidation of any provision of this chapter may not be considered to affect
3471 the validity of any other provision of this chapter.
3472 Section 46. Section 11-42-201 is enacted to read:
3473 Part 2. Designating an Assessment Area
3474 11-42-201. Resolution or ordinance designating an assessment area -- Zones
3475 within an assessment area -- Preconditions to adoption of a resolution or ordinance.
3476 (1) (a) Subject to the requirements of this part, a local entity intending to levy an
3477 assessment on property to pay some or all of the cost of providing improvements benefitting
3478 the property, performing operation and maintenance benefitting the property, or conducting
3479 economic promotion activities benefitting the property may adopt a resolution or ordinance
3480 designating an assessment area.
3481 (b) A designation resolution or ordinance may divide the assessment area into zones to
3482 allow the governing body to levy a different level of assessment or to use a different
3483 assessment method in each zone to reflect more fairly the benefits that property within the
3484 different zones is expected to receive because of the proposed improvement, operation and
3485 maintenance, or economic promotion activities.
3486 (c) The boundaries of a proposed assessment area may include property that is not
3487 intended to be assessed.
3488 (2) Before adopting a designation resolution or ordinance, the governing body of the
3489 local entity shall:
3490 (a) give notice as provided in Section 11-42-202 ;
3491 (b) receive and consider all protests filed under Section 11-42-203 ; and
3492 (c) hold a public hearing as provided in Section 11-42-204 .
3493 Section 47. Section 11-42-202 is enacted to read:
3494 11-42-202. Notice of a proposed assessment area designation.
3495 (1) Each notice required under Subsection 11-42-201 (2)(a) shall:
3496 (a) state that the local entity proposes to:
3497 (i) designate one or more areas within the local entity's jurisdictional boundaries as an

3498 assessment area;
3499 (ii) provide an improvement to property within the proposed assessment area; and
3500 (iii) finance some or all of the cost of improvements by an assessment on benefitted
3501 property within the assessment area;
3502 (b) describe the proposed assessment area by any reasonable method that allows an
3503 owner of property in the proposed assessment area to determine that the owner's property is
3504 within the proposed assessment area;
3505 (c) describe, in a general way, the improvements to be provided to the assessment area,
3506 including:
3507 (i) the general nature of the improvements; and
3508 (ii) the general location of the improvements, by reference to streets or portions or
3509 extensions of streets or by any other means that the governing body chooses that reasonably
3510 describes the general location of the improvements;
3511 (d) a statement of the estimated cost of the improvements as determined by a project
3512 engineer;
3513 (e) a statement that the local entity proposes to levy an assessment on benefitted
3514 property within the assessment area to pay some or all of the cost of the improvements
3515 according to the estimated direct and indirect benefits to the property from the improvements;
3516 (f) a statement of the assessment method by which the assessment is proposed to be
3517 levied;
3518 (g) a statement of the time within which and the location at which protests against
3519 designation of the proposed assessment area or of the proposed improvements are required to
3520 be filed and the method by which the number of protests required to defeat the designation of
3521 the proposed assessment area or acquisition or construction of the proposed improvements are
3522 to be determined;
3523 (h) state the date, time, and place of the public hearing under Section 11-42-204 ;
3524 (i) if the governing body elects to create and fund a reserve fund under Section
3525 11-42-702 , a description of how the reserve fund will be funded and replenished and how
3526 remaining money in the reserve fund is to be disbursed upon full payment of the bonds;
3527 (j) if the governing body intends to designate a voluntary assessment area, a property
3528 owner consent form that:

3529 (i) estimates the total assessment to be levied against the particular parcel of property;
3530 (ii) describes any additional benefits that the governing body expects the assessed
3531 property to receive from the improvements; and
3532 (iii) designates the date and time by which the fully executed consent form is required
3533 to be submitted to the governing body;
3534 (k) if the local entity intends to levy an assessment to pay operation and maintenance
3535 costs or for economic promotion activities:
3536 (i) a description of the operation and maintenance costs or economic promotion
3537 activities to be paid by assessments and the initial estimated annual assessment to be levied;
3538 (ii) a description of how the estimated assessment will be determined;
3539 (iii) a description of how and when the governing body will adjust the assessment to
3540 reflect current operation and maintenance costs or the costs of current economic promotion
3541 activities;
3542 (iv) a description of the method of assessment if different from the method of
3543 assessment to be used for financing any improvement; and
3544 (v) a statement of the maximum number of years over which the assessment for
3545 operation and maintenance or economic promotion activities will be levied; and
3546 (l) if the governing body intends to divide the proposed assessment area into zones
3547 under Subsection 11-42-201 (1)(b), a description of the proposed zones.
3548 (2) A notice required under Subsection 11-42-201 (2)(a) may contain other information
3549 that the governing body considers to be appropriate, including:
3550 (a) the amount or proportion of the cost of the improvement to be paid by the local
3551 entity or from sources other than an assessment;
3552 (b) the estimated amount of each type of assessment for the various improvements to
3553 be financed according to the method of assessment that the governing body chooses; and
3554 (c) provisions for any optional improvements.
3555 (3) Each notice required under Subsection 11-42-201 (2)(a) shall:
3556 (a) (i) be published in a newspaper of general circulation within the local entity's
3557 jurisdictional boundaries, once a week for four consecutive weeks, with the last publication at
3558 least five but not more than 20 days before the deadline under Section 11-42-203 for filing
3559 protests; or

3560 (ii) if there is no newspaper of general circulation within the local entity's jurisdictional
3561 boundaries, be posted in at least three public places within the local entity's jurisdictional
3562 boundaries at least 20 but not more than 35 days before the deadline under Section 11-42-203
3563 for filing protests; and
3564 (b) be mailed, postage prepaid, within ten days after the first publication or posting of
3565 the notice under Subsection (3)(a) to each owner of property to be assessed within the proposed
3566 assessment area at the property owner's mailing address.
3567 Section 48. Section 11-42-203 is enacted to read:
3568 11-42-203. Protests.
3569 (1) An owner of property that is proposed to be included within an assessment area
3570 may, within the time specified in the notice under Section 11-42-202 , file a written protest
3571 against:
3572 (a) the designation of the assessment area;
3573 (b) the inclusion of the owner's property in the proposed assessment area;
3574 (c) the proposed improvements to be acquired or constructed; or
3575 (d) any other aspect of the proposed designation of an assessment area.
3576 (2) Each protest under Subsection (1)(a) shall describe or otherwise identify the
3577 property owned by the person filing the protest.
3578 (3) An owner may withdraw a protest at any time before the conclusion of the hearing
3579 under Section 11-42-204 by filing a written withdrawal with the governing body.
3580 (4) If the governing body intends to assess property within the proposed assessment
3581 area by type of improvement or by zone, the governing body shall, in determining whether
3582 adequate protests have been filed, aggregate the protests by the type of improvement or by
3583 zone.
3584 (5) The failure of an owner of property within the proposed assessment area to file a
3585 timely written protest constitutes a waiver of any objection to:
3586 (a) the designation of the assessment area;
3587 (b) any improvement to be provided to property within the assessment area; and
3588 (c) the inclusion of the owner's property within the assessment area.
3589 Section 49. Section 11-42-204 is enacted to read:
3590 11-42-204. Hearing.

3591 (1) On the date and at the time and place specified in the notice under Section
3592 11-42-202 , the governing body shall hold a public hearing.
3593 (2) The governing body may continue the public hearing from time to time to a fixed
3594 future date and time.
3595 (3) At the public hearing, the governing body shall:
3596 (a) hear all objections to the designation of the proposed assessment area or the
3597 improvements proposed to be provided in the assessment area;
3598 (b) hear all persons desiring to be heard; and
3599 (c) consider all protests filed under Section 11-42-203 .
3600 (4) The governing body may make changes in:
3601 (a) improvements proposed to be provided to the proposed assessment area; or
3602 (b) the area or areas proposed to be included within the proposed assessment area.
3603 Section 50. Section 11-42-205 is enacted to read:
3604 11-42-205. Unimproved property.
3605 (1) A local entity may not designate an assessment area in which more than 75% of the
3606 property proposed to be assessed consists of unimproved property unless the local entity:
3607 (a) has obtained an appraisal of the unimproved property from an appraiser who is a
3608 member of the Appraisal Institute, verifying that the market value of the property, after
3609 completion of the proposed improvements, is at least three times the amount of the assessment
3610 proposed to be levied against the unimproved property;
3611 (b) has obtained from each owner of unimproved property:
3612 (i) financial information acceptable to the governing body demonstrating the owner's
3613 ability to pay the proposed assessment; or
3614 (ii) a financial institution's commitment securing, to the governing body's satisfaction,
3615 the owner's obligation to pay the proposed assessment; and
3616 (c) has prepared a development plan, approved by a qualified, independent third party,
3617 describing the plan of development and the financial feasibility of the plan, taking into account
3618 growth trends, absorption studies, and other demographic information applicable to the
3619 unimproved property.
3620 (2) Information that an owner provides to a local entity under Subsection (1)(b)(i) is
3621 not a record for purposes of Title 63, Chapter 2, Government Records Access and Management

3622 Act.
3623 Section 51. Section 11-42-206 is enacted to read:
3624 11-42-206. Adoption of a resolution or ordinance regarding a proposed
3625 assessment area -- Designation of an assessment area may not occur if adequate protests
3626 filed -- Recording of resolution or ordinance and notice of proposed assessment.
3627 (1) After holding a public hearing under Section 11-42-204 and considering protests
3628 filed under Section 11-42-203 , and subject to Subsection (3), the governing body shall adopt a
3629 resolution or ordinance:
3630 (a) abandoning the proposal to designate an assessment area; or
3631 (b) designating an assessment area as described in the notice under Section 11-42-202
3632 or with the changes made as authorized under Subsection 11-42-204 (4).
3633 (2) If the notice under Section 11-42-202 indicates that the proposed assessment area is
3634 a voluntary assessment area, the governing body shall:
3635 (a) delete from the proposed assessment area all property whose owners have not
3636 submitted an executed consent form consenting to inclusion of the owner's property in the
3637 proposed assessment area; and
3638 (b) determine whether to designate a voluntary assessment area, after considering:
3639 (i) the amount of the proposed assessment to be levied on the property within the
3640 voluntary assessment area; and
3641 (ii) the benefits that property within the voluntary assessment area will receive from
3642 improvements proposed to be financed by assessments on the property.
3643 (3) If adequate protests have been filed, the governing body may not designate an
3644 assessment area as described in the notice under Section 11-42-202 .
3645 (4) (a) If the governing body adopts a designation resolution or ordinance designating
3646 an assessment area, the governing body shall, within 15 days after adopting the designation
3647 resolution or ordinance:
3648 (i) record the original or certified copy of the designation resolution or ordinance in the
3649 office of the recorder of the county in which property within the assessment area is located; and
3650 (ii) file with the recorder of the county in which property within the assessment area is
3651 located a notice of proposed assessment that:
3652 (A) states that the local entity has designated an assessment area; and

3653 (B) lists, by legal description and tax identification number, the property proposed to
3654 be assessed.
3655 (b) A governing body's failure to comply with the requirements of Subsection (4)(a)
3656 does not invalidate the designation of an assessment area.
3657 (5) After the adoption of a designation resolution or ordinance under Subsection (1)(b),
3658 the local entity may begin providing the specified improvements.
3659 Section 52. Section 11-42-207 is enacted to read:
3660 11-42-207. Adding property to an assessment area.
3661 (1) A local entity may add to a designated assessment area property to be benefitted
3662 and assessed if:
3663 (a) construction of the improvements in the assessment area has not been completed;
3664 and
3665 (b) the governing body:
3666 (i) finds that the inclusion of the property will not adversely affect the owners of
3667 property already in the assessment area;
3668 (ii) obtains from each owner of property to be added and benefitted a written consent
3669 that contains:
3670 (A) the owner's consent to:
3671 (I) the owner's property being added to the assessment area; and
3672 (II) the making of the proposed improvements with respect to the owner's property;
3673 (B) the legal description and tax identification number of the property to be added; and
3674 (C) the owner's waiver of any right to protest the creation of the assessment area;
3675 (iii) amends the designation resolution or ordinance to include the added property; and
3676 (iv) within 15 days after amending the designation resolution or ordinance:
3677 (A) records in the office of the recorder of the county in which the added property is
3678 located the original or certified copy of the amended designation resolution or ordinance
3679 containing the legal description and tax identification number of each additional parcel of
3680 property added to the assessment area and proposed to be assessed; and
3681 (B) gives written notice to the property owner of the inclusion of the owner's property
3682 in the assessment area.
3683 (2) The failure of a local entity's governing body to comply with the requirement of

3684 Subsection (1)(b)(iv) does not affect the validity of the amended designation resolution or
3685 ordinance.
3686 (3) Except as provided in this section, a local entity may not add to an assessment area
3687 land not included in a notice under Section 11-42-202 , or provide for making improvements
3688 that are not stated in the notice, unless the local entity gives notice as provided in Section
3689 11-42-202 and holds a hearing as required under Section 11-42-204 as to the added land or
3690 additional improvements.
3691 Section 53. Section 11-42-208 is enacted to read:
3692 11-42-208. Recording notice of deletion if property is deleted from an assessment
3693 area.
3694 If, after adoption of a designation resolution or ordinance under Section 11-42-206, a
3695 local entity deletes property from the assessment area, the local entity shall record a notice of
3696 deletion in a form that includes the legal description and tax identification number of the
3697 property and otherwise complies with applicable recording statutes.
3698 Section 54. Section 11-42-301 is enacted to read:
3699 Part 3. Contracts for Improvements
3700 11-42-301. Improvements made only under contract let to lowest responsible
3701 bidder -- Publishing notice -- Sealed bids -- Procedure -- Exceptions to contract
3702 requirement.
3703 (1) Except as otherwise provided in this section, a local entity may make improvements
3704 in an assessment area only under contract let to the lowest responsive, responsible bidder for
3705 the kind of service, material, or form of construction that the local entity's governing body
3706 determines in compliance with any applicable local entity ordinances.
3707 (2) A local entity may:
3708 (a) divide improvements into parts;
3709 (b) (i) let separate contracts for each part; or
3710 (ii) combine multiple parts into the same contract; and
3711 (c) let a contract on a unit basis.
3712 (3) (a) A local entity may not let a contract until after publishing notice as provided in
3713 Subsection (3)(b) at least one time in a newspaper of general circulation within the boundaries
3714 of the local entity at least 15 days before the date specified for receipt of bids.

3715 (b) Each notice under Subsection (3)(a) shall notify contractors that the local entity will
3716 receive sealed bids at a specified time and place for the construction of the improvements.
3717 (c) Notwithstanding a local entity's failure, through inadvertence or oversight, to
3718 publish the notice or to publish the notice within 15 days before the date specified for receipt of
3719 bids, the governing body may proceed to let a contract for the improvements if the local entity
3720 receives at least three sealed and bona fide bids from contractors by the time specified for the
3721 receipt of bids.
3722 (d) A local entity may publish a notice required under this Subsection (3) at the same
3723 time as a notice under Section 11-42-202 .
3724 (4) (a) A local entity may accept as a sealed bid a bid that is:
3725 (i) manually sealed and submitted; or
3726 (ii) electronically sealed and submitted.
3727 (b) The governing body or project engineer shall, at the time specified in the notice
3728 under Subsection (3), open and examine the bids.
3729 (c) In open session, the governing body:
3730 (i) shall declare the bids; and
3731 (ii) may reject any or all bids if the governing body considers the rejection to be for the
3732 public good.
3733 (d) The local entity may award the contract to the lowest responsive, responsible bidder
3734 even if the price bid by that bidder exceeds the estimated costs as determined by the project
3735 engineer.
3736 (e) A local entity may in any case:
3737 (i) refuse to award a contract;
3738 (ii) obtain new bids after giving a new notice under Subsection (3);
3739 (iii) determine to abandon the assessment area; or
3740 (iv) not make some of the improvements proposed to be made.
3741 (5) A local entity is not required to let a contract as provided in this section for:
3742 (a) an improvement or part of an improvement the cost of which or the making of
3743 which is donated or contributed;
3744 (b) an improvement that consists of furnishing utility service or maintaining
3745 improvements;

3746 (c) labor, materials, or equipment supplied by the local entity;
3747 (d) the local entity's acquisition of completed or partially completed improvements in
3748 an assessment area;
3749 (e) design, engineering, and inspection costs incurred with respect to the construction
3750 of improvements in an assessment area; or
3751 (f) additional work performed in accordance with the terms of a contract duly let to the
3752 lowest responsible bidder.
3753 (6) A local entity may itself furnish utility service and maintain improvements within an
3754 assessment area.
3755 (7) (a) A local entity may acquire completed or partially completed improvements in an
3756 assessment area, but may not pay an amount for those improvements that exceeds their fair
3757 market value.
3758 (b) Upon the local entity's payment for completed or partially completed
3759 improvements, title to the improvements shall be conveyed to the local entity or another public
3760 agency.
3761 (8) The provisions of Title 11, Chapter 39, Building Improvements and Public Works
3762 Projects, and Section 72-6-108 do not apply to improvements to be constructed in an
3763 assessment area.
3764 Section 55. Section 11-42-302 is enacted to read:
3765 11-42-302. Contracts for work in an assessment area -- Sources of payment --
3766 Payments as work progresses.
3767 (1) A contract for work in an assessment area or for the purchase of property required
3768 to make an improvement in an assessment area may require the contract obligation to be paid
3769 from proceeds from the sale of assessment bonds, interim warrants, or bond anticipation notes.
3770 (2) (a) To the extent that a contract is not paid from the sources stated in Subsection
3771 (1), the local entity shall advance funds to pay the contract obligation from other legally
3772 available money, according to the requirements of the contract.
3773 (b) A local entity may reimburse itself for an amount paid from its general fund or
3774 other funds under Subsection (2)(a) from:
3775 (i) the proceeds from the sale of assessment bonds, interim warrants, or bond
3776 anticipation notes; or

3777 (ii) assessments or improvement revenues that are not pledged for the payment of
3778 assessment bonds, interim warrants, or bond anticipation notes.
3779 (c) A local entity may not reimburse itself for costs of making an improvement that are
3780 properly chargeable to the local entity or for which an assessment may not be levied.
3781 (3) (a) A contract for work in an assessment area may provide for payments to the
3782 contractor as the work progresses.
3783 (b) If a contract provides for periodic payments:
3784 (i) periodic payments may not exceed 90% of the value of the work done to the date of
3785 the payment, as determined by estimates of the project engineer; and
3786 (ii) a final payment may be made only after the contractor has completed the work and
3787 the local entity has accepted the work.
3788 (c) If a local entity retains money payable to a contractor as the work progresses, the
3789 local entity shall retain or withhold and release the money as provided in Section 13-8-5 .
3790 Section 56. Section 11-42-401 is enacted to read:
3791 Part 4. Assessments
3792 11-42-401. Levying an assessment.
3793 (1) A local entity may levy an assessment against property within an assessment area as
3794 provided in this part.
3795 (2) Before a governing body may adopt a resolution or ordinance levying an
3796 assessment against property within an assessment area:
3797 (a) the governing body shall:
3798 (i) subject to Subsection (3), prepare an assessment list designating:
3799 (A) each parcel of property proposed to be assessed; and
3800 (B) the amount of the assessment to be levied against the property;
3801 (ii) appoint a board of equalization as provided in Section 11-42-403 ; and
3802 (iii) give notice as provided in Section 11-42-402 ; and
3803 (b) the board of equalization, appointed under Section 11-42-403 , shall hold hearings,
3804 make any corrections to assessments it considers appropriate, and report its findings to the
3805 governing body as provided in Section 11-42-403 .
3806 (3) An assessment list under Subsection (2)(a)(i) may be prepared at any time after:
3807 (a) the estimated or actual operation and maintenance costs have been determined, if

3808 the assessment is to pay operation and maintenance costs;
3809 (b) the light service has commenced, if the assessment is to pay for light service;
3810 (c) the park maintenance has commenced, if the assessment is to pay for park
3811 maintenance;
3812 (d) adoption of a resolution or ordinance under Section 11-42-206 , if the assessment is
3813 to pay for economic promotion activities; or
3814 (e) for any other assessment, the governing body has determined:
3815 (i) the estimated or actual acquisition and construction costs of all proposed
3816 improvements within the assessment area, including overhead costs and authorized
3817 contingencies;
3818 (ii) the estimated or actual property price for all property to be acquired to provide the
3819 proposed improvements; and
3820 (iii) the reasonable cost of any work to be done by the local entity.
3821 (4) A local entity may levy an assessment for some or all of the cost of improvements
3822 within an assessment area, including payment of:
3823 (a) operation and maintenance costs of improvements constructed within the
3824 assessment area;
3825 (b) the actual cost that the local entity pays for utility services furnished or for
3826 maintenance of improvements provided by another or, if the local entity itself furnishes utility
3827 service or maintains improvements, for the reasonable cost of supplying the service or
3828 maintenance;
3829 (c) the reasonable cost of supplying labor, materials, or equipment in connection with
3830 improvements; and
3831 (d) the reasonable cost of connection fees or the cost of any sewer, water, gas, electric,
3832 or telecommunications connections if the local entity owns or supplies these services, to the
3833 depth that the local entity's governing body considers just and equitable.
3834 (5) A local entity may not levy an assessment for an amount donated or contributed for
3835 an improvement or part of an improvement.
3836 (6) The validity of an otherwise valid assessment is not affected because the actual cost
3837 of improvements exceeds the estimated cost.
3838 (7) An assessment levied to pay for operation and maintenance costs may not be levied

3839 over a period of time exceeding the reasonable useful life of the facilities to be maintained by
3840 the levy.
3841 Section 57. Section 11-42-402 is enacted to read:
3842 11-42-402. Notice of assessment and board of equalization hearing.
3843 Each notice required under Subsection 11-42-401 (2)(a)(iii) shall:
3844 (1) state:
3845 (a) that an assessment list is completed and available for examination at the offices of
3846 the local entity;
3847 (b) the total estimated or actual cost of the improvements;
3848 (c) the amount of the total estimated or actual cost of the proposed improvements to be
3849 paid by the local entity;
3850 (d) the amount of the assessment to be levied against benefitted property within the
3851 assessment area;
3852 (e) the assessment method used to calculate the proposed assessment;
3853 (f) the unit cost used to calculate the assessments shown on the assessment list, based
3854 on the assessment method used to calculate the proposed assessment; and
3855 (g) the dates, times, and place of the board of equalization hearings under Subsection
3856 11-42-401 (2)(b);
3857 (2) beginning at least 20 but not more than 35 days before the first hearing of the board
3858 of equalization:
3859 (a) be published at least once in a newspaper of general circulation within the local
3860 entity's jurisdictional boundaries; or
3861 (b) if there is no newspaper of general circulation within the local entity's jurisdictional
3862 boundaries, be posted in at least three public places within the local entity's jurisdictional
3863 boundaries; and
3864 (3) be mailed, postage prepaid, within ten days after the first publication or posting of
3865 the notice under Subsection (2) to each owner of property to be assessed within the proposed
3866 assessment area at the property owner's mailing address.
3867 Section 58. Section 11-42-403 is enacted to read:
3868 11-42-403. Board of equalization.
3869 (1) After preparing an assessment list under Subsection 11-42-401 (2)(a)(i), the

3870 governing body shall appoint a board of equalization.
3871 (2) Each board of equalization under this section shall, at the option of the governing
3872 body, consist of:
3873 (a) three or more members of the governing body;
3874 (b) (i) two members of the governing body; and
3875 (ii) (A) a representative of the treasurer's office of the local entity; or
3876 (B) a representative of the office of the local entity's engineer or the project engineer;
3877 or
3878 (c) (i) one member of the governing body;
3879 (ii) a representative of the treasurer's office of the local entity; and
3880 (iii) a representative of the office of the local entity's engineer or the project engineer.
3881 (3) (a) The board of equalization shall hold hearings on at least three consecutive days
3882 for at least one hour per day between 9 a.m. and 9 p.m., as specified in the notice under Section
3883 11-42-402 .
3884 (b) The board of equalization may continue a hearing from time to time to a specific
3885 place and a specific hour and day until the board's work is completed.
3886 (c) At each hearing, the board of equalization shall hear arguments from any person
3887 who claims to be aggrieved, including arguments relating to:
3888 (i) the direct or indirect benefits accruing to a tract, block, lot, or parcel of property in
3889 the assessment area; or
3890 (ii) the amount of the proposed assessment against the tract, block, lot, or parcel.
3891 (4) (a) After the hearings under Subsection (3) are completed, the board of equalization
3892 shall:
3893 (i) consider all facts and arguments presented at the hearings; and
3894 (ii) make any corrections to the proposed assessment list that the board considers just
3895 and equitable.
3896 (b) A correction under Subsection (4)(a)(ii) may:
3897 (i) eliminate one or more pieces of property from the assessment list; or
3898 (ii) increase or decrease the amount of the assessment proposed to be levied against a
3899 parcel of property.
3900 (c) (i) If the board of equalization makes a correction under Subsection (4)(a)(ii) that

3901 results in an increase of a proposed assessment, the board shall, before approving a corrected
3902 assessment list:
3903 (A) give notice as provided in Subsection (4)(c)(ii);
3904 (B) hold a hearing at which the owner whose assessment is proposed to be increased
3905 may appear and object to the proposed increase; and
3906 (C) after holding a hearing, make any further corrections that the board considers just
3907 and equitable with respect to the proposed increased assessment.
3908 (ii) Each notice required under Subsection (4)(c)(i)(A) shall:
3909 (A) state:
3910 (I) that the property owner's assessment is proposed to be increased;
3911 (II) the amount of the proposed increased assessment;
3912 (III) that a hearing will be held at which the owner may appear and object to the
3913 increase; and
3914 (IV) the date, time, and place of the hearing; and
3915 (B) be mailed, at least 15 days before the date of the hearing, to each owner of property
3916 as to which the assessment is proposed to be increased at the property owner's mailing address.
3917 (5) (a) After the board of equalization has held all hearings required by this section and
3918 has made all corrections the board considers just and equitable, the board shall report to the
3919 governing body its findings that:
3920 (i) each parcel of property within the assessment area will be directly or indirectly
3921 benefitted in an amount not less than the assessment to be levied against the property; and
3922 (ii) except as provided in Subsection 11-42-409 (6), no parcel of property on the
3923 assessment list will bear more than its proportionate share of the cost of the improvements
3924 benefitting the property.
3925 (b) The board of equalization shall mail a copy of the board's final report to each
3926 property owner who objected at the board hearings to the assessment proposed to be levied
3927 against the property owner's property at the property owner's mailing address.
3928 (6) (a) If a board of equalization includes members other than the governing body of
3929 the local entity, a property owner may appeal a decision of the board to the governing body by
3930 filing with the governing body a written notice of appeal within 15 days after the board's final
3931 report is mailed to property owners under Subsection (5)(b).

3932 (b) Except as provided in Subsection (6)(a), no appeal may be taken from the findings
3933 of a board of equalization.
3934 (7) The findings of a board of equalization are final:
3935 (a) when approved by the governing body, if no appeal is allowed under Subsection
3936 (6); or
3937 (b) after the time for appeal under Subsection (6) is passed, if an appeal is allowed
3938 under that Subsection.
3939 (8) (a) If a governing body has levied an assessment to pay operation and maintenance
3940 costs within an assessment area, the governing body may periodically appoint a new board of
3941 equalization to review assessments for operation and maintenance costs.
3942 (b) Each board of equalization appointed under Subsection (8)(a) shall comply with the
3943 requirements of Subsections (3) through (6).
3944 (9) The failure of an owner of property within the assessment area to appear before the
3945 board of equalization to object to the levy of the assessment constitutes a waiver of all
3946 objections to the levy, except an objection that the governing body failed to obtain jurisdiction
3947 to order that the improvements which the assessment is intended to pay be provided to the
3948 assessment area.
3949 Section 59. Section 11-42-404 is enacted to read:
3950 11-42-404. Adoption of a resolution or ordinance levying an assessment -- Notice
3951 of the adoption -- Effective date of resolution or ordinance -- Notice of assessment
3952 interest.
3953 (1) (a) After receiving a final report from a board of equalization under Subsection
3954 11-42-403 (5) or, if applicable, after the time for filing an appeal under Subsection
3955 11-42-403 (6) has passed, the governing body may adopt a resolution or ordinance levying an
3956 assessment against benefitted property within the assessment area.
3957 (b) Each local entity that levies an assessment under this chapter shall levy the
3958 assessment at one time only, unless the assessment is to pay operation and maintenance costs
3959 or the costs of economic promotion activities.
3960 (c) An assessment resolution or ordinance adopted under Subsection (1)(a):
3961 (i) need not describe each tract, block, lot, part of block or lot, or parcel of property to
3962 be assessed;

3963 (ii) need not include the legal description or tax identification number of the parcels of
3964 property assessed in the assessment area; and
3965 (iii) is adequate for purposes of identifying the property to be assessed within the
3966 assessment area if the assessment resolution or ordinance incorporates by reference the
3967 corrected assessment list that describes the property assessed by legal description and tax
3968 identification number.
3969 (2) (a) Each local entity that adopts an assessment resolution or ordinance shall give
3970 notice of the adoption by:
3971 (i) publishing a copy of the resolution or ordinance once in a newspaper of general
3972 circulation within the local entity's jurisdictional boundaries; or
3973 (ii) if there is no newspaper of general circulation with the local entity's jurisdictional
3974 boundaries, posting a copy of the resolution or ordinance in at least three public places within
3975 the local entity's jurisdictional boundaries for at least 21 days.
3976 (b) No other publication or posting of the resolution or ordinance is required.
3977 (3) Notwithstanding any other statutory provision regarding the effective date of a
3978 resolution or ordinance, each assessment resolution or ordinance takes effect:
3979 (a) on the date of publication or posting of the notice under Subsection (2); or
3980 (b) at a later date provided in the resolution or ordinance.
3981 (4) (a) The governing body of each local entity that has adopted an assessment
3982 resolution or ordinance under Subsection (1) shall, within five days after the 25-day
3983 prepayment period under Subsection 11-42-411 (6) has passed, file a notice of assessment
3984 interest with the recorder of the county in which the assessed property is located.
3985 (b) Each notice of assessment interest under Subsection (4)(a) shall:
3986 (i) state that the local entity has an assessment interest in the assessed property;
3987 (ii) if the assessment is to pay operation and maintenance costs or for economic
3988 promotion activities, state the maximum number of years over which an assessment will be
3989 payable; and
3990 (iii) describe the property assessed by legal description and tax identification number.
3991 (c) A local entity's failure to file a notice of assessment interest under this Subsection
3992 (4) has no affect on the validity of an assessment levied under an assessment resolution or
3993 ordinance adopted under Subsection (1).

3994 Section 60. Section 11-42-405 is enacted to read:
3995 11-42-405. Limit on amount of assessment -- Costs required to be paid by the local
3996 entity.
3997 (1) An assessment levied within an assessment area may not, in the aggregate, exceed
3998 the sum of:
3999 (a) the contract price or estimated contract price;
4000 (b) the acquisition price of improvements;
4001 (c) the reasonable cost of:
4002 (i) (A) utility services, maintenance, and operation, to the extent permitted by
4003 Subsection 11-42-401 (4); and
4004 (B) labor, materials, or equipment supplied by the local entity;
4005 (ii) economic promotion activities; or
4006 (iii) operation and maintenance costs;
4007 (d) the price or estimated price of purchasing property;
4008 (e) any connection fees;
4009 (f) estimated interest on interim warrants and bond anticipation notes issued with
4010 respect to an assessment area;
4011 (g) overhead costs not to exceed 15% of the sum of Subsections (1)(a), (b), (c), and (e);
4012 (h) an amount for contingencies of not more than 10% of the sum of Subsections (1)(a)
4013 and (c), if the assessment is levied before construction of the improvements in the assessment
4014 area is completed;
4015 (i) an amount sufficient to fund a reserve fund, if the governing body creates and funds
4016 a reserve fund as provided in Section 11-42-702 ; and
4017 (j) 1/2 the cost of grading changes as provided in Section 11-42-407 .
4018 (2) Each local entity providing an improvement in an assessment area shall pay, from
4019 improvement revenues not pledged to the payment of bonds and from any other legally
4020 available money:
4021 (a) overhead costs for which an assessment cannot be levied;
4022 (b) the costs of providing an improvement for which an assessment was not levied, if
4023 the assessment is levied before construction of the improvement in the assessment area is
4024 completed; and

4025 (c) the acquisition and constructions costs of an improvement for the benefit of
4026 property against which an assessment may not be levied.
4027 Section 61. Section 11-42-406 is enacted to read:
4028 11-42-406. Assessment for economic promotion activities.
4029 (1) An assessment levied to pay for economic promotion activities may not extend for
4030 more than five years after the date of the notice under Section 11-42-402 .
4031 (2) If a local entity designates an assessment area for economic promotion activities,
4032 the local entity:
4033 (a) shall spend on economic promotion activities at least 70% of the money generated
4034 from an assessment levied in the assessment area and from improvement revenues; and
4035 (b) may not spend more than 30% of that money on administrative costs, including
4036 salaries, benefits, rent, travel, and costs incidental to publications.
4037 Section 62. Section 11-42-407 is enacted to read:
4038 11-42-407. Improvements that change the grade of an existing street, alley, or
4039 sidewalk -- Improvements that improve an intersection or spaces opposite an alley.
4040 (1) If an improvement in an assessment area involves changing the grade of an existing
4041 street, alley, or sidewalk, the local entity shall pay half of the cost of bringing the street, alley,
4042 or sidewalk to the established grade.
4043 (2) If an improvement in an assessment area improves an intersection of streets or
4044 spaces opposite an alley, the local entity may levy an assessment against the other properties to
4045 be assessed in the assessment area for the cost of the improvement.
4046 Section 63. Section 11-42-408 is enacted to read:
4047 11-42-408. Assessment against government land prohibited -- Exception.
4048 (1) (a) Except as provided in Subsection (2), a local entity may not levy an assessment
4049 against property owned by the federal government or a public agency, even if the property
4050 benefits from the improvement.
4051 (b) Notwithstanding Subsection (1)(a), a public agency may contract with a local
4052 entity:
4053 (i) for the local entity to provide an improvement to property owned by the public
4054 agency; and
4055 (ii) to pay for the improvement provided by the local entity.

4056 (c) Nothing in this section may be construed to prevent a local entity from imposing on
4057 and collecting from a public agency, or a public agency from paying, a reasonable charge for a
4058 service rendered or material supplied by the local entity to the public agency, including a
4059 charge for water, sewer, or lighting service.
4060 (2) Notwithstanding Subsection (1):
4061 (a) a local entity may continue to levy and enforce an assessment against property
4062 acquired by a public agency within an assessment area if the acquisition occurred after the
4063 assessment area was designated; and
4064 (b) property that is subject to an assessment lien at the time it is acquired by a public
4065 agency continues to be subject to the lien and to enforcement of the lien if the assessment and
4066 interest on the assessment are not paid when due.
4067 Section 64. Section 11-42-409 is enacted to read:
4068 11-42-409. Assessment requirements.
4069 (1) (a) Each local entity that levies an assessment under this chapter shall levy the
4070 assessment on each block, lot, tract, or parcel of property that borders, is adjacent to, or
4071 benefits from an improvement:
4072 (i) to the extent that the improvement directly or indirectly benefits the property; and
4073 (ii) to whatever depth on the parcel of property that the governing body determines,
4074 including the full depth.
4075 (b) The validity of an otherwise valid assessment is not affected by the fact that the
4076 benefit to the property from the improvement:
4077 (i) is only indirect; or
4078 (ii) does not increase the fair market value of the property.
4079 (2) The assessment method a governing body uses to calculate an assessment may be
4080 according to frontage, area, taxable value, fair market value, lot, number of connections,
4081 equivalent residential unit, or any combination of these methods, as the governing body
4082 considers fair and equitable.
4083 (3) In calculating assessments, a governing body may:
4084 (a) use different methods for different improvements in an assessment area; and
4085 (b) assess different amounts in different zones, even when using the same method, if
4086 acquisition or construction costs differ from zone to zone.

4087 (4) (a) Each local entity shall make an allowance for each corner lot receiving the same
4088 improvement on both sides so that the property is not assessed at the full rate on both sides.
4089 (b) A local entity may allocate a corner lot allowance under Subsection (4)(a) to all
4090 other benefitted property within the assessment area by increasing the assessment levied
4091 against the other property.
4092 (5) (a) Assessments shall be fair and equitable according to the benefit to the benefitted
4093 property from the improvement.
4094 (b) To comply with Subsection (5)(a), a local entity may levy assessments within
4095 zones.
4096 (6) A local entity may levy an assessment that would otherwise violate a provision of
4097 this chapter if the owners of all property to be assessed enter into a written agreement with the
4098 local entity consenting to the assessment.
4099 Section 65. Section 11-42-410 is enacted to read:
4100 11-42-410. Amending an assessment resolution or ordinance.
4101 (1) A governing body may adopt a resolution or ordinance amending the original
4102 assessment resolution or ordinance adopted under Section 11-42-404 to:
4103 (a) correct a deficiency, omission, error, or mistake:
4104 (i) with respect to:
4105 (A) the total cost of an improvement;
4106 (B) operation and maintenance costs; or
4107 (C) the cost of economic promotion activities; or
4108 (ii) that results in a tract, lot, block, or parcel not being fully assessed or assessed in an
4109 incorrect amount;
4110 (b) reallocate or adjust assessments under the original assessment resolution or
4111 ordinance for operation and maintenance costs or the costs of economic promotion activities;
4112 (c) reallocate or adjust assessments under the original assessment resolution or
4113 ordinance; or
4114 (d) reduce an assessment as a result of the issuance of refunding bonds.
4115 (2) If an amendment under Subsection (1)(a) results in an increase in an assessment,
4116 the governing body shall comply with the notice requirements of Section 11-42-402 .
4117 Section 66. Section 11-42-411 is enacted to read:

4118 11-42-411. Providing for assessments to be paid in installments.
4119 (1) (a) In an assessment resolution or ordinance, the governing body may, subject to
4120 Subsection (1)(b), provide that some or all of the assessment be paid in installments over a
4121 period not to exceed 20 years from the effective date of the resolution or ordinance.
4122 (b) If an assessment resolution or ordinance provides that some or all of the assessment
4123 be paid in installments for a period exceeding ten years from the effective date of the resolution
4124 or ordinance, the governing body:
4125 (i) shall make a determination that:
4126 (A) the improvement for which the assessment is made has a reasonable useful life for
4127 the full period during which installments are to be paid; or
4128 (B) it would be in the best interests of the local entity and the property owners for
4129 installments to be paid for more than ten years; and
4130 (ii) may provide in the resolution or ordinance that no assessment is payable during
4131 some or all of the period ending three years after the effective date of the resolution or
4132 ordinance.
4133 (2) An assessment resolution or ordinance that provides for the assessment to be paid
4134 in installments may provide that the unpaid balance be paid over the period of time that
4135 installments are payable:
4136 (a) in substantially equal installments of principal; or
4137 (b) in substantially equal installments of principal and interest.
4138 (3) (a) Each assessment resolution or ordinance that provides for the assessment to be
4139 paid in installments shall, subject to Subsections (3)(b) and (c), provide that the unpaid balance
4140 of the assessment bear interest at a fixed rate, variable rate, or a combination of fixed and
4141 variable rates, as determined by the governing body, from the effective date of the resolution or
4142 ordinance or another date specified in the resolution or ordinance.
4143 (b) If the assessment is for operation and maintenance costs or for the costs of
4144 economic promotion activities:
4145 (i) a local entity may charge interest only from the date each installment is due; and
4146 (ii) the first installment of an assessment shall be due 15 days after the effective date of
4147 the assessment resolution or ordinance.
4148 (c) If an assessment resolution or ordinance provides for the unpaid balance of the

4149 assessment to bear interest at a variable rate, the assessment resolution or ordinance shall
4150 specify:
4151 (i) the basis upon which the rate is to be determined from time to time;
4152 (ii) the manner in which and schedule upon which the rate is to be adjusted; and
4153 (iii) a maximum rate that the assessment may bear.
4154 (4) Interest payable on assessments may include:
4155 (a) interest on assessment bonds;
4156 (b) ongoing local entity costs incurred for administration of the assessment area;
4157 (c) any costs incurred with respect to:
4158 (i) securing a letter of credit or other instrument to secure payment or repurchase of
4159 bonds; or
4160 (ii) retaining a marketing agent or an indexing agent.
4161 (5) Interest imposed in an assessment resolution or ordinance shall be paid in addition
4162 to the amount of each installment annually or at more frequent intervals as provided in the
4163 assessment resolution or ordinance.
4164 (6) (a) Except for an assessment for operation and maintenance costs or for the costs of
4165 economic promotion activities, a property owner may pay some or all of the entire assessment
4166 without interest if paid within 25 days after the assessment resolution or ordinance takes effect.
4167 (b) After the 25-day period stated in Subsection (6)(a), a property owner may at any
4168 time prepay some or all of the assessment levied against the owner's property.
4169 (c) A local entity may require a prepayment of an installment to include:
4170 (i) an amount equal to the interest that would accrue on the assessment to the next date
4171 on which interest is payable on bonds issued in anticipation of the collection of the assessment;
4172 and
4173 (ii) the amount necessary, in the governing body's opinion or the opinion of the officer
4174 designated by the governing body, to assure the availability of money to pay:
4175 (A) interest that becomes due and payable on those bonds; and
4176 (B) any premiums that become payable on bonds that are called in order to use the
4177 money from the prepaid assessment installment.
4178 Section 67. Section 11-42-412 is enacted to read:
4179 11-42-412. Assessment fund -- Uses of money in the fund -- Treasurer's duties

4180 with respect to the fund.
4181 (1) The governing body of each local entity that levies an assessment under this part on
4182 benefitted property within an assessment area shall establish an assessment fund.
4183 (2) The governing body shall:
4184 (a) deposit into the assessment fund all money paid to the local entity from assessments
4185 and interest on assessments; and
4186 (b) deposit into a separate account in the assessment fund all money paid to the local
4187 entity from improvement revenues.
4188 (3) Money in an assessment fund may be expended only for paying:
4189 (a) the local entity's costs and expenses of making, operating, and maintaining
4190 improvements to the extent permitted under Section 11-42-415 ;
4191 (b) operation and maintenance costs;
4192 (c) economic promotion activities;
4193 (d) local entity obligations; and
4194 (e) costs that the local entity incurs with respect to:
4195 (i) administration of the assessment area; or
4196 (ii) obtaining a letter of credit or other instrument or fund to secure the payment of
4197 assessment bonds.
4198 (4) The treasurer of the local entity:
4199 (a) shall:
4200 (i) subject to Subsection (4)(b)(i), be the custodian of the assessment fund;
4201 (ii) keep the assessment fund intact and separate from all other local entity funds and
4202 money;
4203 (iii) invest money in an assessment fund by following the procedures and requirements
4204 of Title 51, Chapter 7, State Money Management Act; and
4205 (iv) keep on deposit in the assessment fund any interest received from the investment
4206 of money in the assessment fund and use the interest exclusively for the purposes for which the
4207 assessment fund was established; and
4208 (b) may:
4209 (i) arrange for the assessment fund to be held by a trustee bank on behalf of the local
4210 entity; and

4211 (ii) pay money out of the assessment fund only for the purposes listed in Subsection
4212 (3).
4213 (5) When all local entity obligations have been paid or legally considered paid in full,
4214 the treasurer of the local entity shall transfer all money remaining in the assessment fund as
4215 provided in Section 11-42-414 .
4216 Section 68. Section 11-42-413 is enacted to read:
4217 11-42-413. Surplus assessments -- Payment of bonds -- Rebate of assessment if
4218 improvements abandoned.
4219 (1) As used in this section:
4220 (a) "Current owner" means the owner of property at the time a rebate under this section
4221 is paid.
4222 (b) "Last-known address" means the last address of an owner of property within an
4223 assessment area according to the last completed real property assessment roll of the county in
4224 which the property is located.
4225 (c) "Net assessment" means the amount of an assessment after subtracting:
4226 (i) the amount required to pay for any improvements that have been made prior to their
4227 being abandoned; and
4228 (ii) any damages or costs related to an abandonment of improvements.
4229 (2) (a) If the total cost of completed and accepted improvements is less than the total
4230 amount of assessments levied for those improvements, the local entity shall place the surplus in
4231 the assessment fund.
4232 (b) If a local entity issues assessment bonds before a surplus under Subsection (2)(a) is
4233 determined, the local entity shall hold the surplus in the assessment fund and use the surplus
4234 for the payment of the bonds, interest, and any penalties and costs.
4235 (3) If a local entity abandons improvements in an assessment area before the
4236 improvements have been started or, if started, before they have been completed and accepted
4237 but after an assessment has been levied, the local entity shall rebate the net assessment to the
4238 current owner.
4239 Section 69. Section 11-42-414 is enacted to read:
4240 11-42-414. Remaining interest and other money in assessment fund to be
4241 transferred to the guaranty fund or the local entity's general fund.

4242 The treasurer of each local entity that collects interest from the investment of an
4243 assessment fund or that receives penalties, costs, and other amounts for the benefit and credit
4244 of an assessment that remain after all local entity obligations are paid in full and cancelled shall
4245 transfer the remaining amount to:
4246 (1) the guaranty fund, if required by bond covenants; or
4247 (2) the local entity's general fund.
4248 Section 70. Section 11-42-415 is enacted to read:
4249 11-42-415. Improvement revenues.
4250 (1) A local entity may, by resolution adopted by the governing body, provide for the
4251 pledge and use of any improvement revenues to pay:
4252 (a) some or all of the costs and expenses of making, operating, and maintaining
4253 improvements, to the extent permitted under this chapter; and
4254 (b) some or all of the principal of and interest on assessment bonds, interim warrants,
4255 and bond anticipation notes issued against the assessment area to make improvements within
4256 the assessment area.
4257 (2) (a) If the governing body adopts a resolution under Subsection (1), the local entity:
4258 (i) may:
4259 (A) provide for assessments to be levied in the full amount of the estimated cost of the
4260 improvements, as determined by a project engineer;
4261 (B) agree to use installment payments from assessments to pay the costs of the
4262 improvements and to pay principal of and interest on any assessment bonds, interim warrants,
4263 and bond anticipation notes when due; and
4264 (C) reduce installment payments, as provided in Subsection (2)(a)(ii), if the local entity
4265 receives net improvement revenues and pledges them to pay operation and maintenance costs
4266 of the improvements and to pay principal of and interest on assessment bonds, interim
4267 warrants, or bond anticipation notes; and
4268 (ii) shall authorize a local entity official to:
4269 (A) determine on each installment payment date the amount of net improvement
4270 revenues that the local entity has received since the last installment payment date; and
4271 (B) reduce the amount of the installment payment due on the next succeeding
4272 installment payment date by an amount that is no greater than the amount of the net

4273 improvement revenues described in Subsection (2)(a)(ii)(A).
4274 (b) A local entity may not reduce installment payments under Subsection (2)(a)(ii) if:
4275 (i) the reduction exceeds the amount of net improvement revenues that have been
4276 pledged to pay:
4277 (A) operation and maintenance costs of the improvements; and
4278 (B) principal of and interest on assessment bonds, interim warrants, and bond
4279 anticipation notes; or
4280 (ii) after the reduction, the sum of the assessment installment payments and the net
4281 improvement revenues are insufficient to pay:
4282 (A) operation and maintenance costs of the improvements; and
4283 (B) principal of and interest on assessment bonds, interim warrants, and bond
4284 anticipation notes.
4285 (c) The local entity shall require that each reduction of installment payments be made
4286 so that the assessments levied against each assessed property receive a proportionate share of
4287 the reduction.
4288 (d) A reduction under Subsection (2)(a)(ii) does not apply to an assessment or interest
4289 on an assessment that has been paid.
4290 (3) (a) Not more than 14 days after making a determination under Subsection (2)(a)(ii)
4291 to reduce an installment payment, the local entity's governing body shall mail notice of the
4292 reduction to each owner of property within the assessment area at the property owner's mailing
4293 address.
4294 (b) The governing body may include the notice required under Subsection (3)(a) with
4295 or in any other notice regarding the payment of assessments and interest on assessments that
4296 the governing body sends to owners.
4297 (4) (a) If an owner of assessed property pays more than the amount of the reduced
4298 installment payment on the installment payment date after a notice under Subsection (3) is
4299 mailed, the local entity may, by following the procedure under Subsection (3), provide
4300 additional notice to the owner that:
4301 (i) the owner has overpaid the assessment installment payment; and
4302 (ii) the local entity will:
4303 (A) credit the amount of the overpayment against the next installment payment due; or

4304 (B) if no further installment payment is due, refund the amount of the overpayment
4305 upon receipt of a written refund request from the owner.
4306 (b) If a local entity receives an overpayment of an installment payment, it shall:
4307 (i) credit the amount of the overpayment against the next installment payment due; or
4308 (ii) refund the amount of the overpayment to the owner if:
4309 (A) no further installment payment is due; and
4310 (B) the owner submits a written request for a refund.
4311 (c) A local entity is not required to pay interest on an overpayment that it holds.
4312 Section 71. Section 11-42-416 is enacted to read:
4313 11-42-416. Validation of prior assessment proceedings.
4314 (1) Subject to Subsection (2), all proceedings taken before April 30, 2007 related to the
4315 levy of assessments are validated, ratified, and confirmed, and the assessments are declared to
4316 be legal and valid assessments.
4317 (2) Nothing in this section may be construed to affect the validity of an assessment
4318 whose legality is being contested on April 30, 2007.
4319 (3) (a) This chapter applies to all assessments levied after April 30, 2007, even though
4320 proceedings were taken before that date under provisions of the law then in effect but repealed
4321 or modified on or after that date.
4322 (b) Proceedings taken as described in Subsection (3)(a) under the law in effect before
4323 April 30, 2007 are validated, ratified, and confirmed, except to the extent that those
4324 proceedings are the subject of an action pending on April 30, 2007 challenging the
4325 proceedings.
4326 Section 72. Section 11-42-501 is enacted to read:
4327 Part 5. Assessment Liens
4328 11-42-501. Assessment constitutes a lien -- Characteristics of an assessment lien.
4329 (1) Each assessment levied under this chapter, including any installment of an
4330 assessment, interest, and any penalties and costs of collection, constitutes a lien against the
4331 property assessed as of the effective date of the assessment resolution or ordinance.
4332 (2) A lien under this section:
4333 (a) is superior to the lien of a trust deed, mortgage, mechanic's or materialman's lien, or
4334 other encumbrances;

4335 (b) is equal to and on a parity with a lien for general property taxes;
4336 (c) applies without interruption, change in priority, or alteration in any manner to any
4337 reduced payment obligations; and
4338 (d) continues until the assessments, reduced payment obligations, and any interest,
4339 penalties, and costs are paid, despite a sale of the property for or on account of a delinquent
4340 general property tax, special tax, or other assessment or the issuance of a tax deed, an
4341 assignment of interest by the county, or a sheriff's certificate of sale or deed.
4342 Section 73. Section 11-42-502 is enacted to read:
4343 11-42-502. Enforcement of an assessment lien -- Methods of enforcing lien --
4344 Redemption of property -- Remedies are cumulative to other remedies.
4345 (1) If an assessment or an installment of an assessment is not paid when due, the local
4346 entity may sell the property on which the assessment has been levied for the amount due plus
4347 interest, penalties, and costs, in the manner provided:
4348 (a) by resolution or ordinance of the local entity;
4349 (b) in Title 59, Chapter 2, Part 13, Collection of Taxes, for the sale of property for
4350 delinquent general property taxes; or
4351 (c) in Title 57, Chapter 1, Conveyances, as though the property were the subject of a
4352 trust deed in favor of the local entity.
4353 (2) Except as modified by this chapter, each tax sale under Subsection (1)(b) shall be
4354 governed by Title 59, Chapter 2, Part 13, Collection of Taxes, to the same extent as if the sale
4355 were for the sale of property for delinquent general property taxes.
4356 (3) (a) In a foreclosure under Subsection (1)(c):
4357 (i) the local entity may bid at the sale;
4358 (ii) the local entity's governing body shall designate a trustee satisfying the
4359 requirements of Section 57-1-21 ;
4360 (iii) each trustee designated under Subsection (3)(a)(ii) has a power of sale with respect
4361 to the property that is the subject of the delinquent assessment lien;
4362 (iv) the property that is the subject of the delinquent assessment lien is considered to
4363 have been conveyed to the trustee, in trust, for the sole purpose of permitting the trustee to
4364 exercise the trustee's power of sale under Subsection (3)(a)(iii);
4365 (v) if no one bids at the sale and pays the local entity the amount due on the

4366 assessment, plus interest and costs, the property is considered sold to the local entity for those
4367 amounts; and
4368 (vi) the local entity's chief financial officer may substitute and appoint one or more
4369 successor trustees, as provided in Section 57-1-22 .
4370 (b) The designation of a trustee under Subsection (3)(a)(ii) shall be disclosed in the
4371 notice of default that the trustee gives to commence the foreclosure, and need not be stated in a
4372 separate instrument.
4373 (4) (a) The redemption of property that is the subject of a tax sale under Subsection
4374 (1)(b) is governed by Title 59, Chapter 2, Part 13, Collection of Taxes.
4375 (b) The redemption of property that is the subject of a foreclosure proceeding under
4376 Subsection (1)(c) is governed by Title 57, Chapter 1, Conveyances.
4377 (5) (a) The remedies provided for in this part for the collection of an assessment and
4378 the enforcement of an assessment lien are cumulative.
4379 (b) The use of one or more of the remedies provided for in this part may not be
4380 considered to deprive the local entity of any other remedy or means of collecting the
4381 assessment or enforcing the assessment lien.
4382 Section 74. Section 11-42-503 is enacted to read:
4383 11-42-503. Local entity payments to avoid a default in local entity obligations --
4384 Reimbursement of payments when property sold at tax or foreclosure sale.
4385 (1) To avoid a default in the payment of outstanding local entity obligations, a local
4386 entity may pay:
4387 (a) the delinquent amount due, plus interest, penalties, and costs;
4388 (b) the amounts described in Subsection (1)(a) and the full balance of an assessment, if
4389 accelerated; or
4390 (c) any part of an assessment or an installment of an assessment that becomes due
4391 during the redemption period.
4392 (2) A local entity may:
4393 (a) pay the amounts under Subsection (1) from a guaranty fund or a reserve fund, or
4394 from any money legally available to the local entity; and
4395 (b) charge the amounts paid against the delinquent property.
4396 (3) (a) Upon the tax sale or foreclosure of the property charged as provided in

4397 Subsection (2):
4398 (i) all amounts that the local entity paid shall be included in the sale price of the
4399 property recovered in the sale; and
4400 (ii) the local entity's guaranty fund, reserve fund, or other source of money paid under
4401 Subsection (2)(a), as the case may be, shall be reimbursed for those amounts.
4402 (b) If the property charged as provided in Subsection (2) is sold to the local entity at the
4403 tax sale or foreclosure and additional assessment installments become due, the local entity:
4404 (i) may pay the additional installments from the guaranty fund or reserve fund, as the
4405 case may be, or from any legally available money;
4406 (ii) shall recover, in a sale of the property, the amount of the installments paid; and
4407 (iii) shall reimburse the guaranty fund or reserve fund when the property is sold.
4408 Section 75. Section 11-42-504 is enacted to read:
4409 11-42-504. Assessments on property that the local entity acquires at tax sale or
4410 foreclosure -- Transferring title of property in lieu of paying assessments --
4411 Reimbursement.
4412 (1) (a) Each local entity that purchases property at a tax sale or foreclosure under this
4413 part shall pay into the assessment fund all applicable annual installments of assessments and
4414 interest for as long as the local entity owns the property.
4415 (b) A local entity may make payments required under this Subsection (1) from the
4416 guaranty fund or reserve fund.
4417 (2) (a) In lieu of making payments under Subsection (1), a local entity may elect to
4418 transfer title of the property to the owners of all outstanding assessment bond, refunding
4419 assessment bonds, interim warrants, or bond anticipation note as payment in full for all
4420 delinquent assessments with respect to the property.
4421 (b) If a local entity transfers title to property as provided in Subsection (2)(a) or sells
4422 property it has received from a tax sale or foreclosure, the selling price may not be less than the
4423 amount sufficient to reimburse the local entity for all amounts the local entity paid with respect
4424 to an assessment on the property, including an amount sufficient to reimburse the guaranty
4425 fund or reserve fund, as the case may be, for all amounts paid from the fund for delinquent
4426 assessments or installments of assessments relating to the property, plus interest, penalties, and
4427 costs.

4428 (c) Each local entity that sells property it has received from a tax sale or foreclosure
4429 shall place the money it receives from the sale into the guaranty fund, reserve fund, or other
4430 local entity fund, as the case may be, to the extent of full reimbursement as required in this
4431 section.
4432 Section 76. Section 11-42-505 is enacted to read:
4433 11-42-505. Default in the payment of an installment of an assessment -- Interest
4434 and costs -- Restoring the property owner to the right to pay installments.
4435 (1) If an assessment is payable in installments and a default occurs in the payment of an
4436 installment when due, the governing body may:
4437 (a) declare the delinquent amount to be immediately due and subject to collection as
4438 provided in this chapter;
4439 (b) accelerate payment of the total unpaid balance of the assessment and declare the
4440 whole of the unpaid principal and the interest then due to be immediately due and payable; and
4441 (c) charge and collect all costs of collection, including attorney fees.
4442 (2) Interest shall accrue from the date of delinquency on all applicable amounts under
4443 Subsections (1)(a) and (b) until paid in full.
4444 (3) Any interest assessed for or collection costs charged under this section shall be:
4445 (a) the same as apply to delinquent real property taxes for the year in which the balance
4446 of the fee or charge becomes delinquent; or
4447 (b) as the governing body determines.
4448 (4) Notwithstanding Subsection (1), a property owner shall be restored to the right to
4449 pay an assessment in installments in the same manner as if no default had occurred if the owner
4450 pays the amount of all unpaid installments that are past due, with interest, collection and
4451 foreclosure costs, and administrative, redemption, and other fees, including attorney fees,
4452 before:
4453 (a) the final date that payment may be legally made under a final sale or foreclosure of
4454 property to collect delinquent assessment installments, if collection is enforced under Title 59,
4455 Chapter 2, Part 13, Collection of Taxes; or
4456 (b) the end of the three-month reinstatement period provided by Section 57-1-31 , if
4457 collection is enforced through the method of foreclosing trust deeds.
4458 Section 77. Section 11-42-506 is enacted to read:

4459 11-42-506. Release of assessment lien and notice of proposed assessment.
4460 (1) (a) Upon an assessment on a parcel of property having been paid in full, the local
4461 entity shall file, in the office of the recorder of the county in which the property is located, a
4462 release and discharge of the assessment lien on that property.
4463 (b) Each release and discharge under Subsection (1)(a) shall:
4464 (i) include a legal description of the affected property; and
4465 (ii) comply with other applicable requirements for recording a document.
4466 (2) (a) Upon all assessments levied within an assessment area having been paid in full,
4467 or upon payment in full having been provided for, the local entity shall file, in the office of the
4468 recorder of the county in which the property within the assessment area is located, a notice of
4469 the dissolution of the assessment area.
4470 (b) Each notice under Subsection (2)(a) shall:
4471 (i) include a legal description of the property assessed within the assessment area; and
4472 (ii) comply with all other applicable requirements for recording a document.
4473 Section 78. Section 11-42-601 is enacted to read:
4474 Part 6. Interim Warrants, Bond Anticipation Notes, Assessment Bonds, and Refunding
4475 Assessment Bonds
4476 11-42-601. Interim warrants.
4477 (1) A local entity may issue interim warrants against an assessment area.
4478 (2) An interim warrant may be in any amount up to:
4479 (a) as portions of the work on improvements in an assessment area are completed, 90%
4480 of the value of the completed work, as estimated by the local entity's project engineer;
4481 (b) 100% of the value of the work completed, after completion of the work and
4482 acceptance of the work by the local entity's project engineer; and
4483 (c) the price of property, the acquisition of which is required for an improvement.
4484 (3) The governing body may:
4485 (a) issue interim warrants at not less than par value in a manner the governing body
4486 determines; and
4487 (b) use the proceeds from the issuance of interim warrants to pay:
4488 (i) the contract price;
4489 (ii) the property price; and

4490 (iii) related costs, including overhead costs.
4491 (4) (a) Interim warrants shall bear interest from the date of their issuance until paid.
4492 (b) (i) The governing body shall:
4493 (A) approve the interest rate applicable to interim warrants; and
4494 (B) fix a maturity date for each interim warrant.
4495 (ii) The interest rate applicable to interim warrants may be fixed or variable or a
4496 combination of fixed and variable.
4497 (iii) If interim warrants carry a variable interest rate, the governing body shall specify
4498 the basis upon which the rate is to be determined, the manner in which the rate is to be
4499 adjusted, and a maximum interest rate.
4500 (iv) A local entity may provide for interest on interim warrants to be paid
4501 semiannually, annually, or at maturity.
4502 (v) If an interim warrant matures before the local entity has available sources of
4503 payment under Section 11-42-603 , the local entity may authorize the issuance of a new interim
4504 warrant to pay the principal and interest on the maturing warrant.
4505 (c) The local entity shall include interest accruing on interim warrants in the cost of
4506 improvements in the assessment area.
4507 (5) A local entity may purchase some or all of the interim warrants it has issued using
4508 the local entity's general fund money.
4509 Section 79. Section 11-42-602 is enacted to read:
4510 11-42-602. Bond anticipation notes.
4511 (1) A local entity may by resolution authorize the issuance of bond anticipation notes.
4512 (2) A local entity may use the proceeds from the issuance of bond anticipation notes to
4513 pay:
4514 (a) the estimated acquisition and contract price;
4515 (b) the property price; and
4516 (c) related costs, including overhead costs.
4517 (3) Each resolution authorizing the issuance of bond anticipation notes shall:
4518 (a) describe the bonds in anticipation of which the bond anticipation notes are to be
4519 issued;
4520 (b) specify the principal amount and maturity dates of the notes; and

4521 (c) specify the interest rate applicable to the notes.
4522 (4) (a) The interest rate on bond anticipation notes issued under this section may be
4523 fixed, variable, or a combination of fixed and variable, as determined by the governing body.
4524 (b) If bond anticipation notes carry a variable interest rate, the governing body shall
4525 specify the basis upon which the rate is to be determined, the manner in which the rate is to be
4526 adjusted, and a maximum interest rate.
4527 (c) A local entity may provide for interest on bond anticipation notes to be paid
4528 semiannually, annually, or at maturity.
4529 (5) A local entity may:
4530 (a) issue and sell bond anticipation notes in a manner and at a price, either at, below, or
4531 above face value, as the governing body determines by resolution; and
4532 (b) make bond anticipation notes redeemable prior to maturity, at the governing body's
4533 option and in the manner and upon the terms fixed by the resolution authorizing their issuance.
4534 (6) Bond anticipation notes shall be executed, be in a form, and have details and terms
4535 as provided in the resolution authorizing their issuance.
4536 (7) A local entity may issue bond anticipation notes to refund bond anticipation notes
4537 previously issued by the local entity.
4538 Section 80. Section 11-42-603 is enacted to read:
4539 11-42-603. Sources of payment for interim warrants and bond anticipation notes.
4540 Each local entity that has issued interim warrants or bond anticipation notes shall pay
4541 the warrants or notes from:
4542 (1) proceeds from the sale of assessment bonds;
4543 (2) cash the local entity receives from the payment for improvements;
4544 (3) improvement revenues that are not pledged to the payment of assessment bonds;
4545 (4) proceeds from the sale of interim warrants or bond anticipation notes; or
4546 (5) the local entity's guaranty fund or, if applicable, the reserve fund.
4547 Section 81. Section 11-42-604 is enacted to read:
4548 11-42-604. Notice regarding resolution or ordinance authorizing interim warrants
4549 or bond anticipation notes -- Complaint contesting warrants or notes -- Prohibition
4550 against contesting warrants and notes.
4551 (1) A local entity may publish notice, as provided in Subsection (2), of a resolution or

4552 ordinance that the governing body has adopted authorizing the issuance of interim warrants or
4553 bond anticipation notes.
4554 (2) (a) If a local entity chooses to publish notice under Subsection (1)(a), the notice
4555 shall:
4556 (i) be published in a newspaper of general circulation within the local entity;
4557 (ii) contain:
4558 (A) the name of the issuer of the interim warrants or bond anticipation notes;
4559 (B) the purpose of the issue;
4560 (C) the maximum principal amount that may be issued;
4561 (D) the maximum length of time over which the interim warrants or bond anticipation
4562 notes may mature;
4563 (E) the maximum interest rate, if there is a maximum rate; and
4564 (F) the times and place where a copy of the resolution or ordinance may be examined,
4565 as required under Subsection (2)(b).
4566 (b) The local entity shall allow examination of the resolution or ordinance authorizing
4567 the issuance of the interim warrants or bond anticipation notes at its office during regular
4568 business hours.
4569 (3) Any person may, within 30 days after publication of a notice under Subsection (1),
4570 file a verified, written complaint in the district court of the county in which the person resides,
4571 contesting the regularity, formality, or legality of the interim warrants or bond anticipation
4572 notes issued by the local entity or the proceedings relating to the issuance of the interim
4573 warrants or bond anticipation notes.
4574 (4) After the 30-day period under Subsection (3), no person may contest the regularity,
4575 formality, or legality of the interim warrants or bond anticipation notes issued by a local entity
4576 under the resolution or ordinance that was the subject of the notice under Subsection (1), or the
4577 proceedings relating to the issuance of the interim warrants or bond anticipation notes.
4578 Section 82. Section 11-42-605 is enacted to read:
4579 11-42-605. Local entity may authorize the issuance of assessment bonds -- Limit
4580 on amount of bonds -- Features of assessment bonds.
4581 (1) After the 25-day prepayment period under Subsection 11-42-411 (6) has passed or,
4582 if the 25-day prepayment period is waived under Section 11-42-104 , after the assessment

4583 resolution or ordinance takes effect, a local entity may authorize the issuance of bonds to pay
4584 the costs of improvements in an assessment area, and other related costs, against the funds that
4585 the local entity will receive because of an assessment in an assessment area.
4586 (2) The aggregate principal amount of bonds authorized under Subsection (1) may not
4587 exceed the unpaid balance of assessments at the end of the 25-day prepayment period under
4588 Subsection 11-42-411 (5).
4589 (3) Assessment bonds issued under this section:
4590 (a) are fully negotiable for all purposes;
4591 (b) shall mature at a time that does not exceed the period that installments of
4592 assessments in the assessment area are due and payable, plus one year;
4593 (c) shall bear interest at the lowest rate or rates reasonably obtainable;
4594 (d) may not be dated earlier than the effective date of the assessment ordinance;
4595 (e) shall be payable at the place, shall be in the form, and shall be sold in the manner
4596 and with the details that are provided in the resolution authorizing the issuance of the bonds;
4597 (f) shall be issued, as the governing body determines:
4598 (i) in bearer form, with or without interest coupons attached; or
4599 (ii) in registered form as provided in Title 15, Chapter 7, Registered Public Obligations
4600 Act; and
4601 (g) provide that interest be paid semiannually, annually, or at another interval as
4602 specified by the governing body.
4603 (4) (a) A local entity may:
4604 (i) (A) provide that assessment bonds be callable for redemption before maturity; and
4605 (B) fix the terms and conditions of redemption, including the notice to be given and
4606 any premium to be paid;
4607 (ii) subject to Subsection (4)(b), require assessment bonds to bear interest at a fixed or
4608 variable rate, or a combination of fixed and variable rates;
4609 (iii) specify terms and conditions under which:
4610 (A) assessment bonds bearing interest at a variable interest rate may be converted to
4611 bear interest at a fixed interest rate; and
4612 (B) the local entity agrees to repurchase the bonds; and
4613 (iv) engage a remarketing agent and indexing agent, subject to the terms and conditions

4614 that the governing body agrees to;
4615 (v) include all costs associated with assessment bonds, including any costs resulting
4616 from any of the actions the local entity is authorized to take under this section, in an assessment
4617 levied under Section 11-42-401 .
4618 (b) If assessment bonds carry a variable interest rate, the local entity shall specify:
4619 (i) the basis upon which the variable rate is to be determined over the life of the bonds;
4620 (ii) the manner in which and schedule upon which the rate is to be adjusted; and
4621 (iii) a maximum rate that the bonds may carry.
4622 (5) (a) Nothing in this part may be construed to authorize the issuance of assessment
4623 bonds to pay for the cost of ordinary repairs to pavement, sewers, drains, curbing, gutters, or
4624 sidewalks.
4625 (b) Notwithstanding Subsection (5)(a), a local entity may issue assessment bonds to
4626 pay for extraordinary repairs to pavement, sewers, drains, curbing, gutters, or sidewalk.
4627 (c) A local entity's governing body may define by resolution or ordinance what
4628 constitutes ordinary repairs and extraordinary repairs for purposes of this Subsection (5).
4629 (d) Nothing in this Subsection (5) may be construed to limit a local entity from levying
4630 an assessment within an assessment area to pay operation and maintenance costs as described
4631 in a notice under Section 11-42-402 .
4632 (6) If a local entity has issued bond anticipation notes under Section 11-42-602 in
4633 anticipation of assessment bonds that the local entity issues under this part, the local entity
4634 shall provide for the retirement of the bond anticipation notes contemporaneously with the
4635 issuance of the assessment bonds.
4636 Section 83. Section 11-42-606 is enacted to read:
4637 11-42-606. Assessment bonds are not a local entity's general obligation -- Liability
4638 and responsibility of a local entity that issues assessment bonds.
4639 (1) Assessment bonds are not a general obligation of the local entity that issues them.
4640 (2) A local entity that issues assessment bonds:
4641 (a) may not be held liable for payment of the bonds except to the extent of:
4642 (i) funds created and received from assessments against which the bonds are issued;
4643 (ii) improvement revenues; and
4644 (iii) the local entity's guaranty fund under Section 11-42-701 or, if applicable, reserve

4645 fund under Section 11-42-702 ; and
4646 (b) is responsible for:
4647 (i) the lawful levy of all assessments;
4648 (ii) the collection and application of improvement revenues, as provided in this
4649 chapter;
4650 (iii) the creation and maintenance of a guaranty fund or, if applicable, a reserve fund;
4651 and
4652 (iv) the faithful accounting, collection, settlement, and payment of:
4653 (A) assessments and improvement revenues; and
4654 (B) money in a guaranty fund or, if applicable, a reserve fund.
4655 (3) If a local entity illegally assesses property that is exempt from assessment, the local
4656 entity:
4657 (a) is liable to the holders of assessment bonds for the payment of the illegal
4658 assessment; and
4659 (b) shall pay the amount for which it is liable under Subsection (3)(a) from the local
4660 entity's general fund or other legally available money.
4661 Section 84. Section 11-42-607 is enacted to read:
4662 11-42-607. Refunding assessment bonds.
4663 (1) A local entity may, by a resolution adopted by the governing body, authorize the
4664 issuance of refunding assessment bonds as provided in this section, in whole or in part, whether
4665 at or before the maturity of the prior bonds, at stated maturity, upon redemption, or declaration
4666 of maturity.
4667 (2) (a) Subject to Subsection (2)(b), the issuance of refunding assessment bonds is
4668 governed by Title 11, Chapter 27, Utah Refunding Bond Act.
4669 (b) If there is a conflict between a provision of Title 11, Chapter 27, Utah Refunding
4670 Bond Act, and a provision of this part, the provision of this part governs.
4671 (3) In issuing refunding assessment bonds, the local entity shall require the refunding
4672 assessment bonds and interest on the bonds to be payable from and secured, to the extent the
4673 prior bonds were payable from and secured, by:
4674 (a) (i) the same assessments; or
4675 (ii) the reduced assessments adopted by the governing body under Section 11-42-608 ;

4676 (b) the guaranty fund or, if applicable, reserve fund; and
4677 (c) improvement revenues.
4678 (4) Refunding assessment bonds:
4679 (a) shall be payable solely from the sources described in Subsection (3);
4680 (b) shall mature no later than the date that is one year after the final maturity of the
4681 prior bonds;
4682 (c) may not mature at a time or bear interest at a rate that will cause the local entity to
4683 be unable to pay, from the sources listed in Subsection (3), the bonds when due;
4684 (d) shall bear interest as the governing body determines, subject to the provisions of
4685 Section 11-42-605 relating to interest;
4686 (e) may be issued to pay one or more issues of the local entity's prior bonds; and
4687 (f) if issued to refund two or more issues of prior bonds, may be issued in one or more
4688 series.
4689 (5) A local entity may provide for the payment of incidental costs associated with
4690 refunding assessment bonds:
4691 (a) by advancing money from the local entity's general fund or other fund, if the local
4692 entity's governing body:
4693 (i) determines that the advance is in the best interests of the local entity and its citizens,
4694 including the owners of property within the assessment area; and
4695 (ii) provides that the assessments, interest on assessments, and improvement revenue
4696 from which the prior bonds are payable not be reduced during the period necessary to provide
4697 funds from those sources to reimburse the local entity with interest at the same rate that applies
4698 to the assessments;
4699 (b) from premiums that the local entity receives from the sale of refunding assessment
4700 bonds;
4701 (c) from earnings on the investment of refunding assessment bonds pending their use to
4702 refund prior bonds;
4703 (d) from any other sources legally available to the local entity for this purpose; or
4704 (e) from any combination of Subsections (5)(a) through (d).
4705 Section 85. Section 11-42-608 is enacted to read:
4706 11-42-608. Reducing assessments after issuance of refunding assessment bonds.

4707 (1) Each local entity that issues refunding assessment bonds shall adopt a resolution or
4708 ordinance amending the assessment resolution or assessment ordinance previously adopted.
4709 (2) Each amending resolution or ordinance under Subsection (1) shall:
4710 (a) reduce, as determined by the local entity's governing body:
4711 (i) the assessments levied under the previous resolution or ordinance;
4712 (ii) the interest payable on the assessments levied under the previous resolution or
4713 ordinance; or
4714 (iii) both the assessments levied under the previous resolution or ordinance and the
4715 interest payable on those assessments;
4716 (b) allocate the reductions under Subsection (2)(a) so that the then unpaid assessments
4717 levied against benefitted property within the assessment area and the unpaid interest on those
4718 assessments receive a proportionate share of the reductions;
4719 (c) (i) state the amounts of the reduced payment obligation for each property assessed
4720 in the prior resolution or ordinance; or
4721 (ii) incorporate by reference a revised assessment list approved by the governing body
4722 containing the reduced payment obligations; and
4723 (d) state the effective date of any reduction in the assessment levied in the prior
4724 resolution or ordinance.
4725 (3) A resolution or ordinance under Subsection (2) is not required to describe each
4726 block, lot, part of block or lot, tract, or parcel of property assessed.
4727 (4) Each reduction under Subsection (2)(a) shall be the amount by which the principal
4728 or interest or both payable on the refunding assessment bonds, after accounting for incidental
4729 refunding costs associated with the refunding assessment bonds, is less than the amount of
4730 principal or interest or both payable on the prior bonds.
4731 (5) A reduction under Subsection (2)(a) does not apply to an assessment or interest
4732 paid before the reduction.
4733 (6) A resolution or ordinance under Subsection (2) may not become effective before
4734 the date when all principal, interest, any redemption premium on the prior bonds, and any
4735 advances made under Subsection 11-42-607 (5)(a) are fully paid or legally considered to be
4736 paid.
4737 (7) (a) At least 21 days before the first payment of a reduced assessment becomes due,

4738 each local entity shall provide notice of the reduced payment obligations resulting from
4739 adoption of a resolution or ordinance under Subsection (2) by mailing, postage prepaid, a
4740 notice to each owner of benefitted property within the assessment area at the owner's mailing
4741 address.
4742 (b) Each notice under Subsection (7)(a) shall:
4743 (i) identify the property subject to the assessment; and
4744 (ii) state the amount of the reduced payment obligations that will be payable after the
4745 applicable date stated in the resolution or ordinance under Subsection (1).
4746 (c) A notice under Subsection (7)(a) may:
4747 (i) contain other information that the governing body considers appropriate; and
4748 (ii) be included with any other notice regarding the payment of an assessment and
4749 interest that the local entity sends to property owners in the assessment area within the time and
4750 addressed as required under Subsection (7)(a).
4751 (d) The validity of a resolution or ordinance under Subsection (1) is not affected by:
4752 (i) a local entity's failure to provide notice as required under this Subsection (7); or
4753 (ii) a defect in the content of the notice or the manner or time in which the notice was
4754 provided.
4755 (e) Whether or not notice under this Subsection (7) is properly given, no other notice is
4756 required to be given to owners of property within an assessment area in connection with the
4757 issuance of refunding assessment bonds.
4758 (8) Except for the amount of reduction to a prior assessment or interest on a prior
4759 assessment, neither the issuance of refunding assessment bonds nor the adoption of a resolution
4760 or ordinance under Subsection (1) affects:
4761 (a) the validity or continued enforceability of a prior assessment or interest on the
4762 assessment; or
4763 (b) the validity, enforceability, or priority of an assessment lien.
4764 (9) Each reduction of a prior assessment and the interest on the assessment shall
4765 continue to exist in favor of the refunding assessment bonds.
4766 (10) Even after payment in full of the prior bonds that are refunded by refunding
4767 assessment bonds, an assessment lien continues to exist to secure payment of the reduced
4768 payment obligations, the penalties and costs of collection of those obligations, and the

4769 refunding assessment bonds in the same manner, to the same extent, and with the same priority
4770 as the assessment lien.
4771 (11) A lien securing a reduced payment obligation from which refunding assessment
4772 bonds are payable and by which the bonds are secured is subordinate to an assessment lien
4773 securing the original or prior assessment and prior bonds until the prior bonds are paid in full
4774 or legally considered to be paid in full.
4775 (12) Unless prior bonds are paid in full simultaneously with the issuance of refunding
4776 assessment bonds, the local entity shall:
4777 (a) irrevocably set aside the proceeds of the refunding assessment bonds in an escrow
4778 or other separate account; and
4779 (b) pledge that account as security for the payment of the prior bonds, refunding
4780 assessment bonds, or both.
4781 (13) This part applies to all refunding assessment bonds:
4782 (a) whether already issued or yet to be issued; and
4783 (b) even though the prior bonds they refunded were issued under prior law, whether or
4784 not that law is currently in effect.
4785 Section 86. Section 11-42-609 is enacted to read:
4786 11-42-609. Validation of previously issued obligations.
4787 (1) Subject to Subsection (2):
4788 (a) all local entity obligations issued by a local entity before April 30, 2007 are:
4789 (i) validated, ratified, and confirmed; and
4790 (ii) declared to constitute legally binding obligations in accordance with their terms;
4791 and
4792 (b) all proceedings before April 30, 2007 related to the authorization and issuance of
4793 local entity obligations are validated, ratified, and confirmed.
4794 (2) Nothing in this section may be construed to affect the validity of local entity
4795 obligations, a guaranty fund, or a reserve fund whose legality is being contested on April 30,
4796 2007.
4797 (3) (a) This chapter applies to all local entity obligations issued after April 30, 2007,
4798 even though proceedings were taken before that date under provisions of the law then in effect
4799 but repealed or modified on or after that date.

4800 (b) Proceedings taken as described in Subsection (3)(a) under the law in effect before
4801 April 30, 2007 are validated, ratified, and confirmed, subject to question only as provided in
4802 Section 11-42-106 .
4803 (4) The validity of local entity obligations issued before April 30, 2007 is not affected
4804 by changes to the law under which they were issued that become effective on or after April 30,
4805 2007.
4806 Section 87. Section 11-42-701 is enacted to read:
4807 Part 7. Guaranty and Reserve Funds
4808 11-42-701. Guaranty fund.
4809 (1) Except as provided in Section 11-42-702 , each local entity that issues assessment
4810 bonds shall:
4811 (a) create a guaranty fund, as provided in this section, to secure bonds, to the extent of
4812 the money in the fund; and
4813 (b) fund the guaranty fund by:
4814 (i) appropriations from the local entity's general fund;
4815 (ii) a property tax levy of not to exceed .0002 per dollar of taxable value of taxable
4816 property within the local entity's jurisdictional boundaries;
4817 (iii) issuing general obligation bonds; or
4818 (iv) appropriations from other sources as determined by the local entity's governing
4819 body.
4820 (2) A tax levied by a local entity under Subsection (1)(b)(ii) to fund a guaranty fund is
4821 not included for purposes of calculating the maximum levy limitation applicable to the local
4822 entity.
4823 (3) A local entity may covenant for the benefit of bond holders that, as long as the
4824 bonds are outstanding and unpaid, the local entity will:
4825 (a) create a guaranty fund as provided in this section;
4826 (b) (i) to the extent legally permissible and by any of the methods described in
4827 Subsection (1)(b), transfer each year to the guaranty fund an amount of money up to the
4828 amount the local entity would collect by levying a tax of .0002 per dollar of taxable value of
4829 taxable property within the local entity until the balance in the guaranty fund equals 10% of the
4830 amount of all outstanding bonds; and

4831 (ii) in subsequent years transfer to the guaranty fund the amount necessary to replenish
4832 or maintain the guaranty fund at 10% of the amount of all outstanding bonds; and
4833 (c) invest the funds on deposit in the guaranty fund as provided in Title 51, Chapter 7,
4834 State Money Management Act.
4835 (4) A local entity may create subaccounts within a guaranty fund for each issue of
4836 outstanding assessment bonds and refunding assessment bonds in a manner that the local
4837 entity's governing body considers appropriate to allocate among the bond issues the securities
4838 held in and interest earnings on the guaranty fund for purposes of complying with federal law.
4839 (5) A local entity may transfer to its general fund any money in its guaranty fund that
4840 exceeds 10% of the amount of all of the local entity's outstanding assessment bonds and
4841 refunding assessment bonds that are secured by the guaranty fund.
4842 (6) For purposes of Subsections (3)(b) and (5), refunding assessment bonds may not be
4843 considered outstanding until the principal of and interest and any redemption premiums on the
4844 prior bonds that are refunded by the refunding assessment bonds are fully paid or legally
4845 considered to be paid.
4846 Section 88. Section 11-42-702 is enacted to read:
4847 11-42-702. Reserve fund.
4848 (1) In lieu of creating and funding a guaranty fund under Section 11-42-701 for an
4849 issue of assessment bonds or refunding assessment bonds, a local entity may establish a reserve
4850 fund to secure the issue.
4851 (2) If a local entity establishes a reserve fund under this section:
4852 (a) the bonds secured by the reserve fund are not secured by a guaranty fund under
4853 Section 11-42-701 ;
4854 (b) the local entity is not required to fund a guaranty fund under Section 11-42-701 for
4855 those bonds; and
4856 (c) unless otherwise provided in this part or in the proceedings authorizing the issuance
4857 of bonds, the provisions of this part regarding a guaranty fund have no application to the bonds
4858 that are secured by the reserve fund.
4859 (3) Each local entity that establishes a reserve fund shall:
4860 (a) fund and replenish the reserve fund in the amounts and manner provided in the
4861 proceedings authorizing the issuance of the bonds that are secured by the reserve fund; and

4862 (b) invest the funds on deposit in the reserve fund as provided in Title 51, Chapter 7,
4863 State Money Management Act.
4864 (4) (a) Subject to Subsection (4)(b), a local entity may replenish a reserve fund under
4865 this section by any of the methods described in Subsection 11-42-701 (1)(b).
4866 (b) The proceedings authorizing the issuance of assessment bonds or refunding bonds
4867 shall provide that if a local entity uses any of the methods described in Subsection
4868 11-42-701 (1)(b) to replenish a reserve fund, the local entity shall be reimbursed, with interest
4869 at a rate that the local entity determines, with money that the local entity receives from
4870 foreclosing on delinquent property.
4871 (5) Upon the retirement of bonds secured by a reserve fund, the local entity shall:
4872 (a) terminate the reserve fund; and
4873 (b) disburse all remaining money in the fund as provided in the proceedings
4874 authorizing the issuance of the bonds.
4875 Section 89. Section 11-42-703 is enacted to read:
4876 11-42-703. Payment from guaranty fund or reserve fund if insufficient funds
4877 available in the assessment fund -- Payment by warrant from guaranty fund or reserve
4878 fund -- Subrogation.
4879 (1) If a bond is presented to the local entity for payment at a time when there is
4880 insufficient money in the assessment fund to pay the amount due, the local entity shall pay the
4881 amount due from the guaranty fund or, if applicable, reserve fund.
4882 (2) If there is insufficient money in the guaranty fund or, if applicable, the reserve fund
4883 to pay the amount due under Subsection (1), the local entity may pay by a warrant drawn
4884 against the guaranty fund or, if applicable, reserve fund.
4885 (3) If a local entity pays from its guaranty fund or reserve fund any principal or interest
4886 owing under a bond:
4887 (a) the local entity is subrogated to the rights of the bond holders; and
4888 (b) the proceeds from the bond shall become part of the guaranty fund or reserve fund,
4889 as the case may be.
4890 Section 90. Section 11-42-704 is enacted to read:
4891 11-42-704. Transfers from local entity funds to replenish guaranty fund or
4892 reserve fund.

4893 If the guaranty fund or, if applicable, the reserve fund has insufficient money for the
4894 local entity to purchase property on which it bids at a sale under Part 5, Assessment Liens, for
4895 delinquent assessments, the local entity may transfer or appropriate money from its general
4896 fund or other available sources, as the governing body determines, to replenish the guaranty
4897 fund or reserve fund.
4898 Section 91. Section 11-42-705 is enacted to read:
4899 11-42-705. Warrants to meet guaranty fund and reserve fund liabilities -- Levy to
4900 pay warrants authorized -- Limit on the levy.
4901 (1) A local entity may issue warrants, bearing interest at a rate determined by the
4902 governing body, against a guaranty fund or reserve fund to meet any financial liabilities
4903 accruing against the fund.
4904 (2) (a) If a local entity issues warrants under Subsection (1), the local entity shall,
4905 subject to Subsection (2)(b), include in its next annual tax levy an amount sufficient, with other
4906 guaranty fund or reserve fund resources, to pay all issued and outstanding warrants under
4907 Subsection (1) for all assessment areas within the local entity.
4908 (b) A levy under Subsection (2)(a):
4909 (i) may not exceed .0002 per dollar of taxable value of taxable property in the local
4910 entity; and
4911 (ii) is exempt from the statutory limit applicable to the local entity's property tax levy.
4912 Section 92. Section 11-42-706 is enacted to read:
4913 11-42-706. Validation of prior guaranty fund or reserve fund proceedings.
4914 (1) Subject to Subsection (2), all proceedings before April 30, 2007 related to the
4915 creation, maintenance, and use of a guaranty fund or reserve fund are validated, ratified, and
4916 confirmed.
4917 (2) Nothing in this section may be construed to affect the validity of a guaranty fund or
4918 reserve fund whose legality is being contested on April 30, 2007.
4919 Section 93. Section 14-1-18 is amended to read:
4920 14-1-18. Definitions -- Application of Procurement Code to payment and
4921 performance bonds.
4922 (1) (a) For purposes of this chapter, "political subdivision" means any county, city,
4923 town, school district, [public transit district, special] local district, [redevelopment] special

4924 service district, community development and renewal agency, public corporation, institution of
4925 higher education of the state, public agency of any political subdivision, and, to the extent
4926 provided by law, any other entity which expends public funds for construction.
4927 (b) For purposes of applying Section 63-56-504 to a political subdivision, "state"
4928 includes "political subdivision."
4929 (2) Section 63-56-504 applies to all contracts for the construction, alteration, or repair
4930 of any public building or public work of the state or a political subdivision of the state.
4931 Section 94. Section 15-7-2 is amended to read:
4932 15-7-2. Definitions.
4933 As used in this chapter:
4934 (1) "Authorized officer" means any individual required or permitted by any law or by
4935 the issuing public entity to execute on behalf of the public entity, a certificated registered
4936 public obligation or a writing relating to an uncertificated registered public obligation.
4937 (2) "Certificated registered public obligation" means a registered public obligation
4938 which is represented by an instrument.
4939 (3) "Code" means the Internal Revenue Code of 1954.
4940 (4) "Facsimile seal" means the reproduction by engraving, imprinting, stamping, or
4941 other means of the seal of the issuer, official, or official body.
4942 (5) "Facsimile signature" means the reproduction by engraving, imprinting, stamping,
4943 or other means of a manual signature.
4944 (6) "Financial intermediary" means a bank, broker, clearing corporation or other
4945 person, or the nominee of any of them, which in the ordinary course of its business maintains
4946 registered public obligation accounts for its customers.
4947 (7) "Issuer" means a public entity which issues an obligation.
4948 (8) "Obligation" means an agreement by a public entity to pay principal and any
4949 interest on the obligation, whether in the form of a contract to repay borrowed money, a lease,
4950 an installment purchase agreement, or otherwise, and includes a share, participation, or other
4951 interest in any such agreement.
4952 (9) "Official actions" means the actions by statute, order, ordinance, resolution,
4953 contract, or other authorized means by which the issuer provides for issuance of a registered
4954 public obligation.

4955 (10) "Official" or "official body" means the person or group of persons that is
4956 empowered to provide for the original issuance of an obligation of the issuer, by defining the
4957 obligation and its terms, conditions, and other incidents, or to perform duties with respect to a
4958 registered public obligation and any successor of such person or group of persons.
4959 (11) "Public entity" means any entity, department, or agency which is empowered
4960 under the laws of one or more states, territories, possessions of the United States or the District
4961 of Columbia, including this state, to issue obligations any interest with respect to which may,
4962 under any provision of law, be provided an exemption from the income tax referred to in the
4963 Code. The term "public entity" includes, without limitation, this state, an entity deriving
4964 powers from and acting pursuant to a state constitution or legislative act, a county, city, town, a
4965 municipal corporation, a quasi-municipal corporation, a state university or college, a school
4966 district, a special service district [or other special], a local district, [an improvement district, a
4967 water conservancy district, a metropolitan water district, a drainage district, an irrigation
4968 district, a fire protection district,] a separate legal or administrative entity created under the
4969 Interlocal Cooperation Act or other joint agreement entity, a [redevelopment] community
4970 development and renewal agency, any other political subdivision, a public authority or public
4971 agency, a public trust, a nonprofit corporation, or other organizations.
4972 (12) "Registered public obligation" means an obligation issued by a public entity which
4973 is issued pursuant to a system of registration.
4974 (13) "System of registration" and its variants means a plan that provides:
4975 (a) with respect to a certificated registered public obligation, that:
4976 (i) the certificated registered public obligation specifies a person entitled to the
4977 registered public obligation and the rights it represents[,]; and [that]
4978 (ii) transfer of the certificated registered public obligation and the rights it represents
4979 may be registered upon books maintained for that purpose by or on behalf of the issuer; and
4980 (b) with respect to an uncertificated registered public obligation, that:
4981 (i) books maintained by or on behalf of the issuer for the purpose of registration of the
4982 transfer of a registered public obligation specify a person entitled to the registered public
4983 obligation and the rights evidenced by it; and [that]
4984 (ii) transfer of the uncertificated registered public obligation and the rights evidenced
4985 by it be registered upon such books.

4986 (14) "Uncertificated registered public obligation" means a registered public obligation
4987 which is not represented by an instrument.
4988 Section 95. Section 17-23-17 is amended to read:
4989 17-23-17. Map of boundary survey -- Procedure for filing -- Contents -- Marking
4990 of monuments -- Record of corner changes -- Penalties.
4991 (1) As used in this section, "land surveyor" means a surveyor who is licensed to
4992 practice land surveying in this state in accordance with Title 58, Chapter 22, Professional
4993 Engineers and Professional Land Surveyors Licensing Act.
4994 (2) (a) (i) Each land surveyor making a boundary survey of lands within this state to
4995 establish or reestablish a boundary line or to obtain data for constructing a map or plat showing
4996 a boundary line shall file a map of the survey that meets the requirements of this section with
4997 the county surveyor or designated office within 90 days of the establishment or reestablishment
4998 of a boundary.
4999 (ii) A land surveyor who fails to file a map of the survey as required by Subsection
5000 (2)(a)(i) is guilty of a class C misdemeanor.
5001 (iii) Each failure to file a map of the survey as required by Subsection (2)(a)(i) is a
5002 separate violation.
5003 (b) The county surveyor or designated office shall file and index the map of the survey.
5004 (c) The map shall be a public record in the office of the county surveyor or designated
5005 office.
5006 (3) This type of map shall show:
5007 (a) the location of survey by quarter section and township and range;
5008 (b) the date of survey;
5009 (c) the scale of drawing and north point;
5010 (d) the distance and course of all lines traced or established, giving the basis of bearing
5011 and the distance and course to two or more section corners or quarter corners, including
5012 township and range, or to identified monuments within a recorded subdivision;
5013 (e) all measured bearings, angles, and distances separately indicated from those of
5014 record;
5015 (f) a written boundary description of property surveyed;
5016 (g) all monuments set and their relation to older monuments found;

5017 (h) a detailed description of monuments found and monuments set, indicated
5018 separately;
5019 (i) the surveyor's seal or stamp; and
5020 (j) the surveyor's business name and address.
5021 (4) (a) The map shall contain a written narrative that explains and identifies:
5022 (i) the purpose of the survey;
5023 (ii) the basis on which the lines were established; and
5024 (iii) the found monuments and deed elements that controlled the established or
5025 reestablished lines.
5026 (b) If the narrative is a separate document, it shall contain:
5027 (i) the location of the survey by quarter section and by township and range;
5028 (ii) the date of the survey;
5029 (iii) the surveyor's stamp or seal; and
5030 (iv) the surveyor's business name and address.
5031 (c) The map and narrative shall be referenced to each other if they are separate
5032 documents.
5033 (5) The map and narrative shall be created on material of a permanent nature on stable
5034 base reproducible material in the sizes required by the county surveyor.
5035 (6) (a) Any monument set by a licensed professional land surveyor to mark or reference
5036 a point on a property or land line shall be durably and visibly marked or tagged with the
5037 registered business name or the letters "L.S." followed by the registration number of the
5038 surveyor in charge.
5039 (b) If the monument is set by a licensed land surveyor who is a public officer, it shall
5040 be marked with the official title of the office.
5041 (7) (a) If, in the performance of a survey, a surveyor finds or makes any changes to the
5042 section corner or quarter-section corner, or their accessories, the surveyor shall complete and
5043 submit to the county surveyor or designated office a record of the changes made.
5044 (b) The record shall be submitted within 45 days of the corner visits and shall include
5045 the surveyor's seal, business name, and address.
5046 (8) The Utah State Board of Engineers and Land Surveyors Examiners may revoke the
5047 license of any land surveyor who fails to comply with the requirements of this section,

5048 according to the procedures set forth in Title 58, Chapter 1, Division of Occupational and
5049 Professional Licensing Act.
5050 (9) Each federal or state agency, board, or commission, [special] local district, special
5051 service district, or municipal corporation that makes a boundary survey of lands within this
5052 state shall comply with this section.
5053 Section 96. Section 17-27a-103 is amended to read:
5054 17-27a-103. Definitions.
5055 As used in this chapter:
5056 (1) "Affected entity" means a county, municipality, [independent special district under
5057 Title 17A, Chapter 2, Independent Special Districts,] local district [under Title 17B, Chapter 2,
5058 Local Districts], special service district under Title 17A, Chapter 2, Part 13, Utah Special
5059 Service District Act, school district, interlocal cooperation entity established under Title 11,
5060 Chapter 13, Interlocal Cooperation Act, specified property owner, property owners association,
5061 public utility, or the Utah Department of Transportation, if:
5062 (a) the entity's services or facilities are likely to require expansion or significant
5063 modification because of an intended use of land;
5064 (b) the entity has filed with the county a copy of the entity's general or long-range plan;
5065 or
5066 (c) the entity has filed with the county a request for notice during the same calendar
5067 year and before the county provides notice to an affected entity in compliance with a
5068 requirement imposed under this chapter.
5069 (2) "Appeal authority" means the person, board, commission, agency, or other body
5070 designated by ordinance to decide an appeal of a decision of a land use application or a
5071 variance.
5072 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
5073 residential property if the sign is designed or intended to direct attention to a business, product,
5074 or service that is not sold, offered, or existing on the property where the sign is located.
5075 (4) "Charter school" includes:
5076 (a) an operating charter school;
5077 (b) a charter school applicant that has its application approved by a chartering entity in
5078 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and

5079 (c) an entity who is working on behalf of a charter school or approved charter applicant
5080 to develop or construct a charter school building.
5081 (5) "Chief executive officer" means the person or body that exercises the executive
5082 powers of the county.
5083 (6) "Conditional use" means a land use that, because of its unique characteristics or
5084 potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
5085 compatible in some areas or may be compatible only if certain conditions are required that
5086 mitigate or eliminate the detrimental impacts.
5087 (7) "Constitutional taking" means a governmental action that results in a taking of
5088 private property so that compensation to the owner of the property is required by the:
5089 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
5090 (b) Utah Constitution Article I, Section 22.
5091 (8) "Culinary water authority" means the department, agency, or public entity with
5092 responsibility to review and approve the feasibility of the culinary water system and sources for
5093 the subject property.
5094 (9) (a) "Disability" means a physical or mental impairment that substantially limits one
5095 or more of a person's major life activities, including a person having a record of such an
5096 impairment or being regarded as having such an impairment.
5097 (b) "Disability" does not include current illegal use of, or addiction to, any federally
5098 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
5099 802.
5100 (10) "Elderly person" means a person who is 60 years old or older, who desires or
5101 needs to live with other elderly persons in a group setting, but who is capable of living
5102 independently.
5103 (11) "Gas corporation" has the same meaning as defined in Section 54-2-1 .
5104 (12) "General plan" means a document that a county adopts that sets forth general
5105 guidelines for proposed future development of the unincorporated land within the county.
5106 (13) "Identical plans" means building plans submitted to a county that are substantially
5107 identical building plans that were previously submitted to and reviewed and approved by the
5108 county and describe a building that is:
5109 (a) located on land zoned the same as the land on which the building described in the

5110 previously approved plans is located; and
5111 (b) subject to the same geological and meteorological conditions and the same law as
5112 the building described in the previously approved plans.
5113 (14) "Interstate pipeline company" means a person or entity engaged in natural gas
5114 transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
5115 the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
5116 (15) "Intrastate pipeline company" means a person or entity engaged in natural gas
5117 transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
5118 Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
5119 (16) "Land use application" means an application required by a county's land use
5120 ordinance.
5121 (17) "Land use authority" means a person, board, commission, agency, or other body
5122 designated by the local legislative body to act upon a land use application.
5123 (18) "Land use ordinance" means a planning, zoning, development, or subdivision
5124 ordinance of the county, but does not include the general plan.
5125 (19) "Land use permit" means a permit issued by a land use authority.
5126 (20) "Legislative body" means the county legislative body, or for a county that has
5127 adopted an alternative form of government, the body exercising legislative powers.
5128 (21) "Local district" means any entity under Title 17B, Limited Purpose Local
5129 Government Entities - Local Districts, and any other governmental or quasi-governmental
5130 entity that is not a county, municipality, school district, or unit of the state.
5131 [(21)] (22) "Lot line adjustment" means the relocation of the property boundary line in
5132 a subdivision between two adjoining lots with the consent of the owners of record.
5133 [(22)] (23) "Moderate income housing" means housing occupied or reserved for
5134 occupancy by households with a gross household income equal to or less than 80% of the
5135 median gross income for households of the same size in the county in which the housing is
5136 located.
5137 [(23)] (24) "Nominal fee" means a fee that reasonably reimburses a county only for
5138 time spent and expenses incurred in:
5139 (a) verifying that building plans are identical plans; and
5140 (b) reviewing and approving those minor aspects of identical plans that differ from the

5141 previously reviewed and approved building plans.
5142 [(24)] (25) "Noncomplying structure" means a structure that:
5143 (a) legally existed before its current land use designation; and
5144 (b) because of one or more subsequent land use ordinance changes, does not conform
5145 to the setback, height restrictions, or other regulations, excluding those regulations that govern
5146 the use of land.
5147 [(25)] (26) "Nonconforming use" means a use of land that:
5148 (a) legally existed before its current land use designation;
5149 (b) has been maintained continuously since the time the land use ordinance regulation
5150 governing the land changed; and
5151 (c) because of one or more subsequent land use ordinance changes, does not conform
5152 to the regulations that now govern the use of the land.
5153 [(26)] (27) "Official map" means a map drawn by county authorities and recorded in
5154 the county recorder's office that:
5155 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
5156 highways and other transportation facilities;
5157 (b) provides a basis for restricting development in designated rights-of-way or between
5158 designated setbacks to allow the government authorities time to purchase or otherwise reserve
5159 the land; and
5160 (c) has been adopted as an element of the county's general plan.
5161 [(27)] (28) "Person" means an individual, corporation, partnership, organization,
5162 association, trust, governmental agency, or any other legal entity.
5163 [(28)] (29) "Plan for moderate income housing" means a written document adopted by
5164 a county legislative body that includes:
5165 (a) an estimate of the existing supply of moderate income housing located within the
5166 county;
5167 (b) an estimate of the need for moderate income housing in the county for the next five
5168 years as revised biennially;
5169 (c) a survey of total residential land use;
5170 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
5171 income housing; and

5172 (e) a description of the county's program to encourage an adequate supply of moderate
5173 income housing.
5174 [(29)] (30) "Plat" means a map or other graphical representation of lands being laid out
5175 and prepared in accordance with Section 17-27a-603 , 17-23-17 , or 57-8-13 .
5176 [(30)] (31) "Public hearing" means a hearing at which members of the public are
5177 provided a reasonable opportunity to comment on the subject of the hearing.
5178 [(31)] (32) "Public meeting" means a meeting that is required to be open to the public
5179 under Title 52, Chapter 4, Open and Public Meetings Act.
5180 [(32)] (33) "Record of survey map" means a map of a survey of land prepared in
5181 accordance with Section 17-23-17 .
5182 [(33)] (34) "Residential facility for elderly persons" means a single-family or
5183 multiple-family dwelling unit that meets the requirements of Section 17-27a-515 , but does not
5184 include a health care facility as defined by Section 26-21-2 .
5185 [(34)] (35) "Residential facility for persons with a disability" means a residence:
5186 (a) in which more than one person with a disability resides; and
5187 (b) (i) is licensed or certified by the Department of Human Services under Title 62A,
5188 Chapter 2, Licensure of Programs and Facilities; or
5189 (ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
5190 Health Care Facility Licensing and Inspection Act.
5191 [(35)] (36) "Sanitary sewer authority" means the department, agency, or public entity
5192 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
5193 wastewater systems.
5194 [(36) "Special district" means any entity established under the authority of Title 17A,
5195 Special Districts, and any other governmental or quasi-governmental entity that is not a county,
5196 municipality, school district, or unit of the state.]
5197 (37) "Specified public utility" means an electrical corporation, gas corporation, or
5198 telephone corporation, as those terms are defined in Section 54-2-1 .
5199 (38) "Street" means a public right-of-way, including a highway, avenue, boulevard,
5200 parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
5201 way.
5202 (39) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be

5203 divided into two or more lots, parcels, sites, units, plots, or other division of land for the
5204 purpose, whether immediate or future, for offer, sale, lease, or development either on the
5205 installment plan or upon any and all other plans, terms, and conditions.
5206 (b) "Subdivision" includes:
5207 (i) the division or development of land whether by deed, metes and bounds description,
5208 devise and testacy, map, plat, or other recorded instrument; and
5209 (ii) except as provided in Subsection (39)(c), divisions of land for residential and
5210 nonresidential uses, including land used or to be used for commercial, agricultural, and
5211 industrial purposes.
5212 (c) "Subdivision" does not include:
5213 (i) a bona fide division or partition of agricultural land for agricultural purposes;
5214 (ii) a recorded agreement between owners of adjoining properties adjusting their
5215 mutual boundary if:
5216 (A) no new lot is created; and
5217 (B) the adjustment does not violate applicable land use ordinances;
5218 (iii) a recorded document, executed by the owner of record:
5219 (A) revising the legal description of more than one contiguous unsubdivided parcel of
5220 property into one legal description encompassing all such parcels of property; or
5221 (B) joining a subdivided parcel of property to another parcel of property that has not
5222 been subdivided, if the joinder does not violate applicable land use ordinances;
5223 (iv) a bona fide division or partition of land in a county other than a first class county
5224 for the purpose of siting, on one or more of the resulting separate parcels:
5225 (A) an unmanned facility appurtenant to a pipeline owned or operated by a gas
5226 corporation, interstate pipeline company, or intrastate pipeline company; or
5227 (B) an unmanned telecommunications, microwave, fiber optic, electrical, or other
5228 utility service regeneration, transformation, retransmission, or amplification facility; or
5229 (v) a recorded agreement between owners of adjoining subdivided properties adjusting
5230 their mutual boundary if:
5231 (A) no new dwelling lot or housing unit will result from the adjustment; and
5232 (B) the adjustment will not violate any applicable land use ordinance.
5233 (d) The joining of a subdivided parcel of property to another parcel of property that has

5234 not been subdivided does not constitute a subdivision under this Subsection (39) as to the
5235 unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
5236 ordinance.
5237 (40) "Township" means a contiguous, geographically defined portion of the
5238 unincorporated area of a county, established under this part or reconstituted or reinstated under
5239 Section 17-27a-306 , with planning and zoning functions as exercised through the township
5240 planning commission, as provided in this chapter, but with no legal or political identity
5241 separate from the county and no taxing authority, except that "township" means a former
5242 township under Chapter 308, Laws of Utah 1996 where the context so indicates.
5243 (41) "Unincorporated" means the area outside of the incorporated area of a
5244 municipality.
5245 (42) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
5246 land use zones, overlays, or districts.
5247 Section 97. Section 17-27a-305 is amended to read:
5248 17-27a-305. Other entities required to conform to county's land use ordinances --
5249 Exceptions -- School districts and charter schools.
5250 (1) (a) Each county, municipality, school district, charter school, [special] local district,
5251 special service district, and political subdivision of the state shall conform to any applicable
5252 land use ordinance of any county when installing, constructing, operating, or otherwise using
5253 any area, land, or building situated within the unincorporated portion of the county.
5254 (b) In addition to any other remedies provided by law, when a county's land use
5255 ordinance is violated or about to be violated by another political subdivision, that county may
5256 institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
5257 prevent, enjoin, abate, or remove the improper installation, improvement, or use.
5258 (2) (a) Except as provided in Subsection (3), a school district or charter school is
5259 subject to a county's land use ordinances.
5260 (b) (i) Notwithstanding Subsection (3), a county may subject a charter school to
5261 standards within each zone pertaining to setback, height, bulk and massing regulations, off-site
5262 parking, curb cut, traffic circulation, and construction staging.
5263 (ii) The standards to which a county may subject a charter school under Subsection
5264 (2)(b)(i) shall be objective standards only and may not be subjective.

5265 (iii) Except as provided in Subsection (7)(d), the only basis upon which a county may
5266 deny or withhold approval of a charter school's land use application is the charter school's
5267 failure to comply with a standard imposed under Subsection (2)(b)(i).
5268 (iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of an
5269 obligation to comply with a requirement of an applicable building or safety code to which it is
5270 otherwise obligated to comply.
5271 (3) A county may not:
5272 (a) impose requirements for landscaping, fencing, aesthetic considerations,
5273 construction methods or materials, building codes, building use for educational purposes, or the
5274 placement or use of temporary classroom facilities on school property;
5275 (b) except as otherwise provided in this section, require a school district or charter
5276 school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
5277 school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
5278 children and not located on or contiguous to school property, unless the roadway or sidewalk is
5279 required to connect an otherwise isolated school site to an existing roadway;
5280 (c) require a district or charter school to pay fees not authorized by this section;
5281 (d) provide for inspection of school construction or assess a fee or other charges for
5282 inspection, unless the school district or charter school is unable to provide for inspection by an
5283 inspector, other than the project architect or contractor, who is qualified under criteria
5284 established by the state superintendent;
5285 (e) require a school district or charter school to pay any impact fee for an improvement
5286 project that is not reasonably related to the impact of the project upon the need that the
5287 improvement is to address; or
5288 (f) impose regulations upon the location of a project except as necessary to avoid
5289 unreasonable risks to health or safety.
5290 (4) Subject to Section 53A-20-108 , a school district or charter school shall coordinate
5291 the siting of a new school with the county in which the school is to be located, to:
5292 (a) avoid or mitigate existing and potential traffic hazards, including consideration of
5293 the impacts between the new school and future highways; and
5294 (b) to maximize school, student, and site safety.
5295 (5) Notwithstanding Subsection (3)(d), a county may, at its discretion:

5296 (a) provide a walk-through of school construction at no cost and at a time convenient to
5297 the district or charter school; and
5298 (b) provide recommendations based upon the walk-through.
5299 (6) (a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
5300 (i) a county building inspector;
5301 (ii) a school district building inspector; or
5302 (iii) an independent, certified building inspector who is:
5303 (A) not an employee of the contractor;
5304 (B) approved by a county building inspector or a school district building inspector; and
5305 (C) licensed to perform the inspection that the inspector is requested to perform.
5306 (b) The approval under Subsection (6)(a)(iii)(B) may not be unreasonably withheld.
5307 (c) If a school district or charter school uses an independent building inspector under
5308 Subsection (6)(a)(iii), the school district or charter school shall submit to the state
5309 superintendent of public instruction, on a monthly basis during construction of the school
5310 building, a copy of each inspection certificate regarding the school building.
5311 (7) (a) A charter school shall be considered a permitted use in all zoning districts
5312 within a county.
5313 (b) Each land use application for any approval required for a charter school, including
5314 an application for a building permit, shall be processed on a first priority basis.
5315 (c) Parking requirements for a charter school may not exceed the minimum parking
5316 requirements for schools or other institutional public uses throughout the county.
5317 (d) If a county has designated zones for a sexually oriented business, or a business
5318 which sells alcohol, a charter school may be prohibited from a location which would otherwise
5319 defeat the purpose for the zone unless the charter school provides a waiver.
5320 (e) (i) A school district or a charter school may seek a certificate authorizing permanent
5321 occupancy of a school building from:
5322 (A) the state superintendent of public instruction, as provided in Subsection
5323 53A-20-104 (3), if the school district or charter school used an independent building inspector
5324 for inspection of the school building; or
5325 (B) a county official with authority to issue the certificate, if the school district or
5326 charter school used a county building inspector for inspection of the school building.

5327 (ii) A school district may issue its own certificate authorizing permanent occupancy of
5328 a school building if it used its own building inspector for inspection of the school building,
5329 subject to the notification requirement of Subsection 53A-20-104 (3)(a)(ii).
5330 (iii) A charter school may seek a certificate authorizing permanent occupancy of a
5331 school building from a school district official with authority to issue the certificate, if the
5332 charter school used a school district building inspector for inspection of the school building.
5333 (iv) A certificate authorizing permanent occupancy issued by the state superintendent
5334 of public instruction under Subsection 53A-20-104 (3) or a school district official with authority
5335 to issue the certificate shall be considered to satisfy any county requirement for an inspection or
5336 a certificate of occupancy.
5337 Section 98. Section 17-35b-302 is amended to read:
5338 17-35b-302. Urban county structural form of county government.
5339 (1) The structural form of county government known as the "urban county" form
5340 retains, without change or modification, except to the extent that changes or modifications may
5341 be effectuated under other proceedings authorized by law, all existing incorporated cities and
5342 towns, special taxing districts, public authorities, [county] service areas, and other local public
5343 entities functioning within the boundaries of the county. Under this form of government, the
5344 county remains vested with all powers and duties vested in counties by general law, but in
5345 addition is vested with and empowered to exercise within the unincorporated territory of the
5346 county all powers and duties which, by general law, are conferred upon cities whose population
5347 is equal to that of the unincorporated territory of such county.
5348 (2) The urban county is empowered to enter into contractual arrangements for the joint
5349 exercise of powers or for performance of services and, for that purpose, may employ and be
5350 subject to the provisions of Title 11, Chapter 13, Interlocal Cooperation Act. By contract, the
5351 urban county may perform for any city, town, special taxing district, public authority, [county]
5352 service area, or other local public entity within the county any governmental service or function
5353 which such entity is lawfully empowered to perform for itself within its own territory, or which
5354 the county is lawfully empowered to perform anywhere within the county boundaries. No
5355 contract service or function shall be performed by the county except for a consideration which
5356 is at least substantially equal to the cost of performing it.
5357 (3) The plan for an urban county form of county government may provide for

5358 organization of the unincorporated territory of the county into one or more [county] service
5359 areas and, for this purpose, may provide for special organizing or implementing procedures
5360 which differ from those provided in Title [17A] 17B, Chapter [2] 2a, Part [4, County] 9,
5361 Service [Areas] Area Act. Except to the extent that the plan provides to the contrary, all
5362 noncontract services and functions lawfully performed by the county solely within
5363 unincorporated territory and not on a countywide basis shall, after the effective date of the plan,
5364 be considered performed and extended solely as services of, and financed by and through, the
5365 county service area. The plan may provide for, limit, or condition the services and functions
5366 which the urban county is authorized to perform and extend within the territory of incorporated
5367 cities and towns within the county and may provide procedures by which such provisions,
5368 limits, or conditions may be established and changed from time to time.
5369 (4) The plan for the urban county shall provide for the election of a county council,
5370 composed of not less than three members. The council shall be the county legislative body and
5371 shall exercise all legislative powers authorized by law. The plan shall specify:
5372 (a) whether the members of the council are to be elected from districts, at large, or by a
5373 combination of district and at-large constituencies;
5374 (b) their qualifications and terms of office, and whether such terms are concurrent or
5375 overlapping;
5376 (c) grounds for and methods for removal of council members from office;
5377 (d) procedures for filling vacancies on the council, provided that the procedures shall
5378 conform with Section 20A-1-508 ; and
5379 (e) the compensation, if any, of council members together with procedures for
5380 prescribing and changing such compensation from time to time.
5381 Section 99. Section 17-35b-303 is amended to read:
5382 17-35b-303. Community council form of county government.
5383 (1) The structural form of county government known as the "community council" form
5384 unites in a single consolidated city and county government the powers, duties, and functions
5385 which, immediately prior to its effective date, are vested in the county, the largest city in the
5386 county, such other cities and towns as elect to merge in it, and all special taxing districts, public
5387 authorities, [county] service areas, and other local public entities functioning within the
5388 boundaries of the county, except school districts. The consolidated government shall have

5389 power to extend on a countywide basis any governmental service or function which is
5390 authorized by law or which the previous county, cities, and other local public agencies included
5391 therein were empowered to provide for their residents, but no such service shall be provided
5392 within an incorporated municipality which continues to provide that service for its own
5393 inhabitants, except upon a contract basis for the municipality, and no taxes, assessments, fees,
5394 or other charges shall be extended or collected within the municipality for the purpose of
5395 financing any service which is not provided by the consolidated government within the
5396 municipality. "Largest city," as used in this section, means a city or cities the population of
5397 which, as shown by the most recent decennial or special census, exceeds 35% of the total
5398 county population.
5399 (2) The incorporated cities and towns, other than the largest city, in the county shall
5400 retain independent corporate existence and shall continue to provide local services to their
5401 inhabitants of the type and to the extent provided in the plan, but any such city or town, by
5402 majority vote of its qualified voters, cast either concurrently with the election at which the plan
5403 is approved or subsequently to it, as provided by the governing body of the city or town, may
5404 cause the city or town to be dissolved and its powers, duties, and functions vested in the
5405 countywide government.
5406 (3) The county legislative body of the countywide government shall be a council
5407 composed of not less than five persons as specified in the plan, elected respectively from
5408 communities, which collectively include all of the territory within the county, having
5409 boundaries described in the plan embracing substantially equal populations. In addition to
5410 other powers vested in the countywide government by law or pursuant to this act, the county
5411 council shall have all of the legislative and policymaking powers which it is possible for the
5412 governing body of a county or a city to possess and which are not expressly denied by the
5413 constitution, by a general law applicable to all cities or all counties, or by a specific restriction
5414 in the plan itself.
5415 (4) The voters of each community shall elect a community council composed of the
5416 community's elected member of the county council, who shall be chairman of the community
5417 council, and not less than two nor more than four additional members elected either from
5418 districts of substantially equal population within the community, or at large therein, as may be
5419 provided in the plan. A community council shall have the power and duty, in conformity with

5420 guidelines prescribed by the county council, to adopt policies and formulate specific programs
5421 relating to and defining the kinds and levels of local governmental services necessary to satisfy
5422 the needs and desires of the citizens within the community, but a community council shall have
5423 no power to engage personnel or to acquire facilities, property, or equipment for the
5424 administration or performance of such services. Authorized programs for local governmental
5425 services which have been approved by a community council shall be submitted to the county
5426 council for implementation and shall be carried into effect by the county council and county
5427 executive unless, by a vote of not less than 3/4 of its entire membership, the county council
5428 determines that a particular program, in whole or in part, should be rejected as contrary to the
5429 general welfare of the county. A community council program for local governmental services
5430 within a community:
5431 (a) shall include a method or methods for financing such services;
5432 (b) may provide for supplying of such services by contract or by joint or cooperative
5433 action pursuant to Title 11, Chapter 13, Interlocal Cooperation Act, in which case the
5434 community council shall be considered a "public agency" within the meaning of said act; and
5435 (c) may provide for supplying of such services through the creation of [county] service
5436 areas pursuant to Title [17A] 17B, Chapter [2] 2a, Part [4, County] 9, Service Area Act.
5437 (5) Notwithstanding Subsection (4) [of this section], in any community which includes,
5438 in whole or in part, the territory of a city or town, no community council program for local
5439 government services above the minimum level of area-wide services provided countywide may
5440 be submitted to the county council for implementation unless it first is submitted to the
5441 governing body of each such city or town for review. Within 30 days after such submission, the
5442 governing body of the city or town:
5443 (a) may file with the community council a written statement of its comments,
5444 suggestions, and recommendations relating to the program, and the community council shall
5445 give due consideration thereto; or
5446 (b) may, by resolution or ordinance, provide that any designated part of the community
5447 council program relating to a service to be provided within the city or town shall be submitted
5448 to the voters thereof at a general or special election to be held therein within 60 days after the
5449 date of the resolution or ordinance. Any part of the program submitted to the voters of a city or
5450 town under this Subsection (5) shall not be included in the program as submitted to the county

5451 council unless it receives an approving vote at such election by majority of all votes cast on the
5452 question.
5453 (6) Except as provided herein, the qualifications, mode of election, term of office,
5454 method of removal, procedure to fill vacancies, compensation, and other appropriate provisions
5455 relating to membership on the county council or community councils shall be provided in the
5456 plan.
5457 (7) Upon the effective date of the plan and as provided in it, all properties and assets,
5458 whether tangible or intangible, and all obligations, debts, and liabilities, of those governmental
5459 entities which are merged into the new countywide government shall become vested and
5460 transferred by operation of law in and to the new countywide government. The properties,
5461 assets, obligations, debts, and liabilities of any city or town not merged into the new
5462 countywide government, so far as allocated, used, or incurred primarily to discharge a function
5463 which under the plan will no longer be a responsibility of the city or town, shall likewise be
5464 vested in and transferred to the new countywide government. All transfers under this
5465 Subsection (7) shall be subject to equitable adjustments, conditions, and limitations provided in
5466 the plan and determined by procedures specified in the plan, but the contractual rights of any
5467 bondholder or creditor shall not be impaired.
5468 (8) Upon the effective date of the plan and as provided in it, nonelective officers and
5469 employees of governmental entities which are merged into the new countywide government
5470 and such officers and employees of nonmerged cities or towns whose qualifications and duties
5471 relate primarily to functions which under the plan will no longer be a responsibility of those
5472 cities or towns, shall be blanketed in and transferred to the new countywide government as
5473 officers and employees of it. Standards and procedures relating to such personnel transfers, and
5474 for resolving disputes or grievances relating thereto, shall be provided in the plan.
5475 Section 100. Section 17-36-9 is amended to read:
5476 17-36-9. Budget -- Financial plan -- Contents -- Municipal services and capital
5477 projects funds.
5478 (1) (a) The budget for each fund shall provide a complete financial plan for the budget
5479 period and shall contain in tabular form classified by the account titles as required by the
5480 uniform system of budgeting, accounting, and reporting:
5481 (i) estimates of all anticipated revenues;

5482 (ii) all appropriations for expenditures; and
5483 (iii) any additional data required by Section 17-36-10 or by the uniform system of
5484 budgeting, accounting, and reporting.
5485 (b) The total of appropriated expenditures shall be equal to the total of anticipated
5486 revenues.
5487 (2) (a) Each first-, second-, and third-class county that provides municipal-type
5488 services under Section 17-34-1 shall:
5489 (i) establish a special revenue fund, "Municipal Services Fund," and a capital projects
5490 fund, "Municipal Capital Projects Fund," or establish a [special] local district or special service
5491 district to provide municipal services; and
5492 (ii) budget appropriations for municipal services and municipal capital projects from
5493 these funds.
5494 (b) The Municipal Services Fund is subject to the same budgetary requirements as the
5495 county's general fund.
5496 (c) (i) Except as provided in Subsection (2)(c)(ii), the county may deposit revenue
5497 derived from any taxes otherwise authorized by law, income derived from the investment of
5498 money contained within the municipal services fund and the municipal capital projects fund,
5499 the appropriate portion of federal money, and fees collected into a municipal services fund and
5500 a municipal capital projects fund.
5501 (ii) The county may not deposit revenue derived from a fee, tax, or other source based
5502 upon a countywide assessment or from a countywide service or function into a municipal
5503 services fund or a municipal capital projects fund.
5504 (d) The maximum accumulated unappropriated surplus in the municipal services fund,
5505 as determined prior to adoption of the tentative budget, may not exceed an amount equal to the
5506 total estimated revenues of the current fiscal period.
5507 Section 101. Section 17-36-29 is amended to read:
5508 17-36-29. Special fund ceases -- Transfer.
5509 If the necessity to maintain any special fund ceases and there is a balance in such fund,
5510 the governing body shall authorize the transfer of the balance to the fund balance account in the
5511 General Fund. Any balance which remains in a special assessment fund and any unrequired
5512 balance in a special improvement guaranty fund shall be treated as provided in [Section

5513 17A-3-341 ] Subsection 11-42-701 (5). Any balance which remains in a capital projects fund
5514 shall be transferred to the appropriate debt service fund or such other fund as the bond
5515 ordinance requires or to the general fund balance account.
5516 Section 102. Section 17-41-101 is amended to read:
5517 17-41-101. Definitions.
5518 As used in this chapter:
5519 (1) "Advisory board" means:
5520 (a) for an agriculture protection area, the agriculture protection area advisory board
5521 created as provided in Section 17-41-201 ; and
5522 (b) for an industrial protection area, the industrial protection area advisory board
5523 created as provided in Section 17-41-201 .
5524 (2) (a) "Agriculture production" means production for commercial purposes of crops,
5525 livestock, and livestock products.
5526 (b) "Agriculture production" includes the processing or retail marketing of any crops,
5527 livestock, and livestock products when more than 50% of the processed or merchandised
5528 products are produced by the farm operator.
5529 (3) "Agriculture protection area" means a geographic area created under the authority
5530 of this chapter that is granted the specific legal protections contained in this chapter.
5531 (4) "Applicable legislative body" means:
5532 (a) with respect to a proposed agriculture protection area or industrial protection area:
5533 (i) the legislative body of the county in which the land proposed to be included in an
5534 agriculture protection area or industrial protection area is located, if the land is within the
5535 unincorporated part of the county; or
5536 (ii) the legislative body of the city or town in which the land proposed to be included in
5537 an agriculture protection area or industrial protection area is located; and
5538 (b) with respect to an existing agriculture protection area or industrial protection area:
5539 (i) the legislative body of the county in which the agriculture protection area or
5540 industrial protection area is located, if the agriculture protection area or industrial protection
5541 area is within the unincorporated part of the county; or
5542 (ii) the legislative body of the city or town in which the agriculture protection area or
5543 industrial protection area is located.

5544 (5) "Crops, livestock, and livestock products" includes:
5545 (a) land devoted to the raising of useful plants and animals with a reasonable
5546 expectation of profit, including:
5547 (i) forages and sod crops;
5548 (ii) grains and feed crops;
5549 (iii) livestock as defined in Subsection 59-2-102 [(26)] (27)(d);
5550 (iv) trees and fruits; or
5551 (v) vegetables, nursery, floral, and ornamental stock; or
5552 (b) land devoted to and meeting the requirements and qualifications for payments or
5553 other compensation under a crop-land retirement program with an agency of the state or federal
5554 government.
5555 (6) "Industrial protection area" means a geographic area created under the authority of
5556 this chapter that is granted the specific legal protections contained in this chapter.
5557 (7) (a) "Municipal" means of or relating to a city or town.
5558 (b) "Municipality" means a city or town.
5559 (8) "Planning commission" means:
5560 (a) a countywide planning commission if the land proposed to be included in the
5561 agriculture protection area or industrial protection area is within the unincorporated part of the
5562 county and not within a township;
5563 (b) a township planning commission if the land proposed to be included in the
5564 agriculture protection area or industrial protection area is within a township; or
5565 (c) a planning commission of a city or town if the land proposed to be included in the
5566 agriculture protection area or industrial protection area is within a city or town.
5567 (9) "Political subdivision" means a county, city, town, school district, [or special] local
5568 district, or special service district.
5569 (10) "Proposal sponsors" means the owners of land in agricultural production or
5570 industrial use who are sponsoring the proposal for creating an agriculture protection area or
5571 industrial protection area, respectively.
5572 (11) "State agency" means each department, commission, board, council, agency,
5573 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
5574 unit, bureau, panel, or other administrative unit of the state.

5575 (12) "Unincorporated" means not within a city or town.
5576 Section 103. Section 17-43-201 is amended to read:
5577 17-43-201. Local substance abuse authorities -- Responsibilities.
5578 (1) (a) (i) In each county operating under a county executive-council form of
5579 government under Section 17-52-504 , the county legislative body is the local substance abuse
5580 authority, provided however that any contract for plan services shall be administered by the
5581 county executive.
5582 (ii) In each county operating under a council-manager form of government under
5583 Section 17-52-505 , the county manager is the local substance abuse authority.
5584 (iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
5585 county legislative body is the local substance abuse authority.
5586 (b) Within legislative appropriations and county matching funds required by this
5587 section, and under the policy direction of the board and the administrative direction of the
5588 division, each local substance abuse authority shall:
5589 (i) develop substance abuse prevention and treatment services plans; and
5590 (ii) provide substance abuse services to residents of the county.
5591 (2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
5592 Cooperation Act, two or more counties may join to provide substance abuse prevention and
5593 treatment services.
5594 (b) The legislative bodies of counties joining to provide services may establish
5595 acceptable ways of apportioning the cost of substance abuse services.
5596 (c) Each agreement for joint substance abuse services shall:
5597 (i) (A) designate the treasurer of one of the participating counties or another person as
5598 the treasurer for the combined substance abuse authorities and as the custodian of moneys
5599 available for the joint services; and
5600 (B) provide that the designated treasurer, or other disbursing officer authorized by the
5601 treasurer, may make payments from the moneys for the joint services upon audit of the
5602 appropriate auditing officer or officers representing the participating counties;
5603 (ii) provide for the appointment of an independent auditor or a county auditor of one of
5604 the participating counties as the designated auditing officer for the combined substance abuse
5605 authorities;

5606 (iii) (A) provide for the appointment of the county or district attorney of one of the
5607 participating counties as the designated legal officer for the combined substance abuse
5608 authorities; and
5609 (B) authorize the designated legal officer to request and receive the assistance of the
5610 county or district attorneys of the other participating counties in defending or prosecuting
5611 actions within their counties relating to the combined substance abuse authorities; and
5612 (iv) provide for the adoption of management, clinical, financial, procurement,
5613 personnel, and administrative policies as already established by one of the participating
5614 counties or as approved by the legislative body of each participating county or interlocal board.
5615 (d) An agreement for joint substance abuse services may provide for joint operation of
5616 services and facilities or for operation of services and facilities under contract by one
5617 participating local substance abuse authority for other participating local substance abuse
5618 authorities.
5619 (3) (a) Each local substance abuse authority is accountable to the department, the
5620 Department of Health, and the state with regard to the use of state and federal funds received
5621 from those departments for substance abuse services, regardless of whether the services are
5622 provided by a private contract provider.
5623 (b) Each local substance abuse authority shall comply, and require compliance by its
5624 contract provider, with all directives issued by the department and the Department of Health
5625 regarding the use and expenditure of state and federal funds received from those departments
5626 for the purpose of providing substance abuse programs and services. The department and
5627 Department of Health shall ensure that those directives are not duplicative or conflicting, and
5628 shall consult and coordinate with local substance abuse authorities with regard to programs and
5629 services.
5630 (4) Each local substance abuse authority shall:
5631 (a) review and evaluate substance abuse prevention and treatment needs and services,
5632 including substance abuse needs and services for individuals incarcerated in a county jail or
5633 other county correctional facility;
5634 (b) annually prepare and submit to the division a plan approved by the county
5635 legislative body for funding and service delivery that includes:
5636 (i) provisions for services, either directly by the substance abuse authority or by

5637 contract, for adults, youth, and children, including those incarcerated in a county jail or other
5638 county correctional facility; and
5639 (ii) primary prevention, targeted prevention, early intervention, and treatment services;
5640 (c) establish and maintain, either directly or by contract, programs licensed under Title
5641 62A, Chapter 2, Licensure of Programs and Facilities;
5642 (d) appoint directly or by contract a full or part time director for substance abuse
5643 programs, and prescribe the director's duties;
5644 (e) provide input and comment on new and revised policies established by the board;
5645 (f) establish and require contract providers to establish administrative, clinical,
5646 procurement, personnel, financial, and management policies regarding substance abuse services
5647 and facilities, in accordance with the policies of the board, and state and federal law;
5648 (g) establish mechanisms allowing for direct citizen input;
5649 (h) annually contract with the division to provide substance abuse programs and
5650 services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
5651 Mental Health Act;
5652 (i) comply with all applicable state and federal statutes, policies, audit requirements,
5653 contract requirements, and any directives resulting from those audits and contract requirements;
5654 (j) promote or establish programs for the prevention of substance abuse within the
5655 community setting through community-based prevention programs;
5656 (k) provide funding equal to at least 20% of the state funds that it receives to fund
5657 services described in the plan;
5658 (l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
5659 Cooperation Act, Title [17A] 17B, Chapter 1, Part [4, Uniform] 6, Fiscal Procedures for
5660 [Special] Local Districts [Act], and Title 51, Chapter 2a, Accounting Reports from Political
5661 Subdivisions, Interlocal Organizations, and Other Local Entities Act;
5662 (m) for persons convicted of driving under the influence in violation of Section
5663 41-6a-502 or 41-6a-517 , conduct the following as defined in Section 41-6a-501 :
5664 (i) a screening;
5665 (ii) an assessment;
5666 (iii) an educational series; and
5667 (iv) substance abuse treatment; and

5668 (n) utilize proceeds of the accounts described in Subsection 62A-15-503 (1) to
5669 supplement the cost of providing the services described in Subsection (4)(m).
5670 (5) Before disbursing any public funds, each local substance abuse authority shall
5671 require that each entity that receives any public funds from the local substance abuse authority
5672 agrees in writing that:
5673 (a) the entity's financial records and other records relevant to the entity's performance
5674 of the services provided to the local substance abuse authority shall be subject to examination
5675 by:
5676 (i) the division;
5677 (ii) the local substance abuse authority director;
5678 (iii) (A) the county treasurer and county or district attorney; or
5679 (B) if two or more counties jointly provide substance abuse services under an
5680 agreement under Subsection (2), the designated treasurer and the designated legal officer;
5681 (iv) the county legislative body; and
5682 (v) in a county with a county executive that is separate from the county legislative
5683 body, the county executive;
5684 (b) the county auditor may examine and audit the entity's financial and other records
5685 relevant to the entity's performance of the services provided to the local substance abuse
5686 authority; and
5687 (c) the entity will comply with the provisions of Subsection (3)(b).
5688 (6) A local substance abuse authority may receive property, grants, gifts, supplies,
5689 materials, contributions, and any benefit derived therefrom, for substance abuse services. If
5690 those gifts are conditioned upon their use for a specified service or program, they shall be so
5691 used.
5692 (7) (a) As used in this section, "public funds" means the same as that term is defined in
5693 Section 17-43-203 .
5694 (b) Public funds received for the provision of services pursuant to the local substance
5695 abuse plan may not be used for any other purpose except those authorized in the contract
5696 between the local substance abuse authority and the provider for the provision of plan services.
5697 Section 104. Section 17-43-301 is amended to read:
5698 17-43-301. Local mental health authorities -- Responsibilities.

5699 (1) (a) (i) In each county operating under a county executive-council form of
5700 government under Section 17-52-504 , the county legislative body is the local mental health
5701 authority, provided however that any contract for plan services shall be administered by the
5702 county executive.
5703 (ii) In each county operating under a council-manager form of government under
5704 Section 17-52-505 , the county manager is the local mental health authority.
5705 (iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
5706 county legislative body is the local mental health authority.
5707 (b) Within legislative appropriations and county matching funds required by this
5708 section, under the policy direction of the board and the administrative direction of the division,
5709 each local mental health authority shall provide mental health services to persons within the
5710 county.
5711 (2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
5712 Cooperation Act, two or more counties may join to provide mental health prevention and
5713 treatment services.
5714 (b) The legislative bodies of counties joining to provide services may establish
5715 acceptable ways of apportioning the cost of mental health services.
5716 (c) Each agreement for joint mental health services shall:
5717 (i) (A) designate the treasurer of one of the participating counties or another person as
5718 the treasurer for the combined mental health authorities and as the custodian of moneys
5719 available for the joint services; and
5720 (B) provide that the designated treasurer, or other disbursing officer authorized by the
5721 treasurer, may make payments from the moneys available for the joint services upon audit of
5722 the appropriate auditing officer or officers representing the participating counties;
5723 (ii) provide for the appointment of an independent auditor or a county auditor of one of
5724 the participating counties as the designated auditing officer for the combined mental health
5725 authorities;
5726 (iii) (A) provide for the appointment of the county or district attorney of one of the
5727 participating counties as the designated legal officer for the combined mental health
5728 authorities; and
5729 (B) authorize the designated legal officer to request and receive the assistance of the

5730 county or district attorneys of the other participating counties in defending or prosecuting
5731 actions within their counties relating to the combined mental health authorities; and
5732 (iv) provide for the adoption of management, clinical, financial, procurement,
5733 personnel, and administrative policies as already established by one of the participating
5734 counties or as approved by the legislative body of each participating county or interlocal board.
5735 (d) An agreement for joint mental health services may provide for:
5736 (i) joint operation of services and facilities or for operation of services and facilities
5737 under contract by one participating local mental health authority for other participating local
5738 mental health authorities; and
5739 (ii) allocation of appointments of members of the mental health advisory council
5740 between or among participating counties.
5741 (3) (a) Each local mental health authority is accountable to the department, the
5742 Department of Health, and the state with regard to the use of state and federal funds received
5743 from those departments for mental health services, regardless of whether the services are
5744 provided by a private contract provider.
5745 (b) Each local mental health authority shall comply, and require compliance by its
5746 contract provider, with all directives issued by the department and the Department of Health
5747 regarding the use and expenditure of state and federal funds received from those departments
5748 for the purpose of providing mental health programs and services. The department and
5749 Department of Health shall ensure that those directives are not duplicative or conflicting, and
5750 shall consult and coordinate with local mental health authorities with regard to programs and
5751 services.
5752 (4) (a) Each local mental health authority shall:
5753 (i) review and evaluate mental health needs and services, including mental health needs
5754 and services for persons incarcerated in a county jail or other county correctional facility;
5755 (ii) as provided in Subsection (4)(b), annually prepare and submit to the division a plan
5756 approved by the county legislative body for mental health funding and service delivery, either
5757 directly by the local mental health authority or by contract;
5758 (iii) establish and maintain, either directly or by contract, programs licensed under Title
5759 62A, Chapter 2, Licensure of Programs and Facilities;
5760 (iv) appoint, directly or by contract, a full-time or part-time director for mental health

5761 programs and prescribe the director's duties;
5762 (v) provide input and comment on new and revised policies established by the board;
5763 (vi) establish and require contract providers to establish administrative, clinical,
5764 personnel, financial, procurement, and management policies regarding mental health services
5765 and facilities, in accordance with the policies of the board and state and federal law;
5766 (vii) establish mechanisms allowing for direct citizen input;
5767 (viii) annually contract with the division to provide mental health programs and
5768 services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
5769 Mental Health Act;
5770 (ix) comply with all applicable state and federal statutes, policies, audit requirements,
5771 contract requirements, and any directives resulting from those audits and contract requirements;
5772 (x) provide funding equal to at least 20% of the state funds that it receives to fund
5773 services described in the plan;
5774 (xi) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
5775 Cooperation Act, Title [17A] 17B, Chapter 1, Part [4, Uniform] 6, Fiscal Procedures for
5776 [Special] Local Districts [Act], and Title 51, Chapter 2a, Accounting Reports from Political
5777 Subdivisions, Interlocal Organizations, and Other Local Entities Act; and
5778 (xii) take and retain physical custody of minors committed to the physical custody of
5779 local mental health authorities by a judicial proceeding under Title 62A, Chapter 15, Part 7,
5780 Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health.
5781 (b) Each plan under Subsection (4)(a)(ii) shall include services for adults, youth, and
5782 children, which shall include:
5783 (i) inpatient care and services;
5784 (ii) residential care and services;
5785 (iii) outpatient care and services;
5786 (iv) 24-hour crisis care and services;
5787 (v) psychotropic medication management;
5788 (vi) psychosocial rehabilitation, including vocational training and skills development;
5789 (vii) case management;
5790 (viii) community supports, including in-home services, housing, family support
5791 services, and respite services;

5792 (ix) consultation and education services, including case consultation, collaboration
5793 with other county service agencies, public education, and public information; and
5794 (x) services to persons incarcerated in a county jail or other county correctional facility.
5795 (5) Before disbursing any public funds, each local mental health authority shall require
5796 that each entity that receives any public funds from a local mental health authority agrees in
5797 writing that:
5798 (a) the entity's financial records and other records relevant to the entity's performance
5799 of the services provided to the mental health authority shall be subject to examination by:
5800 (i) the division;
5801 (ii) the local mental health authority director;
5802 (iii) (A) the county treasurer and county or district attorney; or
5803 (B) if two or more counties jointly provide mental health services under an agreement
5804 under Subsection (2), the designated treasurer and the designated legal officer;
5805 (iv) the county legislative body; and
5806 (v) in a county with a county executive that is separate from the county legislative
5807 body, the county executive;
5808 (b) the county auditor may examine and audit the entity's financial and other records
5809 relevant to the entity's performance of the services provided to the local mental health
5810 authority; and
5811 (c) the entity will comply with the provisions of Subsection (3)(b).
5812 (6) A local mental health authority may receive property, grants, gifts, supplies,
5813 materials, contributions, and any benefit derived therefrom, for mental health services. If those
5814 gifts are conditioned upon their use for a specified service or program, they shall be so used.
5815 (7) (a) As used in this section, "public funds" means the same as that term is defined in
5816 Section 17-43-303 .
5817 (b) Public funds received for the provision of services pursuant to the local mental
5818 health plan may not be used for any other purpose except those authorized in the contract
5819 between the local mental health authority and the provider for the provision of plan services.
5820 Section 105. Section 17-50-103 is amended to read:
5821 17-50-103. Use of "county" prohibited -- Legal action to compel compliance.
5822 (1) For purposes of this section:

5823 [(b)] (a) (i) "Existing local entity" means a [special district,] local district, special
5824 service district, or other political subdivision of the state created before May 1, 2000.
5825 (ii) "Existing local entity" does not include a county, city, town, or school district.
5826 [(c)] (b) (i) ["Special] "Local district" means a [special] local district under Title [17A,
5827 Special Districts,] 17B, Limited Purpose Local Government Entities - Local Districts, that:
5828 (A) by statute is a political and corporate entity separate from the county that created it;
5829 and
5830 (B) by statute is not subject to the direction and control of the county that created it.
5831 (ii) The county legislative body's statutory authority to appoint members to the
5832 governing body of a [special] local district does not alone make the [special] local district
5833 subject to the direction and control of that county.
5834 [(a)] (c) (i) "New local entity" means a city, town, school district, [special district,]
5835 local district [under Title 17B, Chapter 2, Local Districts], special service district, or other
5836 political subdivision of the state created on or after May 1, 2000.
5837 (ii) "New local entity" does not include a county.
5838 (2) (a) A new local entity may not use the word "county" in its name.
5839 (b) After January 1, 2005, an existing local entity may not use the word "county" in its
5840 name unless the county whose name is used by the existing local entity gives its written
5841 consent.
5842 (3) A county with a name similar to the name of a new local entity or existing local
5843 entity in violation of this section may bring legal action in district court to compel compliance
5844 with this section.
5845 Section 106. Section 17-52-403 is amended to read:
5846 TITLE 17A. LOCAL GOVERNMENT CONTROLLED SERVICE PROVIDERS
5847 CHAPTER 3. DEPENDENT DISTRICTS
5848 17-52-403. Adoption of optional plan -- Effect of adoption.
5849 (1) If a proposed optional plan is approved at an election held under Section
5850 17-52-206 :
5851 (a) the proposed optional plan becomes effective according to its terms and, subject to
5852 Subsection 17-52-401 (1)(c), at the time specified in it, is public record open to inspection by
5853 the public, and is judicially noticeable by all courts;

5854 (b) the county clerk shall, within ten days of the canvass of the election, file with the
5855 lieutenant governor a copy of the optional plan, certified by the clerk to be a true and correct
5856 copy;
5857 (c) all public officers and employees shall cooperate fully in making the transition
5858 between forms of county government; and
5859 (d) the county legislative body may enact and enforce necessary ordinances to bring
5860 about an orderly transition to the new form of government, including any transfer of power,
5861 records, documents, properties, assets, funds, liabilities, or personnel that are consistent with
5862 the approved optional plan and necessary or convenient to place it into full effect.
5863 (2) Adoption of an optional plan changing only the form of county government without
5864 adopting one of the structural forms under Chapter 35b, Part 3, Structural Forms of County
5865 Government, does not alter or affect the boundaries, organization, powers, duties, or functions
5866 of any:
5867 (a) school district;
5868 (b) justice court;
5869 (c) [independent special] local district [established] under Title [17A, Chapter 2,
5870 Independent Special Districts] 17B, Limited Purpose Local Government Entities - Local
5871 Districts;
5872 (d) special service district under Title 17A, Chapter 2, Part 13, Utah Special Service
5873 District Act;
5874 [(d)] (e) city or town; or
5875 [(e)] (f) entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal
5876 Cooperation Act.
5877 (3) After the adoption of an optional plan, the county remains vested with all powers
5878 and duties vested generally in counties by statute.
5879 Section 107. Section 17A-2-1314 is amended to read:
5880 17A-2-1314. Rights, powers, and authority of special service district.
5881 (1) In addition to all other rights, powers, and authority granted by law or by other
5882 provisions of this part, a service district has the following rights, powers and authority:
5883 (a) The right to sue and be sued.
5884 (b) The power to exercise all powers of eminent domain possessed by the county or

5885 municipality which established the service district.
5886 (c) The power to enter into contracts considered desirable by the governing authority of
5887 the service district to carry out the functions of the service district, including, without
5888 limitation, the power to enter into contracts with the government of the United States or any of
5889 its agencies, the State of Utah, counties, municipalities, school districts, and other public
5890 corporations, districts, or political subdivisions including institutions of higher education.
5891 These contracts may include, without limitation, provisions concerning the use, operation, and
5892 maintenance of any facilities of the service district and the collection of fees or charges with
5893 respect to commodities, services, or facilities provided by the service district.
5894 (d) The power to acquire or construct facilities, to purchase, take, receive, lease, take
5895 by gift, devise or bequest, or otherwise acquire, own, hold, improve, use, finance, and
5896 otherwise deal in and with real and personal property, or any interest in them, wherever
5897 situated, either within or outside of the service district, including water and water rights, and
5898 including the power to acquire other than by condemnation property or interests in property
5899 owned or held by institutions of higher education.
5900 (e) The power to sell, convey, mortgage, pledge, lease, exchange, transfer, and
5901 otherwise dispose of or contract with respect to the use, operation, and maintenance of, all or
5902 any part of its property and assets, including water and water rights.
5903 (f) The power to accept governmental grants, loans, or funds and to comply with the
5904 conditions of them.
5905 (g) The right to utilize any officers, employees, property, equipment, offices, or
5906 facilities of the county or municipality which established the service district, and for which the
5907 governing authority of the service district shall reimburse the county or municipality from
5908 service district funds, a reasonable amount for the services so rendered or for the property,
5909 equipment, offices, or facilities so used.
5910 (h) The right to employ officers, employees, and agents for the service district,
5911 including engineers, accountants, attorneys, and financial consultants, and to fix their
5912 compensation.
5913 (i) The right to adopt an official seal for the service district.
5914 (2) The county legislative body shall by ordinance establish those classes of contracts
5915 of a service district which shall be subject to the requirements of Title 11, Chapter 39, Building

5916 Improvements and Public Works Projects, or of any law hereafter enacted for the same
5917 purpose.
5918 (3) The governing authority of a municipality shall by ordinance establish those classes
5919 of contracts of a service district which shall be subject to the requirements of Title 11, Chapter
5920 39, Building Improvements and Public Works Projects, or of any law hereafter enacted for the
5921 same purpose.
5922 (4) (a) A special service district is, to the same extent as if it were a local district,
5923 subject to and governed by:
5924 (i) Sections 17B-1-105 , 17B-1-107 , 17B-1-108 , 17B-1-109 , 17B-1-110 , 17B-1-111 ,
5925 17B-1-112 , 17B-1-113 , and 17B-1-116 ;
5926 (ii) Sections 17B-1-304 , 17B-1-305 , 17B-1-306 , 17B-1-307 , 17B-1-310 , 17B-1-312 ,
5927 and 17B-1-313 ;
5928 (iii) Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts;
5929 (iv) Title 17B, Chapter 1, Part 7, Local District Budgets and Audit Reports; and
5930 (v) Title 17B, Chapter 1, Part 8, Local District Personnel Management.
5931 (b) For purposes of applying the provisions listed in Subsection (4)(a) to a special
5932 service district, each reference in those provisions to the local district board of trustees means:
5933 (i) the legislative body of the county, city, or town that established the special service
5934 district, to the extent that the county or municipal legislative body has not delegated authority
5935 to an administrative control board appointed under Section 17A-2-1326 ; or
5936 (ii) the administrative control board of the special service district, to the extent that the
5937 county or municipal legislative body has delegated authority to an administrative control board
5938 appointed under Section 17A-2-1326 .
5939 Section 108. Section 17A-2-1315 is amended to read:
5940 17A-2-1315. Designation of assessment area by special service district.
5941 [(1)] In addition to all other rights, powers, and authority granted by law or by other
5942 provisions of this part, a special service district [established by a county] under this part may
5943 [organize an improvement district under Chapter 3, Part 2] designate an assessment area and
5944 levy an assessment as provided in Title 11, Chapter 42, Assessment Area Act. [This
5945 improvement district has all the rights, powers, and authority of an improvement district
5946 otherwise organized under Chapter 3, Part 3, except:]

5947 [(a) notwithstanding Subsection 17A-3-228 (4), any bonds issued under Chapter 3, Part
5948 2, need comply only with the requirements of Section 11-14-304 with regard to the use of
5949 manual and facsimile signatures;]
5950 [(b) the governing authority of the service district may act in the same capacity as the
5951 governing body of a county with respect to all actions required to be taken in the creation or
5952 administration of an improvement district under Chapter 3, Part 2; and]
5953 [(c) notwithstanding Subsection 17A-3-204 (1), an improvement district created by a
5954 service district may be organized to include any incorporated or unincorporated area of the
5955 county and may cause improvements to be made within any incorporated or unincorporated
5956 area of the county, and the consent of the governing body of the municipality in which an
5957 incorporated area lies is not required prior to the establishment of an improvement district that
5958 includes all or part of that incorporated area.]
5959 [(2) In addition to all other rights, powers, and authority granted by law or by other
5960 provisions of this part, a service district established by a municipality under this part may
5961 organize an improvement district under Chapter 3, Part 3. This improvement district has all the
5962 rights, powers, and authority of an improvement district otherwise organized under Chapter 3,
5963 Part 3, except that:]
5964 [(a) notwithstanding Section 17A-3-328 , any bonds issued under Chapter 3, Part 3,
5965 need comply only with the requirements of Section 11-14-304 , with regard to the use of manual
5966 and facsimile signatures;]
5967 [(b) the governing authority of the service district may act in the same capacity as the
5968 governing body of a municipality with respect to all actions required to be taken in the creation
5969 or administration of an improvement district under Chapter 3, Part 3; and]
5970 [(c) notwithstanding Subsection 17A-3-313 (1), assessments for improvements in an
5971 improvement district organized under Chapter 3, Part 3, may include assessments for all
5972 interest on any bonds issued.]
5973 Section 109. Section 17A-2-1326 is amended to read:
5974 17A-2-1326. Administrative control board -- Powers -- Compensation.
5975 (1) (a) The legislative body of a municipality or county that has established a special
5976 service district may, by resolution adopted at the time of the establishment or at any time
5977 afterwards, create an administrative control board for the special service district.

5978 (b) (i) Except as provided in Subsection (1)(f), each administrative control board shall
5979 consist of at least three and no more than seven persons.
5980 (ii) (A) If a county establishes a service district that includes all or part of one or more
5981 municipalities or one or more improvement districts organized under Title 17A, Chapter 2, Part
5982 3, County Improvement Districts for Water, Sewerage, Flood Control, Electric and Gas, to
5983 provide the same service as the service district, the municipality or improvement district may
5984 appoint one member to represent it on any administrative control board created.
5985 (B) A member appointed under Subsection (1)(b)(ii)(A) may, but need not, be a
5986 qualified elector of the service district.
5987 (c) (i) If a service district is providing commodities, services, or facilities to an
5988 institution of higher education, that institution may appoint the number of members necessary
5989 to assure that it has at least 1/3 of the total of the board members to represent it on the board.
5990 (ii) Members appointed under Subsection (1)(c)(i) may, but need not, be qualified
5991 electors of the service district.
5992 (d) The number of members of the administrative control board shall be increased by
5993 the number of improvement district, municipal, or institution of higher education members
5994 appointed.
5995 (e) (i) Except as provided in Subsections (1)(b)(ii)(B), (c)(ii), and (e)(ii), each member
5996 of an administrative control board shall be a qualified elector of the service district.
5997 (ii) A member of an administrative control board may be other than a qualified elector
5998 of the service district if at least 90% of the owners of property located within the service
5999 district are not qualified electors of the service district.
6000 (f) Notwithstanding Subsection (1)(b), each administrative control board of a special
6001 service district that provides jail services as provided in Subsection 17A-2-1304 (1)(a)(x) shall
6002 consist of nine members, three of whom shall be selected from a list of at least six
6003 recommendations from the county sheriff, three of whom shall be selected from a list of at least
6004 six recommendations from the municipalities within the county, and three of whom shall be
6005 selected from a list of at least six recommendations from the county executive.
6006 (2) Members of the administrative control board other than improvement district,
6007 municipal, or institution of higher education members shall be either appointed or elected as
6008 provided in Title 17A, Chapter 1, Part 3, Special District Board Selection Procedures.

6009 (3) (a) If a service district was established to provide either water or sewerage service
6010 or both, the governing authority may by resolution adopted at or after the time of establishment,
6011 or if the service district was established before March 29, 1983, or within 90 days after that
6012 date, create an administrative control board according to Subsection (1).
6013 (b) A resolution creating a service district for water or sewerage purposes adopted
6014 under Section 17A-2-1305 after March 29, 1983, shall identify all existing water and sewerage
6015 districts within the area of the proposed service district.
6016 (4) (a) One-half of the members initially elected or appointed shall serve two-year
6017 terms and 1/2 shall serve four year terms.
6018 (b) The initial terms shall be determined by lot.
6019 (5) (a) The legislative body of the municipality or county that established the service
6020 district may, by resolution, delegate any of its powers to the administrative control board,
6021 including the power to act as the governing authority of the service district and to exercise all
6022 or any of the powers provided for in Sections 17A-2-1314 , 17A-2-1316 , 17A-2-1320 , and
6023 17A-2-1321 .
6024 (b) Notwithstanding anything to the contrary in this part, the legislative body of the
6025 municipality or county may not delegate the power to:
6026 (i) levy a tax on the taxable property of the service district;
6027 (ii) issue bonds payable from taxes;
6028 (iii) call or hold an election for the authorization of the tax or bonds;
6029 (iv) levy assessments;
6030 (v) issue interim warrants or bonds payable from those assessments; or
6031 (vi) appoint a board of equalization under Section [ 17A-3-217 or Section 17A-3-317 ]
6032 11-42-404 .
6033 (6) The county or municipal legislative body that created the district may revoke in
6034 whole or in part any power or authority delegated to an administrative control board or other
6035 officers or employees.
6036 (7) Administrative control board members may receive compensation and
6037 reimbursement of expenses as provided in Section [ 17B-2-404 ] 17B-1-307 to the same extent
6038 as if they were members of a board of trustees of a local district.
6039 (8) If a county legislative body establishes an administrative control board under this

6040 section for a special service district that provides jail service as provided in Subsection
6041 17A-2-1304 (1)(a)(x), the administrative control board may review and approve any amount
6042 charged to the special service district as reimbursement to the county for services provided
6043 under Subsection 17A-2-1314 (1)(g) before the amount is included in the special service district
6044 budget.
6045 Section 110. Section 17A-2-1330 is amended to read:
6046 17A-2-1330. Other districts not affected -- Election by other districts to become
6047 service districts.
6048 (1) The adoption of this part shall not affect the existence or operation of any
6049 improvement district operating under authority of Title 17B, Chapter [2] 2a, Part [3] 4,
6050 metropolitan water district, water conservancy district, county service area, drainage district,
6051 fire protection district, or other district in existence on July 1, 1975; and, except as otherwise
6052 provided in Sections [ 17A-2-502 ] 17B-2a-204 and [ 17A-2-601 ] 17B-2a-302 , such districts
6053 may continue to be established pursuant to existing laws authorizing the same. Any such
6054 district existing on July 1, 1975, or established afterwards which provides services of the type
6055 permitted by this part for service districts may elect to become a service district and be
6056 governed by the provisions of this part upon:
6057 (a) adoption of a resolution or ordinance by the governing authority of the district so
6058 electing; and
6059 (b) establishment of a new service district to supply the same services as the former
6060 district to the same area as the former district after compliance with the procedures for the
6061 establishment of service districts provided for in this part.
6062 (2) Any outstanding bonds, notes or other obligations of any former district described
6063 in Subsection (1) shall become the bonds, notes, and obligations of the new service district
6064 with like effect as if issued by the service district; and any election authorizing the issuance of
6065 bonds of the former district shall have like effect as a bond election held under this part. Taxes
6066 in the amount and at the rate levied by the former district in the tax year preceding the change
6067 to the service district may continue to be levied by the service district without authorization at
6068 an election in the service district. No increase in the rate of these taxes shall be made unless an
6069 election authorizing the increase is held as provided for in this part; except that if any
6070 outstanding bonds are payable from taxes, the service district may levy such taxes as are

6071 necessary to pay the principal of and interest on these bonds without limit as to rate or amount
6072 and without an election.
6073 Section 111. Section 17B-1-101 is enacted to read:
6074 TITLE 17B. LIMITED PURPOSE LOCAL GOVERNMENT
6075 ENTITIES - LOCAL DISTRICTS
6076 CHAPTER 1. PROVISIONS APPLICABLE TO ALL LOCAL DISTRICTS
6077 Part 1. General Provisions
6078 17B-1-101. Title.
6079 This title is known as "Limited Purpose Local Government Entities - Local Districts."
6080 Section 112. Section 17B-1-102 , which is renumbered from Section 17B-2-101 is
6081 renumbered and amended to read:
6082 [17B-2-101]. 17B-1-102. Definitions.
6083 As used in this [chapter] title:
6084 (1) "Appointing authority" means the person or body authorized to make an
6085 appointment to the board of trustees.
6086 (2) "Basic local district":
6087 (a) means a local district that is not a cemetery maintenance district, drainage district,
6088 fire protection district, improvement district, irrigation district, metropolitan water district,
6089 mosquito abatement district, public transit district, service area, or water conservancy district;
6090 and
6091 (b) includes an entity that was, under the law in effect before April 30, 2007, created
6092 and operated as a local district, as defined under the law in effect before April 30, 2007.
6093 (3) "Bond" means:
6094 (a) a written obligation to repay borrowed money, whether denominated a bond, note,
6095 warrant, certificate of indebtedness, or otherwise; and
6096 (b) a lease agreement, installment purchase agreement, or other agreement that:
6097 (i) includes an obligation by the district to pay money; and
6098 (ii) the district's board of trustees, in its discretion, treats as a bond for purposes of Title
6099 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond
6100 Act.
6101 (4) "Cemetery maintenance district" means a local district that operates under and is

6102 subject to the provisions of this chapter and Chapter 2a, Part 1, Cemetery Maintenance District
6103 Act, including an entity that was created and operated as a cemetery maintenance district under
6104 the law in effect before April 30, 2007.
6105 (5) "Drainage district" means a local district that operates under and is subject to the
6106 provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an entity that
6107 was created and operated as a drainage district under the law in effect before April 30, 2007.
6108 (6) "Facility" or "facilities" includes any structure, building, system, land, water right,
6109 water, or other real or personal property required to provide a service that a local district is
6110 authorized to provide, including any related or appurtenant easement or right-of-way,
6111 improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing.
6112 (7) "Fire protection district" means a local district that operates under and is subject to
6113 the provisions of this chapter and Chapter 2a, Part 3, Fire Protection District Act, including an
6114 entity that was created and operated as a fire protection district under the law in effect before
6115 April 30, 2007.
6116 (8) "General obligation bond":
6117 (a) means a bond that is directly payable from and secured by ad valorem property
6118 taxes that are:
6119 (i) levied by the district that issues the bond; and
6120 (ii) in excess of the ad valorem property taxes of the district for the current fiscal year;
6121 and
6122 (b) does not include:
6123 (i) a short-term bond;
6124 (ii) a tax and revenue anticipation bond; or
6125 (iii) a special assessment bond.
6126 (9) "Improvement district" means a local district that operates under and is subject to
6127 the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an
6128 entity that was created and operated as a county improvement district under the law in effect
6129 before April 30, 2007.
6130 (10) "Irrigation district" means a local district that operates under and is subject to the
6131 provisions of this chapter and Chapter 2a, Part 5, Irrigation District Act, including an entity that
6132 was created and operated as an irrigation district under the law in effect before April 30, 2007.

6133 (11) "Local district" means a limited purpose local government entity, as described in
6134 Section 17B-1-103 , that operates under, is subject to, and has the powers set forth in:
6135 (a) this chapter; or
6136 (b) (i) this chapter; and
6137 (ii) (A) Chapter 2a, Part 1, Cemetery Maintenance District Act;
6138 (B) Chapter 2a, Part 2, Drainage District Act;
6139 (C) Chapter 2a, Part 3, Fire Protection District Act;
6140 (D) Chapter 2a, Part 4, Improvement District Act;
6141 (E) Chapter 2a, Part 5, Irrigation District Act;
6142 (F) Chapter 2a, Part 6, Metropolitan Water District Act;
6143 (G) Chapter 2a, Part 7, Mosquito Abatement District Act;
6144 (H) Chapter 2a, Part 8, Public Transit District Act;
6145 (I) Chapter 2a, Part 9, Service Area Act; or
6146 (J) Chapter 2a, Part 10, Water Conservancy District Act.
6147 (12) "Metropolitan water district" means a local district that operates under and is
6148 subject to the provisions of this chapter and Chapter 2a, Part 6, Metropolitan Water District
6149 Act, including an entity that was created and operated as a metropolitan water district under the
6150 law in effect before April 30, 2007.
6151 (13) "Mosquito abatement district" means a local district that operates under and is
6152 subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District
6153 Act, including an entity that was created and operated as a mosquito abatement district under
6154 the law in effect before April 30, 2007.
6155 [(1) "Local district" means a local government entity, created according to the
6156 provisions of Part 2, Creation of Local Districts, that is not a general purpose government
6157 entity but is a separate legal and corporate entity and a political subdivision of the state,
6158 authorized to provide limited services in a defined geographic area, as provided in Part 2,
6159 Creation of Local Districts.]
6160 [(2)] (14) "Municipal" means of or relating to a municipality.
6161 [(3)] (15) "Municipality" means a city or town.
6162 (16) "Person" has the same meaning as defined in Section 68-3-12 .
6163 [(4)] (17) "Political subdivision" means a county, city, town, local district under this

6164 [chapter, independent special district under Title 17A, Chapter 2, Independent Special
6165 Districts,] title, special service district under Title 17A, Chapter 2, Part 13, Utah Special
6166 Service Districts Act, an entity created by interlocal cooperation agreement under Title 11,
6167 Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute
6168 as a political subdivision of the state.
6169 [(5)] (18) "Private," with respect to real property, means not owned by the United
6170 States or any agency of the federal government, the state, a county, [a municipality, a school
6171 district, an independent special district under Title 17A, Chapter 2, Independent Special
6172 Districts, a local district, or any other] or a political subdivision [of the state].
6173 (19) "Public entity" means:
6174 (a) the United States or an agency of the United States;
6175 (b) the state or an agency of the state;
6176 (c) a political subdivision of the state or an agency of a political subdivision of the
6177 state;
6178 (d) another state or an agency of that state; or
6179 (e) a political subdivision of another state or an agency of that political subdivision.
6180 (20) "Public transit district" means a local district that operates under and is subject to
6181 the provisions of this chapter and Chapter 2a, Part 8, Public Transit District Act, including an
6182 entity that was created and operated as a public transit district under the law in effect before
6183 April 30, 2007.
6184 (21) "Revenue bond":
6185 (a) means a bond payable from designated taxes or other revenues other than the local
6186 district's ad valorem property taxes; and
6187 (b) does not include:
6188 (i) an obligation constituting an indebtedness within the meaning of an applicable
6189 constitutional or statutory debt limit;
6190 (ii) a tax and revenue anticipation bond; or
6191 (iii) a special assessment bond.
6192 (22) "Service area" means a local district that operates under and is subject to the
6193 provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was
6194 created and operated as a county service area or a regional service area under the law in effect

6195 before April 30, 2007.
6196 (23) "Short-term bond" means a bond that is required to be repaid during the fiscal year
6197 in which the bond is issued.
6198 (24) "Special assessment" means an assessment levied against property to pay all or a
6199 portion of the costs of making improvements that benefit the property.
6200 (25) "Special assessment bond" means a bond payable from special assessments.
6201 (26) "Taxable value" means the taxable value of property as computed from the most
6202 recent equalized assessment roll for county purposes.
6203 (27) "Tax and revenue anticipation bond" means a bond:
6204 (a) issued in anticipation of the collection of taxes or other revenues or a combination
6205 of taxes and other revenues; and
6206 (b) that matures within the same fiscal year as the fiscal year in which the bond is
6207 issued.
6208 [(6)] (28) "Unincorporated" means not included within a municipality.
6209 (29) "Water conservancy district" means a local district that operates under and is
6210 subject to the provisions of this chapter and Chapter 2a, Part 10, Water Conservancy District
6211 Act, including an entity that was created and operated as a water conservancy district under the
6212 law in effect before April 30, 2007.
6213 (30) "Works" includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel,
6214 power plant, and any facility, improvement, or property necessary or convenient for supplying
6215 or treating water for any beneficial use, and for otherwise accomplishing the purposes of a local
6216 district.
6217 Section 113. Section 17B-1-103 is enacted to read:
6218 17B-1-103. Local district status and powers.
6219 (1) A local district:
6220 (a) is:
6221 (i) a body corporate and politic with perpetual succession;
6222 (ii) a quasi-municipal corporation; and
6223 (iii) a political subdivision of the state; and
6224 (b) may sue and be sued.
6225 (2) A local district may:

6226 (a) acquire, by any lawful means, or lease any real or personal property necessary or
6227 convenient to the full exercise of the district's powers;
6228 (b) acquire, by any lawful means, any interest in real or personal property necessary or
6229 convenient to the full exercise of the district's powers;
6230 (c) transfer an interest in or dispose of any property or interest described in Subsections
6231 (2)(a) and (b);
6232 (d) acquire or construct works, facilities, and improvements necessary or convenient to
6233 the full exercise of the district's powers, and operate, control, maintain, and use those works,
6234 facilities, and improvements;
6235 (e) borrow money and incur indebtedness for any lawful district purpose;
6236 (f) issue bonds, including refunding bonds:
6237 (i) for any lawful district purpose; and
6238 (ii) as provided in and subject to Part 10, Local District Bonds.
6239 (g) levy and collect property taxes:
6240 (i) for any lawful district purpose or expenditure, including to cover a deficit resulting
6241 from tax delinquencies in a preceding year; and
6242 (ii) as provided in and subject to Part 10, Local District Property Tax Levy;
6243 (h) as provided in Title 78, Chapter 34, Eminent Domain, acquire by eminent domain
6244 property necessary to the exercise of the district's powers;
6245 (i) invest money as provided in Title 51, Chapter 7, State Money Management Act;
6246 (j) (i) impose fees or other charges for commodities, services, or facilities provided by
6247 the district, to pay some or all of the district's costs of providing the commodities, services, and
6248 facilities, including the costs of:
6249 (A) maintaining and operating the district;
6250 (B) acquiring, purchasing, constructing, improving, or enlarging district facilities;
6251 (C) issuing bonds and paying debt service on district bonds; and
6252 (D) providing a reserve established by the board of trustees; and
6253 (ii) take action the board of trustees considers appropriate and adopt regulations to
6254 assure the collection of all fees and charges that the district imposes;
6255 (k) if applicable, charge and collect a fee to pay for the cost of connecting a customer's
6256 property to district facilities in order for the district to provide service to the property;

6257 (l) enter into a contract that the local district board of trustees considers necessary,
6258 convenient, or desirable to carry out the district's purposes, including a contract:
6259 (i) with the United States or any department or agency of the United States;
6260 (ii) to indemnify and save harmless; or
6261 (iii) to do any act to exercise district powers;
6262 (m) purchase supplies, equipment, and materials;
6263 (n) encumber district property upon terms and conditions that the board of trustees
6264 considers appropriate;
6265 (o) exercise other powers and perform other functions that are provided by law;
6266 (p) construct and maintain works and establish and maintain facilities, including works
6267 or facilities:
6268 (i) across or along any public street or highway, subject to Subsection (3) and if the
6269 district:
6270 (A) promptly restores the street or highway, as much as practicable, to its former state
6271 of usefulness; and
6272 (B) does not use the street or highway in a manner that completely or unnecessarily
6273 impairs the usefulness of it;
6274 (ii) in, upon, or over any vacant public lands that are or become the property of the
6275 state, including school and institutional trust lands, as defined in Section 53C-1-103 , if the
6276 director of the School and Institutional Trust Lands Administration, acting under Sections
6277 53C-1-102 and 53C-1-303 , consents; or
6278 (iii) across any stream of water or watercourse, subject to Section 73-3-29 ;
6279 (q) perform any act or exercise any power reasonably necessary for the efficient
6280 operation of the local district in carrying out its purposes;
6281 (r) designate an assessment area and levy an assessment on land within the assessment
6282 area, as provided in Title 11, Chapter 42, Assessment Area Act;
6283 (s) contract with another political subdivision of the state to allow the other political
6284 subdivision to use the surplus capacity of or have an ownership interest in the district's works
6285 or facilities, upon the terms and for the consideration, whether monetary or nonmonetary
6286 consideration or no consideration, that the district's board of trustees considers to be in the best
6287 interests of the district and the public; and

6288 (t) contract with another political subdivision of the state or with a public or private
6289 owner of property on which the district has a right-of-way to allow the political subdivision or
6290 owner to use the surface of the land on which the district has a right-of-way, upon the terms
6291 and for the consideration, whether monetary or nonmonetary consideration or no consideration,
6292 that the district's board of trustees considers to be in the best interests of the district and the
6293 public.
6294 (3) With respect to a local district's use of a street or highway, as provided in
6295 Subsection (2)(q)(i):
6296 (a) the district shall comply with the reasonable rules and regulations of the
6297 governmental entity, whether state, county, or municipal, with jurisdiction over the street or
6298 highway, concerning:
6299 (i) an excavation and the refilling of an excavation;
6300 (ii) the relaying of pavement; and
6301 (iii) the protection of the public during a construction period; and
6302 (b) the governmental entity, whether state, county, or municipal, with jurisdiction over
6303 the street or highway:
6304 (i) may not require the district to pay a license or permit fee or file a bond; and
6305 (ii) may require the district to pay a reasonable inspection fee.
6306 (4) (a) A local district may:
6307 (i) acquire, lease, or construct and operate electrical generation, transmission, and
6308 distribution facilities, if:
6309 (A) the purpose of the facilities is to harness energy that results inherently from the
6310 district's:
6311 (I) operation of a project or facilities that the district is authorized to operate; or
6312 (II) providing a service that the district is authorized to provide;
6313 (B) the generation of electricity from the facilities is incidental to the primary
6314 operations of the district; and
6315 (C) operation of the facilities will not hinder or interfere with the primary operations of
6316 the district.
6317 (ii) (A) use electricity generated by the facilities; or
6318 (B) subject to Subsection (4)(b), sell electricity generated by the facilities to an electric

6319 utility or municipality with an existing system for distributing electricity.
6320 (b) A district may not act as a retail distributor or seller of electricity.
6321 (c) Revenue that a district receives from the sale of electricity from electrical
6322 generation facilities it owns or operates under this section may be used for any lawful district
6323 purpose, including the payment of bonds issued to pay some or all of the cost of acquiring or
6324 constructing the facilities.
6325 (5) A local district may adopt and, after adoption, alter a corporate seal.
6326 Section 114. Section 17B-1-104 , which is renumbered from Section 17B-2-102 is
6327 renumbered and amended to read:
6328 [17B-2-102]. 17B-1-104. Property owner provisions.
6329 (1) For purposes of this [chapter] title:
6330 (a) the owner of real property shall be the fee title owner according to the records of the
6331 county recorder on the date of the filing of the request or petition; and
6332 (b) the value of private real property shall be determined according to the last
6333 assessment before the filing of the request or petition, as determined by:
6334 (i) the county under Title 59, Chapter 2, Part 3, County Assessment, for property
6335 subject to assessment by the county;
6336 (ii) the State Tax Commission under Title 59, Chapter 2, Part 2, Assessment of
6337 Property, for property subject to assessment by the State Tax Commission; or
6338 (iii) the county, for all other property.
6339 (2) For purposes of each provision of this [chapter] title that requires the owners of
6340 private real property covering a percentage of the total private land area within the proposed
6341 local district to sign a request, petition, or protest:
6342 (a) a parcel of real property may not be included in the calculation of the required
6343 percentage unless the request or petition is signed by:
6344 (i) except as provided in Subsection (2)(a)(ii), owners representing a majority
6345 ownership interest in that parcel; or
6346 (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
6347 of owners of that parcel;
6348 (b) the signature of a person signing a request or petition in a representative capacity on
6349 behalf of an owner is invalid unless:

6350 (i) the person's representative capacity and the name of the owner the person represents
6351 are indicated on the request or petition with the person's signature; and
6352 (ii) the person provides documentation accompanying the request or petition that
6353 reasonably substantiates the person's representative capacity; and
6354 (c) subject to Subsection (2)(b), a duly appointed personal representative may sign a
6355 request or petition on behalf of a deceased owner.
6356 Section 115. Section 17B-1-105 , which is renumbered from Section 17A-1-204 is
6357 renumbered and amended to read:
6358 [17A-1-204]. 17B-1-105. Name of local district -- Name change.
6359 (1) (a) The name of each [special] local district created on or after May 1, 2000 shall
6360 comply with Subsection 17-50-103 (2)(a).
6361 [(2)] (b) The board of each [special] local district affected by Subsection
6362 17-50-103 (2)(b) shall ensure that after January 1, 2005 the [special] local district name
6363 complies with the requirements of that Subsection.
6364 (2) The name of a local district created after April 30, 2007 may not include the name
6365 of a county or municipality.
6366 (3) The name of a local district may include words descriptive of the type of service
6367 that the district provides.
6368 [(3)] (4) (a) A [special] local district board may change the name of that [special] local
6369 district by:
6370 (i) holding a public hearing on the proposed name change;
6371 (ii) adopting a resolution approving the name change; and
6372 (iii) giving written notice of the name change to the lieutenant governor, the State Tax
6373 Commission, the state auditor, and the clerk, recorder, and assessor of each county in which
6374 any part of the [special] local district is located.
6375 (b) A name change under Subsection [(3)] (4)(a) becomes effective upon the board's
6376 giving the notice required under Subsection [(3)] (4)(a)(iii).
6377 Section 116. Section 17B-1-106 , which is renumbered from Section 17B-2-104 is
6378 renumbered and amended to read:
6379 [17B-2-104]. 17B-1-106. Notice before preparing or amending a
6380 long-range plan or acquiring certain property.

6381 (1) As used in this section:
6382 (a) (i) "Affected entity" means each county, municipality, [independent special district
6383 under Title 17A, Chapter 2, Independent Special Districts,] local district under this [chapter]
6384 title, special service district, school district, interlocal cooperation entity established under Title
6385 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
6386 (A) whose services or facilities are likely to require expansion or significant
6387 modification because of an intended use of land; or
6388 (B) that has filed with the local district a copy of the general or long-range plan of the
6389 county, municipality, [independent special district,] local district, school district, interlocal
6390 cooperation entity, or specified public utility.
6391 (ii) "Affected entity" does not include the local district that is required under this
6392 section to provide notice.
6393 (b) "Specified public utility" means an electrical corporation, gas corporation, or
6394 telephone corporation, as those terms are defined in Section 54-2-1 .
6395 (2) (a) If a local district under this [chapter] title located in a county of the first or
6396 second class prepares a long-range plan regarding its facilities proposed for the future or
6397 amends an already existing long-range plan, the local district shall, before preparing a
6398 long-range plan or amendments to an existing long-range plan, provide written notice, as
6399 provided in this section, of its intent to prepare a long-range plan or to amend an existing
6400 long-range plan.
6401 (b) Each notice under Subsection (2)(a) shall:
6402 (i) indicate that the local district intends to prepare a long-range plan or to amend a
6403 long-range plan, as the case may be;
6404 (ii) describe or provide a map of the geographic area that will be affected by the
6405 long-range plan or amendments to a long-range plan;
6406 (iii) be sent to:
6407 (A) each county in whose unincorporated area and each municipality in whose
6408 boundaries is located the land on which the proposed long-range plan or amendments to a
6409 long-range plan are expected to indicate that the proposed facilities will be located;
6410 (B) each affected entity;
6411 (C) the Automated Geographic Reference Center created in Section 63F-1-506 ;

6412 (D) each association of governments, established pursuant to an interlocal agreement
6413 under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
6414 described in Subsection (2)(b)(iii)(A) is a member; and
6415 (E) the state planning coordinator appointed under Section 63-38d-202 ;
6416 (iv) with respect to the notice to counties and municipalities described in Subsection
6417 (2)(b)(iii)(A) and affected entities, invite them to provide information for the local district to
6418 consider in the process of preparing, adopting, and implementing the long-range plan or
6419 amendments to a long-range plan concerning:
6420 (A) impacts that the use of land proposed in the proposed long-range plan or
6421 amendments to a long-range plan may have on the county, municipality, or affected entity; and
6422 (B) uses of land that the county, municipality, or affected entity is planning or
6423 considering that may conflict with the proposed long-range plan or amendments to a long-range
6424 plan; and
6425 (v) include the address of an Internet website, if the local district has one, and the name
6426 and telephone number of a person where more information can be obtained concerning the
6427 local district's proposed long-range plan or amendments to a long-range plan.
6428 (3) (a) Except as provided in Subsection (3)(d), each local district intending to acquire
6429 real property in a county of the first or second class for the purpose of expanding the district's
6430 infrastructure or other facilities used for providing the services that the district is authorized to
6431 provide shall provide written notice, as provided in this Subsection (3), of its intent to acquire
6432 the property if the intended use of the property is contrary to:
6433 (i) the anticipated use of the property under the county or municipality's general plan;
6434 or
6435 (ii) the property's current zoning designation.
6436 (b) Each notice under Subsection (3)(a) shall:
6437 (i) indicate that the local district intends to acquire real property;
6438 (ii) identify the real property; and
6439 (iii) be sent to:
6440 (A) each county in whose unincorporated area and each municipality in whose
6441 boundaries the property is located; and
6442 (B) each affected entity.

6443 (c) A notice under this Subsection (3) is a protected record as provided in Subsection
6444 63-2-304 (7).
6445 (d) (i) The notice requirement of Subsection (3)(a) does not apply if the local district
6446 previously provided notice under Subsection (2) identifying the general location within the
6447 municipality or unincorporated part of the county where the property to be acquired is located.
6448 (ii) If a local district is not required to comply with the notice requirement of
6449 Subsection (3)(a) because of application of Subsection (3)(d)(i), the local district shall provide
6450 the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of the real
6451 property.
6452 Section 117. Section 17B-1-107 , which is renumbered from Section 17A-1-701 is
6453 renumbered and amended to read:
6454 [17A-1-701]. 17B-1-107. Recording a release of lien.
6455 If a [special] local district records a lien upon real property for an unpaid assessment by
6456 the owner and the owner then pays the assessment in full, including any interest and penalties,
6457 the [special] local district recording the lien shall record the release of the lien.
6458 Section 118. Section 17B-1-108 , which is renumbered from Section 17A-1-802 is
6459 renumbered and amended to read:
6460 [17A-1-802]. 17B-1-108. Restrictions on local district procurement of
6461 architect-engineer services.
6462 (1) As used in this section[, "architect-engineer]:
6463 (a) "Architect-engineer services" means those professional services within the scope of
6464 the practice of architecture as defined in Section 58-3a-102 [, or].
6465 (b) "Engineer services" means those professional services within the scope of the
6466 practice of professional engineering as defined in Section 58-22-102 .
6467 (2) When a [special] local district elects to obtain architect services or engineering
6468 services by using a competitive procurement process and has provided public notice of its
6469 competitive procurement process:
6470 (a) a higher education entity, or any part of one, may not submit a proposal in response
6471 to the [special] local district's competitive procurement process; and
6472 (b) the [special] local district may not award a contract to perform the architect services
6473 or engineering services solicited in the competitive procurement process to a higher education

6474 entity or any part of one.
6475 (3) Notwithstanding Subsection 63-56-102 (3)(d), each local district board that engages
6476 the services of a professional architect, engineer, or surveyor and considers more than one such
6477 professional for the engagement:
6478 (a) shall consider, as a minimum, in the selection process:
6479 (i) the qualifications, experience, and background of each firm submitting a proposal;
6480 (ii) the specific individuals assigned to the project and the time commitments of each
6481 to the project; and
6482 (iii) the project schedule and the approach to the project that the firm will take; and
6483 (b) may engage the services of a professional architect, engineer, or surveyor based on
6484 the criteria under Subsection (3)(a) rather than solely on lowest cost.
6485 Section 119. Section 17B-1-109 , which is renumbered from Section 17A-1-202 is
6486 renumbered and amended to read:
6487 [17A-1-202]. 17B-1-109. Procurement -- Use of recycled goods.
6488 The procurement officer or other person responsible for purchasing supplies for each
6489 [special] local district shall give recycled items consideration when inviting bids and
6490 purchasing supplies, in compliance with Section 11-37-101 .
6491 Section 120. Section 17B-1-110 , which is renumbered from Section 17A-1-201 is
6492 renumbered and amended to read:
6493 [17A-1-201]. 17B-1-110. Compliance with nepotism requirements.
6494 Each [special] local district shall comply with Title 52, Chapter 3, Prohibiting
6495 Employment of Relatives.
6496 Section 121. Section 17B-1-111 , which is renumbered from Section 17A-1-203 is
6497 renumbered and amended to read:
6498 [17A-1-203]. 17B-1-111. Impact fee resolution -- Notice and hearing
6499 requirements.
6500 (1) (a) [When any special] If a local district wishes to impose impact fees, the
6501 [governing] board of trustees of the [special] local district shall:
6502 (i) prepare a proposed impact fee resolution that meets the requirements of Title 11,
6503 Chapter 36, Impact Fees Act;
6504 (ii) make a copy of the impact fee resolution available to the public at least 14 days

6505 before the date of the public hearing and hold a public hearing on the proposed impact fee
6506 resolution; and
6507 (iii) provide reasonable notice of the public hearing at least 14 days before the date of
6508 the hearing.
6509 (b) After the public hearing, the [governing] board of trustees may:
6510 (i) adopt the impact fee resolution as proposed;
6511 (ii) amend the impact fee resolution and adopt or reject it as amended; or
6512 (iii) reject the resolution.
6513 (2) A [special] local district meets the requirements of reasonable notice required by
6514 this section if it:
6515 (a) posts notice of the hearing or meeting in at least three public places within the
6516 jurisdiction and publishes notice of the hearing or meeting in a newspaper of general
6517 circulation in the jurisdiction, if one is available; or
6518 (b) gives actual notice of the hearing or meeting.
6519 (3) The [special] local district's [governing] board of trustees may enact a resolution
6520 establishing stricter notice requirements than those required by this section.
6521 (4) (a) Proof that one of the two forms of notice required by this section was given is
6522 prima facie evidence that notice was properly given.
6523 (b) If notice given under authority of this section is not challenged within 30 days from
6524 the date of the meeting for which the notice was given, the notice is considered adequate and
6525 proper.
6526 Section 122. Section 17B-1-112 is enacted to read:
6527 17B-1-112. Publishing district information in telephone directory.
6528 (1) Each local district with a total annual budget over $5,000 shall:
6529 (a) subject to Subsection (2), provide the name, telephone number, and address of the
6530 district to the telephone directory publisher serving the geographic area within which the
6531 district is located; and
6532 (b) request the telephone directory publisher to publish the district's name, telephone
6533 number, and address in the government or other appropriate government-related section of the
6534 publisher's telephone directory that serves the area within which the district is located.
6535 (2) If the district does not have a telephone or address or both, the district shall provide

6536 the telephone number or address or both, as the case may be, of the district's officer in charge
6537 of the district's day to day operations, for and in the place of the telephone number or address
6538 or both of the district.
6539 (3) Subsection (1) does not apply to a local district whose name, telephone number,
6540 and address are published in the government or other appropriate government-related section of
6541 the telephone directory of the telephone directory publisher serving the geographic area within
6542 which the local district is located.
6543 Section 123. Section 17B-1-113 , which is renumbered from Section 17A-1-504 is
6544 renumbered and amended to read:
6545 [17A-1-504]. 17B-1-113. Liability insurance.
6546 [(1) (a) (i) Except as provided in Subsection (1)(a)(ii), the legislative body of each
6547 county, city, or town that creates a special district after May 4, 1998, shall, within 60 days of
6548 the special district's creation, deliver written notification of the creation to the state auditor.]
6549 [(ii) Notwithstanding Subsection (1)(a)(i), each special district created after May 4,
6550 1998, shall, within 60 days of its creation, deliver written notification of its creation to the state
6551 auditor, if the special district was created by other than a county, city, or town.]
6552 [(b) The state auditor shall maintain a list of all special districts in the state.]
6553 [(2)] Each [special] local district with an annual operating budget of [at least] $50,000
6554 or more shall obtain liability insurance as considered appropriate by the [special] local district
6555 board.
6556 Section 124. Section 17B-1-114 is enacted to read:
6557 17B-1-114. Local district property taxes on a parity with general taxes.
6558 Unless otherwise specifically provided by statute, property taxes levied by a local
6559 district shall constitute a lien on the property on a parity with and collectible at the same time
6560 and in the same manner as general county taxes that are a lien on the property.
6561 Section 125. Section 17B-1-115 is enacted to read:
6562 17B-1-115. Validation of previously created local districts -- Continuation of
6563 certain local districts under this chapter.
6564 (1) Each local district created before April 30, 2007 under the law in effect at the time
6565 of the creation is declared to be validly and legally constituted.
6566 (2) An entity created and operating under the law in effect before April 30, 2007 as a

6567 local district but not as a cemetery maintenance district, drainage district, fire protection
6568 district, improvement district, irrigation district, metropolitan water district, mosquito
6569 abatement district, public transit district, service area, or water conservancy district shall
6570 continue on and after April 30, 2007 as a local district subject to the provisions of this chapter
6571 but not subject to the provisions of Chapter 2a, Provisions Applicable to Different Types of
6572 Local Districts.
6573 (3) Nothing in this title may be construed to prohibit or limit a local district from
6574 providing on or after April 30, 2007 a service that it was authorized before that date to provide.
6575 Section 126. Section 17B-1-116 is enacted to read:
6576 17B-1-116. Property exempt from taxation and execution.
6577 All property and assets of a local district are exempt from taxation and exempt from
6578 execution.
6579 Section 127. Section 17B-1-117 is enacted to read:
6580 17B-1-117. Severability.
6581 A court's invalidation of any provision of this title may not be considered to affect the
6582 validity of any other provision of this title.
6583 Section 128. Section 17B-1-201 , which is renumbered from Section 17B-2-201 is
6584 renumbered and amended to read:
6585 Part 2. Creation of a Local District
6586 [17B-2-201]. 17B-1-201. Definitions.
6587 As used in this part:
6588 (1) "Applicable area" means:
6589 (a) for a county, the unincorporated area of the county that is included within the
6590 proposed local district; or
6591 (b) for a municipality, the area of the municipality that is included within the proposed
6592 local district.
6593 (2) "Governing body" means:
6594 (a) for a county or municipality, the legislative body of the county or municipality; and
6595 (b ) for a local district, the board of trustees of the local district.
6596 (3) "Initiating local district" means a local district that adopts a resolution proposing
6597 the creation of a local district under Subsection 17B-1-203 (1)(d).

6598 [(2)] (4) "Petition" means a petition under Subsection [ 17B-2-203 ] 17B-1-203 (1)(a) or
6599 (b).
6600 [(3)] (5) "Property owner petition" means a petition under Subsection [ 17B-2-203]
6601 17B-1-203 (1)(a).
6602 [(4)] (6) "Property owner request" means a request under Section [ 17B-2-204 ]
6603 17B-1-204 that is signed by owners of real property as provided in Subsection [ 17B-2-204 ]
6604 17B-1-204 (2)(b)(i).
6605 [(5)] (7) "Registered voter request" means a request under Section [ 17B-2-204 ]
6606 17B-1-204 that is signed by registered voters as provided in Subsection [ 17B-2-204 ]
6607 17B-1-204 (2)(b)(ii).
6608 [(6)] (8) "Registered voter petition" means a petition under Subsection [ 17B-2-203 ]
6609 17B-1-203 (1)(b).
6610 [(7)] (9) "Request" means a request as described in Section [ 17B-2-204 ] 17B-1-204 .
6611 [(8)] (10) "Responsible body" means the [legislative] governing body of:
6612 (a) the municipality in which the proposed local district is located, if the petition or
6613 resolution proposes the creation of a local district located entirely within a single municipality;
6614 (b) the county in which the proposed local district is located, if the petition or resolution
6615 proposes the creation of a local district located entirely within a single county and all or part of
6616 the proposed local district is located within:
6617 (i) the unincorporated part of the county; or
6618 (ii) more than one municipality within the county; [or]
6619 (c) if the petition or resolution proposes the creation of a local district located within
6620 more than one county, the county whose boundaries include more of the area of the proposed
6621 local district than is included within the boundaries of any other county[.]; or
6622 (d) the initiating local district, if a resolution proposing the creation of a local district is
6623 adopted under Subsection 17B-1-203 (1)(d).
6624 [(9)] (11) "Responsible clerk" means the clerk of the county or the clerk or recorder of
6625 the municipality whose legislative body is the responsible body.
6626 Section 129. Section 17B-1-202 , which is renumbered from Section 17B-2-202 is
6627 renumbered and amended to read:
6628 [17B-2-202]. 17B-1-202. Local district may be created -- Services that may

6629 be provided -- Limitations -- Name.
6630 (1) (a) A local district may be created as provided in this part to provide within its
6631 boundaries service consisting of:
6632 [(a)] (i) the operation of an airport;
6633 [(b)] (ii) the operation of a cemetery;
6634 [(c) the operation of a system for the generation or distribution of electricity;]
6635 [(d) the operation of a system for the transmission of natural or manufactured gas that
6636 is:]
6637 [(i) connected to a gas plant, as defined in Section 54-2-1 , of a gas corporation, as
6638 defined in Section 54-2-1 , that is regulated under Section 54-4-1 ; and]
6639 [(ii) to be used to facilitate gas utility service within the district if such gas utility
6640 service is not available within the district prior to the acquisition or construction of such a
6641 system;]
6642 [(e)] (iii) fire protection, paramedic, and emergency services;
6643 [(f)] (iv) garbage collection and disposal;
6644 [(g)] (v) health care, including health department or hospital service;
6645 [(h)] (vi) the operation of a library;
6646 [(i)] (vii) abatement or control of mosquitos and other insects;
6647 [(j)] (viii) the operation of parks or recreation facilities or services;
6648 [(k)] (ix) the operation of a sewage system;
6649 [(l)] (x) street lighting;
6650 [(m)] (xi) the construction and maintenance of curb, gutter, and sidewalk;
6651 [(n)] (xii) transportation, including public transit and providing streets and roads;
6652 [(o)] (xiii) the operation of a system [for the control of storm or flood waters], or one
6653 or more components of a system, for the collection, storage, retention, control, conservation,
6654 treatment, supplying, distribution, or reclamation of water, including storm, flood, sewage,
6655 irrigation, and culinary water, whether the system is operated on a wholesale or retail level or
6656 both;
6657 [(p) the operation of an irrigation water system;]
6658 [(q) the operation of a culinary water system; or]
6659 (xiv) extended police protection; or

6660 [(r)] (xv) subject to Subsection (1)(b), the underground installation of an electric utility
6661 line or the conversion to underground of an existing electric utility line.
6662 (b) Each local district that provides the service of the underground installation of an
6663 electric utility line or the conversion to underground of an existing electric utility line shall, in
6664 installing or converting the line, provide advance notice to and coordinate with the utility that
6665 owns the line.
6666 (2) For purposes of this section:
6667 (a) "Operation" means all activities involved in providing the indicated service
6668 including acquisition and ownership of property reasonably necessary to provide the indicated
6669 service and acquisition, construction, and maintenance of facilities and equipment reasonably
6670 necessary to provide the indicated service.
6671 (b) "System" means the aggregate of interrelated components that combine together to
6672 provide the indicated service including[: (i)], for a sewage system, collection and treatment[;
6673 and].
6674 [(ii) for an irrigation or culinary water system, collection, retention, treatment, and
6675 distribution to either the end user or another that in turn distributes to the end user.]
6676 (3) (a) [Except as provided in Subsection (3)(b), a] A local district may not be created
6677 to provide and may not after its creation provide [no] more than two of the services listed in
6678 Subsection (1).
6679 [(b) Notwithstanding Subsection (3)(a), a local district may be created to provide and
6680 may after its creation provide services consisting of:]
6681 [(i) the operation of some or all of the components of a sewage system;]
6682 [(ii) the operation of some or all of the components of an irrigation water system; and]
6683 [(iii) the operation of some or all of the components of a culinary water system.]
6684 (b) Subsection (3)(a) may not be construed to prohibit a local district from providing
6685 more than two services if, before April 30, 2007, the local district was authorized to provide
6686 those services.
6687 (4) (a) Except as provided in Subsection (4)(b), a local district may not be created to
6688 provide and may not after its creation provide to an area the same service already being
6689 provided to that area by another political subdivision, unless the other political subdivision
6690 gives its written consent.

6691 (b) For purposes of Subsection (4)(a), a local district does not provide the same service
6692 as another political subdivision if it operates a component of a system that is different from a
6693 component operated by another political subdivision but within the same:
6694 (i) sewage system; or
6695 (ii) [irrigation] water system[; or].
6696 [(iii) culinary water system.]
6697 (5) (a) Except for a local district in the creation of which an election is not required
6698 under Subsection [ 17B-2-214 ] 17B-1-214 (3)(c), the area of a local district may include all or
6699 part of the unincorporated area of one or more counties and all or part of one or more
6700 municipalities.
6701 (b) The area of a local district need not be contiguous.
6702 [(6) The name of a local district:]
6703 [(a) may include words descriptive of the type of service provided by the local district;
6704 and]
6705 [(b) may not include the name of a county or municipality.]
6706 Section 130. Section 17B-1-203 , which is renumbered from Section 17B-2-203 is
6707 renumbered and amended to read:
6708 [17B-2-203]. 17B-1-203. Process to initiate the creation of a local district
6709 -- Petition or resolution.
6710 (1) The process to create a local district may be initiated by:
6711 (a) subject to Section [ 17B-2-204 ] 17B-1-204 , a petition signed by the owners of
6712 private real property that:
6713 (i) is located within the proposed local district;
6714 (ii) covers at least 33% of the total private land area within the proposed local district
6715 as a whole and within each applicable area;
6716 (iii) is equal in value to at least 25% of the value of all private real property within the
6717 proposed local district as a whole and within each applicable area; and
6718 (iv) complies with the requirements of Subsection [ 17B-2-205 ] 17B-1-205 (1) and
6719 Section [ 17B-2-208 ] 17B-1-208 ;
6720 (b) subject to Section [ 17B-2-204 ] 17B-1-204 , a petition that:
6721 (i) is signed by registered voters residing within the proposed local district as a whole

6722 and within each applicable area, equal in number to at least 33% of the number of votes cast in
6723 the proposed local district as a whole and in each applicable area, respectively, for the office of
6724 governor at the last regular general election prior to the filing of the petition; and
6725 (ii) complies with the requirements of Subsection [ 17B-2-205 ] 17B-1-205 (1) and
6726 Section [ 17B-2-208 ; or] 17B-1-208 ;
6727 (c) a resolution proposing the creation of a local district, adopted by the legislative
6728 body of each county whose unincorporated area includes and each municipality whose
6729 boundaries include any of the proposed local district[.]; or
6730 (d) a resolution proposing the creation of a local district, adopted by the board of
6731 trustees of an existing local district whose boundaries completely encompass the proposed
6732 local district, if:
6733 (i) the proposed local district is being created to provide one or more components of
6734 the same service that the initiating local district is authorized to provide; and
6735 (ii) the initiating local district is not providing to the area of the proposed local district
6736 any of the components that the proposed local district is being created to provide.
6737 (2) (a) Each resolution under Subsection (1)(c) or (d) shall:
6738 (i) describe the area proposed to be included in the proposed local district;
6739 (ii) be accompanied by a map that shows the boundaries of the proposed local district;
6740 (iii) describe the service proposed to be provided by the proposed local district;
6741 (iv) explain the anticipated method of paying the costs of providing the proposed
6742 service;
6743 (v) state the estimated average financial impact on a household within the proposed
6744 local district; [and]
6745 (vi) state the number of members that the board of trustees of the proposed local
6746 district will have, consistent with the requirements of Subsection [17B-2-402 (1).]
6747 17B-1-302 (2);
6748 (vii) for a proposed basic local district:
6749 (A) state whether the members of the board of trustees will be elected or appointed or
6750 whether some members will be elected and some appointed, as provided in Section
6751 17B-1-1402 ;
6752 (B) if one or more members will be elected, state the basis upon which each elected

6753 member will be elected; and
6754 (C) if applicable, explain how the election or appointment of board members will
6755 transition from one method to another based on stated milestones or events, as provided in
6756 Section 17B-1-1402 ;
6757 (viii) for a proposed improvement district whose remaining area members or county
6758 members, as those terms are defined in Section 17B-2a-404 , are to be elected, state that those
6759 members will be elected; and
6760 (ix) for a proposed service area that is entirely within the unincorporated area of a
6761 single county, state whether the initial board of trustees will be:
6762 (A) the county legislative body;
6763 (B) appointed as provided in Section 17B-1-304 ; or
6764 (C) elected as provided in Section 17B-1-306 .
6765 (b) Each county or municipal legislative body adopting a resolution under Subsection
6766 (1)(c) shall, on or before the first public hearing under Section [ 17B-2-210 ] 17B-1-210 , mail or
6767 deliver a copy of the resolution to the responsible body if the county or municipal legislative
6768 body's resolution is one of multiple resolutions adopted by multiple county or municipal
6769 legislative bodies proposing the creation of the same local district.
6770 Section 131. Section 17B-1-204 , which is renumbered from Section 17B-2-204 is
6771 renumbered and amended to read:
6772 [17B-2-204]. 17B-1-204. Request for service required before filing of
6773 petition -- Request requirements.
6774 (1) A petition may not be filed until after:
6775 (a) a request has been filed with:
6776 (i) the clerk of each county in whose unincorporated area any part of the proposed local
6777 district is located; and
6778 (ii) the clerk or recorder of each municipality in which any part of the proposed local
6779 district is located; and
6780 (b) each county and municipality with which a request under Subsection (1)(a) is filed:
6781 (i) has adopted a resolution under Subsection [ 17B-2-212 ] 17B-1-212 (1) indicating
6782 whether it will provide the requested service; or
6783 (ii) is considered to have declined to provide the requested service under Subsection

6784 [ 17B-2-212 ] 17B-1-212 (2) or (3).
6785 (2) Each request under Subsection (1)(a) shall:
6786 (a) ask the county or municipality to provide the service proposed to be provided by the
6787 proposed local district within the applicable area; and
6788 (b) be signed by:
6789 (i) the owners of private real property that:
6790 (A) is located within the proposed local district;
6791 (B) covers at least 10% of the total private land area within the applicable area; and
6792 (C) is equal in value to at least 7% of the value of all private real property within the
6793 applicable area; or
6794 (ii) registered voters residing within the applicable area equal in number to at least 10%
6795 of the number of votes cast in the applicable area for the office of governor at the last general
6796 election prior to the filing of the request.
6797 (3) For purposes of Subsections (1) and (2), an area proposed to be annexed to a
6798 municipality in a petition under Section 10-2-403 filed before and still pending at the time of
6799 filing of a petition shall be considered to be part of that municipality.
6800 Section 132. Section 17B-1-205 , which is renumbered from Section 17B-2-205 is
6801 renumbered and amended to read:
6802 [17B-2-205]. 17B-1-205. Petition and request requirements -- Withdrawal
6803 of signature.
6804 (1) Each petition and request shall:
6805 (a) indicate the typed or printed name and current residence address of each property
6806 owner or registered voter signing the petition;
6807 (b) if it is a property owner request or petition, indicate the address of the property as to
6808 which the owner is signing the request or petition;
6809 (c) describe the entire area of the proposed local district;
6810 (d) be accompanied by a map showing the boundaries of the entire proposed local
6811 district;
6812 (e) specify the service proposed to be provided by the proposed local district; [and]
6813 (f) for a proposed basic local district:
6814 (i) state whether the members of the board of trustees will be elected or appointed or

6815 whether some members will be elected and some appointed, as provided in Section
6816 17B-1-1402 ;
6817 (ii) if one or more members will be elected, state the basis upon which each elected
6818 member will be elected; and
6819 (iii) if applicable, explain how the election or appointment of board members will
6820 transition from one method to another based on stated milestones or events, as provided in
6821 Section 17B-1-1402 ;
6822 (g) for a proposed improvement district whose remaining area members or county
6823 members, as those terms are defined in Section 17B-2a-404 , are to be elected, state that those
6824 members will be elected; and
6825 (h) for a proposed service area that is entirely within the unincorporated area of a single
6826 county, state whether the initial board of trustees will be:
6827 (i) the county legislative body;
6828 (ii) appointed as provided in Section 17B-1-304 ; or
6829 (iii) elected as provided in Section 17B-1-306 ; and
6830 [(f)] (i) designate up to five signers of the petition or request as sponsors, one of whom
6831 shall be designated as the contact sponsor, with the mailing address and telephone number of
6832 each.
6833 (2) A signer of a request or petition may withdraw or, once withdrawn, reinstate the
6834 signer's signature at any time before the filing of the request or petition by filing a written
6835 withdrawal or reinstatement with:
6836 (a) in the case of a request:
6837 (i) the clerk of the county or the clerk or recorder of the municipality in whose
6838 applicable area the signer's property is located, if the request is a property owner request; or
6839 (ii) the clerk of the county or the clerk or recorder of the municipality in whose
6840 applicable area the signer resides, if the request is a registered voter request; or
6841 (b) in the case of a petition, the responsible clerk.
6842 Section 133. Section 17B-1-206 , which is renumbered from Section 17B-2-206 is
6843 renumbered and amended to read:
6844 [17B-2-206]. 17B-1-206. Request certification -- Amended request.
6845 (1) Within 30 days after the filing of a request, the clerk of each county and the clerk or

6846 recorder of each municipality with which a request was filed shall:
6847 (a) with the assistance of other county or municipal officers from whom the clerk or
6848 recorder requests assistance, determine, for the clerk or recorder's respective county or
6849 municipality, whether the request complies with the requirements of Subsections [ 17B-2-204 ]
6850 17B-1-204 (2) and [ 17B-2-205 ] 17B-1-205 (1); and
6851 (b) (i) if the clerk or recorder determines that the request complies with the
6852 requirements:
6853 (A) certify the request and deliver it to the legislative body of the county or
6854 municipality, as the case may be; and
6855 (B) mail or deliver written notification of the certification to the contact sponsor; or
6856 (ii) if the clerk or recorder determines that the request fails to comply with any of the
6857 applicable requirements, reject the request and notify the contact sponsor in writing of the
6858 rejection and the reasons for the rejection.
6859 (2) If the clerk or recorder fails to certify or reject a request within 30 days after its
6860 filing, the request shall be considered to be certified.
6861 (3) Each county clerk or municipal clerk or recorder shall certify or reject requests in
6862 the order in which they are filed.
6863 (4) (a) If the county clerk or municipal clerk or recorder rejects a request under
6864 Subsection (1)(b)(ii), the request may be amended to correct the deficiencies for which it was
6865 rejected and then refiled.
6866 (b) A valid signature on a request that was rejected under Subsection (1)(b)(ii) may be
6867 used toward fulfilling the applicable signature requirement of the request as amended under
6868 Subsection (4)(a).
6869 (5) Each county clerk and municipal clerk or recorder shall act in good faith in making
6870 the determinations under this section.
6871 Section 134. Section 17B-1-207 , which is renumbered from Section 17B-2-207 is
6872 renumbered and amended to read:
6873 [17B-2-207]. 17B-1-207. Signature on request may be used on petition.
6874 A signature on a request may be used toward fulfilling the signature requirement of a
6875 petition:
6876 (1) if the request notifies the signer in conspicuous language that the signature, unless

6877 withdrawn, would also be used for purposes of a petition to create a local district; and
6878 (2) unless the signer files a written withdrawal of the signature before the petition is
6879 filed.
6880 Section 135. Section 17B-1-208 , which is renumbered from Section 17B-2-208 is
6881 renumbered and amended to read:
6882 [17B-2-208]. 17B-1-208. Additional petition requirements and limitations.
6883 (1) Each petition shall:
6884 (a) be filed with the responsible clerk;
6885 (b) separately group signatures by county and municipality, so that all signatures of the
6886 owners of real property located within or of registered voters residing within each county
6887 whose unincorporated area includes and each municipality whose boundaries include part of
6888 the proposed local district are grouped separately; and
6889 (c) state the number of members that the board of trustees of the proposed local district
6890 will have, consistent with the requirements of Subsection [17B-2-402 (1).] 17B-1-302 (2).
6891 (2) (a) A petition may not propose the creation of a local district that includes an area
6892 located within the unincorporated part of a county or within a municipality if the legislative
6893 body of that county or municipality has adopted a resolution under Subsection [ 17B-2-212 ]
6894 17B-1-212 (1) indicating that the county or municipality will provide to that area the service
6895 proposed to be provided by the proposed local district.
6896 (b) Subsection (2)(a) does not apply if the county or municipal legislative body is
6897 considered to have declined to provide the requested service under Subsection [ 17B-2-212 ]
6898 17B-1-212 (3).
6899 (c) Subsection (2)(a) may not be construed to prevent the filing of a petition that
6900 proposes the creation of a local district whose area excludes that part of the unincorporated area
6901 of a county or that part of a municipality to which the county or municipality has indicated, in a
6902 resolution adopted under Section [ 17B-2-212 ] 17B-1-212 , it will provide the requested service.
6903 (3) A petition may not propose the creation of a local district whose area includes:
6904 (a) some or all of an area described in a previously filed petition that, subject to
6905 Subsection [ 17B-2-202 ] 17B-1-202 (4)(b):
6906 (i) proposes the creation of a local district to provide the same service as proposed by
6907 the later filed petition; and

6908 (ii) is still pending at the time the later petition is filed; or
6909 (b) some or all of an area within a political subdivision that provides in that area the
6910 same service proposed to be provided by the proposed local district.
6911 (4) A petition may not be filed more than 12 months after a county or municipal
6912 legislative body declines to provide the requested service under Subsection [ 17B-2-212 ]
6913 17B-1-212 (1) or is considered to have declined to provide the requested service under
6914 Subsection [ 17B-2-212 ] 17B-1-212 (2) or (3).
6915 Section 136. Section 17B-1-209 , which is renumbered from Section 17B-2-209 is
6916 renumbered and amended to read:
6917 [17B-2-209]. 17B-1-209. Petition certification -- Amended petition.
6918 (1) Within five days after the filing of a petition, the responsible clerk shall mail a copy
6919 of the petition to the clerk of each other county and the clerk or recorder of each municipality
6920 in which any part of the proposed local district is located.
6921 (2) (a) Within 35 days after the filing of a petition, the clerk of each county whose
6922 unincorporated area includes and the clerk or recorder of each municipality whose boundaries
6923 include part of the proposed local district shall:
6924 (i) with the assistance of other county or municipal officers from whom the county
6925 clerk or municipal clerk or recorder requests assistance, determine, for the clerk or recorder's
6926 respective county or municipality, whether the petition complies with the requirements of
6927 Subsection [ 17B-2-203 ] 17B-1-203 (1)(a) or (b), as the case may be, and Subsections
6928 [ 17B-2-208 ] 17B-1-208 (2), (3), and (4); and
6929 (ii) notify the responsible clerk in writing of the clerk or recorder's determination under
6930 Subsection (2)(a)(i).
6931 (b) The responsible clerk may rely on the determinations of other county clerks or
6932 municipal clerks or recorders under Subsection (2)(a) in making the responsible clerk's
6933 determinations and certification or rejection under Subsection (3).
6934 (3) (a) Within 45 days after the filing of a petition, the responsible clerk shall:
6935 [(a)] (i) determine whether the petition complies with Subsection [ 17B-2-203 ]
6936 17B-1-203 (1)(a) or (b), as the case may be, Subsection [ 17B-2-205 ] 17B-1-205 (1), and Section
6937 [ 17B-2-208 ] 17B-1-208 ; and
6938 [(b) (i)] (ii) (A) if the responsible clerk determines that the petition complies with the

6939 applicable requirements:
6940 [(A)] (I) (Aa) certify the petition and deliver the certified petition to the responsible
6941 body; and
6942 [(B)] (Bb) mail or deliver written notification of the certification to the contact
6943 sponsor; or
6944 (II) for each petition described in Subsection (3)(b)(i), deliver a copy of the petition to
6945 the legislative body of each county whose unincorporated area includes and each municipality
6946 whose boundaries include any of the proposed basic local district, with a notice indicating that
6947 the clerk has determined that the petition complies with applicable requirements; or
6948 [(ii)] (B) if the responsible clerk determines that the petition fails to comply with any
6949 of the applicable requirements, reject the petition and notify the contact sponsor in writing of
6950 the rejection and the reasons for the rejection.
6951 (b) (i) A petition for which an election is not required under Subsection 17B-1-214 (3)
6952 and that proposes the creation of a basic local district that has within its boundaries fewer than
6953 one residential dwelling unit per ten acres of land may not be certified without the approval, by
6954 resolution, of the legislative body of each county whose unincorporated area includes and each
6955 municipality whose boundaries include any of the proposed local district.
6956 (ii) Before adopting a resolution giving its approval under Subsection (3)(b)(i), a
6957 county or municipal legislative body may hold one or more public hearings on the petition.
6958 (iii) If a petition described in Subsection (3)(b)(i) is approved as provided in that
6959 subsection, the responsible clerk shall, within ten days after its approval:
6960 (A) certify the petition and deliver the certified petition to the responsible body; and
6961 (B) mail or deliver written notification of the certification to the contact sponsor.
6962 (4) [If] Except for a petition described in Subsection (3)(b)(i), if the responsible clerk
6963 fails to certify or reject a petition within 45 days after its filing, the petition shall be considered
6964 to be certified.
6965 (5) The responsible clerk shall certify or reject petitions in the order in which they are
6966 filed.
6967 (6) (a) If the responsible clerk rejects a petition under Subsection (3)[(b)(ii)] (a)(ii)(B),
6968 the petition may be amended to correct the deficiencies for which it was rejected and then
6969 refiled.

6970 (b) A valid signature on a petition that was rejected under Subsection (3)[(b)(ii)]
6971 (a)(ii)(B) may be used toward fulfilling the applicable signature requirement of the petition as
6972 amended under Subsection (6)(a).
6973 (c) If a petition is amended and refiled under Subsection (6)(a) after having been
6974 rejected by the responsible clerk under Subsection (3)[(b)](a)(ii)(B), the amended petition shall
6975 be considered as newly filed, and its processing priority shall be determined by the date on
6976 which it is refiled.
6977 (7) The responsible clerk and each county clerk and municipal clerk or recorder shall
6978 act in good faith in making the determinations under this section.
6979 Section 137. Section 17B-1-210 , which is renumbered from Section 17B-2-210 is
6980 renumbered and amended to read:
6981 [17B-2-210]. 17B-1-210. Public hearing.
6982 (1) The legislative body of each county and municipality with which a request is filed
6983 or that adopts a resolution under Subsection [ 17B-2-203 ] 17B-1-203 (1)(c) and the board of
6984 trustees of each local district that adopts a resolution under Subsection 17B-1-203 (1)(d) shall
6985 hold a public hearing or a set of public hearings, sufficient in number and location to ensure
6986 that no substantial group of residents of the proposed local district need travel an unreasonable
6987 distance to attend a public hearing.
6988 (2) Each public hearing under Subsection (1) shall be held:
6989 (a) no later than 45 days after:
6990 (i) for a public hearing on a request, certification of a request under Subsection
6991 [ 17B-2-206 ] 17B-1-206 (1)(b)(i); or
6992 (ii) for a public hearing on a resolution, adoption of a resolution under Subsection
6993 [ 17B-2-203 ] 17B-1-203 (1)(c) or (d);
6994 (b) within the proposed local district;
6995 (c) except as provided in Subsections (6) and (7), within the applicable area; and
6996 (d) for the purpose of:
6997 (i) for a public hearing on a request, allowing public input on:
6998 (A) whether the requested service is needed in the area of the proposed local district;
6999 (B) whether the service should be provided by the county or municipality or the
7000 proposed local district; and

7001 (C) all other matters relating to the request or the proposed local district; or
7002 (ii) for a public hearing on a resolution, allowing the public to ask questions of and
7003 obtain further information from the [legislative] governing body [of each county or
7004 municipality] holding the hearing regarding the issues contained in or raised by the resolution.
7005 (3) A quorum of [the legislative] each governing body [of each county or municipal
7006 legislative body] holding a public hearing under this section shall be present throughout each
7007 hearing held by that [county or municipal legislative] governing body.
7008 (4) Each hearing under this section shall be held on a weekday evening other than a
7009 holiday beginning no earlier than [6:00] 6 p.m.
7010 (5) At the beginning and end of each hearing concerning a resolution, the [legislative]
7011 governing body shall announce the deadline for filing protests and generally explain the protest
7012 procedure and requirements.
7013 (6) Two or more county or municipal legislative bodies may jointly hold a hearing or
7014 set of hearings required under this section if all the requirements of this section, other than the
7015 requirements of Subsection (2)(c), are met as to each hearing.
7016 (7) Notwithstanding Subsection (2)(c), a [county or municipal legislative] governing
7017 body may hold a public hearing or set of public hearings outside the applicable area if:
7018 (a) there is no reasonable place to hold a public hearing within the applicable area; and
7019 (b) the public hearing or set of public hearings is held as close to the applicable area as
7020 reasonably possible.
7021 Section 138. Section 17B-1-211 , which is renumbered from Section 17B-2-211 is
7022 renumbered and amended to read:
7023 [17B-2-211]. 17B-1-211. Notice of public hearings -- Publication of
7024 resolution.
7025 (1) Before holding a public hearing or set of public hearings under Section
7026 [ 17B-2-210 ] 17B-1-210 , the legislative body of each county or municipality with which a
7027 request is filed or that adopts a resolution under Subsection [ 17B-2-203 ] 17B-1-203 (1)(c) and
7028 the board of trustees of each local district that adopts a resolution under Subsection
7029 17B-1-203 (1)(d) shall:
7030 (a) (i) except as provided in Subsection (1)(a)(ii), publish notice in a newspaper or
7031 combination of newspapers of general circulation within the applicable area; or

7032 (ii) if there is no newspaper or combination of newspapers of general circulation within
7033 the applicable area, post at least one notice per 1,000 population of that area, at places within
7034 the area that are most likely to provide actual notice to residents of the area; or
7035 (b) mail a notice to each registered voter residing within and each owner of real
7036 property located within the proposed local district.
7037 (2) Each published notice under Subsection (1)(a) shall:
7038 (a) be no less than 1/4 page in size, use type no smaller than 18 point, and be
7039 surrounded by a 1/4-inch border;
7040 (b) if possible, appear in a newspaper that is published at least one day per week;
7041 (c) if possible, appear in a newspaper of general interest and readership in the area and
7042 not of limited subject matter;
7043 (d) be placed in a portion of the newspaper other than where legal notices and
7044 classified advertisements appear; and
7045 (e) be run at least once each week for two successive weeks, with the final publication
7046 being no less than three and no more than ten days before the hearing or the first of the set of
7047 hearings.
7048 (3) Each notice required under Subsection (1) shall:
7049 (a) if the hearing or set of hearings is concerning a resolution:
7050 (i) contain the entire text or an accurate summary of the resolution; and
7051 (ii) state the deadline for filing a protest against the creation of the proposed local
7052 district;
7053 (b) clearly identify each [county or municipal legislative] governing body involved in
7054 the hearing or set of hearings;
7055 (c) state the date, time, and place for the hearing or set of hearings and the purposes for
7056 the hearing or set of hearings; and
7057 (d) describe or include a map of the entire proposed local district.
7058 (4) County or municipal legislative bodies may jointly provide the notice required
7059 under this section if all the requirements of this section are met as to each notice.
7060 Section 139. Section 17B-1-212 , which is renumbered from Section 17B-2-212 is
7061 renumbered and amended to read:
7062 [17B-2-212]. 17B-1-212. Resolution indicating whether the requested

7063 service will be provided.
7064 (1) Within 60 days after the last hearing required under Section [ 17B-2-210 ]
7065 17B-1-210 concerning a request, the legislative body of each county whose unincorporated area
7066 includes and the legislative body of each municipality whose boundaries include any part of the
7067 proposed local district shall adopt a resolution indicating whether the county or municipality
7068 will provide to the area of the proposed local district within its boundaries the service proposed
7069 to be provided by the proposed local district.
7070 (2) If the legislative body of a county or municipality fails to adopt a resolution within
7071 the time provided under Subsection (1), the county or municipal legislative body shall be
7072 considered to have declined to provide the service requested.
7073 (3) If the county or municipality adopts a resolution under Subsection (1) indicating
7074 that it will provide the requested service but does not, within 120 days after the adoption of that
7075 resolution, take substantial measures to provide the requested service, the county or municipal
7076 legislative body shall be considered to have declined to provide the requested service.
7077 (4) Each county or municipality that adopts a resolution under Subsection (1)
7078 indicating that it will provide the requested service shall diligently proceed to take all measures
7079 necessary to provide the service.
7080 Section 140. Section 17B-1-213 , which is renumbered from Section 17B-2-213 is
7081 renumbered and amended to read:
7082 [17B-2-213]. 17B-1-213. Protest after adoption of resolution -- Adoption
7083 of resolution approving creation for certain districts.
7084 (1) For purposes of this section, "adequate protests" means protests that are:
7085 (a) filed with the county clerk [or], municipal clerk or recorder, or local district
7086 secretary or clerk, as the case may be, within 60 days after the last public hearing required
7087 under Section [ 17B-2-210 ] 17B-1-210 ; and
7088 (b) signed by:
7089 (i) the owners of private real property that:
7090 (A) is located within the proposed local district;
7091 (B) covers at least 25% of the total private land area within the applicable area; and
7092 (C) is equal in value to at least 15% of the value of all private real property within the
7093 applicable area; or

7094 (ii) registered voters residing within the applicable area equal in number to at least 25%
7095 of the number of votes cast in the applicable area for the office of governor at the last general
7096 election prior to the adoption of the resolution.
7097 (2) If adequate protests are filed, the [county or municipal legislative] governing body
7098 that adopted a resolution under Subsection [ 17B-2-203 ] 17B-1-203 (1)(c) or (d):
7099 (a) may not:
7100 (i) hold or participate in an election under Subsection [ 17B-2-214 ] 17B-1-214 (1) with
7101 respect to the applicable area;
7102 (ii) take any further action under the protested resolution to create a local district or
7103 include the applicable area in a local district; or
7104 (iii) for a period of two years, adopt a resolution under Subsection [ 17B-2-203 ]
7105 17B-1-203 (1)(c) or (d) proposing the creation of a local district including substantially the
7106 same area as the applicable area and providing the same service as the proposed local district in
7107 the protested resolution; and
7108 (b) shall, within five days [of] after receiving adequate protests, mail or deliver written
7109 notification of the adequate protests to the responsible body.
7110 (3) Subsection (2)(a) may not be construed to prevent an election from being held for a
7111 proposed local district whose boundaries do not include an applicable area that is the subject of
7112 adequate protests.
7113 (4) (a) If adequate protests are not filed with respect to a resolution proposing the
7114 creation of a local district for which an election is not required under Subsection [ 17B-2-214 ]
7115 17B-1-214 (3)(c) or (d), a resolution approving the creation of the local district may be adopted
7116 by:
7117 (i) (A) the legislative body of a county whose unincorporated area is included within
7118 the proposed local district; and
7119 [(ii)] (B) the legislative body of a municipality whose area is included within the
7120 proposed local district[.]; or
7121 (ii) the board of trustees of the initiating local district.
7122 (b) Each resolution adopted under Subsection (4)(a) shall:
7123 (i) describe the area included in the local district;
7124 (ii) be accompanied by a map that shows the boundaries of the local district;

7125 (iii) describe the service to be provided by the local district;
7126 (iv) state the name of the local district; and
7127 (v) provide a process for the appointment of the members of the initial board of
7128 trustees.
7129 Section 141. Section 17B-1-214 , which is renumbered from Section 17B-2-214 is
7130 renumbered and amended to read:
7131 [17B-2-214]. 17B-1-214. Election -- Exceptions.
7132 (1) (a) Except as provided in Subsection (3) and in Subsection [ 17B-2-213 ]
7133 17B-1-213 (2)(a), an election on the question of whether the local district should be created
7134 shall be held by:
7135 (i) if the proposed local district is located entirely within a single county, the
7136 responsible clerk; or
7137 (ii) except as provided under Subsection (1)(b), if the proposed local district is located
7138 within more than one county, the clerk of each county in which part of the proposed local
7139 district is located, in cooperation with the responsible clerk.
7140 (b) Notwithstanding Subsection (1)(a)(ii), if the proposed local district is located
7141 within more than one county and the only area of a county that is included within the proposed
7142 local district is located within a single municipality, the election for that area shall be held by
7143 the municipal clerk or recorder, in cooperation with the responsible clerk.
7144 (2) Each election under Subsection (1) shall be held at the next special or regular
7145 general election date that is:
7146 (a) for an election pursuant to a property owner or registered voter petition, more than
7147 45 days after certification of the petition under Subsection [ 17B-2-209 ] 17B-1-209 (3)(b)(i); or
7148 (b) for an election pursuant to a resolution, more than 60 days after the latest hearing
7149 required under Section [ 17B-2-210 ] 17B-1-210 .
7150 (3) The election requirement of Subsection (1) does not apply to:
7151 (a) [to] a petition filed under Subsection [ 17B-2-203 ] 17B-1-203 (1)(a) if it contains the
7152 signatures of the owners of private real property that:
7153 (i) is located within the proposed local district;
7154 (ii) covers at least 67% of the total private land area within the proposed local district
7155 as a whole and within each applicable area; and

7156 (iii) is equal in value to at least 50% of the value of all private real property within the
7157 proposed local district as a whole and within each applicable area;
7158 (b) [to] a petition filed under Subsection [ 17B-2-203 ] 17B-1-203 (1)(b) if it contains the
7159 signatures of registered voters residing within the proposed local district as a whole and within
7160 each applicable area, equal in number to at least 67% of the number of votes cast in the
7161 proposed local district as a whole and in each applicable area, respectively, for the office of
7162 governor at the last general election prior to the filing of the petition; [or]
7163 (c) [to] a resolution adopted under Subsection [ 17B-2-203 ] 17B-1-203 (1)(c) on or after
7164 May 5, 2003 that proposes the creation of a local district to provide fire protection, paramedic,
7165 and emergency services, if the proposed local district includes a majority of the unincorporated
7166 area of one or more counties[.]; or
7167 (d) a resolution adopted under Subsection 17B -1-203(1)(c) or (d) if the resolution
7168 proposes the creation of a local district that has no registered voters within its boundaries.
7169 (4) (a) If the proposed local district is located in more than one county, the responsible
7170 clerk shall coordinate with the clerk of each other county and the clerk or recorder of each
7171 municipality involved in an election under Subsection (1) so that the election is held on the
7172 same date and in a consistent manner in each jurisdiction.
7173 (b) The clerk of each county and the clerk or recorder of each municipality involved in
7174 an election under Subsection (1) shall cooperate with the responsible clerk in holding the
7175 election.
7176 (c) Except as otherwise provided in this part, each election under Subsection (1) shall
7177 be governed by Title 20A, Election Code.
7178 Section 142. Section 17B-1-215 , which is renumbered from Section 17B-2-215 is
7179 renumbered and amended to read:
7180 [17B-2-215]. 17B-1-215. Notice to lieutenant governor -- Certificate of
7181 incorporation -- Local district incorporated -- Incorporation presumed conclusive.
7182 (1) The responsible body shall file a notice with the lieutenant governor within ten days
7183 after:
7184 (a) the canvass of an election under Section [ 17B-2-214 ] 17B-1-214 , if a majority of
7185 those voting at the election within the proposed local district as a whole vote in favor of the
7186 creation of a local district;

7187 (b) certification of a petition as to which the election requirement of Subsection
7188 [ 17B-2-214 ] 17B-1-214 (1) does not apply because of Subsection [ 17B-2-214 ] 17B-1-214 (3)(a)
7189 or (b); or
7190 (c) adoption of a resolution under Subsection [ 17B-2-213 ] 17B-1-213 (4) approving the
7191 creation of a local district for which an election was not required under Subsection [ 17B-2-214 ]
7192 17B-1-214 (3)(c) or (d), by the legislative body of each county whose unincorporated area is
7193 included within and the legislative body of each municipality whose area is included within the
7194 proposed local district, or by the board of trustees of the initiating local district.
7195 (2) The area of each local district shall consist of:
7196 (a) if an election was held under Section [ 17B-2-214 ] 17B-1-214 , the area of the new
7197 local district as approved at the election;
7198 (b) if an election was not required because of Subsection [ 17B-2-214 ] 17B-1-214 (3)(a)
7199 or (b), the area of the proposed local district as described in the petition; or
7200 (c) if an election was not required because of Subsection [ 17B-2-214 ] 17B-1-214 (3)(c)
7201 or (d), the area of the new local district as described in the resolution adopted under Subsection
7202 [ 17B-2-213 ] 17B-1-213 (4).
7203 (3) In each notice under Subsection (1) the responsible body shall:
7204 (a) if the notice follows an election under Section [ 17B-2-214 ] 17B-1-214 , certify the
7205 results of the election;
7206 (b) describe the boundaries of the new local district with an accurate map or plat
7207 showing the boundaries delineated in Subsection (2), prepared and certified by a licensed
7208 surveyor and filed with the county surveyor in accordance with Section 17-23-17 ; and
7209 (c) certify that all requirements for the creation of a local district have been complied
7210 with.
7211 [(4) Within ten days after receiving the notice under Subsection (1), the lieutenant
7212 governor shall issue a certificate of incorporation for the new local district and send a copy of
7213 the certificate to the responsible body.]
7214 [(5)] (4) Upon the lieutenant governor's issuance of the certificate of creation under
7215 Section 67-1a-6.5 , the local district is created and incorporated.
7216 [(6) A local district shall be conclusively presumed to be lawfully incorporated if no
7217 challenge to the existence or incorporation of the local district is filed in district court within 90

7218 days after the lieutenant governor issues a certificate of creation.]
7219 Section 143. Section 17B-1-216 , which is renumbered from Section 17B-2-216 is
7220 renumbered and amended to read:
7221 [17B-2-216]. 17B-1-216. Costs and expenses of creating a local district.
7222 (1) Except as provided in Subsection (2), each county whose unincorporated area
7223 includes and each municipality whose boundaries include some or all of the proposed local
7224 district shall bear their respective costs and expenses associated with the procedure under this
7225 part for creating a local district.
7226 (2) Within a year after its creation, each local district shall reimburse the costs and
7227 expenses associated with the preparation, certification, and filing of the map of the local district
7228 under Subsection [ 17B-2-215 ] 17B-1-215 (3)(b).
7229 Section 144. Section 17B-1-217 , which is renumbered from Section 17A-2-103 is
7230 renumbered and amended to read:
7231 [17A-2-103]. 17B-1-217. Conclusive presumption regarding creation and
7232 existence.
7233 Notwithstanding any other provision of law, [an independent special] a local district
7234 [under this chapter] shall be conclusively presumed to have been lawfully created and existing
7235 if[: (1)] for two years following the district's creation under Subsection 17B-1-215 (4):
7236 [(a)] (1) the district has:
7237 [(i)] (a) levied and collected a tax; or
7238 [(ii)] (b) collected a fee, charge, or assessment[, or tax increment] for a commodity,
7239 service, facility, or improvement provided by the district; and
7240 [(b)] (2) no challenge has been filed in court to the existence or creation of the district[;
7241 and].
7242 [(2) the district has complied with Subsections 17A-1-102 (1) and 17A-1-504 (1).]
7243 Section 145. Section 17B-1-301 , which is renumbered from Section 17B-2-401 is
7244 renumbered and amended to read:
7245 Part 3. Board of Trustees
7246 [17B-2-401]. 17B-1-301. Board of trustees duties and powers.
7247 (1) (a) Each local district shall be governed by a board of trustees which shall manage
7248 and conduct the business and affairs of the district and shall determine all questions of district

7249 policy.
7250 (b) All powers of a local district are exercised through the board of trustees.
7251 (2) The board of trustees may:
7252 (a) fix the location of the local district's principal place of business and the location of
7253 all offices and departments, if any;
7254 (b) fix the times of meetings of the board of trustees;
7255 [(b)] (c) select and use an official district seal;
7256 [(c)] (d) employ employees and agents, or delegate to district officers power to employ
7257 employees and agents, for the operation of the local district and its properties and prescribe or
7258 delegate to district officers the power to prescribe the duties, compensation, and terms and
7259 conditions of employment of those employees and agents;
7260 [(d)] (e) require district officers and employees charged with the handling of district
7261 funds to provide surety bonds in an amount set by the board or provide a blanket surety bond to
7262 cover [all those] officers and employees;
7263 [(e)] (f) contract for or employ professionals to perform work or services for the local
7264 district that cannot satisfactorily be performed by the officers or employees of the district;
7265 [(f)] (g) through counsel, prosecute on behalf of or defend the local district in all court
7266 actions or other proceedings in which the district is a party or is otherwise involved;
7267 [(g)] (h) adopt bylaws for the orderly functioning of the board;
7268 [(h)] (i) adopt and enforce rules and regulations for the orderly operation of the local
7269 district [and] or for carrying out the district's purposes [for which the district was created];
7270 [(i)] (j) prescribe a system of civil service for district employees;
7271 [(j)] (k) on behalf of the local district, enter into contracts that the board considers to be
7272 for the benefit of the district;
7273 [(k)] (l) acquire, construct or cause to be constructed, operate, occupy, control, and use
7274 buildings, works, or other facilities for carrying out the purposes of the local district;
7275 [(l)] (m) on behalf of the local district, acquire, use, hold, manage, occupy, and possess
7276 property necessary to carry out the purposes of the district, dispose of property when the board
7277 considers it appropriate, and institute and maintain in the name of the district any action or
7278 proceeding to enforce, maintain, protect, or preserve rights or privileges associated with district
7279 property; [and]

7280 (n) delegate to a district officer the exercise of a district duty; and
7281 [(m)] (o) exercise all powers and perform all functions in the operation of the local
7282 district and its properties as are ordinarily exercised by the governing body of a political
7283 subdivision of the state and as are necessary to accomplish the purposes of the district.
7284 Section 146. Section 17B-1-302 , which is renumbered from Section 17B-2-402 is
7285 renumbered and amended to read:
7286 [17B-2-402]. 17B-1-302. Board member qualifications -- Number of board
7287 members.
7288 (1) (a) Each member of a local district board of trustees shall be:
7289 (i) a registered voter; and
7290 (ii) except as provided in Subsections (1)(b) and (c), a resident within:
7291 (A) the boundaries of the local district; and
7292 (B) if applicable, the boundaries of the division of the local district from which the
7293 member is elected.
7294 (b) (i) As used in this Subsection (1)(b):
7295 (A) "Proportional number" means the number of members of a board of trustees that
7296 bears, as close as mathematically possible, the same proportion to all members of the board that
7297 the number of seasonally occupied homes bears to all residences within the district that receive
7298 service from the district.
7299 (B) "Seasonally occupied home" means a single-family residence:
7300 (I) that is located within the local district;
7301 (II) that receives service from the local district; and
7302 (III) whose owner:
7303 (Aa) does not reside permanently at the residence; and
7304 (Bb) may occupy the residence on a temporary or seasonal basis.
7305 (ii) If over 50% of the residences within a local district that receive service from the
7306 local district are seasonally occupied homes, the requirement under Subsection (1)(a)(ii) is
7307 replaced, for a proportional number of members of the board of trustees, with the requirement
7308 that the member be an owner of land that:
7309 (A) receives service from the district; and
7310 (B) is located within:

7311 (I) the local district; and
7312 (II) if applicable, the division from which the member is elected.
7313 (c) For a board of trustees member in a basic local district that has within its
7314 boundaries fewer than one residential dwelling unit per ten acres of land, the requirement under
7315 Subsection (1)(a)(ii) is replaced with the requirement that the member be an owner of land
7316 within the local district that receives service from the district, or an agent or officer of the
7317 owner.
7318 [(1) The] (2) Except as otherwise provided by statute, the number of members of each
7319 board of trustees of a local district shall be an odd number that is no less than three and no
7320 more than nine.
7321 [(2)] (3) For a newly created local district, the number of members of the initial board
7322 of trustees shall be the number specified:
7323 (a) for a local district whose creation was initiated by a petition under Subsection
7324 [ 17B-2-203 ] 17B-1-203 (1)(a) or (b), in the petition; or
7325 (b) for a local district whose creation was initiated by a resolution under Subsection
7326 [ 17B-2-203 ] 17B-1-203 (1)(c) or (d), in the resolution.
7327 [(3)] (4) (a) For an existing local district, the number of members of the board of
7328 trustees may be changed by a two-thirds vote of the board of trustees.
7329 (b) No change in the number of members of a board of trustees under Subsection [(3)]
7330 (4)(a) may:
7331 (i) violate Subsection [(1)] (2); or
7332 (ii) serve to shorten the term of any member of the board.
7333 Section 147. Section 17B-1-303 , which is renumbered from Section 17B-2-403 is
7334 renumbered and amended to read:
7335 [17B-2-403]. 17B-1-303. Term of board of trustees members -- Oath of
7336 office -- Bond.
7337 (1) [The] (a) Except as provided in Subsection (1)(b), the term of each member of a
7338 board of trustees shall begin at noon on the first Monday of January following the member's
7339 election or appointment.
7340 (b) The term of each member of the initial board of trustees of a newly created local
7341 district shall begin:

7342 (i) upon appointment, for an appointed member; and
7343 (ii) upon the member taking the oath of office after the canvass of the election at which
7344 the member is elected, for an elected member.
7345 (2) (a) [The] (i) Subject to Subsection (2)(a)(ii), the term of each member of a board of
7346 trustees shall be four years, except that approximately half the members of the initial board of
7347 trustees, chosen by lot, shall serve a two-year term so that the term of approximately half the
7348 board members expires every two years.
7349 (ii) (A) If the terms of members of the initial board of trustees of a newly created local
7350 district do not begin on the first Monday of January because of application of Subsection
7351 (1)(b), the terms of those members shall be adjusted as necessary, subject to Subsection
7352 (2)(a)(ii)(B), to result in the terms of their successors complying with:
7353 (I) the requirement under Subsection (1)(a) for a term to begin on the first Monday of
7354 January; and
7355 (II) the requirement under Subsection (2)(a)(i) that terms be four years.
7356 (B) An adjustment under Subsection (2)(a)(ii)(A) may not add more than a year to or
7357 subtract more than a year from a member's term.
7358 (b) Each board of trustees member shall serve until a successor is duly elected or
7359 appointed and qualified, unless the member earlier is removed from office or resigns or
7360 otherwise leaves office.
7361 (c) If a member of a board of trustees no longer meets the qualifications of Subsection
7362 17B-1-302 (1):
7363 (i) the member's position is considered vacant, subject to Subsection (2)(c)(ii); and
7364 (ii) the member may continue to serve until a successor is duly elected or appointed
7365 and qualified.
7366 (3) (a) Before entering upon the duties of office, each member of a board of trustees
7367 shall take the oath of office specified in Utah Constitution Article IV, Section 10.
7368 (b) The failure of a board of trustees member to take the oath required by Subsection
7369 (3)(a) does not invalidate any official act of that member.
7370 (4) A board of trustees member is not limited in the number of terms the member may
7371 serve.
7372 (5) Except as provided in Subsection (6), each midterm vacancy in a board of trustees

7373 position shall be filled as provided in Section 20A-1-512 .
7374 (6) (a) For purposes of this Subsection (6):
7375 (i) "Appointed official" means a person who:
7376 (A) is appointed as a member of a local district board of trustees by a county or
7377 municipality entitled to appoint a member to the board; and
7378 (B) holds an elected position with the appointing county or municipality.
7379 (ii) "Appointing [authority] entity" means the county or municipality that appointed the
7380 appointed official to the board of trustees.
7381 (b) The board of trustees shall declare a midterm vacancy for the board position held
7382 by an appointed official if:
7383 (i) during the appointed official's term on the board of trustees, the appointed official
7384 ceases to hold the elected position with the appointing [authority] entity; and
7385 (ii) the appointing [authority] entity submits a written request to the board to declare
7386 the vacancy.
7387 (c) Upon the board's declaring a midterm vacancy under Subsection (6)(b), the
7388 appointing [authority] entity shall appoint another person to fill the remaining unexpired term
7389 on the board of trustees.
7390 (7) (a) Each member of a board of trustees shall give a bond for the faithful
7391 performance of the member's duties, in the amount and with the sureties prescribed by the
7392 board of trustees.
7393 (b) The local district shall pay the cost of each bond required under Subsection (7)(a).
7394 Section 148. Section 17B-1-304 , which is renumbered from Section 17A-1-303 is
7395 renumbered and amended to read:
7396 [17A-1-303]. 17B-1-304. Appointment procedures for appointed
7397 members.
7398 (1) The appointing authority may, by resolution, appoint persons to serve as members
7399 of a [special] local district board by following the procedures established by this section.
7400 (2) (a) In any calendar year when appointment of a new [special] local district board
7401 member is required, the appointing authority shall prepare a notice of vacancy that contains:
7402 (i) the positions that are vacant that must be filled by appointment;
7403 (ii) the qualifications required to be appointed to those positions;

7404 (iii) the procedures for appointment that the governing body will follow in making
7405 those appointments; and
7406 (iv) the person to be contacted and any deadlines that a person must meet who wishes
7407 to be considered for appointment to those positions.
7408 (b) The appointing authority shall:
7409 (i) post the notice of vacancy in four public places within the [special] local district at
7410 least one month before the deadline for accepting nominees for appointment; and
7411 (ii) publish the notice of vacancy:
7412 (A) in a daily newspaper of general circulation within the [special] local district for
7413 five consecutive days before the deadline for accepting nominees for appointment; or
7414 (B) in a local weekly newspaper circulated within the [special] local district in the
7415 week before the deadline for accepting nominees for appointment.
7416 (c) The appointing authority may bill the [special] local district for the cost of
7417 preparing, printing, and publishing the notice.
7418 (3) (a) Not sooner than two months after the appointing authority is notified of the
7419 vacancy, the appointing authority shall select a person to fill the vacancy from the applicants
7420 who meet the qualifications established by law.
7421 (b) The appointing authority shall:
7422 (i) comply with Title 52, Chapter 4, Open and Public Meetings Act, in making the
7423 appointment;
7424 (ii) allow any interested persons to be heard; and
7425 (iii) adopt a resolution appointing a person to the [special] local district board.
7426 (c) If no candidate for appointment to fill the vacancy receives a majority vote of the
7427 appointing authority, the appointing authority shall select the appointee from the two top
7428 candidates by lot.
7429 (4) Persons appointed to serve as members of the [special] local district board serve
7430 four-year terms, but may be removed [with] for cause at any time after a hearing by 2/3 vote of
7431 the appointing body.
7432 (5) At the end of each board member's term, the position is considered vacant and the
7433 [governing body] appointing authority may either reappoint the old board member or appoint a
7434 new member after following the appointment procedures established in this section.

7435 (6) Notwithstanding any other provision of this section, if the appointing authority
7436 appoints one of its own members, it need not comply with the provisions of this section.
7437 Section 149. Section 17B-1-305 , which is renumbered from Section 17A-1-304 is
7438 renumbered and amended to read:
7439 [17A-1-304]. 17B-1-305. Notice of offices to be filled.
7440 On or before February 1 of each municipal election year, the board of each [special]
7441 local district shall prepare and transmit to the clerk of each county in which any part of the
7442 district is located a written notice that:
7443 (1) designates the offices to be filled at that year's municipal general election; and
7444 (2) identifies the dates for filing a declaration of candidacy for those offices.
7445 Section 150. Section 17B-1-306 , which is renumbered from Section 17A-1-305 is
7446 renumbered and amended to read:
7447 [17A-1-305]. 17B-1-306. Local district board -- Election procedures.
7448 (1) Except as provided in Subsection (11), each elected board member shall be selected
7449 as provided in this section.
7450 (2) (a) Each election of a [special] local district board member shall be held:
7451 (i) in conjunction with the municipal general election; and
7452 (ii) at polling places designated by the clerk of each county in which the [special] local
7453 district is located.
7454 (b) (i) Subject to Subsections (4)(f) and (g), the number of polling places under
7455 Subsection (2)(a)(ii) in an election of board members of an irrigation district [established under
7456 Chapter 2, Part 7, Irrigation Districts,] shall be one polling place per division of the district,
7457 designated by the district board.
7458 (ii) Each polling place designated by an irrigation district board under Subsection
7459 (2)(b)(i) shall coincide with a polling place designated by the county clerk under Subsection
7460 (2)(a)(ii).
7461 (3) (a) The clerk of each [special] local district with a board member position to be
7462 filled at the next municipal general election shall provide notice of:
7463 (i) each elective position of the [special] local district to be filled at the next municipal
7464 general election;
7465 (ii) the constitutional and statutory qualifications for each position; and

7466 (iii) the dates and times for filing a declaration of candidacy.
7467 (b) The notice required under Subsection (3)(a) shall be:
7468 (i) posted in at least five public places within the [special] local district at least ten days
7469 before the first day for filing a declaration of candidacy; or
7470 (ii) published in a newspaper of general circulation within the [special] local district at
7471 least three but no more than ten days before the first day for filing a declaration of candidacy.
7472 (4) (a) To become a candidate for an elective [special] local district board position, the
7473 prospective candidate shall file a declaration of candidacy in person with the [special] local
7474 district, during office hours and not later than 5 p.m. between July 15 and August 15 of any
7475 odd-numbered year.
7476 (b) When August 15 is a Saturday or Sunday, the filing time shall be extended until 5
7477 p.m. on the following Monday.
7478 (c) (i) Before the filing officer may accept any declaration of candidacy, the filing
7479 officer shall:
7480 (A) read to the prospective candidate the constitutional and statutory qualification
7481 requirements for the office that the candidate is seeking; and
7482 (B) require the candidate to state whether or not the candidate meets those
7483 requirements.
7484 (ii) If the prospective candidate does not meet the qualification requirements for the
7485 office, the filing officer may not accept the declaration of candidacy.
7486 (iii) If it appears that the prospective candidate meets the requirements of candidacy,
7487 the filing officer shall accept the declaration of candidacy.
7488 (d) [(i) Except as provided in Subsection (4)(d)(ii), the] The declaration of candidacy
7489 shall substantially comply with the following form:
7490 "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
7491 ____________, City of, County of, State of Utah, (Zip Code) ______, (Telephone Number, if
7492 any)____________; that I [am a registered voter and qualified elector of the special] meet the
7493 qualifications for the office of board of trustees member for _______________________ (state
7494 the name of the local district); that I am a candidate for [the] that office [of
7495 ____________(stating the term)] to be voted upon at the November municipal general election
7496 to be held on Tuesday, the ______ day of November, ____, and I hereby request that my name

7497 be printed upon the official ballot for that election.
7498 (Signed) _________________________________________
7499 Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
7500 of ____________, ____.
7501 (Signed) ________________________
7502 (Clerk or Notary Public)"
7503 [(ii) In a declaration of candidacy under Subsection (4)(d)(i) for an election of a board
7504 member of an irrigation district under Chapter 2, Part 7, Irrigation Districts, the words
7505 "registered voter and" shall not be included.]
7506 (e) Each person wishing to become a valid write-in candidate for an elective [special]
7507 local district board position is governed by Section 20A-9-601 .
7508 (f) If at least one person does not file a declaration of candidacy as required by this
7509 section, a person shall be appointed to fill that board position by following the procedures and
7510 requirements for appointment established in Section 20A-1-512 .
7511 (g) If only one candidate files a declaration of candidacy for a position on the board of
7512 an irrigation district [established under Chapter 2, Part 7, Irrigation Districts], the board need
7513 not hold an election for that position and may appoint that candidate to the board.
7514 (5) There shall be no primary election.
7515 (6) (a) Except as provided in Subsection (6)(c), the [special] local district clerk shall
7516 certify the candidate names to the clerk of each county in which the [special] local district is
7517 located no later than August 20 of the municipal election year.
7518 (b) (i) Except as provided in Subsection (6)(c), the clerk of each county in which the
7519 [special] local district is located shall coordinate the placement of the name of each candidate
7520 for [special] local district office in the nonpartisan section of the municipal general election
7521 ballot with the municipal election clerk.
7522 (ii) If consolidation of the [special] local district election ballot with the municipal
7523 general election ballot is not feasible, the county clerk shall provide for a separate [special]
7524 local district election ballot to be administered by separate election judges at polling locations
7525 designated by the county clerk in consultation with the [special] local district.
7526 (c) (i) Subsections (6)(a) and (b) do not apply to an election of a member of the board
7527 of an irrigation district established under Chapter [2] 2a, Part [7] 5, Irrigation [Districts]

7528 District Act.
7529 (ii) (A) Subject to Subsection (6)(c)(ii)(B), the board of each irrigation district shall
7530 prescribe the form of the ballot for each board member election.
7531 (B) Each ballot for an election of an irrigation district board member shall be in a
7532 nonpartisan format.
7533 [(7) (a) (i) Except as provided in Subsection (7)(a)(ii), only qualified electors of the
7534 special district who are registered to vote and who are entitled to vote may vote.]
7535 [(ii)] (7) (a) Each voter at an election for a board of trustees member of [an irrigation] a
7536 local district [established under Chapter 2, Part 7, Irrigation Districts,] shall:
7537 (i) be a registered voter, except for an election of:
7538 (A) an irrigation district board of trustees member; or
7539 (B) a basic local district board of trustees member who is elected by property owners;
7540 and
7541 (ii) meet the requirements to vote established by the district.
7542 (b) Each voter may vote for as many candidates as there are offices to be filled.
7543 (c) The candidates who receive the highest number of votes are elected.
7544 (8) Except as otherwise provided by this section, the election of [special] local district
7545 board members is governed by Title 20A, Election Code.
7546 (9) (a) A person elected to serve on a [special] local district board shall serve a
7547 four-year term, beginning on the January 1 after the person's election.
7548 (b) A person elected shall be sworn in as soon as practical after January 1.
7549 (10) (a) Except as provided in Subsection (10)(b), each [special] local district shall
7550 reimburse the county holding an election under this section for the costs of the election
7551 attributable to that [special] local district.
7552 (b) Each irrigation district [established under Chapter 2, Part 7, Irrigation Districts,]
7553 shall bear its own costs of each election it holds under this section.
7554 (11) This section does not apply to [a county] an improvement district [under Chapter
7555 2, Part 3, County Improvement Districts for Water, Sewerage, Flood Control, Electric and
7556 Gas,] that provides electric or gas service.
7557 Section 151. Section 17B-1-307 , which is renumbered from Section 17B-2-404 is
7558 renumbered and amended to read:

7559 [17B-2-404]. 17B-1-307. Annual compensation -- Per diem compensation
7560 -- Participation in group insurance plan -- Reimbursement of expenses.
7561 (1) (a) [A] Except as provided in Subsection 17B-1-308 (1)(e), a member of a board of
7562 trustees may receive compensation for service on the board, as determined by the board of
7563 trustees.
7564 (b) The amount of compensation under this Subsection (1) may not exceed [$3,500]
7565 $5,000 per year.
7566 (c) (i) As determined by the board of trustees, a member of the board of trustees may
7567 participate in a group insurance plan provided to employees of the local district on the same
7568 basis as employees of the local district.
7569 (ii) The amount that the local district pays to provide a member with coverage under a
7570 group insurance plan shall be included as part of the member's compensation for purposes of
7571 Subsection (1)(b).
7572 (2) (a) As determined by the board of trustees, a member of a board of trustees may
7573 receive per diem compensation, in addition to the compensation provided in Subsection (1), for
7574 attendance at up to 12 meetings or activities per year related to any district business.
7575 (b) The amount of per diem compensation under Subsection (2)(a) shall be as
7576 established by the Division of Finance for policy boards, advisory boards, councils, or
7577 committees within state government.
7578 (3) In addition to any compensation a member receives under this section, each
7579 member of a board of trustees shall be reimbursed by the local district for all actual and
7580 necessary expenses incurred in attending board meetings and in performing the member's
7581 official duties.
7582 Section 152. Section 17B-1-308 is enacted to read:
7583 17B-1-308. Boards of trustees comprised of county or municipal legislative body
7584 members.
7585 (1) If a county or municipal legislative body by statute also serves as the board of
7586 trustees of a local district:
7587 (a) the board of trustees shall hold district meetings and keep district minutes,
7588 accounts, and other records separate from those of the county or municipality;
7589 (b) subject to Subsection (2), the board of trustees may use, respectively, existing

7590 county or municipal facilities and personnel for district purposes;
7591 (c) notwithstanding Subsections 17B-1-303 (1) and (2), the term of office of each board
7592 of trustees member coincides with the member's term as a county or municipal legislative body
7593 member;
7594 (d) each board of trustees member represents the district at large; and
7595 (e) board members may not receive compensation for their service as board members
7596 in addition to compensation they receive as members of a county or municipal legislative body.
7597 (2) The county or municipal legislative body, as the case may be, shall charge the local
7598 district, and the local district shall pay to the county or municipality, a reasonable amount for:
7599 (a) the county or municipal facilities that the district uses; and
7600 (b) except for services rendered by the county or municipal legislative body members,
7601 the services that the county or municipality renders to the local district.
7602 Section 153. Section 17B-1-309 , which is renumbered from Section 17B-2-405 is
7603 renumbered and amended to read:
7604 [17B-2-405]. 17B-1-309. Board officers -- Term.
7605 (1) (a) The board of trustees shall elect from their number a chair and may elect other
7606 officers as the board considers appropriate.
7607 (b) The offices of treasurer and clerk may not be held by the same person.
7608 (2) Each officer serves at the pleasure of the board of trustees, but the board may
7609 designate a set term for officers.
7610 Section 154. Section 17B-1-310 , which is renumbered from Section 17B-2-406 is
7611 renumbered and amended to read:
7612 [17B-2-406]. 17B-1-310. Quorum of board of trustees -- Meetings of the
7613 board.
7614 (1) (a) (i) Except as provided in Subsection (1)(b), a majority of the board of trustees
7615 constitutes a quorum for the transaction of board business, and action by a majority of a
7616 quorum constitutes action of the board.
7617 (ii) Except as otherwise required by law, an otherwise valid action of the board is not
7618 made invalid because of the method chosen by the board to take or memorialize the action.
7619 (b) (i) Subject to Subsection (1)(b)(ii), a board may adopt bylaws or other rules that
7620 require more than a majority to constitute a quorum or that require action by more than a

7621 majority of a quorum to constitute action by the board.
7622 (ii) Except for board action to dispose of real property owned by the local district,
7623 board bylaws or rules may not require a vote of more than two-thirds vote of the board to
7624 constitute board action.
7625 (2) The board of trustees shall hold such regular and special meetings as the board
7626 determines at a location that the board determines.
7627 (3) Each meeting of the board of trustees shall comply with Title 52, Chapter 4, Open
7628 and Public Meetings Act.
7629 Section 155. Section 17B-1-311 , which is renumbered from Section 17A-1-306 is
7630 renumbered and amended to read:
7631 [17A-1-306]. 17B-1-311. Board member prohibited from district
7632 employment.
7633 (1) No elected or appointed member of the [governing] board of trustees of a [special]
7634 local district may [be a full or part-time employee of the district while serving on the district's
7635 governing board], while serving on the board, be employed by the district, whether as an
7636 employee or under a contract.
7637 (2) No person employed by a [special] local district, whether as [a full-time or
7638 part-time] an employee or under a contract, may serve on the [governing] board of that
7639 [special] local district.
7640 [(3) A board member may not be compensated separately as a board member and as an
7641 employee for providing the same service.]
7642 [(4) This section does not apply to persons serving on a special district board as of
7643 April 29, 1991, until their terms expire.]
7644 (3) This section does not apply to a local district if:
7645 (a) fewer than 3,000 people live within 40 miles of the primary place of employment,
7646 measured over all weather public roads; and
7647 (b) with respect to the employment of a board of trustees member under Subsection
7648 (1):
7649 (i) the job opening has had reasonable public notice; and
7650 (ii) the person employed is the best qualified candidate for the position.
7651 Section 156. Section 17B-1-312 , which is renumbered from Section 17A-2-102 is

7652 renumbered and amended to read:
7653 [17A-2-102]. 17B-1-312. Training for board members.
7654 (1) Each member of a board [or governing body of an independent] of trustees of a
7655 [special] local district, elected or appointed on or after May 3, 1999, should, within one year
7656 after taking office, complete the training described in Subsection (2).
7657 (2) In conjunction with the Utah Association of Special Districts, the state auditor
7658 shall:
7659 (a) develop a training curriculum for the members of [independent special] local
7660 district boards [or governing bodies]; and
7661 (b) with the assistance of other state offices and departments the state auditor considers
7662 appropriate and at times and locations established by the state auditor, carry out the training of
7663 members of [independent special] local district boards [or governing bodies].
7664 (3) (a) [An independent special] A local district board [or governing body] of trustees
7665 may compensate each member of the board [or governing body] up to $100 per day for each
7666 day of training described in Subsection (2) that the member completes.
7667 (b) The per diem amount authorized under Subsection (3)(a) is in addition to all other
7668 amounts of compensation and expense reimbursement authorized under this chapter.
7669 (c) A board [or governing body] of trustees may not pay compensation under
7670 Subsection (3)(a) to any board [or governing body] member more than once in any consecutive
7671 two-year period.
7672 (4) The state auditor shall issue a certificate of completion to each board [or governing
7673 body] member that completes the training described in Subsection (2).
7674 Section 157. Section 17B-1-313 is enacted to read:
7675 17B-1-313. Publication of notice of board resolution or action -- Contest period --
7676 No contest after contest period.
7677 (1) After the board of trustees of a local district adopts a resolution or takes other
7678 action on behalf of the district, the board may provide for the publication of a notice of the
7679 resolution or other action.
7680 (2) Each notice under Subsection (1) shall:
7681 (a) include, as the case may be:
7682 (i) the language of the resolution or a summary of the resolution; or

7683 (ii) a description of the action taken by the board;
7684 (b) state that:
7685 (i) any person in interest may file an action in district court to contest the regularity,
7686 formality, or legality of the resolution or action within 30 days after the date of publication; and
7687 (ii) if the resolution or action is not contested by filing an action in district court within
7688 the 30-day period, no one may contest the regularity, formality, or legality of the resolution or
7689 action after the expiration of the 30-day period; and
7690 (c) be published in a newspaper that is published or has general circulation in the
7691 district.
7692 (3) For a period of 30 days after the date of the publication, any person in interest may
7693 contest the regularity, formality, or legality of the resolution or other action by filing an action
7694 in district court.
7695 (4) After the expiration of the 30-day period under Subsection (3), no one may contest
7696 the regularity, formality, or legality of the resolution or action for any cause.
7697 Section 158. Section 17B-1-401 , which is renumbered from Section 17B-2-501 is
7698 renumbered and amended to read:
7699 Part 4. Annexation
7700 [17B-2-501]. 17B-1-401. Definitions.
7701 For purposes of this part:
7702 (1) "Applicable area" means:
7703 (a) for a county, the unincorporated area of the county that is included within the area
7704 proposed for annexation; or
7705 (b) for a municipality, the area of the municipality that is included within the area
7706 proposed for annexation.
7707 (2) "Retail" means, with respect to a service provided by a municipality[,] or local
7708 district, [or independent special district,] that the service is provided directly to the ultimate
7709 user.
7710 (3) "Wholesale" means, with respect to a service provided by a local district [or
7711 independent special district], that the service is not provided directly to the ultimate user but is
7712 provided to a retail provider.
7713 Section 159. Section 17B-1-402 , which is renumbered from Section 17B-2-502 is

7714 renumbered and amended to read:
7715 [17B-2-502]. 17B-1-402. Annexation of area outside local district.
7716 (1) An area outside the boundaries of a local district may be annexed to the local
7717 district, as provided in this part, in order to provide to the area a service that the local district
7718 provides.
7719 (2) The area proposed to be annexed:
7720 (a) may consist of one or more noncontiguous areas; and
7721 (b) need not be adjacent to the boundaries of the proposed annexing local district.
7722 (3) With respect to a local district in the creation of which an election was not required
7723 under Subsection [ 17B-2-214 ] 17B-1-214 (3)(c):
7724 (a) an unincorporated area of a county may not be annexed to the local district unless,
7725 after annexation, at least a majority of the unincorporated area of the county will be included in
7726 the local district; and
7727 (b) the annexation of any part of an area within a municipality shall include all of the
7728 area within the municipality.
7729 Section 160. Section 17B-1-403 , which is renumbered from Section 17B-2-503 is
7730 renumbered and amended to read:
7731 [17B-2-503]. 17B-1-403. Initiation of annexation process -- Petition and
7732 resolution.
7733 (1) Except as provided in Sections [17B-2-515 , 17B-2-515.5 , and 17B-2-516]
7734 17B-1-415 , 17B-1-416 , and 17B-1-417 , the process to annex an area to a local district may be
7735 initiated by:
7736 (a) (i) for a district whose board of trustees is elected by electors based on the acre-feet
7737 of water allotted to the land owned by the elector and subject to Subsection (2), a petition
7738 signed by the owners of all of the acre-feet of water allotted to the land proposed for
7739 annexation; or
7740 (ii) for all other districts:
7741 (A) a petition signed by:
7742 (I) the owners of private real property that:
7743 (Aa) is located within the area proposed to be annexed;
7744 (Bb) covers at least 10% of the total private land area within the entire area proposed to

7745 be annexed and within each applicable area; and
7746 (Cc) is equal in assessed value to at least 10% of the assessed value of all private real
7747 property within the entire area proposed to be annexed and within each applicable area; or
7748 (II) the owner of all the publicly owned real property, if all the real property within the
7749 area proposed for annexation is owned by a public entity other than the federal government; or
7750 (B) a petition signed by registered voters residing within the entire area proposed to be
7751 annexed and within each applicable area equal in number to at least 10% of the number of
7752 votes cast within the entire area proposed to be annexed and within each applicable area,
7753 respectively, for the office of governor at the last regular general election before the filing of
7754 the petition;
7755 (b) a resolution adopted by the legislative body of each county whose unincorporated
7756 area includes and each municipality whose boundaries include any of the area proposed to be
7757 annexed; or
7758 (c) a resolution adopted by the board of trustees of the proposed annexing local district
7759 if, for at least 12 consecutive months immediately preceding adoption of the resolution, the
7760 local district has provided:
7761 (i) retail service to the area; or
7762 (ii) a wholesale service to a provider of the same service that has provided that service
7763 on a retail basis to the area.
7764 (2) If an association representing all acre-feet of water allotted to the land that is
7765 proposed to be annexed to a local district signs a petition under Subsection (1)(a)(i), pursuant
7766 to a proper exercise of authority as provided in the bylaws or other rules governing the
7767 association, the petition shall be considered to have been signed by the owners of all of the
7768 acre-feet of water allotted to the land proposed for annexation, even though less than all of the
7769 owners within the association consented to the association signing the petition.
7770 (3) Each petition and resolution under Subsection (1) shall:
7771 (a) describe the area proposed to be annexed; and
7772 (b) be accompanied by a map of the boundaries of the area proposed to be annexed.
7773 (4) The legislative body of each county and municipality that adopts a resolution under
7774 Subsection (1)(b) shall, within five days after adopting the resolution, mail or deliver a copy of
7775 the resolution to the board of trustees of the proposed annexing local district.

7776 Section 161. Section 17B-1-404 , which is renumbered from Section 17B-2-504 is
7777 renumbered and amended to read:
7778 [17B-2-504]. 17B-1-404. Petition requirements.
7779 (1) Each petition under Subsection [ 17B-2-503 ] 17B-1-403 (1)(a) shall:
7780 (a) indicate the typed or printed name and current residence address of each person
7781 signing the petition;
7782 (b) separately group signatures by county and municipality, so that all signatures of the
7783 owners of real property located within or of registered voters residing within each county
7784 whose unincorporated area includes and each municipality whose boundaries include part of
7785 the area proposed for annexation are grouped separately;
7786 (c) if it is a petition under Subsection [ 17B-2-503 ] 17B-1-403 (1)(a)(i) or (ii)(A),
7787 indicate the address of the property as to which the owner is signing the petition;
7788 (d) designate up to three signers of the petition as sponsors, one of whom shall be
7789 designated the contact sponsor, with the mailing address and telephone number of each;
7790 (e) be filed with the board of trustees of the proposed annexing local district; and
7791 (f) for a petition under Subsection [ 17B-2-503 ] 17B-1-403 (a)(i), state the proposed
7792 method of supplying water to the area proposed to be annexed.
7793 (2) By submitting a written withdrawal or reinstatement with the board of trustees of
7794 the proposed annexing local district, a signer of a petition may withdraw, or once withdrawn,
7795 reinstate the signer's signature at any time:
7796 (a) before the public hearing under Section [ 17B-2-509 ] 17B-1-409 is held; or
7797 (b) if a hearing is not held because of Subsection [ 17B-2-513 ] 17B-1-413 (1) or because
7798 no hearing is requested under Subsection [ 17B-2-513 ] 17B-1-413 (2)(a)(ii)(B), until 20 days
7799 after the local district provides notice under Subsection [ 17B-2-513 ] 17B-1-413 (2)(a)(i).
7800 Section 162. Section 17B-1-405 , which is renumbered from Section 17B-2-505 is
7801 renumbered and amended to read:
7802 [17B-2-505]. 17B-1-405. Petition certification.
7803 (1) Within 30 days after the filing of a petition under Subsection [ 17B-2-503 ]
7804 17B-1-403 (1)(a)(i) or (ii), the board of trustees of the proposed annexing local district shall:
7805 (a) with the assistance of officers of the county in which the area proposed to be
7806 annexed is located from whom the board requests assistance, determine whether the petition

7807 meets the requirements of Subsection [ 17B-2-503 ] 17B-1-403 (1)(a)(i) or (ii), as the case may
7808 be, Subsection [ 17B-2-503 ] 17B-1-403 (3), and Subsection [ 17B-2-504 ] 17B-1-404 (1); and
7809 (b) (i) if the board determines that the petition complies with the requirements, certify
7810 the petition and mail or deliver written notification of the certification to the contact sponsor;
7811 or
7812 (ii) if the board determines that the petition fails to comply with any of the
7813 requirements, reject the petition and mail or deliver written notification of the rejection and the
7814 reasons for the rejection to the contact sponsor.
7815 (2) (a) If the board rejects a petition under Subsection (1)(b)(ii), the petition may be
7816 amended to correct the deficiencies for which it was rejected and then refiled.
7817 (b) A valid signature on a petition that was rejected under Subsection (1)(b)(ii) may be
7818 used toward fulfilling the applicable signature requirement of the petition as amended under
7819 Subsection (2)(a).
7820 (3) The board shall process an amended petition filed under Subsection (2)(a) in the
7821 same manner as an original petition under Subsection (1).
7822 Section 163. Section 17B-1-406 , which is renumbered from Section 17B-2-506 is
7823 renumbered and amended to read:
7824 [17B-2-506]. 17B-1-406. Notice to county and municipality -- Exception.
7825 (1) Except as provided in Subsection (2), within ten days after certifying a petition
7826 under Subsection [ 17B-2-505 ] 17B-1-405 (1)(b) the board of trustees of the proposed annexing
7827 local district shall mail or deliver a written notice of the proposed annexation, with a copy of
7828 the certification and a copy of the petition, to the legislative body of each:
7829 (a) county in whose unincorporated area any part of the area proposed for annexation is
7830 located; and
7831 (b) municipality in which any part of the area proposed for annexation is located.
7832 (2) The board is not required to send a notice under Subsection (1) to:
7833 (a) a county or municipality that does not provide the service proposed to be provided
7834 by the local district; or
7835 (b) a county or municipality whose legislative body has adopted an ordinance or
7836 resolution waiving the notice requirement as to:
7837 (i) the proposed annexing local district; or

7838 (ii) the service that the proposed annexing local district provides.
7839 (3) For purposes of this section, an area proposed to be annexed to a municipality in a
7840 petition under Section 10-2-403 filed before and still pending at the time of the filing of a
7841 petition under Subsection [ 17B-2-503 ] 17B-1-403 (1)(a) and an area included within a
7842 municipality's annexation policy plan under Section 10-2-401.5 shall be considered to be part
7843 of that municipality.
7844 Section 164. Section 17B-1-407 , which is renumbered from Section 17B-2-507 is
7845 renumbered and amended to read:
7846 [17B-2-507]. 17B-1-407. Notice of intent to consider providing service --
7847 Public hearing requirements.
7848 (1) (a) If the legislative body of a county or municipality whose applicable area is
7849 proposed to be annexed to a local district in a petition under Subsection [ 17B-2-503 ]
7850 17B-1-403 (1)(a) intends to consider having the county or municipality, respectively, provide to
7851 the applicable area the service that the proposed annexing local district provides, the legislative
7852 body shall, within 30 days after receiving the notice under Subsection [ 17B-2-506 ]
7853 17B-1-406 (1), mail or deliver a written notice to the board of trustees of the proposed annexing
7854 local district indicating that intent.
7855 (b) (i) A notice of intent under Subsection (1)(a) suspends the local district's
7856 annexation proceeding as to the applicable area of the county or municipality that submits the
7857 notice of intent until the county or municipality:
7858 (A) adopts a resolution under Subsection [ 17B-2-508 ] 17B-1-408 (1) declining to
7859 provide the service proposed to be provided by the proposed annexing local district; or
7860 (B) is considered under Subsection [ 17B-2-508 ] 17B-1-408 (2) or (3) to have declined
7861 to provide the service.
7862 (ii) The suspension of an annexation proceeding under Subsection (1)(b)(i) as to an
7863 applicable area does not prevent the local district from continuing to pursue the annexation
7864 proceeding with respect to other applicable areas for which no notice of intent was submitted.
7865 (c) If a legislative body does not mail or deliver a notice of intent within the time
7866 required under Subsection (1)(a), the legislative body shall be considered to have declined to
7867 provide the service.
7868 (2) Each legislative body that mails or delivers a notice under Subsection (1)(a) shall

7869 hold a public hearing or a set of public hearings, sufficient in number and location to ensure
7870 that no substantial group of residents of the area proposed for annexation need travel an
7871 unreasonable distance to attend a public hearing.
7872 (3) Each public hearing under Subsection (2) shall be held:
7873 (a) no later than 45 days after the legislative body sends notice under Subsection (1);
7874 (b) except as provided in Subsections (6) and (7), within the applicable area; and
7875 (c) for the purpose of allowing public input on:
7876 (i) whether the service is needed in the area proposed for annexation;
7877 (ii) whether the service should be provided by the county or municipality or the
7878 proposed annexing local district; and
7879 (iii) all other matters relating to the issue of providing the service or the proposed
7880 annexation.
7881 (4) A quorum of the legislative body of each county or municipal legislative body
7882 holding a public hearing under this section shall be present throughout each hearing held by
7883 that county or municipal legislative body.
7884 (5) Each hearing under this section shall be held on a weekday evening other than a
7885 holiday beginning no earlier than [6:00] 6 p.m.
7886 (6) Two or more county or municipal legislative bodies may jointly hold a hearing or
7887 set of hearings required under this section if all the requirements of this section, other than the
7888 requirements of Subsection (3)(b), are met as to each hearing.
7889 (7) Notwithstanding Subsection (3)(b), a county or municipal legislative body may
7890 hold a public hearing or set of public hearings outside the applicable area if:
7891 (a) there is no reasonable place to hold a public hearing within the applicable area; and
7892 (b) the public hearing or set of public hearings is held as close to the applicable area as
7893 reasonably possible.
7894 (8) Before holding a public hearing or set of public hearings under this section, the
7895 legislative body of each county or municipality that receives a request for service shall provide
7896 notice of the hearing or set of hearings as provided in Section [ 17B-2-211 ] 17B-1-211 .
7897 Section 165. Section 17B-1-408 , which is renumbered from Section 17B-2-508 is
7898 renumbered and amended to read:
7899 [17B-2-508]. 17B-1-408. Resolution indicating whether the requested

7900 service will be provided.
7901 (1) Within 30 days after the last hearing required under Section [ 17B-2-507 ]
7902 17B-1-407 is held, the legislative body of each county and municipality that sent a notice of
7903 intent under Subsection [ 17B-2-507 ] 17B-1-407 (1) shall adopt a resolution indicating whether
7904 the county or municipality will provide to the area proposed for annexation within its
7905 boundaries the service proposed to be provided by the proposed annexing local district.
7906 (2) If the county or municipal legislative body fails to adopt a resolution within the
7907 time provided under Subsection (1), the county or municipality shall be considered to have
7908 declined to provide the service.
7909 (3) If a county or municipal legislative body adopts a resolution under Subsection (1)
7910 indicating that the county or municipality will provide the service but the county or
7911 municipality does not, within 120 days after the adoption of that resolution, take substantial
7912 measures to provide the service, the county or municipality shall be considered to have
7913 declined to provide the service.
7914 (4) Each county or municipality whose legislative body adopts a resolution under
7915 Subsection (1) indicating that the county or municipality will provide the service shall
7916 diligently proceed to take all measures necessary to provide the service.
7917 (5) If a county or municipal legislative body adopts a resolution under Subsection (1)
7918 indicating that the county or municipality will provide the service and the county or
7919 municipality takes substantial measures within the time provided in Subsection (3) to provide
7920 the service, the local district's annexation proceeding as to the applicable area of that county or
7921 municipality is terminated and that applicable area is considered deleted from the area
7922 proposed to be annexed in a petition under Subsection [ 17B-2-503 ] 17B-1-403 (1)(a).
7923 Section 166. Section 17B-1-409 , which is renumbered from Section 17B-2-509 is
7924 renumbered and amended to read:
7925 [17B-2-509]. 17B-1-409. Public hearing on proposed annexation.
7926 (1) Except as provided in Sections [ 17B-2-513 ] 17B-1-413 and [ 17B-2-515 ]
7927 17B-1-415 , the board of trustees of each local district that certifies a petition that was filed
7928 under Subsection [ 17B-2-503 ] 17B-1-403 (1)(a)(ii)(A) or (B), receives a resolution adopted
7929 under Subsection [ 17B-2-503 ] 17B-1-403 (1)(b), or adopts a resolution under Subsection
7930 [ 17B-2-503 ] 17B-1-403 (1)(c) shall hold a public hearing on the proposed annexation and

7931 provide notice of the hearing as provided in Section [ 17B-2-510 ] 17B-1-410 .
7932 (2) Each public hearing under Subsection (1) shall be held:
7933 (a) within 45 days after:
7934 (i) if no notice to a county or municipal legislative body is required under Section
7935 [ 17B-2-506 ] 17B-1-406 , petition certification under Section [ 17B-2-505 ] 17B-1-405 ; or
7936 (ii) if notice is required under Section [ 17B-2-506 ] 17B-1-406 , but no notice of intent
7937 is submitted by the deadline:
7938 (A) expiration of the deadline under Subsection [ 17B-2-507 ] 17B-1-407 (1) to submit a
7939 notice of intent; or
7940 (B) termination of a suspension of the annexation proceeding under Subsection
7941 [ 17B-2-507 ] 17B-1-407 (1)(b);
7942 (b) (i) for a local district located entirely within a single county:
7943 (A) within or as close as practicable to the area proposed to be annexed; or
7944 (B) at the local district office; or
7945 (ii) for a local district located in more than one county:
7946 (A) (I) within the county in which the area proposed to be annexed is located; and
7947 (II) within or as close as practicable to the area proposed to be annexed; or
7948 (B) if the local district office is reasonably accessible to all residents within the area
7949 proposed to be annexed, at the local district office;
7950 (c) on a weekday evening other than a holiday beginning no earlier than [6:00] 6 p.m.;
7951 and
7952 (d) for the purpose of allowing:
7953 (i) the public to ask questions and obtain further information about the proposed
7954 annexation and issues raised by it; and
7955 (ii) any interested person to address the board regarding the proposed annexation.
7956 (3) A quorum of the board of trustees of the proposed annexing local district shall be
7957 present throughout each public hearing held under this section.
7958 (4) (a) After holding a public hearing under this section or, if no hearing is held
7959 because of application of Subsection [ 17B-2-513 ] 17B-1-413 (2)(a)(ii), after expiration of the
7960 time under Subsection [ 17B-2-513 ] 17B-1-413 (2)(a)(ii)(B) for requesting a hearing, the board
7961 of trustees may by resolution deny the annexation and terminate the annexation procedure if:

7962 (i) for a proposed annexation initiated by a petition under Subsection [ 17B-2-503 ]
7963 17B-1-403 (1)(a)(i) or (ii), the board determines that:
7964 (A) it is not feasible for the local district to provide service to the area proposed to be
7965 annexed; or
7966 (B) annexing the area proposed to be annexed would be inequitable to the owners of
7967 real property or residents already within the local district; or
7968 (ii) for a proposed annexation initiated by resolution under Subsection [ 17B-2-503 ]
7969 17B-1-403 (1)(b) or (c), the board determines not to pursue annexation.
7970 (b) In each resolution adopted under Subsection (4)(a), the board shall set forth its
7971 reasons for denying the annexation.
7972 Section 167. Section 17B-1-410 , which is renumbered from Section 17B-2-510 is
7973 renumbered and amended to read:
7974 [17B-2-510]. 17B-1-410. Notice of public hearing.
7975 (1) Before holding a public hearing required under Section [ 17B-2-509 ] 17B-1-409 , the
7976 board of trustees of each proposed annexing local district shall:
7977 (a) mail notice of the public hearing and the proposed annexation to:
7978 (i) if the local district is funded predominantly by revenues from a property tax, each
7979 owner of private real property located within the area proposed to be annexed, as shown upon
7980 the county assessment roll last equalized as of the previous December 31; or
7981 (ii) if the local district is not funded predominantly by revenues from a property tax,
7982 each registered voter residing within the area proposed to be annexed, as determined by the
7983 voter registration list maintained by the county clerk as of a date selected by the board of
7984 trustees that is at least 20 but not more than 60 days before the public hearing; and
7985 (b) post notice of the public hearing and the proposed annexation in at least four
7986 conspicuous places within the area proposed to be annexed, no less than ten and no more than
7987 30 days before the public hearing.
7988 (2) Each notice required under Subsection (1) shall:
7989 (a) describe the area proposed to be annexed;
7990 (b) identify the proposed annexing local district;
7991 (c) state the date, time, and location of the public hearing;
7992 (d) provide a local district telephone number where additional information about the

7993 proposed annexation may be obtained;
7994 (e) specify the estimated financial impact, in terms of taxes and fees, upon the typical
7995 resident and upon the typical property owner within the area proposed to be annexed if the
7996 proposed annexation is completed; and
7997 (f) except for a proposed annexation under a petition that meets the requirements of
7998 Subsection [ 17B-2-513 ] 17B-1-413 (1), explain that property owners and registered voters
7999 within the area proposed to be annexed may protest the annexation by filing a written protest
8000 with the local district board of trustees within 30 days after the public hearing.
8001 Section 168. Section 17B-1-411 , which is renumbered from Section 17B-2-511 is
8002 renumbered and amended to read:
8003 [17B-2-511]. 17B-1-411. Modifications to area proposed for annexation --
8004 Limitations.
8005 (1) (a) Subject to Subsections (2), (3), (4), and (5), a board of trustees may, within 30
8006 days after the public hearing under Section [ 17B-2-509 ] 17B-1-409 , or, if no public hearing is
8007 held, within 30 days after the board provides notice under Subsection [ 17B-2-513 ]
8008 17B-1-413 (2)(a)(i), modify the area proposed for annexation to include land not previously
8009 included in that area or to exclude land from that area if the modification enhances the
8010 feasibility of the proposed annexation.
8011 (b) A modification under Subsection (1)(a) may consist of the exclusion of all the land
8012 within an applicable area if:
8013 (i) the entire area proposed to be annexed consists of more than that applicable area;
8014 (ii) sufficient protests under Section [ 17B-2-512 ] 17B-1-412 are filed with respect to
8015 that applicable area that an election would have been required under Subsection [ 17B-2-512 ]
8016 17B-1-412 (3) if that applicable area were the entire area proposed to be annexed; and
8017 (iii) the other requirements of Subsection (1)(a) are met.
8018 (2) A board of trustees may not add property under Subsection (1) to the area proposed
8019 for annexation without the consent of the owner of that property.
8020 (3) Except as provided in Subsection (1)(b), a modification under Subsection (1) may
8021 not avoid the requirement for an election under Subsection [ 17B-2-512 ] 17B-1-412 (3) if,
8022 before the modification, the election was required because of protests filed under Section
8023 [ 17B-2-512 ] 17B-1-412 .

8024 (4) If the annexation is proposed by a petition under Subsection [ 17B-2-503 ]
8025 17B-1-403 (1)(a)(ii)(A) or (B), a modification may not be made unless the requirements of
8026 Subsection [ 17B-2-503 ] 17B-1-403 (1)(a)(ii)(A) or (B) are met after the modification as to the
8027 area proposed to be annexed.
8028 (5) If the petition meets the requirements of Subsection [ 17B-2-513 ] 17B-1-413 (1)
8029 before a modification under this section but fails to meet those requirements after modification:
8030 (a) the local district board shall give notice as provided in Section [ 17B-2-510 ]
8031 17B-1-410 and hold a public hearing as provided in Section [ 17B-2-509 ] 17B-1-409 on the
8032 proposed annexation; and
8033 (b) the petition shall be considered in all respects as one that does not meet the
8034 requirements of Subsection [ 17B-2-513 ] 17B-1-413 (1).
8035 Section 169. Section 17B-1-412 , which is renumbered from Section 17B-2-512 is
8036 renumbered and amended to read:
8037 [17B-2-512]. 17B-1-412. Protests -- Election.
8038 (1) (a) An owner of private real property located within or a registered voter residing
8039 within an area proposed to be annexed may protest an annexation by filing a written protest
8040 with the board of trustees of the proposed annexing local district, except:
8041 (i) as provided in Section [ 17B-2-513 ] 17B-1-413 ;
8042 (ii) for an annexation under Section [ 17B-2-515 ] 17B-1-415 ; and
8043 (iii) for an annexation proposed by a local district that receives sales and use tax funds
8044 from the counties, cities, and towns within the local district that impose a sales and use tax
8045 under Section 59-12-501 .
8046 (b) A protest of a boundary adjustment is not governed by this section but is governed
8047 by Section [ 17B-2-516 ] 17B-1-417 .
8048 (2) Each protest under Subsection (1)(a) shall be filed within 30 days after the date of
8049 the public hearing under Section [ 17B-2-509 ] 17B-1-409 .
8050 (3) (a) Except as provided in Subsection (4), the local district shall hold an election on
8051 the proposed annexation if:
8052 (i) timely protests are filed by:
8053 (A) the owners of private real property that:
8054 (I) is located within the area proposed to be annexed;

8055 (II) covers at least 10% of the total private land area within the entire area proposed to
8056 be annexed and within each applicable area; and
8057 (III) is equal in assessed value to at least 10% of the assessed value of all private real
8058 property within the entire area proposed to be annexed and within each applicable area; or
8059 (B) registered voters residing within the entire area proposed to be annexed and within
8060 each applicable area equal in number to at least 10% of the number of votes cast within the
8061 entire area proposed for annexation and within each applicable area, respectively, for the office
8062 of governor at the last regular general election before the filing of the petition; or
8063 (ii) the proposed annexing local district is one that receives sales and use tax funds
8064 from the counties, cities, and towns within the local district that impose a sales and use tax
8065 under Section 59-12-501 .
8066 (b) (i) At each election held under Subsection (3)(a)(ii), the ballot question shall be
8067 phrased to indicate that a voter's casting a vote for or against the annexation includes also a
8068 vote for or against the imposition of the sales and use tax as provided in Section 59-12-501 .
8069 (ii) Except as otherwise provided in this part, each election under Subsection (3)(a)
8070 shall be governed by Title 20A, Election Code.
8071 (c) If a majority of registered voters residing within the area proposed to be annexed
8072 and voting on the proposal vote:
8073 (i) in favor of annexation, the board of trustees shall, subject to Subsections
8074 [ 17B-2-514 ] 17B-1-414(1)(b), (2), and (3), complete the annexation by adopting a resolution
8075 approving annexation of the area; or
8076 (ii) against annexation, the annexation process is terminated, the board may not adopt a
8077 resolution approving annexation of the area, and the area proposed to be annexed may not for
8078 two years be the subject of an effort under this part to annex to the same local district.
8079 (4) If sufficient protests are filed under this section to require an election for a
8080 proposed annexation to which the protest provisions of this section are applicable, a board of
8081 trustees may, notwithstanding Subsection (3), adopt a resolution rejecting the annexation and
8082 terminating the annexation process without holding an election.
8083 Section 170. Section 17B-1-413 , which is renumbered from Section 17B-2-513 is
8084 renumbered and amended to read:
8085 [17B-2-513]. 17B-1-413. Hearing, notice, and protest provisions do not

8086 apply for certain petitions.
8087 (1) Section [ 17B-2-512 ] 17B-1-412 does not apply, and, except as provided in
8088 Subsection (2)(a), Sections [ 17B-2-509 ] 17B-1-409 and [ 17B-2-510 ] 17B-1-410 do not apply:
8089 (a) if the process to annex an area to a local district was initiated by:
8090 (i) a petition under Subsection [ 17B-2-503 ] 17B-1-403 (1)(a)(i);
8091 (ii) a petition under Subsection [ 17B-2-503 ] 17B-1-403 (1)(a)(ii)(A) that was signed by
8092 the owners of private real property that:
8093 (A) is located within the area proposed to be annexed;
8094 (B) covers at least 75% of the total private land area within the entire area proposed to
8095 be annexed and within each applicable area; and
8096 (C) is equal in assessed value to at least 75% of the assessed value of all private real
8097 property within the entire area proposed to be annexed and within each applicable area; or
8098 (iii) a petition under Subsection [ 17B-2-503 ] 17B-1-403 (1)(a)(ii)(B) that was signed by
8099 registered voters residing within the entire area proposed to be annexed and within each
8100 applicable area equal in number to at least 75% of the number of votes cast within the entire
8101 area proposed to be annexed and within each applicable area, respectively, for the office of
8102 governor at the last regular general election before the filing of the petition;
8103 (b) to an annexation under Section [ 17B-2-515 ] 17B-1-415 ; or
8104 (c) to a boundary adjustment under Section [ 17B-2-516 ] 17B-1-417 .
8105 (2) (a) If a petition that meets the requirements of Subsection (1)(a) is certified under
8106 Section [ 17B-2-505 ] 17B-1-405 , the local district board:
8107 (i) shall provide notice of the proposed annexation as provided in Subsection (2)(b);
8108 and
8109 (ii) (A) may, in the board's discretion, hold a public hearing as provided in Section
8110 [ 17B-2-509 ] 17B-1-409 after giving notice of the public hearing as provided in Subsection
8111 (2)(b); and
8112 (B) shall, after giving notice of the public hearing as provided in Subsection (2)(b),
8113 hold a public hearing as provided in Section [ 17B-2-509 ] 17B-1-409 if a written request to do
8114 so is submitted, within 20 days after the local district provides notice under Subsection
8115 (2)(a)(i), to the local district board by an owner of property that is located within or a registered
8116 voter residing within the area proposed to be annexed who did not sign the annexation petition.

8117 (b) The notice required under Subsections (2)(a)(i) and (ii) shall:
8118 (i) be given:
8119 (A) (I) for a notice under Subsection (2)(a)(i), within 30 days after petition
8120 certification; or
8121 (II) for a notice of a public hearing under Subsection (2)(a)(ii), at least ten but not more
8122 than 30 days before the public hearing; and
8123 (B) by:
8124 (I) posting written notice at the local district's principal office and in one or more other
8125 locations within or proximate to the area proposed to be annexed as are reasonable under the
8126 circumstances, considering the number of parcels included in that area, the size of the area, the
8127 population of the area, and the contiguousness of the area; and
8128 (II) providing written notice to at least one newspaper of general circulation, if there is
8129 one, within the area proposed to be annexed or to a local media correspondent; and
8130 (ii) contain a brief explanation of the proposed annexation and include the name of the
8131 local district, the service provided by the local district, a description or map of the area
8132 proposed to be annexed, a local district telephone number where additional information about
8133 the proposed annexation may be obtained, and, for a notice under Subsection (2)(a)(i), an
8134 explanation of the right of a property owner or registered voter to request a public hearing as
8135 provided in Subsection (2)(a)(ii)(B).
8136 (c) A notice under Subsection (2)(a)(i) may be combined with the notice that is
8137 required for a public hearing under Subsection (2)(a)(ii)(A).
8138 Section 171. Section 17B-1-414 , which is renumbered from Section 17B-2-514 is
8139 renumbered and amended to read:
8140 [17B-2-514]. 17B-1-414. Resolution approving an annexation -- Notice of
8141 annexation -- When annexation complete.
8142 (1) (a) Subject to Subsection (1)(b), the local district board shall adopt a resolution
8143 approving the annexation of the area proposed to be annexed or rejecting the proposed
8144 annexation within 30 days after:
8145 (i) expiration of the protest period under Subsection [ 17B-2-512 ] 17B-1-412 (2), if
8146 sufficient protests to require an election are not filed;
8147 (ii) for a petition that meets the requirements of Subsection [ 17B-2-513 ] 17B-1-413 (1):

8148 (A) a public hearing under Section [ 17B-2-509 ] 17B-1-409 is held, if the board
8149 chooses or is required to hold a public hearing under Subsection [ 17B-2-513 ]
8150 17B-1-413 (2)(a)(ii); or
8151 (B) expiration of the time for submitting a request for public hearing under Subsection
8152 [ 17B-2-513 ] 17B-1-413 (2)(a)(ii)(B), if no request is submitted and the board chooses not to
8153 hold a public hearing.
8154 (b) If the local district has entered into an agreement with the United States that
8155 requires the consent of the United States for an annexation of territory to the district, a
8156 resolution approving annexation under this part may not be adopted until the written consent of
8157 the United States is obtained and filed with the board of trustees.
8158 (2) (a) The board shall file a notice with the lieutenant governor:
8159 (i) within 30 days after adoption of a resolution under Subsection (1), Subsection
8160 [ 17B-2-512 ] 17B-1-412 (3)(c)(i), or Section [ 17B-2-515 ] 17B-1-415 ; and
8161 (ii) as soon as practicable after receiving the notice under Subsection 10-2-425 (2) of a
8162 municipal annexation that causes an automatic annexation to a local district under Section
8163 [ 17B-2-515.5 ] 17B-1-416 .
8164 (b) The notice required under Subsection (2)(a) shall:
8165 (i) be accompanied by:
8166 (A) if applicable, a copy of the board resolution approving the annexation; and
8167 (B) an accurate map depicting the boundaries of the area to be annexed or a legal
8168 description of the area to be annexed, adequate for purposes of the county assessor and
8169 recorder;
8170 (ii) for an annexation pursuant to a resolution described in Subsection (2)(a)(i), include
8171 a certification by the local district board that all requirements for the annexation have been
8172 complied with; and
8173 (iii) for an automatic annexation to a local district under Section [ 17B-2-515.5 ]
8174 17B-1-416 , state that an area outside the boundaries of the local district is being automatically
8175 annexed to the local district under Section [ 17B-2-515.5 ] 17B-1-416 because of a municipal
8176 annexation under Title 10, Chapter 2, Part 4, Annexation.
8177 (3) The annexation shall be complete:
8178 (a) for an annexation pursuant to a resolution described in Subsection (2)(a)(i), upon

8179 the lieutenant governor's issuance of the certificate of annexation under Section 67-1a-6.5 ; and
8180 (b) for an automatic annexation that is the subject of a notice under Subsection
8181 (2)(a)(ii), upon the lieutenant governor's issuance of the certificate of annexation under
8182 Subsection 10-1-117 (3)(b).
8183 Section 172. Section 17B-1-415 , which is renumbered from Section 17B-2-515 is
8184 renumbered and amended to read:
8185 [17B-2-515]. 17B-1-415. Annexation of wholesale district through
8186 expansion of retail provider.
8187 (1) (a) A local district that provides a wholesale service may adopt a resolution
8188 approving the annexation of an area outside the local district's boundaries if:
8189 (i) the area is annexed by or otherwise added to, or is added to the retail service area of,
8190 a municipality[, an independent special district,] or another local district that:
8191 (A) acquires the wholesale service from the local district and provides it as a retail
8192 service;
8193 (B) is, before the annexation or other addition, located at least partly within the local
8194 district; and
8195 (C) after the annexation or other addition will provide to the annexed or added area the
8196 same retail service that the local district provides as a wholesale service to the municipality[,
8197 independent special district,] or other local district; and
8198 (ii) except as provided in Subsection (2), no part of the area is within the boundaries of
8199 [an independent special district under Title 17A, Chapter 2, Independent Special Districts, or]
8200 another local district that provides the same wholesale service as the proposed annexing local
8201 district.
8202 (b) For purposes of this section:
8203 (i) a local district providing public transportation service shall be considered to be
8204 providing a wholesale service; and
8205 (ii) a municipality included within the boundaries of the local district providing public
8206 transportation service shall be considered to be acquiring that wholesale service from the local
8207 district and providing it as a retail service and to be providing that retail service after the
8208 annexation or other addition to the annexed or added area, even though the municipality does
8209 not in fact provide that service.

8210 (2) Notwithstanding Subsection (1)(a)(ii), an area outside the boundaries of a local
8211 district providing a wholesale service and located partly or entirely within the boundaries of [an
8212 independent special district or] another local district that provides the same wholesale service
8213 may be annexed to the local district if:
8214 (a) the conditions under Subsection (1)(a)(i) are present; and
8215 (b) the proposed annexing local district and the [independent special district or] other
8216 local district follow the same procedure as is required for a boundary adjustment under Section
8217 [ 17B-2-516 ] 17B-1-417 , including both district boards adopting a resolution approving the
8218 annexation of the area to the proposed annexing local district and the withdrawal of that area
8219 from the other district.
8220 (3) Upon the adoption of an annexation resolution under this section, the board of the
8221 annexing local district shall comply with the requirements of Subsection [ 17B-2-514 ]
8222 17B-1-414(2), and the lieutenant governor shall issue a certificate of annexation and send a
8223 copy of notice as provided in [Subsection 17B-2-514 (2)(c)] Section 67-1a-6.5 .
8224 (4) Subsection [ 17B-2-514 ] 17B-1-414(3) applies to an annexation under this section.
8225 Section 173. Section 17B-1-416 , which is renumbered from Section 17B-2-515.5 is
8226 renumbered and amended to read:
8227 [17B-2-515.5]. 17B-1-416. Automatic annexation to a district providing fire
8228 protection, paramedic, and emergency services.
8229 (1) An area outside the boundaries of a local district that is annexed to a municipality
8230 or added to a municipality by a boundary adjustment under Title 10, Chapter 2, Part 4,
8231 Annexation, is automatically annexed to the local district if:
8232 (a) the local district provides fire protection, paramedic, and emergency services;
8233 (b) an election for the creation of the local district was not required because of
8234 Subsection [ 17B-2-214 ] 17B-1-214 (3)(c); and
8235 (c) before the municipal annexation or boundary adjustment, the entire municipality
8236 that is annexing the area or adding the area by boundary adjustment was included within the
8237 local district.
8238 (2) The effective date of an annexation under this section is governed by Subsection
8239 [ 17B-2-514 ] 17B-1-414(3)(b).
8240 Section 174. Section 17B-1-417 , which is renumbered from Section 17B-2-516 is

8241 renumbered and amended to read:
8242 [17B-2-516]. 17B-1-417. Boundary adjustment -- Notice and hearing --
8243 Protest -- Resolution adjusting boundaries -- Notice of the adjustment -- Notice to
8244 lieutenant governor.
8245 (1) As used in this section, "affected area" means the area located within the
8246 boundaries of one local district that will be removed from that local district and included within
8247 the boundaries of another local district because of a boundary adjustment under this section.
8248 (2) The boards of trustees of two or more local districts having a common boundary
8249 and providing the same service on the same wholesale or retail basis may adjust their common
8250 boundary as provided in this section.
8251 (3) (a) The board of trustees of each local district intending to adjust a boundary that is
8252 common with another local district shall:
8253 (i) adopt a resolution indicating the board's intent to adjust a common boundary;
8254 (ii) hold a public hearing on the proposed boundary adjustment no less than 60 days
8255 after the adoption of the resolution under Subsection (3)(a)(i); and
8256 (iii) (A) (I) publish notice once a week for two successive weeks in a newspaper of
8257 general circulation within the local district; or
8258 (II) if there is no newspaper of general circulation within the local district, post notice
8259 in at least four conspicuous places within the local district; or
8260 (B) mail a notice to each owner of property located within the affected area and to each
8261 registered voter residing within the affected area.
8262 (b) The notice required under Subsection (3)(a)(iii) shall:
8263 (i) state that the board of trustees of the local district has adopted a resolution
8264 indicating the board's intent to adjust a boundary that the local district has in common with
8265 another local district that provides the same service as the local district;
8266 (ii) describe the affected area;
8267 (iii) state the date, time, and location of the public hearing required under Subsection
8268 (3)(a)(ii);
8269 (iv) provide a local district telephone number where additional information about the
8270 proposed boundary adjustment may be obtained;
8271 (v) explain the financial and service impacts of the boundary adjustment on property

8272 owners or residents within the affected area; and
8273 (vi) state in conspicuous and plain terms that the board of trustees may approve the
8274 adjustment of the boundaries unless, at or before the public hearing under Subsection (3)(a)(ii),
8275 written protests to the adjustment are filed with the board by:
8276 (A) the owners of private real property that:
8277 (I) is located within the affected area;
8278 (II) covers at least 50% of the total private land area within the affected area; and
8279 (III) is equal in assessed value to at least 50% of the assessed value of all private real
8280 property within the affected area; or
8281 (B) registered voters residing within the affected area equal in number to at least 50%
8282 of the votes cast in the affected area for the office of governor at the last regular general
8283 election before the filing of the protests.
8284 (c) The first publication of the notice required under Subsection (3)(a)(iii)(A) shall be
8285 within 14 days after the board's adoption of a resolution under Subsection (3)(a)(i).
8286 (d) The boards of trustees of the local districts whose boundaries are being adjusted
8287 may jointly:
8288 (i) publish, post, or mail the notice required under Subsection (3)(a)(iii); and
8289 (ii) hold the public hearing required under Subsection (3)(a)(ii).
8290 (4) After the public hearing required under Subsection (3)(a)(ii), the board of trustees
8291 may adopt a resolution approving the adjustment of the common boundary unless, at or before
8292 the public hearing, written protests to the boundary adjustment have been filed with the board
8293 by:
8294 (a) the owners of private real property that:
8295 (i) is located within the affected area;
8296 (ii) covers at least 50% of the total private land area within the affected area; and
8297 (iii) is equal in assessed value to at least 50% of the assessed value of all private real
8298 property within the affected area; or
8299 (b) registered voters residing within the affected area equal in number to at least 50%
8300 of the votes cast in the affected area for the office of governor at the last regular general
8301 election before the filing of the protests.
8302 (5) A resolution adopted under Subsection (4) does not take effect until the board of

8303 each local district whose boundaries are being adjusted has adopted a resolution under
8304 Subsection (4).
8305 (6) (a) Within 30 days after the resolutions take effect under Subsection (5), the board
8306 of the local district whose boundaries are being adjusted to include the affected area shall file a
8307 notice with the lieutenant governor.
8308 (b) The notice required under Subsection (6)(a) shall:
8309 (i) be accompanied by:
8310 (A) a copy of each of the board resolutions approving the boundary adjustment; and
8311 (B) an accurate map depicting the affected area or a legal description of the affected
8312 area, adequate for purposes of the county assessor and recorder; and
8313 (ii) include a certification by the board of the local district whose boundaries are being
8314 adjusted to include the affected area that all requirements for the boundary adjustment have
8315 been complied with.
8316 (7) Upon the lieutenant governor's issuance of a certificate of boundary change under
8317 Section 67-1a-6.5 , the affected area is annexed to the local district whose boundaries are being
8318 adjusted to include the affected area, and the affected area is withdrawn from the local district
8319 whose boundaries are being adjusted to exclude the affected area.
8320 Section 175. Section 17B-1-418 , which is renumbered from Section 17B-2-517 is
8321 renumbered and amended to read:
8322 [17B-2-517]. 17B-1-418. Annexed area subject to fees, charges, and taxes.
8323 When an annexation under Section [ 17B-2-514 ] 17B-1-414 or [ 17B-2-515 ] 17B-1-415
8324 or a boundary adjustment under Section [ 17B-2-516 ] 17B-1-417 is complete, the annexed area
8325 or the area affected by the boundary adjustment shall be subject to user fees or charges imposed
8326 by and property, sales, and other taxes levied by or for the benefit of the local district.
8327 Section 176. Section 17B-1-501 is enacted to read:
8328 Part 5. Withdrawal
8329 17B-1-501. Definitions.
8330 As used in this part, "receiving entity" means the entity that will, after the withdrawal of
8331 an area from a local district, provide to the withdrawn area the service that the local district
8332 previously provided to the area.
8333 Section 177. Section 17B-1-502 , which is renumbered from Section 17B-2-601 is

8334 renumbered and amended to read:
8335 [17B-2-601]. 17B-1-502. Withdrawal of area from local district --
8336 Automatic withdrawal in certain circumstances -- Definitions.
8337 (1) (a) An area within the boundaries of a local district may be withdrawn from the
8338 local district only as provided in this part.
8339 (b) Except as provided in Subsections (2) and (3), the inclusion of an area of a local
8340 district within a municipality because of a municipal incorporation under Title 10, Chapter 2,
8341 Part 1, Incorporation, or a municipal annexation or boundary adjustment under Title 10,
8342 Chapter 2, Part 4, Annexation, does not affect the requirements under this part for the process
8343 of withdrawing that area from the local district.
8344 (2) (a) An area within the boundaries of a local district is automatically withdrawn
8345 from the local district by the annexation of the area to a municipality or the adding of the area
8346 to a municipality by boundary adjustment under Title 10, Chapter 2, Part 4, Annexation, if:
8347 (i) the local district provides fire protection, paramedic, and emergency services;
8348 (ii) an election for the creation of the local district was not required because of
8349 Subsection [ 17B-2-214 ] 17B-1-214 (3)(c); and
8350 (iii) before annexation or boundary adjustment, the boundaries of the local district do
8351 not include any of the annexing municipality.
8352 (b) The effective date of a withdrawal under this Subsection (2) is governed by
8353 Subsection [ 17B-2-610 ] 17B-1-512 (2)(b).
8354 (3) (a) An area within the boundaries of a local district located in a county of the first
8355 class is automatically withdrawn from the local district by the incorporation of a municipality
8356 whose boundaries include the area if:
8357 (i) the local district provides fire protection, paramedic, and emergency services;
8358 (ii) an election for the creation of the local district was not required because of
8359 Subsection [ 17B-2-214 ] 17B-1-214 (3)(c); and
8360 (iii) the legislative body of the newly incorporated municipality:
8361 (A) adopts a resolution approving the withdrawal that includes the legal description of
8362 the area to be withdrawn; and
8363 (B) delivers a copy of the resolution to the board of trustees of the local district.
8364 (b) The effective date of a withdrawal under this Subsection (3) is governed by

8365 Subsection [ 17B-2-610 ] 17B-1-512 (2)(a).
8366 [(4) In addition to those definitions in Section 17B-2-101 , as used in this part,
8367 "receiving entity" means an entity that will, following a withdrawal, provide to the withdrawn
8368 area the service previously provided by the local district.]
8369 Section 178. Section 17B-1-503 , which is renumbered from Section 17B-2-602 is
8370 renumbered and amended to read:
8371 [17B-2-602]. 17B-1-503. Withdrawal or boundary adjustment with
8372 municipal approval.
8373 (1) A municipality and a local district whose boundaries adjoin or overlap may adjust
8374 the boundary of the local district to include more or less of the municipality in the local district
8375 by following the same procedural requirements as set forth in Section [ 17B-2-516 ] 17B-1-417
8376 for boundary adjustments between adjoining local districts.
8377 (2) After a boundary adjustment under Subsection (1) is complete, the local district
8378 shall provide the same service to any area added to the local district as provided to other areas
8379 within the local district and the municipality shall provide the same service that the local
8380 district previously provided to any area withdrawn from the local district.
8381 (3) No area within a municipality may be added to the area of a local district under this
8382 section if the area is part of a local district that provides the same wholesale or retail service as
8383 the first local district.
8384 Section 179. Section 17B-1-504 , which is renumbered from Section 17B-2-603 is
8385 renumbered and amended to read:
8386 [17B-2-603]. 17B-1-504. Initiation of withdrawal process -- Notice of
8387 petition.
8388 (1) Except as provided in Section [ 17B-2-603.5 ] 17B-1-505 , the process to withdraw
8389 an area from a local district may be initiated:
8390 (a) for a local district funded predominantly by revenues from property taxes or service
8391 charges other than those based upon acre-feet of water:
8392 (i) by a petition signed by the owners of private real property that:
8393 (A) is located within the area proposed to be withdrawn;
8394 (B) covers at least 51% of the total private land within the area proposed to be
8395 withdrawn; and

8396 (C) is equal in taxable value to at least 51% of the taxable value of all private real
8397 property within the area proposed to be withdrawn;
8398 (ii) by a petition signed by registered voters residing within the area proposed to be
8399 withdrawn equal in number to at least 67% of the number of votes cast in the same area for the
8400 office of governor at the last regular general election before the filing of the petition;
8401 (iii) by a resolution adopted by the board of trustees of the local district in which the
8402 area proposed to be withdrawn is located, which:
8403 (A) states the reasons for withdrawal; and
8404 (B) is accompanied by a general description of the area proposed to be withdrawn; or
8405 (iv) by a resolution to file a petition with the local district to withdraw from the local
8406 district all or a specified portion of the area within a municipality or county, adopted by the
8407 governing body of a municipality that has within its boundaries an area located within the
8408 boundaries of a local district, or by the governing body of a county that has within its
8409 boundaries an area located within the boundaries of a local district that is located in more than
8410 one county, which petition of the governing body shall be filed with the board of trustees only
8411 if a written request to petition the board of trustees to withdraw an area from the local district
8412 has been filed with the governing body of the municipality, or county, and the request has been
8413 signed by registered voters residing within the boundaries of the area proposed for withdrawal
8414 equal in number to at least 51% of the number of votes cast in the same area for the office of
8415 governor at the last regular general election before the filing of the petition;
8416 (b) for a local district whose board of trustees is elected by electors based on the
8417 acre-feet of water allotted to the land owned by the elector:
8418 (i) in the same manner as provided in Subsection (1)(a)(iii) or Subsection (1)(a)(iv); or
8419 (ii) by a petition signed by the owners of at least 67% of the acre-feet of water allotted
8420 to the land proposed to be withdrawn; or
8421 (c) for a local district funded predominantly by revenues other than property taxes,
8422 service charges, or assessments based upon an allotment of acre-feet of water:
8423 (i) in the same manner as provided in Subsection (1)(a)(iii) or Subsection (1)(a)(iv); or
8424 (ii) by a petition signed by the registered voters residing within the entire area proposed
8425 to be withdrawn, which area shall be comprised of an entire unincorporated area within the
8426 local district or an entire municipality within a local district, or a combination thereof, equal in

8427 number to at least 67% of the number of votes cast within the entire area proposed to be
8428 withdrawn for the office of governor at the last regular general election before the filing of the
8429 petition.
8430 (2) Prior to soliciting any signatures on a petition under Subsection (1), the sponsors of
8431 the petition shall:
8432 (a) notify the local district board with which the petition is intended to be filed that the
8433 sponsors will be soliciting signatures for a petition; and
8434 (b) mail a copy of the petition to the local district board.
8435 Section 180. Section 17B-1-505 , which is renumbered from Section 17B-2-603.5 is
8436 renumbered and amended to read:
8437 [17B-2-603.5]. 17B-1-505. Withdrawal of municipality in certain districts
8438 providing fire protection, paramedic, and emergency services.
8439 (1) (a) The process to withdraw an area from a local district may be initiated by a
8440 resolution adopted by the legislative body of a municipality that is entirely within the
8441 boundaries of a local district:
8442 (i) that provides fire protection, paramedic, and emergency services; and
8443 (ii) in the creation of which an election was not required because of Subsection
8444 [ 17B-2-214 ] 17B-1-214 (3)(c).
8445 (b) Within ten days after adopting a resolution under Subsection (1)(a), the municipal
8446 legislative body shall submit to the board of trustees of the local district written notice of the
8447 adoption of the resolution, accompanied by a copy of the resolution.
8448 (2) If a resolution is adopted under Subsection (1)(a), the municipal legislative body
8449 shall hold an election at the next municipal general election that is more than 60 days after
8450 adoption of the resolution on the question of whether the municipality should withdraw from
8451 the local district.
8452 (3) If a majority of those voting on the question of withdrawal at an election held under
8453 Subsection (2) vote in favor of withdrawal, the municipality shall be withdrawn from the local
8454 district.
8455 (4) (a) Within ten days after the canvass of an election at which a withdrawal under this
8456 section is submitted to voters, the municipal legislative body shall send written notice to the
8457 board of the local district from which the municipality is proposed to withdraw.

8458 (b) Each notice under Subsection (4)(a) shall:
8459 (i) state the results of the withdrawal election; and
8460 (ii) if the withdrawal was approved by voters, be accompanied by a map or legal
8461 description of the area to be withdrawn, adequate for purposes of the county assessor and
8462 recorder.
8463 (5) The effective date of a withdrawal under this section is governed by Subsection
8464 [ 17B-2-610 ] 17B-1-512 (2)(a).
8465 Section 181. Section 17B-1-506 , which is renumbered from Section 17B-2-604 is
8466 renumbered and amended to read:
8467 [17B-2-604]. 17B-1-506. Withdrawal petition requirements.
8468 (1) Each petition under Section [ 17B-2-603 ] 17B-1-504 shall:
8469 (a) indicate the typed or printed name and current address of each owner of acre-feet of
8470 water, property owner, registered voter, or authorized representative of the governing body
8471 signing the petition;
8472 (b) separately group signatures by municipality and, in the case of unincorporated
8473 areas, by county;
8474 (c) if it is a petition signed by the owners of land, the assessment of which is based on
8475 acre-feet of water, indicate the address of the property and the property tax identification parcel
8476 number of the property as to which the owner is signing the request;
8477 (d) designate up to three signers of the petition as sponsors, or in the case of a petition
8478 filed under Subsection [ 17B-2-603 ] 17B-1-504 (1)(a)(iv), designate a governmental
8479 representative as a sponsor, and in each case, designate one sponsor as the contact sponsor with
8480 the mailing address and telephone number of each;
8481 (e) state the reasons for withdrawal; and
8482 (f) when the petition is filed with the local district board of trustees, be accompanied by
8483 a map generally depicting the boundaries of the area proposed to be withdrawn and a legal
8484 description of the area proposed to be withdrawn.
8485 (2) (a) The local district may prepare an itemized list of expenses, other than attorney
8486 expenses, that will necessarily be incurred by the local district in the withdrawal proceeding.
8487 The itemized list of expenses may be submitted to the contact sponsor. If the list of expenses is
8488 submitted to the contact sponsor within 21 days after receipt of the petition, the contact sponsor

8489 on behalf of the petitioners shall be required to pay the expenses to the local district within 90
8490 days of receipt. Until funds to cover the expenses are delivered to the local district, the district
8491 will have no obligation to proceed with the withdrawal and the time limits on the district stated
8492 in this part will be tolled. If the expenses are not paid within the 90 days, or within 90 days
8493 from the conclusion of any arbitration under Subsection (2)(b), the petition requesting the
8494 withdrawal shall be considered to have been withdrawn.
8495 (b) If there is no agreement between the board of trustees of the local district and the
8496 contact sponsor on the amount of expenses that will necessarily be incurred by the local district
8497 in the withdrawal proceeding, either the board of trustees or the contact sponsor may submit
8498 the matter to binding arbitration in accordance with Title 78, Chapter 31b, Alternative Dispute
8499 Resolution Act; provided that, if the parties cannot agree upon an arbitrator and the rules and
8500 procedures that will control the arbitration, either party may pursue arbitration under Title 78,
8501 Chapter 31a, Utah Uniform Arbitration Act.
8502 (3) A signer of a petition may withdraw or, once withdrawn, reinstate the signer's
8503 signature at any time before the public hearing under Section [ 17B-2-606 ] 17B-1-508 by
8504 submitting a written withdrawal or reinstatement with the board of trustees of the local district
8505 in which the area proposed to be withdrawn is located.
8506 (4) If it reasonably appears that, if the withdrawal which is the subject of a petition
8507 filed under Subsection [ 17B-2-603 ] 17B-1-504 (1)(a)(i) or (ii) is granted, it will be necessary
8508 for a municipality to provide to the withdrawn area the service previously supplied by the local
8509 district, the board of trustees of the local district may, within 21 days after receiving the
8510 petition, notify the contact sponsor in writing that, before it will be considered by the board of
8511 trustees, the petition must be presented to and approved by the governing body of the
8512 municipality as provided in Subsection [ 17B-2-603 ] 17B-1-504 (1)(a)(iv) before it will be
8513 considered by the local district board of trustees. If the notice is timely given to the contact
8514 sponsor, the petition shall be considered to have been withdrawn until the municipality files a
8515 petition with the local district under Subsection [ 17B-2-603 ] 17B-1-504 (1)(a)(iv).
8516 (5) (a) After receiving the notice required by Subsection [ 17B-2-603 ] 17B-1-504 (2),
8517 unless specifically allowed by law, a public entity may not make expenditures from public
8518 funds to support or oppose the gathering of signatures on a petition for withdrawal.
8519 (b) Nothing in this section prohibits a public entity from providing factual information

8520 and analysis regarding a withdrawal petition to the public, so long as the information grants
8521 equal access to both the opponents and proponents of the petition for withdrawal.
8522 (c) Nothing in this section prohibits a public official from speaking, campaigning,
8523 contributing personal monies, or otherwise exercising the public official's constitutional rights.
8524 Section 182. Section 17B-1-507 , which is renumbered from Section 17B-2-605 is
8525 renumbered and amended to read:
8526 [17B-2-605]. 17B-1-507. Withdrawal petition certification -- Amended
8527 petition.
8528 (1) Within 30 days after the filing of a petition under Sections [ 17B-2-603 ] 17B-1-504
8529 and [ 17B-2-604 ] 17B-1-506 , the board of trustees of the local district in which the area
8530 proposed to be withdrawn is located shall:
8531 (a) with the assistance of officers of the county in which the area proposed to be
8532 withdrawn is located, determine whether the petition meets the requirements of Sections
8533 [ 17B-2-603 ] 17B-1-504 and [ 17B-2-604 ] 17B-1-506 ; and
8534 (b) (i) if the petition complies with the requirements set forth in Sections [ 17B-2-603 ]
8535 17B-1-504 and [ 17B-2-604 ] 17B-1-506 , certify the petition and mail or deliver written
8536 notification of the certification to the contact sponsor; or
8537 (ii) if the petition fails to comply with any of the requirements set forth in Sections
8538 [ 17B-2-603 ] 17B-1-504 and [ 17B-2-604 ] 17B-1-506 , reject the petition as insufficient and mail
8539 or deliver written notification of the rejection and the reasons for the rejection to the contact
8540 sponsor.
8541 (2) (a) If the board rejects the petition under Subsection (1)(b)(ii), the petition may be
8542 amended to correct the deficiencies for which it was rejected and then refiled within 60 days
8543 after notice of the rejection.
8544 (b) A valid signature on a petition that was rejected under Subsection (1)(b)(ii) may be
8545 used toward fulfilling the applicable signature requirement for an amended petition refiled
8546 under Subsection (2)(a).
8547 (3) The board of trustees shall process an amended petition refiled under Subsection
8548 (2)(a) in the same manner as an original petition under Subsection (1). If an amended petition
8549 is rejected for failure to comply with the requirements of Sections [ 17B-2-603 ] 17B-1-504 and
8550 [ 17B-2-604 ] 17B-1-506 , the board of trustees shall issue a final rejection of the petition for

8551 insufficiency and mail or deliver written notice of the final rejection to the contact sponsor.
8552 (4) (a) A signer of a petition for which there has been a final rejection under Subsection
8553 (3) for insufficiency may seek judicial review of the board of trustees' final decision to reject
8554 the petition as insufficient.
8555 (b) Judicial review under Subsection (4)(a) shall be initiated by filing an action in state
8556 district court in the county in which a majority of the area proposed to be withdrawn is located.
8557 (c) The court in which an action is filed under this Subsection (4) may not overturn the
8558 board of trustees' decision to reject the petition unless the court finds that:
8559 (i) the board of trustees' decision was arbitrary or capricious; or
8560 (ii) the petition materially complies with the requirements set forth in Sections
8561 [ 17B-2-603 ] 17B-1-504 and [ 17B-2-604 ] 17B-1-506 .
8562 (d) The court may award costs and expenses of an action under this section, including
8563 reasonable [attorney's] attorney fees, to the prevailing party.
8564 Section 183. Section 17B-1-508 , which is renumbered from Section 17B-2-606 is
8565 renumbered and amended to read:
8566 [17B-2-606]. 17B-1-508. Public hearing -- Quorum of board required to
8567 be present.
8568 (1) A public hearing on the proposed withdrawal shall be held by the board of trustees
8569 of a local district that:
8570 (a) certifies a petition under Subsection [ 17B-2-605 ] 17B-1-507 (1)(b)(i) unless the
8571 petition was signed by all of the owners of private land within the area proposed to be
8572 withdrawn or all of the registered voters residing within the area proposed to be withdrawn; or
8573 (b) adopts a resolution under Subsection [ 17B-2-603 ] 17B-1-504 (1)(a)(iii).
8574 (2) The public hearing required by Subsection (1) for a petition certified by the board
8575 of trustees of a local district under Subsection [ 17B-2-605 ] 17B-1-507 (1)(b)(i), other than a
8576 petition filed in accordance with Subsection [ 17B-2-603 ] 17B-1-504 (1)(a)(iv), may be held as
8577 an agenda item of a meeting of the board of trustees of the local district without complying
8578 with the requirements of Subsection (3)(b), (3)(c), or Section [ 17B-2-607 ] 17B-1-509 .
8579 (3) Except as provided in Subsection (2), the public hearing required by Subsection (1)
8580 shall be held:
8581 (a) no later than 90 days after:

8582 (i) certification of the petition under Subsection [ 17B-2-605 ] 17B-1-507 (1)(b)(i); or
8583 (ii) adoption of a resolution under Subsection [ 17B-2-603 ] 17B-1-504 (1)(a)(iii);
8584 (b) (i) for a local district located entirely within a single county:
8585 (A) within or as close as practicable to the area proposed to be withdrawn; or
8586 (B) at the local district office; or
8587 (ii) for a local district located in more than one county:
8588 (A) (I) within the county in which the area proposed to be withdrawn is located; and
8589 (II) within or as close as practicable to the area proposed to be withdrawn; or
8590 (B) if the local district office is reasonably accessible to all residents within the area
8591 proposed to be annexed, at the local district office;
8592 (c) on a weekday evening other than a holiday beginning no earlier than 6:00 p.m.; and
8593 (d) for the purpose of allowing:
8594 (i) the public to ask questions and obtain further information about the proposed
8595 withdrawal and issues raised by it; and
8596 (ii) any interested person to address the board of trustees concerning the proposed
8597 withdrawal.
8598 (4) A quorum of the board of trustees of the local district shall be present throughout
8599 the public hearing provided for under this section.
8600 (5) A public hearing under this section may be postponed or continued to a new time,
8601 date, and place without further notice by a resolution of the board of trustees adopted at the
8602 public hearing held at the time, date, and place specified in the published notice; provided,
8603 however, that the public hearing may not be postponed or continued to a date later than 15 days
8604 after the 90-day period under Subsection (3).
8605 Section 184. Section 17B-1-509 , which is renumbered from Section 17B-2-607 is
8606 renumbered and amended to read:
8607 [17B-2-607]. 17B-1-509. Notice of hearing and withdrawal.
8608 (1) Unless it is held as an agenda item of a meeting of the board of trustees of a local
8609 district as allowed by Subsection [ 17B-2-606 ] 17B-1-508 (2), before holding a public hearing
8610 under Section [ 17B-2-606 ] 17B-1-508 , the board of trustees of the local district shall:
8611 (a) mail notice of the public hearing and of the proposed withdrawal to:
8612 (i) if the local district is funded predominantly by revenues from a property tax, each

8613 owner of private real property located within the area proposed to be withdrawn, as shown
8614 upon the county assessment roll last equalized as of the previous December 31;
8615 (ii) if the local district is funded by fees based upon an allotment of acre-feet of water,
8616 each owner of private real property with an allotment of water located within the area proposed
8617 to be withdrawn, as shown upon the district's records; or
8618 (iii) if the local district is not funded predominantly by revenues from a property tax or
8619 fees based upon an allotment of acre-feet of water, each registered voter residing within the
8620 area proposed to be withdrawn, as determined by the voter registration list maintained by the
8621 county clerk as of a date selected by the board of trustees that is at least 20 but not more than
8622 60 days before the public hearing; and
8623 (b) post notice of the public hearing and of the proposed withdrawal in at least four
8624 conspicuous places within the area proposed to be withdrawn, no less than five nor more than
8625 30 days before the public hearing.
8626 (2) Each notice required under Subsection (1) shall:
8627 (a) describe the area proposed to be withdrawn;
8628 (b) identify the local district in which the area proposed to be withdrawn is located;
8629 (c) state the date, time, and location of the public hearing;
8630 (d) state that the petition or resolution may be examined during specified times and at a
8631 specified place in the local district; and
8632 (e) state that any person interested in presenting comments or other information for or
8633 against the petition or resolution may:
8634 (i) prior to the hearing, submit relevant comments and other information in writing to
8635 the board of trustees at a specified address in the local district; or
8636 (ii) at the hearing, present relevant comments and other information in writing and may
8637 also present comments and information orally.
8638 Section 185. Section 17B-1-510 , which is renumbered from Section 17B-2-608 is
8639 renumbered and amended to read:
8640 [17B-2-608]. 17B-1-510. Resolution approving or rejecting withdrawal --
8641 Criteria for approval or rejection -- Terms and conditions.
8642 (1) (a) On or before the date of the board meeting next following the public hearing
8643 under Section [ 17B-2-606 ] 17B-1-508 , but in no case later than 90 days after the public hearing

8644 or, if no hearing is held, within 90 days after the filing of a petition under Section [ 17B-2-603 ]
8645 17B-1-504 , the board of trustees of the local district in which the area proposed to be
8646 withdrawn is located shall adopt a resolution:
8647 (i) approving the withdrawal of some or all of the area from the local district; or
8648 (ii) rejecting the withdrawal.
8649 (b) Each resolution approving a withdrawal shall:
8650 (i) include a legal description of the area proposed to be withdrawn;
8651 (ii) state the effective date of the withdrawal; and
8652 (iii) set forth the terms and conditions under Subsection (5), if any, of the withdrawal.
8653 (c) Each resolution rejecting a withdrawal shall include a detailed explanation of the
8654 board of trustees' reasons for the rejection.
8655 (2) Unless denial of the petition is required under Subsection (3), the board of trustees
8656 shall adopt a resolution approving the withdrawal of some or all of the area from the local
8657 district if the board of trustees determines that:
8658 (a) the area to be withdrawn does not and will not require the service that the local
8659 district provides;
8660 (b) the local district will not be able to provide service to the area to be withdrawn for
8661 the reasonably foreseeable future; or
8662 (c) the area to be withdrawn has obtained the same service that is provided by the local
8663 district or a commitment to provide the same service that is provided by the local district from
8664 another source.
8665 (3) The board of trustees shall adopt a resolution denying the withdrawal if it
8666 determines that the proposed withdrawal would:
8667 (a) result in a breach or default by the local district under:
8668 (i) any of its notes, bonds, or other debt or revenue obligations;
8669 (ii) any of its agreements with entities which have insured, guaranteed, or otherwise
8670 credit-enhanced any debt or revenue obligations of the local district; or
8671 (iii) any of its agreements with the United States or any agency of the United States;
8672 provided, however, that, if the local district has entered into an agreement with the United
8673 States that requires the consent of the United States for a withdrawal of territory from the
8674 district, a withdrawal under this part may occur if the written consent of the United States is

8675 obtained and filed with the board of trustees;
8676 (b) adversely affect the ability of the local district to make any payments or perform
8677 any other material obligations under:
8678 (i) any of its agreements with the United States or any agency of the United States;
8679 (ii) any of its notes, bonds, or other debt or revenue obligations; or
8680 (iii) any of its agreements with entities which have insured, guaranteed, or otherwise
8681 credit-enhanced any debt or revenue obligations of the local district;
8682 (c) result in the reduction or withdrawal of any rating on an outstanding note, bond, or
8683 other debt or revenue obligation of the local district;
8684 (d) create an island or peninsula of nondistrict territory within the local district or of
8685 district territory within nondistrict territory that has a material adverse affect on the local
8686 district's ability to provide service or materially increases the cost of providing service to the
8687 remainder of the local district;
8688 (e) materially impair the operations of the remaining local district; or
8689 (f) require the local district to materially increase the fees it charges or property taxes
8690 or other taxes it levies in order to provide to the remainder of the district the same level and
8691 quality of service that was provided before the withdrawal.
8692 (4) In determining whether the withdrawal would have any of the results described in
8693 Subsection (3), the board of trustees may consider the cumulative impact that multiple
8694 withdrawals over a specified period of time would have on the local district.
8695 (5) (a) Despite the presence of one or more of the conditions listed in Subsection (3),
8696 the board of trustees may approve a resolution withdrawing an area from the local district
8697 imposing terms or conditions that mitigate or eliminate the conditions listed in Subsection (3),
8698 including:
8699 (i) a requirement that the owners of property located within the area proposed to be
8700 withdrawn or residents within that area pay their proportionate share of any outstanding district
8701 bond or other obligation as determined pursuant to Subsection (5)(b);
8702 (ii) a requirement that the owners of property located within the area proposed to be
8703 withdrawn or residents within that area make one or more payments in lieu of taxes, fees, or
8704 assessments;
8705 (iii) a requirement that the board of trustees and the receiving entity agree to reasonable

8706 payment and other terms in accordance with Subsections (5)(f) through (g) regarding the
8707 transfer to the receiving entity of district assets that the district used before withdrawal to
8708 provide service to the withdrawn area but no longer needs because of the withdrawal; provided
8709 that, if those district assets are allocated in accordance with Subsections (5)(f) through (g), the
8710 district shall immediately transfer to the receiving entity on the effective date of the
8711 withdrawal, all title to and possession of district assets allocated to the receiving entity; or
8712 (iv) any other reasonable requirement considered to be necessary by the board of
8713 trustees.
8714 (b) Other than as provided for in Subsection [ 17B-2-609 ] 17B-1-511 (2), and except as
8715 provided in Subsection (5)(e), in determining the proportionate share of outstanding bonded
8716 indebtedness or other obligations under Subsection (5)(a)(i) and for purposes of determining
8717 the allocation and transfer of district assets under Subsection (5)(a)(iii), the board of trustees
8718 and the receiving entity, or in cases where there is no receiving entity, the board and the
8719 sponsors of the petition shall:
8720 (i) engage engineering and accounting consultants chosen by the procedure provided in
8721 Subsection (5)(d); provided however, that if the withdrawn area is not receiving service, an
8722 engineering consultant need not be engaged; and
8723 (ii) require the engineering and accounting consultants engaged under Subsection
8724 (5)(b)(i) to communicate in writing to the board of trustees and the receiving entity, or in cases
8725 where there is no receiving entity, the board and the sponsors of the petition the information
8726 required by Subsections (5)(f) through (h).
8727 (c) For purposes of this Subsection (5):
8728 (i) "accounting consultant" means a certified public accountant or a firm of certified
8729 public accountants with the expertise necessary to make the determinations required under
8730 Subsection (5)(h); and
8731 (ii) "engineering consultant" means a person or firm that has the expertise in the
8732 engineering aspects of the type of system by which the withdrawn area is receiving service that
8733 is necessary to make the determination required under Subsections (5)(f) and (g).
8734 (d) (i) Unless the board of trustees and the receiving entity, or in cases where there is
8735 no receiving entity, the board and the sponsors of the petition agree on an engineering
8736 consultant and an accounting consultant, each consultant shall be chosen from a list of

8737 consultants provided by the Consulting Engineers Council of Utah and the Utah Association of
8738 Certified Public Accountants, respectively, as provided in this Subsection (5)(d).
8739 (ii) A list under Subsection (5)(d)(i) may not include a consultant who has had a
8740 contract for services with the district or the receiving entity during the two-year period
8741 immediately before the list is provided to the local district.
8742 (iii) Within 20 days of receiving the lists described in Subsection (5)(d)(i), the board of
8743 trustees shall eliminate the name of one engineering consultant from the list of engineering
8744 consultants and the name of one accounting consultant from the list of accounting consultants
8745 and shall notify the receiving entity, or in cases where there is no receiving entity, the sponsors
8746 of the petition in writing of the eliminations.
8747 (iv) Within three days of receiving notification under Subsection (5)(d), the receiving
8748 entity, or in cases where there is no receiving entity, the sponsors of the petition shall eliminate
8749 another name of an engineering consultant from the list of engineering consultants and another
8750 name of an accounting consultant from the list of accounting consultants and shall notify the
8751 board of trustees in writing of the eliminations.
8752 (v) The board of trustees and the receiving entity, or in cases where there is no
8753 receiving entity, the board and the sponsors of the petition shall continue to alternate between
8754 them, each eliminating the name of one engineering consultant from the list of engineering
8755 consultants and the name of one accounting consultant from the list of accounting consultants
8756 and providing written notification of the eliminations within three days of receiving
8757 notification of the previous notification, until the name of only one engineering consultant
8758 remains on the list of engineering consultants and the name of only one accounting consultant
8759 remains on the list of accounting consultants.
8760 (e) The requirement under Subsection (5)(b) to engage engineering and accounting
8761 consultants does not apply if the board of trustees and the receiving entity, or in cases where
8762 there is no receiving entity, the board and the sponsors of the petition agree on the allocations
8763 that are the engineering consultant's responsibility under Subsection (5)(f) or the
8764 determinations that are the accounting consultant's responsibility under Subsection (5)(h);
8765 provided however, that if engineering and accounting consultants are engaged, the district and
8766 the receiving entity, or in cases where there is no receiving entity, the district and the sponsors
8767 of the petition shall equally share the cost of the engineering and accounting consultants.

8768 (f) (i) The engineering consultant shall allocate the district assets between the district
8769 and the receiving entity as provided in this Subsection (5)(f).
8770 (ii) The engineering consultant shall allocate:
8771 (A) to the district those assets reasonably needed by the district to provide to the area
8772 of the district remaining after withdrawal the kind, level, and quality of service that was
8773 provided before withdrawal; and
8774 (B) to the receiving entity those assets reasonably needed by the receiving entity to
8775 provide to the withdrawn area the kind and quality of service that was provided before
8776 withdrawal.
8777 (iii) If the engineering consultant determines that both the local district and the
8778 receiving entity reasonably need a district asset to provide to their respective areas the kind and
8779 quality of service provided before withdrawal, the engineering consultant shall:
8780 (A) allocate the asset between the local district and the receiving entity according to
8781 their relative needs, if the asset is reasonably susceptible of division; or
8782 (B) allocate the asset to the local district, if the asset is not reasonably susceptible of
8783 division.
8784 (g) All district assets remaining after application of Subsection (5)(f) shall be allocated
8785 to the local district.
8786 (h) (i) The accounting consultant shall determine the withdrawn area's proportionate
8787 share of any redemption premium and the principal of and interest on:
8788 (A) the local district's revenue bonds that were outstanding at the time the petition was
8789 filed;
8790 (B) the local district's general obligation bonds that were outstanding at the time the
8791 petition was filed; and
8792 (C) the local district's general obligation bonds that:
8793 (I) were outstanding at the time the petition was filed; and
8794 (II) are treated as revenue bonds under Subsection (5)(i); and
8795 (D) the district's bonds that were issued prior to the date the petition was filed to refund
8796 the district's revenue bonds, general obligation bonds, or general obligation bonds treated as
8797 revenue bonds.
8798 (ii) For purposes of Subsection (5)(h)(i), the withdrawn area's proportionate share of

8799 redemption premium, principal, and interest shall be the amount that bears the same
8800 relationship to the total redemption premium, principal, and interest for the entire district that
8801 the average annual gross revenues from the withdrawn area during the three most recent
8802 complete fiscal years before the filing of the petition bears to the average annual gross revenues
8803 from the entire district for the same period.
8804 (i) For purposes of Subsection (5)(h)(i), a district general obligation bond shall be
8805 treated as a revenue bond if:
8806 (i) the bond is outstanding on the date the petition was filed; and
8807 (ii) the principal of and interest on the bond, as of the date the petition was filed, had
8808 been paid entirely from local district revenues and not from a levy of ad valorem tax.
8809 (j) (i) Before the board of trustees of the local district files a resolution approving a
8810 withdrawal, the receiving entity, or in cases where there is no receiving entity, the sponsors of
8811 the petition shall irrevocably deposit government obligations, as defined in Subsection
8812 11-27-2 (6), into an escrow trust fund the principal of and interest on which are sufficient to
8813 provide for the timely payment of the amount determined by the accounting consultant under
8814 Subsection (5)(h) or in an amount mutually agreeable to the board of trustees of the local
8815 district and the receiving entity, or in cases where there is no receiving entity, the board and the
8816 sponsors of the petition. Notwithstanding Subsection [ 17B-2-610 ] 17B-1-512 (1), the board of
8817 trustees shall not be required to file a resolution approving a withdrawal until the requirements
8818 for establishing and funding an escrow trust fund in this Subsection (5)(j)(i) have been met;
8819 provided that, if the escrow trust fund has not been established and funded within 180 days
8820 after the board of trustees passes a resolution approving a withdrawal, the resolution approving
8821 the withdrawal shall be void.
8822 (ii) Concurrently with the creation of the escrow, the receiving entity, or in cases where
8823 there is no receiving entity, the sponsors of the petition shall provide to the board of trustees of
8824 the local district:
8825 (A) a written opinion of an attorney experienced in the tax-exempt status of municipal
8826 bonds stating that the establishment and use of the escrow to pay the proportionate share of the
8827 district's outstanding revenue bonds and general obligation bonds that are treated as revenue
8828 bonds will not adversely affect the tax-exempt status of the bonds; and
8829 (B) a written opinion of an independent certified public accountant verifying that the

8830 principal of and interest on the deposited government obligations are sufficient to provide for
8831 the payment of the withdrawn area's proportionate share of the bonds as provided in Subsection
8832 (5)(h).
8833 (iii) The receiving entity, or in cases where there is no receiving entity, the sponsors of
8834 the petition shall bear all expenses of the escrow and the redemption of the bonds.
8835 (iv) The receiving entity may issue bonds under Title 11, Chapter 14, Local
8836 Government Bonding Act, and Title 11, Chapter 27, Utah Refunding Bond Act, to fund the
8837 escrow.
8838 (6) A requirement imposed by the board of trustees as a condition to withdrawal under
8839 Subsection (5) shall, in addition to being expressed in the resolution, be reduced to a duly
8840 authorized and executed written agreement between the parties to the withdrawal.
8841 (7) An area that is the subject of a withdrawal petition under Section [ 17B-2-603 ]
8842 17B-1-504 that results in a board of trustees resolution denying the proposed withdrawal may
8843 not be the subject of another withdrawal petition under Section [ 17B-2-603 ] 17B-1-504 for two
8844 years after the date of the board of trustees resolution denying the withdrawal.
8845 Section 186. Section 17B-1-511 , which is renumbered from Section 17B-2-609 is
8846 renumbered and amended to read:
8847 [17B-2-609]. 17B-1-511. Continuation of tax levy after withdrawal to pay
8848 for proportionate share of district bonds.
8849 (1) Other than as provided in Subsection (2), and unless an escrow trust fund is
8850 established and funded pursuant to Subsection [ 17B-2-608 ] 17B-1-510 (5)(j), property within
8851 the withdrawn area shall continue after withdrawal to be subject to a tax by the local district:
8852 (a) for the purpose of paying the withdrawn area's just proportion of the local district's
8853 general obligation bonds, other than those bonds treated as revenue bonds under Subsection
8854 [ 17B-2-608 ] 17B-1-510 (5)(i), until the bonded indebtedness has been satisfied; and
8855 (b) to the extent and for the years necessary to generate sufficient revenue that, when
8856 combined with the revenues from the district remaining after withdrawal, is sufficient to
8857 provide for the payment of principal and interest on the district's general obligation bonds that
8858 are treated as revenue bonds under Subsection [ 17B-2-608 ] 17B-1-510 (5)(i).
8859 (2) For a local district funded predominately by revenues other than property taxes,
8860 service charges, or assessments based upon an allotment of acre-feet of water, taxes within the

8861 withdrawn area shall continue to be collected for purposes of paying the withdrawn area's
8862 proportionate share of bonded indebtedness or judgments against the local district incurred
8863 prior to the date the petition was filed.
8864 (3) Except as provided in Subsections (1) and (2), upon withdrawal, the withdrawing
8865 area is relieved of all other taxes, assessments, and charges levied by the district, including
8866 taxes and charges for the payment of revenue bonds and maintenance and operation cost of the
8867 local district.
8868 Section 187. Section 17B-1-512 , which is renumbered from Section 17B-2-610 is
8869 renumbered and amended to read:
8870 [17B-2-610]. 17B-1-512. Notice of withdrawal -- Contest period -- Judicial
8871 review.
8872 (1) (a) The board of trustees shall file a written notice of withdrawal with the lieutenant
8873 governor:
8874 (i) within ten days after adopting a resolution approving a withdrawal under Section
8875 [ 17B-2-608 ] 17B-1-510 ; and
8876 (ii) as soon as practicable after receiving a notice under Subsection 10-2-425 (2) of an
8877 automatic withdrawal under Subsection [ 17B-2-601 (2)] 17B-1-502 (2), after receiving a copy of
8878 the municipal legislative body's resolution approving an automatic withdrawal under
8879 Subsection [ 17B-2-601 (3)] 17B-1-502 (3)(a), or after receiving notice of a withdrawal of a
8880 municipality from a local district under Section [ 17B-2-603.5 ] 17B-2-505 .
8881 (b) The notice required under Subsection (1)(a) shall:
8882 (i) be accompanied by:
8883 (A) for a withdrawal pursuant to a resolution adopted under Section [ 17B-2-608 ]
8884 17B-1-510 , a copy of the board resolution approving the withdrawal; and
8885 (B) an accurate map depicting the boundaries of the withdrawn area or a legal
8886 description of the withdrawn area, adequate for purposes of the county assessor and recorder;
8887 and
8888 (ii) for a withdrawal pursuant to a resolution adopted under Section [ 17B-2-608 ]
8889 17B-1-510 , include a certification by the local district board that all requirements for the
8890 withdrawal have been complied with.
8891 (2) (a) Upon the lieutenant governor's issuance of the certificate of boundary change

8892 under Section 67-1a-6.5 for a withdrawal under Section [ 17B-2-608 ] 17B-1-510 , for an
8893 automatic withdrawal under Subsection [ 17B-2-601 (3)] 17B-1-502 (3), or for the withdrawal of
8894 a municipality from a local district under Section [ 17B-2-603.5 ] 17B-2-505 , the withdrawal
8895 shall be effective, subject to the conditions of the withdrawal resolution, if applicable.
8896 (b) An automatic withdrawal under Subsection [ 17B-2-601 (2)] 17B-1-502 (3) shall be
8897 effective upon the lieutenant governor's issuance of a certificate of boundary change under
8898 Section 67-1a-6.5 .
8899 (3) The local district may provide for the publication of any resolution approving or
8900 denying the withdrawal of an area in a newspaper of general circulation in the area proposed
8901 for withdrawal. In lieu of publishing the entire resolution, the local district may publish a
8902 notice of withdrawal or denial of withdrawal, containing:
8903 (a) the name of the local district;
8904 (b) a description of the area proposed for withdrawal;
8905 (c) a brief explanation of the grounds on which the board of trustees determined to
8906 approve or deny the withdrawal; and
8907 (d) the times and place where a copy of the resolution may be examined, which shall be
8908 at the place of business of the local district, identified in the notice, during regular business
8909 hours of the local district as described in the notice and for a period of at least 30 days after the
8910 publication of the notice.
8911 (4) Any sponsor of the petition or receiving entity may contest the board's decision to
8912 deny a withdrawal of an area from the local district by submitting a request, within 60 days
8913 after the resolution is adopted under Section [ 17B-2-608 ] 17B-1-510 , to the board of trustees,
8914 suggesting terms or conditions to mitigate or eliminate the conditions upon which the board of
8915 trustees based its decision to deny the withdrawal.
8916 (5) Within 60 days after the request under Subsection (4) is submitted to the board of
8917 trustees, the board may consider the suggestions for mitigation and adopt a resolution
8918 approving or denying the request in the same manner as provided in Section [ 17B-2-608 ]
8919 17B-1-510 with respect to the original resolution denying the withdrawal and file a notice of
8920 the action as provided in Subsection (1).
8921 (6) (a) Any person in interest may seek judicial review of:
8922 (i) the board of trustees' decision to withdraw an area from the local district;

8923 (ii) the terms and conditions of a withdrawal; or
8924 (iii) the board's decision to deny a withdrawal.
8925 (b) Judicial review under this Subsection (6) shall be initiated by filing an action in the
8926 district court in the county in which a majority of the area proposed to be withdrawn is located:
8927 (i) if the resolution approving or denying the withdrawal is published under Subsection
8928 (3), within 60 days after the publication or after the board of trustees' denial of the request
8929 under Subsection (5);
8930 (ii) if the resolution is not published pursuant to Subsection (3), within 60 days after
8931 the resolution approving or denying the withdrawal is adopted; or
8932 (iii) if a request is submitted to the board of trustees of a local district under Subsection
8933 (4), and the board adopts a resolution under Subsection (5), within 60 days after the board
8934 adopts a resolution under Subsection (5) unless the resolution is published under Subsection
8935 (3), in which event the action must be filed within 60 days after the publication.
8936 (c) A court in which an action is filed under this Subsection (6) may not overturn, in
8937 whole or in part, the board of trustees' decision to approve or reject the withdrawal unless:
8938 (i) the court finds the board of trustees' decision to be arbitrary or capricious; or
8939 (ii) the court finds that the board materially failed to follow the procedures set forth in
8940 this part.
8941 (d) A court may award costs and expenses of an action under this section, including
8942 reasonable [attorney's] attorney fees, to the prevailing party.
8943 (7) After the applicable contest period under Subsection (4) or (6), no person may
8944 contest the board of trustees' approval or denial of withdrawal for any cause.
8945 Section 188. Section 17B-1-513 , which is renumbered from Section 17B-2-611 is
8946 renumbered and amended to read:
8947 [17B-2-611]. 17B-1-513. Termination of terms of trustees representing
8948 withdrawn areas.
8949 (1) On the effective date of withdrawal of an area from a local district, any trustee
8950 residing in the withdrawn area shall cease to be a member of the board of trustees of the local
8951 district.
8952 (2) If the local district has been divided into divisions for the purpose of electing or
8953 appointing trustees and the area withdrawn from a district constitutes all or substantially all of

8954 the area in a division of the local district that is represented by a member of the board of
8955 trustees, on the effective date of the withdrawal, the trustee representing the division shall
8956 cease to be a member of the board of trustees of the local district.
8957 (3) In the event of a vacancy on the board of trustees as a result of an area being
8958 withdrawn from the local district:
8959 (a) the board of trustees shall reduce the number of trustees of the local district as
8960 provided by law; or
8961 (b) the trustee vacancy shall be filled as provided by law.
8962 Section 189. Section 17B-1-601 , which is renumbered from Section 17A-1-404 is
8963 renumbered and amended to read:
8964 Part 6. Fiscal Procedures for Local Districts
8965 [17A-1-404]. 17B-1-601. Definitions.
8966 As used in this part:
8967 (1) "Appropriation" means an allocation of money by the [governing body] board of
8968 trustees for a specific purpose.
8969 (2) "Budget" means a plan of financial operations for a fiscal year which embodies
8970 estimates of proposed expenditures for given purposes and the proposed means of financing
8971 them, and may refer to the budget of a particular fund for which a budget is required by law or
8972 it may refer collectively to the budgets for all such funds.
8973 (3) "Budget officer" means the person appointed by the [governing body of the] local
8974 district board of trustees to prepare the budget for the district.
8975 (4) "Budget year" means the fiscal year for which a budget is prepared.
8976 (5) "Calendar year entity" means a [special] local district whose fiscal year begins
8977 January 1 and ends December 31 of each calendar year as described in Section [ 17A-1-405 ]
8978 17B-1-602 .
8979 (6) "Current year" means the fiscal year in which a budget is prepared and adopted,
8980 which is the fiscal year next preceding the budget year.
8981 (7) "Deficit" has the meaning given under generally accepted accounting principles as
8982 reflected in the Uniform Accounting Manual for Local Districts.
8983 [(7)] (8) "Estimated revenue" means the amount of revenue estimated to be received
8984 from all sources during the budget year in each fund for which a budget is being prepared.

8985 [(8)] (9) "Financial officer" means the official under Section [ 17A-1-447 ] 17B-1-642 .
8986 [(9)] (10) "Fiscal year" means the annual period for accounting for fiscal operations in
8987 each district.
8988 [(10)] (11) "Fiscal year entity" means a local district whose fiscal year begins July 1 of
8989 each year and ends on June 30 of the following year as described in Section [ 17A-1-405 ]
8990 17B-1-602 .
8991 [(11)] (12) "Fund" has the meaning given under generally accepted accounting
8992 principles as reflected in the Uniform Accounting Manual for [Special] Local Districts.
8993 [(12)] (13) "Fund balance[,]" ["retained earnings," and "deficit" have] has the meaning
8994 given under generally accepted accounting principles as reflected in the Uniform Accounting
8995 Manual for [Special] Local Districts.
8996 [(13) "Governing body" means the governing board of trustees, board of directors, or
8997 other administrative body, whether appointed or elected, and having authority under the laws
8998 specifically governing the respective district.]
8999 (14) "Governmental funds" means the general fund, special revenue fund, debt service
9000 fund, and capital projects fund of a local district.
9001 (15) "Interfund loan" means a loan of cash from one fund to another, subject to future
9002 repayment. It does not constitute an expenditure or a use of retained earnings or fund balance
9003 of the lending fund or revenue to the borrowing fund.
9004 (16) "Last completed fiscal year" means the fiscal year next preceding the current fiscal
9005 year.
9006 (17) "Proprietary funds" means enterprise funds and the internal service funds of a
9007 local district.
9008 (18) "Public funds" means any money or payment collected or received by an officer or
9009 employee of [the] a local district acting in an official capacity and includes money or payment
9010 to the officer or employee for services or goods provided by the district, or the officer or
9011 employee while acting within the scope of employment or duty.
9012 [(19) "Special district" means any district formed under the laws of the state including,
9013 but not limited to:]
9014 [(a) cemetery maintenance districts;]
9015 [(b) municipal improvement districts;]

9016 [(c) special service districts and special service improvement districts;]
9017 [(d) county water and sewer improvement districts;]
9018 [(e) county improvement districts;]
9019 [(f) fire protection districts;]
9020 [(g) county service areas;]
9021 [(h) county planetariums;]
9022 [(i) county zoos;]
9023 [(j) mosquito abatement districts;]
9024 [(k) metropolitan water districts;]
9025 [(l) water conservancy districts;]
9026 [(m) irrigation districts;]
9027 [(n) drainage districts; and]
9028 [(o) all other political subdivisions of the state with the authority to tax or to expend
9029 public funds or which receive tax exempt status for bonding or taxing purposes, except
9030 counties, cities, towns, and school districts but does not include those specified under Section
9031 17A-1-403 .]
9032 (19) "Retained earnings" has the meaning given under generally accepted accounting
9033 principles as reflected in the Uniform Accounting Manual for Local Districts.
9034 (20) "Special fund" means any local district fund other than the [General Fund] local
9035 district's general fund.
9036 Section 190. Section 17B-1-602 , which is renumbered from Section 17A-1-405 is
9037 renumbered and amended to read:
9038 [17A-1-405]. 17B-1-602. Fiscal year.
9039 [All special districts shall adopt the budgeting and reporting fiscal year of the entity
9040 creating the district, with the exception of water conservancy districts created under Chapter 2,
9041 Part 14. Exceptions may be granted by the state auditor with the approval of the special district
9042 advisory committee when the operations of a district may be impaired by this requirement.]
9043 The fiscal year of each local district shall be, as determined by the board of trustees:
9044 (1) the calendar year; or
9045 (2) the period from July 1 to the following June 30.
9046 Section 191. Section 17B-1-603 , which is renumbered from Section 17A-1-406 is

9047 renumbered and amended to read:
9048 [17A-1-406]. 17B-1-603. Uniform accounting system.
9049 The accounting records of [districts] each local district shall be established and
9050 maintained, and financial statements prepared from those records, in conformance with
9051 generally accepted accounting principles promulgated from time to time by authoritative bodies
9052 in the United States. [The state auditor shall prescribe in the Uniform Accounting Manual for
9053 Special Districts a uniform system of accounting that conforms to generally accepted
9054 accounting principles. The state auditor shall maintain the manual so that it reflects generally
9055 accepted accounting principles.]
9056 Section 192. Section 17B-1-604 , which is renumbered from Section 17A-1-407 is
9057 renumbered and amended to read:
9058 [17A-1-407]. 17B-1-604. Funds and account groups maintained.
9059 Each district shall maintain, according to its own accounting needs, some or all of the
9060 funds and account groups in its system of accounts, as prescribed in the Uniform Accounting
9061 Manual for [Special] Local Districts.
9062 Section 193. Section 17B-1-605 , which is renumbered from Section 17A-1-408 is
9063 renumbered and amended to read:
9064 [17A-1-408]. 17B-1-605. Budget required for certain funds -- Capital
9065 projects fund.
9066 (1) The budget officer of each local district shall prepare for each budget year a budget
9067 for each of the following funds:
9068 (a) the general fund;
9069 (b) special revenue funds;
9070 (c) debt service funds;
9071 (d) capital projects funds;
9072 (e) proprietary funds, in accordance with Section [ 17A-1-432 ] 17B-1-629 ; and
9073 (f) any other fund or funds for which a budget is required by the uniform system of
9074 budgeting, accounting, and reporting.
9075 (2) (a) Major capital improvements financed by general obligation bonds, capital
9076 grants, or interfund transfers shall use a capital projects fund budget unless the improvements
9077 financed are to be used for proprietary type activities.

9078 (b) The local district shall prepare a separate budget for the term of the projects as well
9079 as the annual budget required under Subsection (1).
9080 Section 194. Section 17B-1-606 , which is renumbered from Section 17A-1-409 is
9081 renumbered and amended to read:
9082 [17A-1-409]. 17B-1-606. Total of revenues to equal expenditures.
9083 (1) The budget for each fund under Section [ 17A-1-408 ] 17B-1-605 shall provide a
9084 financial plan for the budget year.
9085 (2) Each budget shall specify in tabular form:
9086 (a) estimates of all anticipated revenues, classified by the account titles prescribed in
9087 the Uniform Accounting Manual for [Special] Local Districts; and
9088 (b) all appropriations for expenditures, classified by the account titles prescribed in the
9089 Uniform Accounting Manual for [Special] Local Districts.
9090 [(2)] (3) The total of the anticipated revenues shall equal the total of appropriated
9091 expenditures.
9092 Section 195. Section 17B-1-607 , which is renumbered from Section 17A-1-410 is
9093 renumbered and amended to read:
9094 [17A-1-410]. 17B-1-607. Tentative budget to be prepared -- Review by
9095 governing body.
9096 (1) On or before the first regularly scheduled meeting of the [governing body] board of
9097 trustees in November for a calendar year entity and May for a fiscal year entity, the budget
9098 officer of each local district shall prepare for the ensuing year, on forms provided by the state
9099 auditor, and file with the [governing body,] board of trustees a tentative budget for each fund
9100 for which a budget is required. [The]
9101 (2) (a) Each tentative budget [for the fund] under Subsection (1) shall provide in
9102 tabular form:
9103 [(a)] (i) actual revenues and expenditures for the last completed fiscal year;
9104 [(b)] (ii) estimated total revenues and expenditures for the current fiscal year; and
9105 [(c)] (iii) the budget officer's estimates of revenues and expenditures for the budget
9106 year.
9107 (b) The budget officer shall estimate the amount of revenue available to serve the needs
9108 of each fund, estimate the portion to be derived from all sources other than general property

9109 taxes, and estimate the portion that must be derived from general property taxes.
9110 [(2)] (3) The tentative budget, when filed by the budget officer with the [governing
9111 body] board of trustees, shall contain the estimates of expenditures together with specific work
9112 programs and any other supporting data required by this part or requested by the [governing
9113 body] board.
9114 [(3)] (4) The [tentative budget shall be reviewed, considered, and tentatively adopted
9115 by the governing body] board of trustees shall review, consider, and tentatively adopt the
9116 tentative budget in any regular meeting or special meeting called for that purpose and may [be
9117 amended or revised] amend or revise the tentative budget in any manner [which is considered]
9118 that the board considers advisable prior to public hearings, but no appropriation required for
9119 debt retirement and interest or reduction of any existing deficits under Section [ 17A-1-416 ]
9120 17B-1-613 , or otherwise required by law, may be reduced below the minimums so required.
9121 [(4)] (5) When a new district is created, the [governing body] board of trustees shall:
9122 (a) prepare a budget covering the period from the date of incorporation to the end of
9123 the fiscal year[. The governing body shall];
9124 (b) substantially comply with all other provisions of this part with respect to notices
9125 and hearings[,]; and
9126 (c) pass the budget [shall be passed upon] as soon after incorporation as feasible.
9127 Section 196. Section 17B-1-608 , which is renumbered from Section 17A-1-411 is
9128 renumbered and amended to read:
9129 [17A-1-411]. 17B-1-608. Tentative budget and data -- Public records.
9130 The tentative budget adopted by the [governing body] board of trustees and all
9131 supporting schedules and data are public records, and are available for public inspection for a
9132 period of at least seven days prior to the adoption of a final budget.
9133 Section 197. Section 17B-1-609 , which is renumbered from Section 17A-1-412 is
9134 renumbered and amended to read:
9135 [17A-1-412]. 17B-1-609. Hearing to consider adoption.
9136 (1) At the meeting at which the tentative budget is adopted, the [governing body] board
9137 of trustees shall:
9138 (a) establish the time and place of a public hearing to consider its adoption; and [shall]
9139 (b) order that notice of the hearing:

9140 (i) be published at least seven days prior to the hearing in at least one issue of a
9141 newspaper of general circulation published in the county or counties in which the district is
9142 located[. If]; or
9143 (ii) if no newspaper is published, [the notice required by this section may] be posted in
9144 three public places within the district.
9145 (2) If the budget hearing is held in conjunction with a tax increase hearing, the notice
9146 shall be published in accordance with Sections 59-2-918 and 59-2-919 .
9147 Section 198. Section 17B-1-610 , which is renumbered from Section 17A-1-413 is
9148 renumbered and amended to read:
9149 [17A-1-413]. 17B-1-610. Public hearing on tentatively adopted budget.
9150 At the time and place advertised, or at any time or any place to which the public hearing
9151 may be adjourned, the [governing body] board of trustees shall:
9152 (1) hold a public hearing on the budgets tentatively adopted[. All]; and
9153 (2) give all interested persons in attendance [shall be given] an opportunity to be heard
9154 on the estimates of revenues and expenditures or any item in the tentative budget of any fund.
9155 Section 199. Section 17B-1-611 , which is renumbered from Section 17A-1-414 is
9156 renumbered and amended to read:
9157 [17A-1-414]. 17B-1-611. Continuing authority of governing body.
9158 After the conclusion of the public hearing, the [governing body] board of trustees:
9159 (1) may:
9160 (a) continue to review the tentative budget [and may];
9161 (b) insert any new items[,]; or [may]
9162 (c) increase or decrease items of expenditure[,] that were the proper subject of
9163 consideration at the public hearing[, but there];
9164 (2) may [be no] not decrease [in] the amount appropriated for debt retirement and
9165 interest or reduction of any existing deficits, as provided by Section [17A-1-416 . It]
9166 17B-1-613 ; and
9167 (3) shall [also] increase or decrease the total anticipated revenue to equal the net
9168 change in proposed expenditures in the budget of each fund.
9169 Section 200. Section 17B-1-612 , which is renumbered from Section 17A-1-415 is
9170 renumbered and amended to read:

9171 [17A-1-415]. 17B-1-612. Accumulated fund balances -- Limitations --
9172 Excess balances -- Unanticipated excess of revenues -- Reserves for capital projects.
9173 (1) (a) [Districts are permitted to] A local district may accumulate retained earnings or
9174 fund balances, as appropriate, in any fund.
9175 (b) For the general fund only, [any] an accumulated fund balance [is restricted to the
9176 following purposes] may be used only:
9177 [(a)] (i) to provide working capital to finance expenditures from the beginning of the
9178 budget year until general property taxes or other applicable revenues are collected[, thus
9179 reducing the amount which the district must borrow during the period, but this Subsection does
9180 not permit the appropriation of any fund balance for budgeting purposes except as provided in
9181 Subsection (4)], subject to Subsection (1)(c);
9182 [(b)] (ii) to provide a resource to meet emergency expenditures under Section
9183 [ 17A-1-426 ] 17B-1-623 ; and
9184 [(c)] (iii) to cover a pending year-end excess of expenditures over revenues from an
9185 unavoidable shortfall in revenues[. This provision does not permit the appropriation of any],
9186 subject to Subsection (1)(d).
9187 (c) Subsection (1)(b)(i) may not be construed to authorize a local district to appropriate
9188 a fund balance for budgeting purposes, except as provided in Subsection (4).
9189 (d) Subsection (1)(b)(iii) may not be construed to authorize a local district to
9190 appropriate a fund balance to avoid an operating deficit during [any] a budget year except:
9191 (i) as provided under Subsection (4)[,]; or
9192 (ii) for emergency purposes under Section [ 17A-1-426 ] 17B-1-623 .
9193 (2) The accumulation of a fund balance in the general fund may not exceed the greater
9194 of:
9195 (a) 100% of the current year's property tax; or
9196 (b) (i) 25% of the total general fund revenues for [districts] a district with an annual
9197 general fund [budgets] budget greater than $100,000; or
9198 (ii) 50% of the total general fund revenues for [districts] a district with an annual
9199 general fund [budgets] budget equal to or less than $100,000.
9200 (3) If the fund balance at the close of any fiscal year exceeds the amount permitted
9201 under Subsection (2), the district shall appropriate the excess [shall be appropriated] in the

9202 manner provided in Section [ 17A-1-416 ] 17B-1-613 .
9203 (4) Any fund balance in excess of 5% of the total revenues of the general fund may be
9204 utilized for budget purposes.
9205 (5) (a) Within a capital projects fund the [governing body] board of trustees may, in
9206 any budget year, appropriate from estimated revenue or fund balance to a reserve for capital
9207 projects for the purpose of financing future specific capital projects, including new
9208 construction, capital repairs, replacement, and maintenance, under a formal long-range capital
9209 plan adopted by the [governing body] board of trustees.
9210 (b) [The reserves may] A local district may allow a reserve amount under Subsection
9211 (5)(a) to accumulate from year to year until the accumulated total is sufficient to permit
9212 economical expenditure for the specified purposes.
9213 (c) [Disbursements from these reserves shall be made] A local district may disburse
9214 from a reserve account under Subsection (5)(a) only by a budget appropriation adopted in the
9215 manner provided by this part.
9216 (d) Expenditures from the above appropriation budget accounts shall conform to all
9217 requirements of this part relating to execution and control of budgets.
9218 Section 201. Section 17B-1-613 , which is renumbered from Section 17A-1-416 is
9219 renumbered and amended to read:
9220 [17A-1-416]. 17B-1-613. Appropriations not to exceed estimated
9221 expendable revenue -- Determination of revenue -- Appropriations for existing deficits.
9222 (1) The [governing body of any] board of trustees of a local district may not make any
9223 appropriation in the final budget of any fund in excess of the estimated expendable revenue for
9224 the budget year of the fund.
9225 (2) In determining the estimated expendable revenue of the general fund for the budget
9226 year there is included as an appropriation from the fund balance that portion of the fund
9227 balance at the close of the last completed fiscal year, not previously included in the budget of
9228 the current year, that exceeds the amount permitted in Section [ 17A-1-415 ] 17B-1-612 .
9229 (3) (a) There is included as an item of appropriation in each fund for any budget year
9230 any existing deficit created in accordance with Section [ 17A-1-426 ] 17B-1-623 as of the close
9231 of the last completed fiscal year, not previously included in the budget of the current year, to
9232 the extent of at least 5% of the total revenue of the fund in its last completed fiscal year.

9233 (b) If the total amount of the deficit is less than 5% of the total revenue in the last
9234 completed fiscal year, the entire amount of the deficit shall be included.
9235 (c) The entire amount of any deficit which results from activities other than those
9236 described in Section [ 17A-1-426 ] 17B-1-623 shall be included as an item of appropriation in
9237 each fund for any budget year not previously included in the budget of the current year.
9238 Section 202. Section 17B-1-614 , which is renumbered from Section 17A-1-417 is
9239 renumbered and amended to read:
9240 [17A-1-417]. 17B-1-614. Adoption of final budget -- Certification and
9241 filing.
9242 (1) The [governing body] board of trustees of each local district shall by resolution
9243 adopt a budget for the ensuing fiscal year for each fund for which a budget is required under
9244 this part prior to the beginning of the fiscal year, except as provided in Sections 59-2-919
9245 through 59-2-923 . [A]
9246 (2) The local district's budget officer shall certify a copy of the final budget for each
9247 fund [shall be certified by the budget officer] and [filed] file it with the state auditor within 30
9248 days after adoption.
9249 Section 203. Section 17B-1-615 , which is renumbered from Section 17A-1-418 is
9250 renumbered and amended to read:
9251 [17A-1-418]. 17B-1-615. Budgets in effect for budget year.
9252 (1) Upon final adoption, [the budgets] each budget shall be in effect for the budget
9253 year, subject to [later] amendment as provided in this part.
9254 (2) A certified copy of the adopted budgets shall be filed in the district office and shall
9255 be available to the public during regular business hours.
9256 Section 204. Section 17B-1-616 , which is renumbered from Section 17A-1-419 is
9257 renumbered and amended to read:
9258 [17A-1-419]. 17B-1-616. Property tax levy -- Amount in budget as basis
9259 for determining.
9260 From the effective date of the budget or of any amendment enacted prior to the date on
9261 which property taxes are levied, the amount stated as the amount of estimated revenue from
9262 property taxes shall constitute the basis for determining the property tax levy to be set by the
9263 [governing body] board of trustees for the corresponding tax year, subject to the applicable

9264 limitations imposed by law.
9265 Section 205. Section 17B-1-617 , which is renumbered from Section 17A-1-420 is
9266 renumbered and amended to read:
9267 [17A-1-420]. 17B-1-617. Fund expenditures -- Budget officer's duties.
9268 (1) The budget officer of each local district shall require all expenditures within each
9269 fund to conform with the fund budget.
9270 (2) No appropriation may be encumbered and no expenditure may be made against any
9271 fund appropriation unless there is sufficient unencumbered balance in the fund's appropriation,
9272 except in cases of emergency as provided in Section [ 17A-1-426 ] 17B-1-623 .
9273 Section 206. Section 17B-1-618 , which is renumbered from Section 17A-1-421 is
9274 renumbered and amended to read:
9275 [17A-1-421]. 17B-1-618. Purchasing procedures.
9276 All purchases or encumbrances by a local district shall be made or incurred according to
9277 the purchasing procedures established by each district by resolution and only on an order or
9278 approval of the person or persons duly authorized.
9279 Section 207. Section 17B-1-619 , which is renumbered from Section 17A-1-422 is
9280 renumbered and amended to read:
9281 [17A-1-422]. 17B-1-619. Expenditures or encumbrances in excess of
9282 appropriations prohibited -- Processing claims.
9283 [Districts] (1) A local district may not make or incur expenditures or encumbrances in
9284 excess of total appropriations in the budget as adopted or as subsequently amended. [Any
9285 such]
9286 (2) An obligation contracted by any officer in excess of total appropriations in the
9287 budget is not enforceable against the district.
9288 (3) No check or warrant to cover [any] a claim against [any] an appropriation may be
9289 drawn until the claim has been processed as provided by this part.
9290 Section 208. Section 17B-1-620 , which is renumbered from Section 17A-1-423 is
9291 renumbered and amended to read:
9292 [17A-1-423]. 17B-1-620. Transfer of appropriation balance between
9293 accounts in same fund.
9294 (1) The [governing body] board of trustees of each local district shall establish policies

9295 for the transfer of any unencumbered or unexpended appropriation balance or portion of the
9296 balance from one account in a fund to another account within the same fund[, but no], subject
9297 to Subsection (2).
9298 (2) An appropriation for debt retirement and interest, reduction of deficit, or other
9299 appropriation required by law or covenant may not be reduced below the minimums required.
9300 Section 209. Section 17B-1-621 , which is renumbered from Section 17A-1-424 is
9301 renumbered and amended to read:
9302 [17A-1-424]. 17B-1-621. Review of individual governmental fund budgets
9303 -- Hearing.
9304 (1) The [governing] board of trustees of a local district body may, at any time during
9305 the budget year, review the individual budgets of the governmental funds for the purpose of
9306 determining if the total of any of them should be increased.
9307 (2) If the [governing body] board of trustees decides that the budget total of one or
9308 more of these funds should be increased, it shall follow the procedures established in Sections
9309 [ 17A-1-412 ] 17B-1-609 and [ 17A-1-413 ] 17B-1-610 for holding a public hearing.
9310 Section 210. Section 17B-1-622 , which is renumbered from Section 17A-1-425 is
9311 renumbered and amended to read:
9312 [17A-1-425]. 17B-1-622. Amendment and increase of individual fund
9313 budgets.
9314 (1) After [the conclusion of] holding the hearing referred to in Section 17B-1-621 , the
9315 [governing body] board of trustees may, by resolution, amend the budgets of the funds
9316 proposed to be increased, so as to make all or part of the increases, both estimated revenues and
9317 appropriations, which were the proper subject of consideration at the hearing. [Final
9318 amendments in]
9319 (2) The board of trustees may not adopt an amendment to the current year [to the]
9320 budgets of any of the funds established in Section [17A-1-408 shall be adopted by the
9321 governing body on or before] 17B-1-605 after the last day of the fiscal year.
9322 Section 211. Section 17B-1-623 is enacted to read:
9323 17B-1-623. Emergency expenditures.
9324 The board of trustees of a local district may, by resolution, amend a budget and
9325 authorize an expenditure of money that results in a deficit in the district's general fund balance

9326 if:
9327 (1) the board determines that:
9328 (a) an emergency exists; and
9329 (b) the expenditure is reasonably necessary to meet the emergency; and
9330 (2) the expenditure is used to meet the emergency.
9331 Section 212. Section 17B-1-624 , which is renumbered from Section 17A-1-427 is
9332 renumbered and amended to read:
9333 [17A-1-427]. 17B-1-624. Lapse of appropriations -- Exceptions.
9334 All unexpended or unencumbered appropriations, except capital projects fund
9335 appropriations, lapse at the end of the budget year to the respective fund balance.
9336 Section 213. Section 17B-1-625 , which is renumbered from Section 17A-1-428 is
9337 renumbered and amended to read:
9338 [17A-1-428]. 17B-1-625. Transfer of balances in special funds.
9339 If the necessity for maintaining any special fund of a district ceases to exist and a
9340 balance remains in the fund, the [governing body] board of trustees shall authorize the transfer
9341 of the balance to the fund balance in the general fund of the district, subject to the following:
9342 (1) Any balance remaining in a special [improvement] assessment fund and not
9343 required in its [special improvements] guaranty fund shall be treated in the manner provided in
9344 Sections [17A-3-332 and 17A-3-334 for municipal improvement districts created under Title
9345 17A, Chapter 3, Part 3, and Sections 17A-3-231 and 17A-3-232 for county improvement
9346 districts created under Title 17A, Chapter 3, Part 2] 11-42-413 and 11-42-701 .
9347 (2) Any balance remaining in a capital projects fund shall be transferred to the
9348 appropriate debt service fund or other fund as the bond covenants may require and otherwise to
9349 the fund balance account in the general fund.
9350 (3) If any balance held in a trust fund for a specific purpose, other than a cemetery
9351 perpetual care trust fund, is to be transferred because its original purpose or restriction has
9352 ceased to exist, a public hearing shall be held in the manner provided in Sections [ 17A-1-412 ]
9353 17B-1-609 and [ 17A-1-413 ] 17B-1-610 . The published notice shall invite those persons who
9354 contributed to the fund to appear at the hearing. If the [governing body] board of trustees
9355 determines the fund balance amounts are refundable to the original contributors, a 30-day
9356 period following the hearing shall be allowed for persons having an interest in the fund to file

9357 with the [governing body] board of trustees a verified claim only for the amount of each
9358 claimant's contributions. Any claim not so filed shall be barred. Any balance remaining, after
9359 refunds to eligible contributors, shall be transferred to the fund balance account in the general
9360 fund of the district.
9361 (4) If the [governing body] board of trustees decides, in conformity with applicable
9362 laws, that the need for continuing maintenance of its cemetery perpetual care trust fund no
9363 longer exists, it may transfer the balance in the fund to the capital projects fund for expenditure
9364 for land, buildings, and major improvements to be used exclusively for cemetery purposes.
9365 Section 214. Section 17B-1-626 , which is renumbered from Section 17A-1-429 is
9366 renumbered and amended to read:
9367 [17A-1-429]. 17B-1-626. Loans by one fund to another.
9368 Subject to restrictions imposed by bond covenants, statute, or other controlling
9369 regulations, the [governing body] board of trustees of a local district may authorize interfund
9370 loans from one fund to another at interest rates, repayment terms, and conditions prescribed by
9371 the [governing body] board of trustees.
9372 Section 215. Section 17B-1-627 , which is renumbered from Section 17A-1-430 is
9373 renumbered and amended to read:
9374 [17A-1-430]. 17B-1-627. Property tax levy -- Time for setting --
9375 Computation of total levy -- Apportionment of proceeds -- Maximum levy.
9376 (1) The [governing body] board of trustees of each local district authorized to levy a
9377 property tax, at a regular meeting or special meeting called for that purpose, shall, by
9378 resolution, set the real and personal property tax rate for various district purposes by the date
9379 set under Section 59-2-912 , but the rate may be set at an appropriate later date in accordance
9380 with Sections 59-2-918 through 59-2-923 .
9381 (2) In its computation of the total levy, the [governing body] board of trustees shall
9382 determine the requirements of each fund for which property taxes are to be levied and shall
9383 specify in its resolution adopting the tax rate the amount apportioned to each fund.
9384 (3) The proceeds of the levy apportioned for general fund purposes shall be credited as
9385 revenue in the general fund.
9386 (4) The proceeds of the levy apportioned for special fund purposes shall be credited to
9387 the appropriate accounts in the applicable special funds.

9388 (5) The combined levies for each district for all purposes in any year, excluding the
9389 retirement of general obligation bonds and the payment of any interest on the bonds, and any
9390 taxes expressly authorized by law to be levied in addition, may not exceed the limit enumerated
9391 by the laws governing each district.
9392 Section 216. Section 17B-1-628 , which is renumbered from Section 17A-1-431 is
9393 renumbered and amended to read:
9394 [17A-1-431]. 17B-1-628. Certification of resolution setting levy.
9395 The district clerk, as appointed under Section [ 17A-1-434 ] 17B-1-631 , shall certify the
9396 resolution setting the levy to the county auditor, or auditors if the district is located in more
9397 than one county, in accordance with Section 59-2-912 , or in the case of a tax rate increase in
9398 excess of the certified rate, in accordance with Section 59-2-920 .
9399 Section 217. Section 17B-1-629 , which is renumbered from Section 17A-1-432 is
9400 renumbered and amended to read:
9401 [17A-1-432]. 17B-1-629. Operating and capital budgets.
9402 (1) (a) [An] As used in this section, "operating and capital budget[,]" [for the purposes
9403 of this section,] means a plan of financial operation for a proprietary or other required special
9404 fund, embodying estimates of operating resources and expenses and other outlays for a fiscal
9405 year.
9406 (b) Except as otherwise expressly provided, the reference to "budget" or "budgets" and
9407 the procedures and controls relating to them in other sections of this part do not apply or refer
9408 to the "operating and capital budgets" provided for in this section.
9409 (2) On or before the time the [governing body] board of trustees adopts budgets for the
9410 governmental funds under Section [ 17A-1-408 ] 17B-1-605 , it shall adopt for the ensuing year
9411 an operating and capital budget for each proprietary fund and shall adopt the type of budget for
9412 other special funds which is required by the Uniform Accounting Manual for [Special] Local
9413 Districts.
9414 (3) Operating and capital budgets shall be adopted and administered in the following
9415 manner:
9416 (a) (i) On or before the first regularly scheduled meeting of the [governing body] board
9417 of trustees, in November for calendar year entities and May for fiscal year entities, the budget
9418 officer shall prepare for the ensuing fiscal year, and file with the [governing body] board of

9419 trustees, a tentative operating and capital budget for each proprietary fund and for other
9420 required special funds, together with specific work programs and any other supporting data
9421 required by the [governing body] board.
9422 (ii) If, within any proprietary fund, allocations or transfers that are not reasonable
9423 allocations of costs between funds are included in a tentative budget, a written notice of the
9424 date, time, place, and purpose of the hearing shall be mailed to utility fund customers at least
9425 seven days before the hearing.
9426 (iii) The purpose portion of the notice required under Subsection (3)(a)(ii) shall
9427 identify:
9428 (A) the enterprise utility fund from which money is being transferred;
9429 (B) the amount being transferred; and
9430 (C) the fund to which the money is being transferred.
9431 (b) (i) The board of trustees shall review and consider the tentative budgets [shall be
9432 reviewed and considered by the governing body] at any regular meeting or special meeting
9433 called for that purpose.
9434 (ii) The [governing body] board of trustees may make any changes [considered
9435 advisable] in the tentative budgets that it considers advisable.
9436 (c) Budgets for proprietary or other required special funds shall comply with the public
9437 hearing requirements established in Sections [ 17A-1-412 ] 17B-1-609 and [ 17A-1-413 ]
9438 17B-1-610 .
9439 (d) (i) The [governing body] board of trustees shall adopt an operating and capital
9440 budget for each proprietary fund for the ensuing fiscal year before the beginning of each fiscal
9441 year, except as provided in Sections 59-2-919 through 59-2-923 .
9442 (ii) A copy of the budget as finally adopted for each proprietary fund shall be certified
9443 by the budget officer and filed by the officer in the district office and shall be available to the
9444 public during regular business hours.
9445 (iii) A copy of the budget shall also be filed with the state auditor within 30 days after
9446 adoption.
9447 (e) (i) Upon final adoption, the operating and capital budget is in effect for the budget
9448 year, subject to later amendment.
9449 (ii) During the budget year, the [governing body] board of trustees may, in any regular

9450 meeting or special meeting called for that purpose, review any one or more of the operating and
9451 capital budgets for the purpose of determining if the total of any of them should be increased.
9452 (iii) If the [governing body] board of trustees decides that the budget total of one or
9453 more of these proprietary funds should be increased, the [governing body] board shall follow
9454 the procedures established in Section [ 17A-1-433 ] 17B-1-630 .
9455 (f) Expenditures from operating and capital budgets shall conform to the requirements
9456 relating to budgets specified in Sections [ 17A-1-420 ] 17B-1-617 through [ 17A-1-423 ]
9457 17B-1-620 .
9458 Section 218. Section 17B-1-630 , which is renumbered from Section 17A-1-433 is
9459 renumbered and amended to read:
9460 [17A-1-433]. 17B-1-630. Increase in appropriations for operating and
9461 capital budget funds -- Notice.
9462 The total budget appropriation of any fund described in Section [ 17A-1-432 ] 17B-1-629
9463 may be increased by resolution of the [governing body] board of trustees at any regular
9464 meeting, or special meeting called for that purpose, if written notice of the time, place, and
9465 purpose of the meeting has been mailed or delivered to all members of the [governing body]
9466 board of trustees at least five days prior to the meeting. The notice may be waived in writing or
9467 orally during attendance at the meeting by any member of the [governing body] board of
9468 trustees.
9469 Section 219. Section 17B-1-631 , which is renumbered from Section 17A-1-434 is
9470 renumbered and amended to read:
9471 [17A-1-434]. 17B-1-631. District clerk -- Meetings and records.
9472 (1) The [governing body] board of trustees of [the] each local district shall appoint a
9473 district clerk. [Where]
9474 (2) If required, the clerk may be chosen from among the members of the [governing]
9475 board of trustees, except the [chairman of the board] chair.
9476 (3) The district clerk or other appointed person shall attend the meetings and keep a
9477 record of the proceedings of [the governing body] board of trustees.
9478 Section 220. Section 17B-1-632 , which is renumbered from Section 17A-1-436 is
9479 renumbered and amended to read:
9480 [17A-1-436]. 17B-1-632. District clerk -- Bookkeeping duties.

9481 The district clerk or other designated person not performing treasurer duties shall
9482 maintain the financial records for each fund of the local district and all related subsidiary
9483 records, including a list of the outstanding bonds, their purpose, amount, terms, date, and place
9484 payable.
9485 Section 221. Section 17B-1-633 , which is renumbered from Section 17A-1-437 is
9486 renumbered and amended to read:
9487 [17A-1-437]. 17B-1-633. District treasurer -- Duties generally.
9488 (1) (a) The [governing body] board of trustees of [the] each local district shall appoint
9489 a district treasurer.
9490 (b) (i) [Where] If required, the treasurer may be chosen from among the members of
9491 the [governing] board of trustees, except that the [chairman of the] board chair may not be
9492 district treasurer.
9493 (ii) The district clerk may not also be the district treasurer.
9494 (2) The district treasurer is custodian of all money, bonds, or other securities of the
9495 district.
9496 (3) The district treasurer shall:
9497 (a) determine the cash requirements of the district and provide for the deposit and
9498 investment of all monies by following the procedures and requirements of Title 51, Chapter 7,
9499 State Money Management Act;
9500 (b) receive all public funds and money payable to the district within three business days
9501 after collection, including all taxes, licenses, fines, and intergovernmental revenue;
9502 (c) keep an accurate detailed account of all monies received under Subsection (3)(b) in
9503 the manner provided in this part and as directed by the [governing body of the district] district's
9504 board of trustees by resolution; and
9505 (d) collect all special taxes and assessments as provided by law and ordinance.
9506 Section 222. Section 17B-1-634 , which is renumbered from Section 17A-1-438 is
9507 renumbered and amended to read:
9508 [17A-1-438]. 17B-1-634. Receipts for payment.
9509 The district treasurer shall give or cause to be given to every person paying money to
9510 the district treasury, a receipt or other evidence of payment, specifying, as appropriate, the date
9511 of payment and upon which account paid and shall file the duplicate of the receipt.

9512 Section 223. Section 17B-1-635 , which is renumbered from Section 17A-1-439 is
9513 renumbered and amended to read:
9514 [17A-1-439]. 17B-1-635. Duties with respect to issuance of checks.
9515 (1) The district clerk or other designated person not performing treasurer duties shall
9516 prepare the necessary checks after having determined that:
9517 (a) the claim was authorized by:
9518 (i) the [governing body] board of trustees; or
9519 (ii) the [special] local district financial officer, if the financial officer is not the clerk, in
9520 accordance with Section [ 17A-1-447 ] 17B-1-642 ;
9521 (b) the claim does not overexpend the appropriate departmental budget established by
9522 the [governing body] board of trustees; and
9523 (c) the expenditure was approved in advance by the [governing body] board of trustees
9524 or its designee.
9525 (2) (a) (i) The treasurer or any other person appointed by the [governing body] board of
9526 trustees shall sign all checks.
9527 (ii) The person maintaining the financial records may not sign any single signature
9528 check.
9529 (b) In [special districts] a local district with an expenditure budget of less than $50,000
9530 per year, a member of the [governing body] board of trustees shall also sign all checks.
9531 (c) Before affixing a signature, the treasurer or other designated person shall determine
9532 that a sufficient amount is on deposit in the appropriate bank account of the district to honor
9533 the check.
9534 Section 224. Section 17B-1-636 , which is renumbered from Section 17A-1-440 is
9535 renumbered and amended to read:
9536 [17A-1-440]. 17B-1-636. Special assessments -- Application of proceeds.
9537 All money received by the treasurer on any special assessment shall be applied to the
9538 payment of the improvement for which the assessment was made. The money shall be used for
9539 the payment of interest and principal on bonds or other indebtedness issued in settlement, and
9540 may not be used for any other purpose except as provided in Section [ 17A-1-428 ] 17B-1-625 .
9541 Section 225. Section 17B-1-637 , which is renumbered from Section 17A-1-441 is
9542 renumbered and amended to read:

9543 [17A-1-441]. 17B-1-637. Deposit of district funds -- Commingling with
9544 personal funds unlawful -- Suspension from office.
9545 The treasurer shall promptly deposit all district funds in the appropriate bank accounts
9546 of the district. It shall be unlawful for any person to commingle district funds with the person's
9547 own money. If it appears that the treasurer or any other officer is making a profit out of public
9548 money, or is using the same for any purpose not authorized by law, the treasurer or officer shall
9549 be suspended from office.
9550 Section 226. Section 17B-1-638 , which is renumbered from Section 17A-1-442 is
9551 renumbered and amended to read:
9552 [17A-1-442]. 17B-1-638. Quarterly financial reports required.
9553 The district clerk or other delegated person shall prepare and present to the [governing
9554 body] board of trustees detailed quarterly financial reports showing the financial position and
9555 operations of the district for that quarter and the year to date status.
9556 Section 227. Section 17B-1-639 , which is renumbered from Section 17A-1-443 is
9557 renumbered and amended to read:
9558 [17A-1-443]. 17B-1-639. Annual financial reports -- Independent audit
9559 reports.
9560 (1) (a) Within 180 days after the close of each fiscal year, the district shall prepare an
9561 annual financial report in conformity with generally accepted accounting principles as
9562 prescribed in the Uniform Accounting Manual for [Special] Local Districts.
9563 (b) Each annual financial report shall identify impact fee funds by the year in which
9564 they were received, the project from which the funds were collected, the capital projects for
9565 which the funds are budgeted, and the projected schedule for expenditure.
9566 (2) The requirement under Subsection (1)(a) to prepare an annual financial report may
9567 be satisfied by presentation of the audit report furnished by the independent auditor.
9568 (3) Copies of the annual financial report or the audit report furnished by the
9569 independent auditor shall be filed with the state auditor and shall be filed as a public document
9570 in the district office.
9571 Section 228. Section 17B-1-640 , which is renumbered from Section 17A-1-444 is
9572 renumbered and amended to read:
9573 [17A-1-444]. 17B-1-640. Independent audits required.

9574 (1) Independent audits of all local districts are required to be performed in conformity
9575 with Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal
9576 Organizations, and Other Local Entities Act.
9577 (2) The [governing body] board of trustees shall appoint an independent auditor for the
9578 purpose of complying with the requirements of this section and with Title 51, Chapter 2a,
9579 Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
9580 Entities Act.
9581 Section 229. Section 17B-1-641 , which is renumbered from Section 17A-1-445 is
9582 renumbered and amended to read:
9583 [17A-1-445]. 17B-1-641. Local district may expand uniform procedures --
9584 Limitation.
9585 [(1) The state auditor, with the assistance, advice, and recommendations of a special
9586 district advisory committee appointed by the state auditor from among special district
9587 governing boards and officers, shall:]
9588 [(a) prescribe uniform accounting and reporting procedures for districts in conformity
9589 with generally accepted accounting principles;]
9590 [(b) conduct a continuing review and modification of procedures in order to improve
9591 them;]
9592 [(c) prepare and supply each district with suitable budget and reporting forms; and]
9593 [(d) prepare instructional materials, conduct training programs, and render other
9594 services considered necessary to assist districts in implementing the uniform accounting,
9595 budgeting, and reporting procedures.]
9596 [(2) The Uniform Accounting Manual for Special Districts shall prescribe reasonable
9597 exceptions and modifications for smaller districts to the uniform system of accounting,
9598 budgeting, and reporting.]
9599 [(3) Districts] (1) Subject to Subsection (2), a local district may expand the uniform
9600 accounting, budgeting, and reporting procedure prescribed in the Uniform Accounting Manual
9601 for Local Districts prepared by the state auditor under Subsection 67-3-1 (13), to better serve
9602 [their] the needs[; but no deviations from or alterations to] of the district.
9603 (2) A local district may not deviate from or alter the basic prescribed classification
9604 systems for the identity of funds and accounts [may be made] set forth in the Uniform

9605 Accounting Manual for Local Districts.
9606 Section 230. Section 17B-1-642 , which is renumbered from Section 17A-1-447 is
9607 renumbered and amended to read:
9608 [17A-1-447]. 17B-1-642. Approval of district expenditures.
9609 (1) The [district governing] board of trustees of each local district shall approve all
9610 expenditures of the district except as otherwise provided in this section.
9611 (2) The [governing body] board of trustees may authorize the district manager or other
9612 official approved by the [governing body] board to act as the financial officer for the purpose
9613 of approving:
9614 (a) payroll checks, if the checks are prepared in accordance with a schedule approved
9615 by the [governing body] board; and
9616 (b) routine expenditures, such as utility bills, payroll-related expenses, supplies, and
9617 materials.
9618 (3) Notwithstanding Subsection (2), the [governing body] board of trustees shall, at
9619 least quarterly, review all expenditures authorized by the financial officer.
9620 (4) The [governing body] board of trustees shall set a maximum sum over which all
9621 purchases may not be made without the board's approval [of the governing body].
9622 Section 231. Section 17B-1-643 , which is renumbered from Section 17A-1-448 is
9623 renumbered and amended to read:
9624 [17A-1-448]. 17B-1-643. Imposing or increasing a fee for service provided
9625 by local district.
9626 (1) (a) Before imposing a new fee or increasing an existing fee for a service provided
9627 by a [special] local district, each [special] local district board of trustees shall first hold a public
9628 hearing at which any interested person may speak for or against the proposal to impose a fee or
9629 to increase an existing fee.
9630 (b) Each public hearing under Subsection (1)(a) shall be held in the evening beginning
9631 no earlier than [6:00] 6 p.m.
9632 (c) A public hearing required under this Subsection (1) may be combined with a public
9633 hearing on a tentative budget required under Section 17B-1-610 .
9634 [(c)] (d) Except to the extent that this section imposes more stringent notice
9635 requirements, the [special] local district board shall comply with Title 52, Chapter 4, Open and

9636 Public Meetings Act, in holding the public hearing under Subsection (1)(a).
9637 (2) (a) Each [special] local district board shall give notice of a hearing under
9638 Subsection (1) as provided in Subsection (2)(b)(i) or [(c)] (ii).
9639 (b) (i) (A) The notice required under Subsection (2)(a) shall be published in a
9640 newspaper or combination of newspapers of general circulation in the [special] local district, if
9641 there is a newspaper or combination of newspapers of general circulation in the [special] local
9642 district.
9643 [(ii)] (B) The notice shall be no less than 1/4 page in size and the type used shall be no
9644 smaller than 18 point, and surrounded by a 1/4-inch border.
9645 [(iii)] (C) The notice may not be placed in that portion of the newspaper where legal
9646 notices and classified advertisements appear.
9647 [(iv)] (D) It is legislative intent that, whenever possible, the advertisement appear in a
9648 newspaper that is published at least one day per week.
9649 [(v)] (E) It is further the intent of the Legislature that the newspaper or combination of
9650 newspapers selected be of general interest and readership in the [special] local district, and not
9651 of limited subject matter.
9652 [(vi)] (F) The notice shall be run once each week for the two weeks preceding the
9653 hearing.
9654 [(vii)] (G) The notice shall state that the [special] local district board intends to impose
9655 or increase a fee for a service provided by the [special] local district and will hold a public
9656 hearing on a certain day, time, and place fixed in the notice, which shall be not less than seven
9657 days after the day the first notice is published, for the purpose of hearing comments regarding
9658 the proposed imposition or increase of a fee and to explain the reasons for the proposed
9659 imposition or increase.
9660 [(c) (i)] (ii) (A) If there is no newspaper or combination of newspapers of general
9661 circulation in the [special] local district, the [special] local district board shall post at least one
9662 notice per 1,000 population within the [special] local district, at places within the [special]
9663 local district that are most likely to provide actual notice to residents within the [special] local
9664 district.
9665 [(ii)] (B) Each notice under Subsection (2)[(c)(i)](b)(ii)(A) shall comply with
9666 Subsection (2)(b)[(vii)](i)(G).

9667 (c) (i) In lieu of providing notice under Subsection (2)(b), the local district board of
9668 trustees may give the notice required under Subsection (2)(a) by mailing the notice to those
9669 within the district who:
9670 (A) will be charged the fee for a district service, if the fee is being imposed for the first
9671 time; or
9672 (B) are being charged a fee, if the fee is proposed to be increased.
9673 (ii) Each notice under Subsection (2)(c)(i) shall comply with Subsection (2)(b)(i)(G).
9674 (iii) A notice under Subsection (2)(c)(i) may accompany a district bill for an existing
9675 fee.
9676 (d) If the hearing required under this section is combined with the public hearing
9677 required under Section 17B-1-610 , the notice requirement under this Subsection (2) is satisfied
9678 if a notice that meets the requirements of Subsection (2)(b)(i)(G) is combined with the notice
9679 required under Section 17B-1-609 .
9680 [(d)] (e) Proof that notice was given as provided in Subsection (2)(b) or (c) is prima
9681 facie evidence that notice was properly given.
9682 [(e)] (f) If no challenge is made to the notice given of a hearing required by Subsection
9683 (1) within 30 days after the date of the hearing, the notice is considered adequate and proper.
9684 (3) After holding a public hearing under Subsection (1), a [special] local district board
9685 may:
9686 (a) impose the new fee or increase the existing fee as proposed;
9687 (b) adjust the amount of the proposed new fee or the increase of the existing fee and
9688 then impose the new fee or increase the existing fee as adjusted; or
9689 (c) decline to impose the new fee or increase the existing fee.
9690 (4) This section applies to each new fee imposed and each increase of an existing fee
9691 that occurs on or after July 1, 1998.
9692 Section 232. Section 17B-1-644 , which is renumbered from Section 17A-2-105 is
9693 renumbered and amended to read:
9694 [17A-2-105]. 17B-1-644. Definitions -- Electronic payments -- Fee.
9695 (1) As used in this section:
9696 (a) "Electronic payment" means the payment of money to [an independent special] a
9697 local district by electronic means, including by means of a credit card, charge card, debit card,

9698 prepaid or stored value card or similar device, or automatic clearinghouse transaction.
9699 (b) "Electronic payment fee" means an amount of money to defray the discount fee,
9700 processing fee, or other fee charged by a credit card company or processing agent to process an
9701 electronic payment.
9702 (c) "Processing agent" means a bank, transaction clearinghouse, or other third party
9703 that charges a fee to process an electronic payment.
9704 (2) [An independent special] A local district may accept an electronic payment for the
9705 payment of funds which the [independent special] local district could have received through
9706 another payment method.
9707 (3) [An independent special] A local district that accepts an electronic payment may
9708 charge an electronic payment fee.
9709 Section 233. Section 17B-1-701 , which is renumbered from Section 17A-1-501 is
9710 renumbered and amended to read:
9711 Part 7. Local District Budgets and Audit Reports
9712 [17A-1-501]. 17B-1-701. Definitions.
9713 As used in this part:
9714 (1) "Audit reports" means the reports of any independent audit of the district performed
9715 by:
9716 (a) an independent auditor as required by Title 51, Chapter 2a, Accounting Reports
9717 from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act;
9718 (b) the state auditor; or
9719 (c) the legislative auditor.
9720 (2) "Board" means the [governing body of any special] local district board of trustees.
9721 (3) "Budget" means a plan of financial operations for a fiscal year that includes:
9722 (a) estimates of proposed expenditures for given purposes and the proposed means of
9723 financing them;
9724 (b) the source and amount of estimated revenue for the district for the fiscal year;
9725 (c) fund balance in each fund at the beginning of the fiscal year and the projected fund
9726 balance for each fund at the end of the fiscal year; and
9727 (d) capital projects or budgets for proposed construction or improvement to capital
9728 facilities within the district.

9729 (4) "Constituent entity" means any county, city, or town that levies property taxes
9730 within the boundaries of the district.
9731 (5) (a) "Customer agencies" means those governmental entities, except school districts,
9732 institutions of higher education, and federal government agencies that purchase or obtain
9733 services from the [special] local district.
9734 (b) "Customer agencies" for purposes of state agencies means the state auditor.
9735 [(6) "Independent special district" means any special district established under
9736 authority of Title 17A, Chapter 2.]
9737 Section 234. Section 17B-1-702 , which is renumbered from Section 17A-1-502 is
9738 renumbered and amended to read:
9739 [17A-1-502]. 17B-1-702. Local districts to submit budgets.
9740 (1) (a) Except as provided in Subsection (1)(b), within 30 days after it is approved by
9741 the board, and at least 30 days before the board adopts a final budget, the board of each
9742 [independent special] local district with an annual budget of $50,000 or more shall send a copy
9743 of its tentative budget and notice of the time and place for its budget hearing to:
9744 (i) each of its constituent entities that has in writing requested a copy; and
9745 (ii) to each of its customer agencies that has in writing requested a copy.
9746 (b) Within 30 days after it is approved by the board, and at least 30 days before the
9747 board adopts a final budget, the board of trustees of a public transit district serving a population
9748 of more than 200,000 people shall send a copy of its tentative budget and notice of the time and
9749 place for its budget hearing to:
9750 (i) each of its constituent entities; [and]
9751 (ii) [to] each of its customer agencies that has in writing requested a copy[.];
9752 (iii) the governor; and
9753 (iv) the Legislature.
9754 (c) The [special] local district shall include with the tentative budget a signature sheet
9755 that includes:
9756 (i) language that the constituent entity or customer agency received the tentative budget
9757 and has no objection to it; and
9758 (ii) a place for the chairperson or other designee of the constituent entity or customer
9759 agency to sign.

9760 (2) Each constituent entity and each customer agency that receives the tentative budget
9761 shall review the tentative budget submitted by the district and either:
9762 (a) sign the signature sheet and return it to the district; or
9763 (b) attend the budget hearing or other meeting scheduled by the district to discuss the
9764 objections to the proposed budget.
9765 (3) (a) If any constituent entity or customer agency that received the tentative budget
9766 has not returned the signature sheet to the [special] local district within 15 calendar days after
9767 the tentative budget was mailed, the [special] local district shall send a written notice of the
9768 budget hearing to each constituent entity or customer agency that did not return a signature
9769 sheet and invite them to attend that hearing.
9770 (b) If requested to do so by any constituent entity or customer agency, the [special]
9771 local district shall schedule a meeting to discuss the budget with the constituent entities and
9772 customer agencies.
9773 (c) At the budget hearing, the [special] local district board shall:
9774 (i) explain its budget and answer any questions about it;
9775 (ii) specifically address any questions or objections raised by the constituent entity,
9776 customer agency, or those attending the meeting; and
9777 (iii) seek to resolve the objections.
9778 (4) Nothing in this part prevents [any special] a local district board from approving or
9779 implementing a budget over any or all constituent entity's or customer agency's protests,
9780 objections, or failure to respond.
9781 Section 235. Section 17B-1-703 , which is renumbered from Section 17A-1-503 is
9782 renumbered and amended to read:
9783 [17A-1-503]. 17B-1-703. Local districts to submit audit reports.
9784 (1) (a) Except as provided in Subsection (1)(b), within 30 days after it is presented to
9785 the board, the board of each [independent special] local district with an annual budget of
9786 $50,000 or more shall send a copy of any audit report to:
9787 (i) each of its constituent entities that has in writing requested a copy; and
9788 (ii) each of its customer agencies that has in writing requested a copy.
9789 (b) Within 30 days after it is presented to the board, the board of a public transit district
9790 serving a population of more than 200,000 people shall send a copy of its annual audit report

9791 to:
9792 (i) each of its constituent entities; and
9793 (ii) each of its customer agencies that has in writing requested a copy.
9794 (2) Each constituent entity and each customer agency that received the audit report
9795 shall review the audit report submitted by the district and, if necessary, request a meeting with
9796 the [independent special] district board to discuss the audit report.
9797 (3) At the meeting, the [special] local district board shall:
9798 (a) answer any questions about the audit report; and
9799 (b) discuss their plans to implement suggestions made by the auditor.
9800 Section 236. Section 17B-1-801 , which is renumbered from Section 17A-1-601 is
9801 renumbered and amended to read:
9802 Part 8. Local District Personnel Management
9803 [17A-1-601]. 17B-1-801. Establishment of local district merit system.
9804 [(1) This part is known as the "Special District Personnel Management Act."]
9805 [(2)] (1) A merit system of personnel administration for the [special] local districts of
9806 the state [of Utah], their departments, offices, and agencies, except as otherwise specifically
9807 provided, is established.
9808 [(3)] (2) This part does not apply to [special districts] a local district with annual
9809 revenues less than $50,000.
9810 Section 237. Section 17B-1-802 , which is renumbered from Section 17A-1-602 is
9811 renumbered and amended to read:
9812 [17A-1-602]. 17B-1-802. Review of personnel policies.
9813 Each [independent and each dependent special] local district [established under the
9814 authority of this title which] that has full or part-time employees shall annually review its
9815 personnel policies to ensure that they conform to the requirements of state and federal law.
9816 Section 238. Section 17B-1-803 , which is renumbered from Section 17A-1-603 is
9817 renumbered and amended to read:
9818 [17A-1-603]. 17B-1-803. Merit principles.
9819 [It is the policy of this state that each special] A local district may establish a personnel
9820 system administered in a manner that will provide for the effective implementation of [the
9821 following] merit principles that provide for:

9822 (1) [Recruiting] recruiting, selecting, and advancing employees on the basis of their
9823 relative ability, knowledge, and skills, including open consideration of qualified applicants for
9824 initial appointment[.];
9825 (2) [Provision of] providing equitable and adequate compensation[.];
9826 (3) [Training of] training employees as needed to assure high-quality performance[.];
9827 (4) [Retention of] retaining employees on the basis of the adequacy of their
9828 performance, and separation of employees whose inadequate performance cannot be
9829 corrected[.];
9830 (5) [Fair] fair treatment of applicants and employees in all aspects of personnel
9831 administration without regard to race, color, religion, sex, national origin, political affiliation,
9832 age, or disability, and with proper regard for their privacy and constitutional rights as
9833 citizens[.];
9834 (6) [Provision of] providing information to employees regarding their political rights
9835 and prohibited practices under the Hatch Political Activities Act, 5 U.S.C. Sec. 1501 through
9836 1508 et seq.; and
9837 (7) [Provision of] providing a formal procedure for processing the appeals and
9838 grievances of employees without discrimination, coercion, restraint, or reprisal.
9839 Section 239. Section 17B-1-804 , which is renumbered from Section 17A-1-604 is
9840 renumbered and amended to read:
9841 [17A-1-604]. 17B-1-804. Compliance with Labor Code requirements.
9842 Each [special] local district shall comply with the requirements of Section 34-32-1.1 .
9843 Section 240. Section 17B-1-901 is enacted to read:
9844 Part 9. Collection of Service Fees and Charges
9845 17B-1-901. A single bill for multiple commodities, services, or facilities --
9846 Suspending service to a delinquent customer.
9847 (1) If a local district provides more than one commodity, service, or facility, the district
9848 may bill for the fees and charges for all commodities, services, and facilities in a single bill.
9849 (2) A local district may suspend furnishing a commodity, service, or facility to a
9850 customer if the customer fails to pay all fees and charges when due.
9851 Section 241. Section 17B-1-902 , which is renumbered from Section 17B-2-803 is
9852 renumbered and amended to read:

9853 [17B-2-803]. 17B-1-902. Lien for past due service fees -- Limitations.
9854 (1) (a) A local district may certify, to the treasurer of the county in which the
9855 customer's property is located, past due [service] fees and [other amounts] charges for [which
9856 the customer is liable under this chapter to the treasurer or assessor of the county in which]
9857 commodities, services, or facilities that the district has provided to the customer's property [is
9858 located].
9859 (b) Subject to Subsection (2), the past due [service] fees and [other amounts for which
9860 the customer is liable under this chapter] charges, including applicable interest and penalties,
9861 upon their certification under Subsection (1)(a), become a lien on the customer's property to
9862 which the [water was furnished or sewer service] commodities, services, or facilities were
9863 provided, on a parity with and collectible at the same time and in the same manner as general
9864 county taxes that are a lien on the property.
9865 (2) A lien under Subsection (1) is not valid if certification under Subsection (1) is
9866 made after the filing for record of a document conveying title of the customer's property to a
9867 new owner.
9868 (3) Nothing in this section may be construed to:
9869 (a) waive or release the customer's obligation to pay [service] fees or charges that the
9870 district has imposed;
9871 (b) preclude the certification of a lien under Subsection (1) with respect to past due
9872 [service] fees or charges for [water furnished or sewer service] commodities, services, or
9873 facilities provided after the date that title to the property is transferred to a new owner; or
9874 (c) nullify or terminate a valid lien.
9875 (4) After all amounts owing under a lien established as provided in this section have
9876 been paid, the local district shall file for record in the county recorder's office a release of the
9877 lien.
9878 Section 242. Section 17B-1-903 , which is renumbered from Section 17B-2-802 is
9879 renumbered and amended to read:
9880 [17B-2-802]. 17B-1-903. Authority to require written application for
9881 water or sewer service and to terminate for failure to pay -- Limitations.
9882 (1) A local district that owns or controls a system for furnishing water or providing
9883 sewer service or both may:

9884 (a) before furnishing water or providing sewer service to a property, require the
9885 property owner or an authorized agent to submit a written application, signed by the owner or
9886 an authorized agent, agreeing to pay for all water furnished or sewer service provided to the
9887 property, whether occupied by the owner or by a tenant or other occupant, according to the
9888 rules and regulations adopted by the local district; and
9889 (b) if a customer fails to pay for water furnished or sewer service provided to the
9890 customer's property, discontinue furnishing water or providing sewer service to the property[,
9891 respectively,] until all amounts for water furnished or sewer service provided[, respectively,]
9892 are paid, subject to Subsection (2).
9893 (2) Unless a valid lien has been established as provided in Section [ 17B-2-803 ]
9894 17B-1-902 , has not been satisfied, and has not been terminated by a sale as provided in
9895 Subsection [ 17B-2-803 ] 17B-1-902 (2), a local district may not:
9896 (a) use a customer's failure to pay for water furnished or sewer service provided to the
9897 customer's property as a basis for not furnishing water or providing sewer service to the
9898 property after ownership of the property is transferred to a subsequent owner; or
9899 (b) require an owner to pay for water that was furnished or sewer service that was
9900 provided to the property before the owner's ownership.
9901 Section 243. Section 17B-1-904 , which is renumbered from Section 17B-2-801 is
9902 renumbered and amended to read:
9903 [17B-2-801]. 17B-1-904. Collection of service fees.
9904 (1) As used in this [part] section:
9905 [(1)] (a) "Collection costs" means an amount, not to exceed $20, to reimburse a local
9906 district for expenses associated with its efforts to collect past due service fees from a customer.
9907 [(2)] (b) "Customer" means the owner of real property to which a local district has
9908 [furnished water or provided sewer service] provided a service for which the local district
9909 charges a service fee.
9910 [(3)] (c) "Damages" means an amount equal to the greater of:
9911 [(a)] (i) $100; and
9912 [(b)] (ii) triple the past due service fees.
9913 [(4)] (d) "Default date" means the date on which payment for service fees becomes past
9914 due.

9915 [(5)] (e) "Past due service fees" means service fees that on or after the default date have
9916 not been paid.
9917 [(6)] (f) "Prelitigation damages" means an amount that is equal to the greater of:
9918 [(a)] (i) $50; and
9919 [(b)] (ii) triple the past due service fees.
9920 [(7)] (g) "Service [fees] fee" means [the] an amount charged by a local district to a
9921 customer for [water furnished or sewer service provided to the customer's property] a service,
9922 including furnishing water, providing sewer service, and providing garbage collection service,
9923 that the district provides to the customer's property.
9924 (2) A customer is liable to a local district for past due service fees and collection costs
9925 if:
9926 (a) the customer has not paid service fees before the default date;
9927 (b) the local district mails the customer notice as provided in Subsection (4); and
9928 (c) the past due service fees remain unpaid 15 days after the local district has mailed
9929 notice.
9930 (3) If a customer has not paid the local district the past due service fees and collection
9931 costs within 30 days after the local district mails notice, the local district may make an offer to
9932 the customer that the local district will forego filing a civil action under Subsection (5) if the
9933 customer pays the local district an amount that:
9934 (a) consists of the past due service fees, collection costs, prelitigation damages, and, if
9935 the local district retains an attorney to recover the past due service fees, a reasonable attorney
9936 fee not to exceed $50; and
9937 (b) if the customer's property is residential, may not exceed $100.
9938 (4) (a) Each notice under Subsection (2)(b) shall:
9939 (i) be in writing;
9940 (ii) be mailed to the customer by the United States mail, postage prepaid;
9941 (iii) notify the customer that:
9942 (A) if the past due service fees are not paid within 15 days after the day on which the
9943 local district mailed notice, the customer is liable for the past due service fees and collection
9944 costs; and
9945 (B) the local district may file civil action if the customer does not pay to the local

9946 district the past due service fees and collection costs within 30 calendar days from the day on
9947 which the local district mailed notice; and
9948 (iv) be in substantially the following form:
9949 Date:_____________________________________
9950 To: ______________________________________
9951 Service address: ____________________________
9952 Account or invoice number(s): _________________
9953 Date(s) of service: ___________________________
9954 Amount past due: ____________________________
9955 You are hereby notified that water or sewer service fees (or both) owed by you are in
9956 default. In accordance with Section 17B-1-902 , Utah Code Annotated, if you do not pay the
9957 past due amount within 15 days from the day on which this notice was mailed to you, you are
9958 liable for the past due amount together with collection costs of $20.
9959 You are further notified that if you do not pay the past due amount and the $20
9960 collection costs within 30 calendar days from the day on which this notice was mailed to you,
9961 an appropriate civil legal action may be filed against you for the past due amount, interest,
9962 court costs, attorney fees, and damages in an amount equal to the greater of $100 or triple the
9963 past due amounts, but the combined total of all these amounts may not exceed $200 if your
9964 property is residential.
9965 (Signed) _______________________________________
9966 Name of local district _____________________________
9967 Address of local district ___________________________
9968 Telephone number of local district ___________________
9969 (b) Written notice under this section is conclusively presumed to have been given if the
9970 notice is:
9971 (i) properly deposited in the United States mail, postage prepaid, by certified or
9972 registered mail, return receipt requested; and
9973 (ii) addressed to the customer at the customer's:
9974 (A) address as it appears in the records of the local district; or
9975 (B) last-known address.
9976 (5) (a) A local district may file a civil action against the customer if the customer fails

9977 to pay the past due service fees and collection costs within 30 calendar days from the date on
9978 which the local district mailed notice under Subsection (2)(b).
9979 (b) (i) In a civil action under this Subsection (5), a customer is liable to the local
9980 district for an amount that:
9981 (A) consists of past due service fees, collection costs, interest, court costs, a reasonable
9982 attorney fee, and damages; and
9983 (B) if the customer's property is residential, may not exceed $200.
9984 (ii) Notwithstanding Subsection (5)(b)(i), a court may, upon a finding of good cause,
9985 waive interest, court costs, the attorney fee, and damages, or any combination of them.
9986 (c) If a local district files a civil action under this Subsection (5) before 31 calendar
9987 days after the day on which the local district mailed notice under Subsection (2)(b), a customer
9988 may not be held liable for an amount in excess of past due service fees.
9989 (d) A local district may not file a civil action under this Subsection (5) unless the
9990 customer has failed to pay the past due service fees and collection costs within 30 days from
9991 the day on which the local district mailed notice under Subsection (2)(b).
9992 (6) (a) All amounts charged or collected as prelitigation damages or as damages shall
9993 be paid to and be the property of the local district that furnished water or provided sewer
9994 service and may not be retained by a person who is not that local district.
9995 (b) A local district may not contract for a person to retain any amounts charged or
9996 collected as prelitigation damages or as damages.
9997 (7) This section may not be construed to limit a local district from obtaining relief to
9998 which it may be entitled under other applicable statute or cause of action.
9999 Section 244. Section 17B-1-1001 is enacted to read:
10000 Part 10. Local District Property Tax Levy
10001 17B-1-1001. Provisions applicable to property tax levy.
10002 Each local district that levies and collects property taxes shall levy and collect them
10003 according to the provisions of Title 59, Chapter 2, Property Tax Act.
10004 Section 245. Section 17B-1-1002 is enacted to read:
10005 17B-1-1002. Limit on local district property tax levy -- Exclusions.
10006 (1) The rate at which a local district levies a property tax for district operation and
10007 maintenance expenses on the taxable value of taxable property within the district may not

10008 exceed:
10009 (a) .0008, for a basic local district;
10010 (b) .0004, for a cemetery maintenance district;
10011 (c) .0004, for a drainage district;
10012 (d) .0008, for a fire protection district;
10013 (e) .0008, for an improvement district;
10014 (f) .0005, for a metropolitan water district;
10015 (g) .0004, for a mosquito abatement district;
10016 (h) .0004, for a public transit district;
10017 (i) (i) .0023, for a service area that:
10018 (A) is located in a county of the first class; and
10019 (B) provides fire protection, paramedic, and emergency services; or
10020 (ii) .0014, for each other service area;
10021 (j) the rates provided in Section 17B-2a-1006 , for a water conservancy district.
10022 (2) Property taxes levied by a local district are excluded from the limit applicable to
10023 that district under Subsection (1) if the taxes are:
10024 (a) levied under Section 17B-1-1103 by a local district, other than a water conservancy
10025 district, to pay principal of and interest on general obligation bonds issued by the district;
10026 (b) levied to pay debt and interest owed to the United States; or
10027 (c) levied to pay assessments or other amounts due to a water users association or other
10028 public cooperative or private entity from which the district procures water.
10029 Section 246. Section 17B-1-1101 is enacted to read:
10030 Part 11. Local District Bonds
10031 17B-1-1101. Provisions applicable to a local district's issuance of bonds.
10032 Subject to the provisions of this part:
10033 (1) each local district that issues bonds shall:
10034 (a) issue them as provided in Title 11, Chapter 14, Local Government Bonding Act;
10035 and
10036 (b) receive the benefits of Title 11, Chapter 30, Utah Bond Validation Act; and
10037 (2) each local district that issues refunding bonds shall issue them as provided in Title
10038 11, Chapter 27, Utah Refunding Bond Act.

10039 Section 247. Section 17B-1-1102 is enacted to read:
10040 17B-1-1102. General obligation bonds.
10041 (1) Except as provided in Subsection (3), if a district intends to issue general obligation
10042 bonds, the district shall first obtain the approval of district voters for issuance of the bonds at
10043 an election held for that purpose as provided in Title 11, Chapter 14, Local Government
10044 Bonding Act.
10045 (2) General obligation bonds shall be secured by a pledge of the full faith and credit of
10046 the district, subject, for a water conservancy district, to the property tax levy limits of Section
10047 17B-2a-1006.
10048 (3) A district may issue refunding general obligation bonds, as provided in Title 11,
10049 Chapter 27, Utah Refunding Bond Act, without obtaining voter approval.
10050 (4) (a) A local district may not issue general obligation bonds if the issuance of the
10051 bonds will cause the outstanding principal amount of all of the district's general obligation
10052 bonds to exceed the amount that results from multiplying the fair market value of the taxable
10053 property within the district, as determined under Subsection 11-14-301 (3)(b), by a number that
10054 is:
10055 (i) .05, for a basic local district;
10056 (ii) .004, for a cemetery maintenance district;
10057 (iii) .002, for a drainage district;
10058 (iv) .004, for a fire protection district;
10059 (v) .024, for an improvement district;
10060 (vi) .1, for an irrigation district;
10061 (vii) .1, for a metropolitan water district;
10062 (viii) .0004, for a mosquito abatement district;
10063 (ix) .03, for a public transit district; or
10064 (x) .12, for a service area.
10065 (b) Bonds or other obligations of a local district that are not general obligation bonds
10066 are not included in the limit stated in Subsection (4)(a).
10067 (5) A district may not be considered to be a municipal corporation for purposes of the
10068 debt limitation of the Utah Constitution Article XIV, Section 4.
10069 (6) Bonds issued by an administrative or legal entity created under Title 11, Chapter

10070 13, Interlocal Cooperation Act, may not be considered to be bonds of a local district that
10071 participates in the agreement creating the administrative or legal entity.
10072 Section 248. Section 17B-1-1103 is enacted to read:
10073 17B-1-1103. Levy to pay for general obligation bonds.
10074 (1) (a) If a district has issued general obligation bonds, or expects to have debt service
10075 payments due on general obligation bonds during the current year, the district's board of
10076 trustees may make an annual levy of ad valorem property taxes in order to:
10077 (i) pay the principal of and interest on the general obligation bonds;
10078 (ii) establish a sinking fund for defaults and future debt service on the general
10079 obligation bonds; and
10080 (iii) establish a reserve to secure payment of the general obligation bonds.
10081 (b) A levy under Subsection (1)(a) is:
10082 (i) for a water conservancy district, subject to the limit stated in Section 17B-2a-1006 ;
10083 and
10084 (ii) for each other local district, without limitation as to rate or amount.
10085 (2) (a) Each district that levies a tax under Subsection (1) shall:
10086 (i) levy the tax as a separate and special levy for the specific purposes stated in
10087 Subsection (1); and
10088 (ii) apply the proceeds from the levy solely for the purpose of paying the principal of
10089 and interest on the general obligation bonds, even though the proceeds may be used to establish
10090 or replenish a sinking fund under Subsection (1)(b) or a reserve under Subsection (1)(c).
10091 (b) A levy under Subsection (2)(a) is not subject to a priority in favor of a district
10092 obligation in existence at the time the bonds were issued.
10093 Section 249. Section 17B-1-1104 is enacted to read:
10094 17B-1-1104. Pledge of revenues to pay for bonds.
10095 Bonds may be payable from and secured by the pledge of all or any specified part of:
10096 (1) the revenues to be derived by the district from providing its services and from the
10097 operation of its facilities and other properties;
10098 (2) sales and use taxes, property taxes, and other taxes;
10099 (3) federal, state, or local grants; and
10100 (4) other money legally available to the district.

10101 Section 250. Section 17B-1-1105 is enacted to read:
10102 17B-1-1105. Revenue bonds -- Requirement to impose rates and charges to cover
10103 revenue bonds -- Authority to make agreements and covenants to provide for bond
10104 repayment.
10105 (1) A local district intending to issue revenue bonds may, but is not required to, submit
10106 to district voters for their approval the issuance of the revenue bonds at an election held for that
10107 purpose as provided in Title 11, Chapter 14, Local Government Bonding Act.
10108 (2) Each local district that has issued revenue bonds shall impose rates and charges for
10109 the services or commodities it provides fully sufficient, along with other sources of district
10110 revenues, to carry out all undertakings of the district with respect to its revenue bonds.
10111 (3) A local district that issues revenue bonds may:
10112 (a) agree to pay operation and maintenance expenses of the district from the
10113 proceeds of the ad valorem taxes authorized in Subsection 17B-1-103 (2)(g); and
10114 (b) for the benefit of bondholders, enter into covenants that:
10115 (i) are permitted by Title 11, Chapter 14, Local Government Bonding Act; and
10116 (ii) provide for other pertinent matters that the board of trustees considers proper to
10117 assure the marketability of the bonds.
10118 Section 251. Section 17B-1-1106 is enacted to read:
10119 17B-1-1106. Board of trustees required to fix rates to cover district expenses and
10120 bonds.
10121 The board of trustees shall fix the rate or rates for services or commodities provided by
10122 the district that will, in conjunction with the proceeds of any maintenance and operation tax
10123 and other district revenues:
10124 (1) pay the district's operating expenses;
10125 (2) provide for repairs and depreciation of works owned or operated by the district;
10126 (3) pay the interest on any bonds issued by the district; and
10127 (4) provide, as much as practicable, a sinking or other fund to pay the principal of the
10128 bonds as they become due.
10129 Section 252. Section 17B-1-1107 is enacted to read:
10130 17B-1-1107. Ratification of previously issued bonds and previously entered
10131 contracts.

10132 All bonds issued or contracts entered into by a local district before April 30, 2007 are
10133 ratified, validated, and confirmed and declared to be valid and legally binding obligations of
10134 the district in accordance with their terms.
10135 Section 253. Section 17B-1-1201 is enacted to read:
10136 Part 12. Local District Validation Proceedings
10137 17B-1-1201. Definitions.
10138 As used in this part:
10139 (1) "Eligible function" means:
10140 (a) a power conferred on a local district under this title;
10141 (b) a tax or assessment levied by a local district;
10142 (c) an act or proceeding that a local district:
10143 (i) has taken; or
10144 (ii) contemplates taking; or
10145 (d) a district contract, whether already executed or to be executed in the future,
10146 including a contract for the acquisition, construction, maintenance, or operation of works for
10147 the district.
10148 (2) "Validation order" means a court order adjudicating the validity of an eligible
10149 function.
10150 (3) "Validation petition" means a petition requesting a validation order.
10151 (4) "Validation proceedings" means judicial proceedings occurring in district court
10152 pursuant to a validation petition.
10153 Section 254. Section 17B-1-1202 is enacted to read:
10154 17B-1-1202. Authority to file a validation petition -- Petition requirements --
10155 Amending or supplementing a validation petition.
10156 (1) The board of trustees of a local district may at any time file a validation petition.
10157 (2) Each validation petition shall:
10158 (a) describe the eligible function for which a validation order is sought;
10159 (b) set forth:
10160 (i) the facts upon which the validity of the eligible function is founded; and
10161 (ii) any other information or allegations necessary to a determination of the validation
10162 petition;

10163 (c) be verified by the chair of the board of trustees; and
10164 (d) be filed in the district court of the county in which the district's principal office is
10165 located.
10166 (3) A local district may amend or supplement a validation petition:
10167 (a) at any time before the hearing under Section 17B-1-1203 ; or
10168 (b) after the hearing under Section 17B-1-1203 , with permission of the court.
10169 Section 255. Section 17B-1-1203 is enacted to read:
10170 17B-1-1203. Hearing on a validation petition.
10171 (1) Upon the filing of a validation petition, the district court shall enter an order setting
10172 a date, time, and place for a hearing on the validation petition.
10173 (2) A hearing under Subsection (1) may not be held less than 21 days S. [ or more than 30
10174 days ] .S after the filing of the validation petition.
10175 Section 256. Section 17B-1-1204 is enacted to read:
10176 17B-1-1204. Notice of the hearing on a validation petition -- Amended or
10177 supplemented validation petition.
10178 (1) Upon the entry of an order under Section 17B-1-1203 setting a hearing on a
10179 validation petition, the local district that filed the petition shall:
10180 (a) publish notice at least once a week for three consecutive weeks in a newspaper of
10181 general circulation in the county in which the principal office of the district is located; and
10182 (b) post notice in its principal office at least 21 days before the date set for the hearing.
10183 (2) Each notice under Subsection (1) shall:
10184 (a) state the date, time, and place of the hearing on the validation petition;
10185 (b) include a general description of the contents of the validation petition; and
10186 (c) if applicable, state the location where a complete copy of a contract that is the
10187 subject of the validation petition may be examined.
10188 (3) If a district amends or supplements a validation petition under Subsection
10189 17B-1-1202 (3) after publishing and posting notice as required under Subsection (1), the district
10190 is not required to publish or post notice again unless required by the court.
10191 Section 257. Section 17B-1-1205 is enacted to read:
10192 17B-1-1205. Property owner or interested person may appear in validation
10193 proceedings -- Failure to appear.

10194 (1) An owner of property within the district or a person interested in a contract or
10195 proposed contract that is the subject of a validation petition may appear and answer or
10196 otherwise plead in response to the validation petition:
10197 (a) at any time before the hearing under Section 17B-1-1203 ; or
10198 (b) within any additional period of time that the district court allows.
10199 (2) If a person fails to appear and answer or otherwise plead in the time allowed under
10200 Subsection (1):
10201 (a) the allegations of the validation petition shall be considered admitted by that
10202 person; and
10203 (b) that person may not participate in the validation proceedings.
10204 Section 258. Section 17B-1-1206 is enacted to read:
10205 17B-1-1206. Jurisdiction -- Validation proceedings.
10206 S. [ (1) The filing of a validation petition and the giving of notice as required in Section
10207 17B-1-1204 give the district court jurisdiction of the validation petition and validation
10208 proceedings.
10209 (2) ] (1) .S At each validation petition hearing, the court shall S. [ examine into and ] .S
10209a determine all
10210 matters and issues affecting the questions raised by the validation petition.
10211 S. [ (3) ] (2) .S The district court shall:
10212 (a) advance each matter pertaining to validation proceedings as a matter of immediate
10213 public interest and concern; and
10214 (b) hear each matter pertaining to validation proceedings at the earliest practicable
10215 moment.
10216 S. [ (4) ] (3) .S The district court shall disregard each error, irregularity, or omission that
10216a does not
10217 affect the substantial rights of the parties.
10218 S. [ (5) ] (4) .S Except as otherwise specified in this part, the Utah Rules of Civil
10218a Procedure shall
10219 govern validation proceedings in matters of pleading and practice before the district court.
10220 Section 259. Section 17B-1-1207 is enacted to read:
10221 17B-1-1207. Findings, conclusions, and judgment -- Costs -- Effect of judgment --
10222 Appeal.
10223 (1) After the hearing under Section 17B-1-1203 on a validation petition, the district
10224 court shall:

10225 (a) make and enter written findings of fact and conclusions of law; and
10226 (b) render a judgment as warranted.
10227 (2) A district court may apportion costs among the parties as the court determines
10228 appropriate.
10229 (3) S. [ Notwithstanding Rule 55(c) and Rule 60(b) of the Utah Rules of Civil Procedure or
10230 any other provision of law, each ] A .S district court judgment adjudicating matters raised by a
10231 validation petition S. [ shall ] .S :
10232 (a) S. [ be ] is .S binding and conclusive as to the local district and all other parties to the
10233 validation proceedings; and
10234 (b) S. [ constitute ] constitutes .S a permanent injunction against any action or proceeding
10234a to contest any
10235 matter adjudicated in the validation proceedings.
10236 S. [ (4) After a final judgment has been entered in validation proceedings:
10237 (a) no court has jurisdiction to adjudicate the matters adjudicated in the validation
10238 proceedings; and
10239 (b) the right of any person to litigate a matter adjudicated in the validation proceedings
10240 terminates.
10241 (5) ] (4) .S (a) S. [ An ] Each .S appeal of a final judgment in validation proceedings
10241a S.[ may ] shall .S be S. [ taken only to ] filed with .S
10242 the Supreme Court S. [ and ] .
10242a (b) An appeal of a final judgment in validation proceedings may be filed .S only by a
10242b party to the validation proceedings.
10243 S. [ (b) Each appeal of a final judgment in validation proceedings shall be filed within ten
10244 days after the date of the entry of the final judgment. ] .S
10245 (c) The S. [ Supreme Court ] appellate court hearing an appeal under this section .S
10245a shall expedite S. [ and give priority to ] .S the hearing S. [ and decision ] .S of
10246 S. [ an ] the .S appeal S. [ under this section ] .S .
10247 Section 260. Section 17B-1-1301 , which is renumbered from Section 17B-2-701 is
10248 renumbered and amended to read:
10249 Part 13. Dissolution of a Local District
10250 [17B-2-701]. 17B-1-1301. Definitions.
10251 For purposes of this part:
10252 (1) "Active" means, with respect to a local district, that the district is not inactive.
10253 (2) "Administrative body" means:
10254 (a) if the local district proposed to be dissolved has a duly constituted board of trustees
10255 in sufficient numbers to form a quorum, the board of trustees; or

10256 (b) except as provided in Subsection (2)(a):
10257 (i) for a local district located entirely within a single municipality, the legislative body
10258 of that municipality;
10259 (ii) for a local district located in multiple municipalities within the same county or at
10260 least partly within the unincorporated area of a county, the legislative body of that county; or
10261 (iii) for a local district located within multiple counties, the legislative body of the
10262 county whose boundaries include more of the local district than is included within the
10263 boundaries of any other county.
10264 (3) "Clerk" means:
10265 (a) the board of trustees if the board is also the administrative body under Subsection
10266 (2)(a);
10267 (b) the clerk or recorder of the municipality whose legislative body is the
10268 administrative body under Subsection (2)(b)(i); or
10269 (c) the clerk of the county whose legislative body is the administrative body under
10270 Subsection (2)(b)(ii) or (iii).
10271 (4) "Inactive" means, with respect to a local district, that during the preceding three
10272 years the district has not:
10273 (a) provided any service or otherwise operated;
10274 (b) received property taxes or user or other fees; and
10275 (c) expended any funds.
10276 Section 261. Section 17B-1-1302 , which is renumbered from Section 17B-2-702 is
10277 renumbered and amended to read:
10278 [17B-2-702]. 17B-1-1302. Dissolution of special district.
10279 A local district may be dissolved as provided in this part.
10280 Section 262. Section 17B-1-1303 , which is renumbered from Section 17B-2-703 is
10281 renumbered and amended to read:
10282 [17B-2-703]. 17B-1-1303. Initiation of dissolution process.
10283 The process to dissolve a local district may be initiated by:
10284 (1) for an inactive local district:
10285 (a) (i) for a local district whose board of trustees is elected by electors based on the
10286 acre-feet of water allotted to the land owned by the elector, a petition signed by the owners of

10287 25% of the acre-feet of water allotted to the land within the local district; or
10288 (ii) for all other districts:
10289 (A) a petition signed by the owners of private real property that:
10290 (I) is located within the local district proposed to be dissolved;
10291 (II) covers at least 25% of the private land area within the local district; and
10292 (III) is equal in assessed value to at least 25% of the assessed value of all private real
10293 property within the local district; or
10294 (B) a petition signed by registered voters residing within the local district proposed to
10295 be dissolved equal in number to at least 25% of the number of votes cast in the district for the
10296 office of governor at the last regular general election before the filing of the petition; or
10297 (b) a resolution adopted by the administrative body; and
10298 (2) for an active local district, a petition signed by:
10299 (a) for a local district whose board of trustees is elected by electors based on the
10300 acre-feet of water allotted to the land owned by the elector, a petition signed by the owners of
10301 100% of the acre-feet of water allotted to the land within the local district; or
10302 (b) for all other districts, the owners of 100% of the private real property located within
10303 or 100% of registered voters residing within the local district proposed to be dissolved.
10304 Section 263. Section 17B-1-1304 , which is renumbered from Section 17B-2-704 is
10305 renumbered and amended to read:
10306 [17B-2-704]. 17B-1-1304. Petition requirements.
10307 (1) Each petition under Subsection [ 17B-2-703 ] 17B-1-1303 (1)(a) or (2) shall:
10308 (a) indicate the typed or printed name and current residence address of each owner of
10309 acre-feet of water, property owner, or registered voter signing the petition;
10310 (b) if it is a petition signed by the owners of acre-feet of water or property owners,
10311 indicate the address of the property as to which the owner is signing;
10312 (c) designate up to three signers of the petition as sponsors, one of whom shall be
10313 designated the contact sponsor, with the mailing address and telephone number of each; and
10314 (d) be filed with the clerk.
10315 (2) A signer of a petition to dissolve a local district may withdraw, or, once withdrawn,
10316 reinstate the signer's signature at any time until 30 days after the public hearing under Section
10317 [ 17B-2-706 ] 17B-1-1306 .

10318 Section 264. Section 17B-1-1305 , which is renumbered from Section 17B-2-705 is
10319 renumbered and amended to read:
10320 [17B-2-705]. 17B-1-1305. Petition certification.
10321 (1) Within 30 days after the filing of a petition under Subsection [ 17B-2-703 ]
10322 17B-1-1303 (1)(a) or (2), the clerk shall:
10323 (a) with the assistance of officers of the county in which the local district is located
10324 from whom the clerk requests assistance, determine whether the petition meets the
10325 requirements of Section [ 17B-2-703 ] 17B-1-1303 and Subsection [ 17B-2-704 ] 17B-1-1304 (1);
10326 and
10327 (b) (i) if the clerk determines that the petition complies with the requirements, certify
10328 the petition and mail or deliver written notification of the certification to the contact sponsor;
10329 or
10330 (ii) if the clerk determines that the petition fails to comply with any of the
10331 requirements, reject the petition and mail or deliver written notification of the rejection and the
10332 reasons for the rejection to the contact sponsor.
10333 (2) (a) If the clerk rejects a petition under Subsection (1)(b)(ii), the petition may be
10334 amended to correct the deficiencies for which it was rejected and then refiled.
10335 (b) A valid signature on a petition that was rejected under Subsection (1)(b)(ii) may be
10336 used toward fulfilling the applicable signature requirement of the petition as amended under
10337 Subsection (2)(a).
10338 (3) The clerk shall process an amended petition filed under Subsection (2)(a) in the
10339 same manner as an original petition under Subsection (1).
10340 Section 265. Section 17B-1-1306 , which is renumbered from Section 17B-2-706 is
10341 renumbered and amended to read:
10342 [17B-2-706]. 17B-1-1306. Public hearing.
10343 (1) For each petition certified under Section [ 17B-2-705 ] 17B-1-1305 and each
10344 resolution adopted under Subsection [ 17B-2-703 ] 17B-1-1303 (1)(b), the administrative body
10345 shall hold a public hearing on the proposed dissolution.
10346 (2) Each public hearing under Subsection (1) shall be held:
10347 (a) no later than 45 days after certification of the petition under Section [ 17B-2-705 ]
10348 17B-1-1305 or adoption of a resolution under Subsection [ 17B-2-703 ] 17B-1-1303 (1)(b), as

10349 the case may be;
10350 (b) within the local district proposed to be dissolved;
10351 (c) on a weekday evening other than a holiday beginning no earlier than [6:00] 6 p.m.;
10352 and
10353 (d) for the purpose of allowing:
10354 (i) the public to ask questions and obtain further information about the proposed
10355 dissolution and issues raised by it; and
10356 (ii) any interested person to address the administrative body concerning the proposed
10357 dissolution.
10358 (3) A quorum of the administrative body shall be present throughout each public
10359 hearing under this section.
10360 Section 266. Section 17B-1-1307 , which is renumbered from Section 17B-2-707 is
10361 renumbered and amended to read:
10362 [17B-2-707]. 17B-1-1307. Notice of public hearing and of dissolution.
10363 (1) Before holding a public hearing required under Section [ 17B-2-706 ] 17B-1-1306 ,
10364 the administrative body shall:
10365 (a) (i) publish notice of the public hearing and of the proposed dissolution in a
10366 newspaper of general circulation within the local district proposed to be dissolved; and
10367 (ii) post notice of the public hearing and of the proposed dissolution in at least four
10368 conspicuous places within the local district proposed to be dissolved, no less than five and no
10369 more than 30 days before the public hearing; or
10370 (b) mail a notice to each owner of property located within the local district and to each
10371 registered voter residing within the local district.
10372 (2) Each notice required under Subsection (1) shall:
10373 (a) identify the local district proposed to be dissolved and the service it was created to
10374 provide; and
10375 (b) state the date, time, and location of the public hearing.
10376 Section 267. Section 17B-1-1308 , which is renumbered from Section 17B-2-708 is
10377 renumbered and amended to read:
10378 [17B-2-708]. 17B-1-1308. Dissolution resolution -- Limitations on
10379 dissolution -- Distribution of remaining assets -- Notice of dissolution to lieutenant

10380 governor.
10381 (1) After the public hearing required under Section [ 17B-2-706 ] 17B-1-1306 and
10382 subject to Subsection (2), the administrative body may adopt a resolution approving dissolution
10383 of the local district.
10384 (2) A resolution under Subsection (1) may not be adopted unless:
10385 (a) any outstanding debt of the local district is:
10386 (i) satisfied and discharged in connection with the dissolution; or
10387 (ii) assumed by another governmental entity with the consent of all the holders of that
10388 debt and all the holders of other debts of the local district;
10389 (b) for a local district that has provided service during the preceding three years or
10390 undertaken planning or other activity preparatory to providing service:
10391 (i) another entity has committed to provide the same service to the area being served or
10392 proposed to be served by the local district; and
10393 (ii) all who are to receive the service have consented to the service being provided by
10394 the other entity; and
10395 (c) all outstanding contracts to which the local district is a party are resolved through
10396 mutual termination or the assignment of the district's rights, duties, privileges, and
10397 responsibilities to another entity with the consent of the other parties to the contract.
10398 (3) (a) (i) Any assets of the local district remaining after paying all debts and other
10399 obligations of the local district shall be used to pay costs associated with the dissolution
10400 process under this part.
10401 (ii) Any costs of the dissolution process remaining after exhausting the remaining
10402 assets of the local district under Subsection (3)(a)(i) shall be paid by the administrative body.
10403 (b) Any assets of the local district remaining after application of Subsection (3)(a) shall
10404 be distributed:
10405 (i) proportionately to the owners of real property within the dissolved local district if
10406 there is a readily identifiable connection between a financial burden borne by the real property
10407 owners in the district and the remaining assets; or
10408 (ii) except as provided in Subsection (3)(b)(i), to each county, city, or town in which
10409 the dissolved local district was located before dissolution in the same proportion that the land
10410 area of the local district located within the unincorporated area of the county or within the city

10411 or town bears to the total local district land area.
10412 (4) (a) Within 30 days after adopting a resolution approving dissolution of the local
10413 district, the administrative body shall file a notice with the lieutenant governor.
10414 (b) The notice required under Subsection (4)(a) shall:
10415 (i) be accompanied by a copy of the board resolution approving the dissolution; and
10416 (ii) include a certification by the administrative body that all requirements for the
10417 dissolution have been complied with.
10418 (c) Upon the lieutenant governor's issuance of the certificate of dissolution under
10419 Section 67-1a-6.5 , the local district is dissolved.
10420 Section 268. Section 17B-1-1401 is enacted to read:
10421 Part 14. Basic Local District
10422 17B-1-1401. Status of and provisions applicable to a basic local district.
10423 A basic local district:
10424 (1) operates under, is subject to, and has the powers set forth in this chapter; and
10425 (2) is not subject to Chapter 2a, Provisions Applicable to Different Types of Local
10426 Districts.
10427 Section 269. Section 17B-1-1402 is enacted to read:
10428 17B-1-1402. Board of trustees of a basic local district.
10429 (1) As specified in a petition under Subsection 17B-1-203 (1)(a) or (b) or a resolution
10430 under Subsection 17B-1-203 (1)(c) or (d), the members of a board of trustees of a basic local
10431 district may be:
10432 (a) (i) elected by registered voters; or
10433 (ii) appointed by the responsible body, as defined in Section 17B-1-201 ; or
10434 (b) if the area of the local district contains less than one residential dwelling unit per 50
10435 acres of land at the time the resolution is adopted or the petition is filed, elected by the owners
10436 of real property within the local district based on:
10437 (i) the amount of acreage owned by property owners;
10438 (ii) the assessed value of property owned by property owners; or
10439 (iii) water rights:
10440 (A) relating to the real property within the local district;
10441 (B) that the real property owner:

10442 (I) owns; or
10443 (II) has transferred to the local district.
10444 (2) A petition under Subsection 17B-1-203 (1)(a) or (b) and a resolution under
10445 Subsection 17B-1-203 (1)(c) or (d) may provide for a transition from one or more methods of
10446 election or appointment under Subsection (1) to one or more other methods of election or
10447 appointment based upon milestones or events that the petition or resolution identifies.
10448 Section 270. Section 17B-2a-101 is enacted to read:
10449 CHAPTER 2a. PROVISIONS APPLICABLE TO DIFFERENT TYPES OF LOCAL
10450 DISTRICTS
10451 Part 1. Cemetery Maintenance District Act
10452 17B-2a-101. Title.
10453 This part is known as the "Cemetery Maintenance District Act."
10454 Section 271. Section 17B-2a-102 is enacted to read:
10455 17B-2a-102. Applicability of this part to cemetery maintenance districts.
10456 (1) Each cemetery maintenance district is governed by and has the powers stated in:
10457 (a) this part; and
10458 (b) Chapter 1, Provisions Applicable to All Local Districts.
10459 (2) This part applies only to cemetery maintenance districts.
10460 (3) A cemetery maintenance district is not subject to the provisions of any other part of
10461 this chapter.
10462 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
10463 Local Districts, and a provision in this part, the provision in this part governs.
10464 Section 272. Section 17B-2a-103 is enacted to read:
10465 17B-2a-103. Limits on the creation of a cemetery maintenance district.
10466 A cemetery maintenance district may not be created in a city of the first or second class.
10467 Section 273. Section 17B-2a-104 is enacted to read:
10468 17B-2a-104. Cemetery maintenance district bonding authority.
10469 A cemetery maintenance district may issue bonds as provided in and subject to Chapter
10470 1, Part 11, Local District Bonds, to carry out the purposes of the district.
10471 Section 274. Section 17B-2a-105 is enacted to read:
10472 17B-2a-105. Additional duties of a cemetery maintenance district board of

10473 trustees.
10474 In addition to the powers and duties of a board of trustees under Chapter 1, Part 3,
10475 Board of Trustees, each cemetery maintenance district board of trustees shall beautify,
10476 improve, and maintain each cemetery within the district.
10477 Section 275. Section 17B-2a-106 is enacted to read:
10478 17B-2a-106. Appointment of board of trustees members -- Vacancies.
10479 (1) If the area of a cemetery maintenance district is included entirely within the
10480 boundaries of a single municipality, each member of its board of trustees shall be appointed
10481 and each vacancy on the board of trustees shall be filled by a person appointed by the
10482 legislative body of that municipality, as provided in Section 17B-1-304 .
10483 (2) For each other cemetery maintenance district, each member of its board of trustees
10484 shall be appointed and each vacancy on the board of trustees shall be filled by a person
10485 appointed by the legislative body of the county in which the district is located, as provided in
10486 Section 17B-1-304 .
10487 Section 276. Section 17B-2a-107 is enacted to read:
10488 17B-2a-107. Property within a cemetery maintenance district to be
10489 proportionately benefitted and equally assessed.
10490 Each parcel of property within a cemetery maintenance district shall be:
10491 (1) benefitted by the creation of the district and by improvements made by the district,
10492 ratably with all other parcels of property within the district in proportion to the parcel's taxable
10493 value; and
10494 (2) assessed equally in proportion to its taxable value for the purpose of cemetery
10495 improvement and maintenance.
10496 Section 277. Section 17B-2a-201 is enacted to read:
10497 Part 2. Drainage District Act
10498 17B-2a-201. Title.
10499 This part is known as the "Drainage District Act."
10500 Section 278. Section 17B-2a-202 is enacted to read:
10501 17B-2a-202. Definitions.
10502 As used in this part:
10503 (1) "Ditch" includes a drain or natural or constructed watercourse, whether open,

10504 covered, or tiled, and whether inside or outside the drainage district.
10505 (2) "Drainage" includes the reclamation, protection, or betterment of land by leading,
10506 carrying, withholding, or pumping excess water from land through canals, ditches, pipes, or
10507 other means.
10508 Section 279. Section 17B-2a-203 is enacted to read:
10509 17B-2a-203. Applicability of this part to drainage districts.
10510 (1) Each drainage district is governed by and has the powers stated in:
10511 (a) this part; and
10512 (b) Chapter 1, Provisions Applicable to All Local Districts.
10513 (2) This part applies only to drainage districts.
10514 (3) A drainage district is not subject to the provisions of any other part of this chapter.
10515 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
10516 Local Districts, and a provision in this part, the provision in this part governs.
10517 Section 280. Section 17B-2a-204 is enacted to read:
10518 17B-2a-204. Prohibition against creating a drainage district.
10519 No new drainage district may be created.
10520 Section 281. Section 17B-2a-205 is enacted to read:
10521 17B-2a-205. Additional drainage district powers.
10522 In addition to the powers conferred on a drainage district under Section 17B-1-103 , a
10523 drainage district may:
10524 (1) enter upon land for the purpose of examining the land or making a survey;
10525 (2) locate a necessary drainage canal with any necessary branches on land that the
10526 district's board of trustees considers best;
10527 (3) issue bonds as provided in and subject to Chapter 1, Part 11, Local District Bonds,
10528 to carry out the purposes of the district;
10529 (4) after the payment or tender of compensation allowed, go upon land to construct
10530 proposed works, and thereafter enter upon that land to maintain or repair the works;
10531 (5) appropriate water for useful and beneficial purposes;
10532 (6) regulate and control, for the benefit of landholders within the district, all water
10533 developed, appropriated, or owned by the district;
10534 (7) appropriate, use, purchase, develop, sell, and convey water and water rights in the

10535 same manner and for the same use and purposes as a private person;
10536 (8) widen, straighten, deepen, enlarge, or remove any obstruction or rubbish from any
10537 watercourse, whether inside our outside the district; and
10538 (9) if necessary, straighten a watercourse by cutting a new channel upon land not
10539 already containing the watercourse, subject to the landowner receiving compensation for the
10540 land occupied by the new channel and for any damages, as provided under the law of eminent
10541 domain.
10542 Section 282. Section 17B-2a-206 is enacted to read:
10543 17B-2a-206. Drainage district board of trustees.
10544 (1) Subject to Subsection (2), each member of the board of trustees of a drainage
10545 district shall be appointed by the legislative body of the county in which the district is located.
10546 (2) If a drainage district is located in more than one county, a county legislative body
10547 may not appoint more than two members.
10548 Section 283. Section 17B-2a-207 is enacted to read:
10549 17B-2a-207. Public highways, roads, or streets or railroad rights-of-way
10550 benefitted by district works.
10551 If a drainage district board of trustees determines that a public highway, road, street, or
10552 railroad right-of-way is or will be benefitted by district drainage canals or other works that have
10553 been or will be constructed:
10554 (1) the district shall assess benefits and taxes against the public highway, road, street,
10555 or railroad right-of-way in the same manner as if the highway, road, street, or railroad
10556 right-of-way were in private ownership;
10557 (2) the district may treat the highway, road, street, or railroad right-of-way the same as
10558 it would treat private land; and
10559 (3) the state or local entity having control of the public highway, road, or street or the
10560 owner of the railroad right-of-way shall pay the applicable taxes assessed against the land,
10561 whether or not it owns the fee simple title to the land covered by the highway, road, street, or
10562 railroad right-of-way.
10563 Section 284. Section 17B-2a-208 is enacted to read:
10564 17B-2a-208. Bridge or culvert across a public highway, road, or street, or a
10565 railroad right-of-way -- Notice to railway authority -- Option of railway authority to

10566 construct bridge or culvert.
10567 (1) (a) A drainage district may construct each necessary bridge and culvert across or
10568 under a public highway, road, street, or railroad right-of-way to enable the district to construct
10569 and maintain a canal, drain, or ditch necessary as part of the drainage system of the district.
10570 (b) Before a drainage district constructs a bridge or culvert across or under a railroad
10571 right-of-way, the district shall first give notice to the railway authority empowered to build or
10572 construct bridges and culverts.
10573 (2) (a) A railway authority may, within 30 days after the notice under Subsection (1)(b)
10574 and at its own expense, build the bridge or culvert according to its own plans.
10575 (b) Each railway authority that builds a bridge or culvert as provided in Subsection
10576 (2)(a) shall construct the bridge or culvert:
10577 (i) so as not to interfere with the free and unobstructed flow of water passing through
10578 the canal or drain; and
10579 (ii) at points that are indicated by a competent drainage engineer.
10580 Section 285. Section 17B-2a-209 is enacted to read:
10581 17B-2a-209. State land treated the same as private land -- Consent needed to
10582 affect school and institutional trust land -- Owner of state land has same rights as owner
10583 of private land.
10584 (1) Subject to Subsection (2), a drainage district may treat state land the same as
10585 private land with respect to the drainage of land for agricultural purposes.
10586 (2) A drainage district may not affect school or institutional trust land under this part or
10587 Chapter 1, Provisions Applicable to All Local Districts, without the consent of the director of
10588 the School and Institutional Trust Lands Administration acting in accordance with Sections
10589 53C-1-102 and 53C-1-303 .
10590 (3) The state and each person holding unpatented state land under entries or contracts
10591 of purchase from the state have all the rights, privileges, and benefits under this part and
10592 Chapter 1, Provisions Applicable to All Local Districts, that a private owner of that land would
10593 have.
10594 Section 286. Section 17B-2a-210 is enacted to read:
10595 17B-2a-210. District required to minimize damage when entering on land --
10596 Penalty for preventing or prohibiting a district from entering on land.

10597 (1) When entering upon land for the purpose of constructing, maintaining, or repairing
10598 works, a drainage district may not do more damage than the necessity of the occasion requires.
10599 (2) (a) A person who willfully prevents or prohibits an agent of a drainage district from
10600 entering upon land when the district is authorized to enter the land is guilty of a class C
10601 misdemeanor.
10602 (b) (i) Each person found guilty under Subsection (2)(a) shall be fined a sum not to
10603 exceed $25 per day for each day the person prevented or prohibited the district from entering
10604 upon land.
10605 (ii) Each fine under Subsection (2)(b)(i) shall be paid to the district.
10606 Section 287. Section 17B-2a-211 is enacted to read:
10607 17B-2a-211. Penalty for wrongfully damaging a district work.
10608 (1) A person who wrongfully and purposely fills, cuts, injures, destroys, or impairs the
10609 usefulness of a drain, ditch, or other work of a drainage district is guilty of a class C
10610 misdemeanor.
10611 (2) Each person who negligently, wrongfully, or purposely fills, cuts, injures, destroys,
10612 or impairs the usefulness of a drain, ditch, levee, or other work of a drainage district or
10613 obstructs or fills any natural stream or outlet used by a drainage district, whether inside or
10614 outside the district, shall be liable to the district for all resulting damages.
10615 Section 288. Section 17B-2a-301 is enacted to read:
10616 Part 3. Fire Protection District Act
10617 17B-2a-301. Title.
10618 This part is known as the "Fire Protection District Act."
10619 Section 289. Section 17B-2a-302 is enacted to read:
10620 17B-2a-302. Prohibition against creating new fire protection districts.
10621 No new fire protection district may be created.
10622 Section 290. Section 17B-2a-303 is enacted to read:
10623 17B-2a-303. Applicability of this part to fire protection districts.
10624 (1) Each fire protection district is governed by and has the powers stated in:
10625 (a) this part; and
10626 (b) Chapter 1, Provisions Applicable to All Local Districts.
10627 (2) This part applies only to fire protection districts.

10628 (3) A fire protection district is not subject to the provisions of any other part of this
10629 chapter.
10630 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
10631 Local Districts, and a provision in this part, the provision in this part governs.
10632 Section 291. Section 17B-2a-304 is enacted to read:
10633 17B-2a-304. Fire protection district authority.
10634 In addition to the powers conferred on an improvement district under Section
10635 17B-1-103 , a fire protection district may issue bonds as provided in and subject to Chapter 1,
10636 Part 11, Local District Bonds, to carry out the purposes of the district.
10637 Section 292. Section 17B-2a-305 is enacted to read:
10638 17B-2a-305. Fire protection districts board of trustees -- County legislative body
10639 constitutes the board of trustees of a countywide district.
10640 (1) Except as provided in Subsection (2), the board of trustees of a fire protection
10641 district may be appointed or elected, as provided in the documents establishing the district.
10642 (2) If the area of a fire protection district consists of all the area of a single county
10643 excluding the area of all first and second class cities in the county, the legislative body of that
10644 county shall constitute the board of trustees of the fire protection district.
10645 (3) The composition and method of appointing or electing board of trustees members
10646 of each fire protection district existing on April 30, 2007 is validated, ratified, and confirmed.
10647 Section 293. Section 17B-2a-306 is enacted to read:
10648 17B-2a-306. Offices of a fire protection district board of trustees and principal
10649 place of business.
10650 Each office of a fire protection district board of trustees and each principal place of
10651 business of a fire protection district shall be within:
10652 (1) the district; or
10653 (2) the county in which the district is located and as near as possible to the district.
10654 Section 294. Section 17B-2a-401 is enacted to read:
10655 Part 4. Improvement District Act
10656 17B-2a-401. Title.
10657 This part is known as the "Improvement District Act."
10658 Section 295. Section 17B-2a-402 is enacted to read:

10659 17B-2a-402. Applicability of this part to improvement districts.
10660 (1) Each improvement district is governed by and has the powers stated in:
10661 (a) this part; and
10662 (b) Chapter 1, Provisions Applicable to All Local Districts.
10663 (2) This part applies only to improvement districts.
10664 (3) An improvement district is not subject to the provisions of any other part of this
10665 chapter.
10666 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
10667 Local Districts, and a provision in this part, the provision in this part governs.
10668 Section 296. Section 17B-2a-403 , which is renumbered from Section 17A-2-301 is
10669 renumbered and amended to read:
10670 [17A-2-301]. 17B-2a-403. Improvement district authority.
10671 (1) [(a) An] In addition to the powers conferred on an improvement district under
10672 Section 17B-1-103 , an improvement district may:
10673 (a) acquire through construction, purchase, gift, or condemnation, or any combination
10674 of these methods, and may operate all or any part of:
10675 (i) a system for the supply, treatment, and distribution of water;
10676 (ii) a system for the collection, treatment, and disposition of sewage;
10677 (iii) a system for the collection, retention, and disposition of storm and flood waters;
10678 (iv) a system for the generation, distribution, and sale of electricity, subject to Section
10679 17B-2a-406 ; and
10680 (v) a system for the transmission of natural or manufactured gas if the system is:
10681 (A) connected to a gas plant, as defined in Section 54-2-1 , of a gas corporation, as
10682 defined in Section 54-2-1 , regulated under Section 54-4-1 ; and
10683 (B) to be used to facilitate gas utility service within the district if the gas utility service
10684 is not available within the district prior to the acquisition or construction of the system[.];
10685 (b) issue bonds as provided in and subject to Chapter 1, Part 11, Local District Bonds,
10686 to carry out the purposes of the district;
10687 (c) appropriate or otherwise acquire water and water rights inside or outside its
10688 boundaries;
10689 (d) sell water or other services to consumers residing outside its boundaries;

10690 (e) enter into a contract with a gas corporation regulated under Section 54-4-1 to
10691 provide for the operation or maintenance of all or part of a system for the transmission of
10692 natural or manufactured gas or to lease or sell all or a portion of that system to a gas
10693 corporation;
10694 (f) enter into a contract with a person for:
10695 (i) the purchase or sale of water or electricity;
10696 (ii) the use of any facility owned by the person; or
10697 (iii) the purpose of handling the person's industrial and commercial waste and sewage;
10698 (g) require pretreatment of industrial and commercial waste and sewage; and
10699 (h) impose a penalty or surcharge against a public entity or other person with which the
10700 district has entered into a contract for the construction, acquisition, or operation of all or a part
10701 of a system for the collection, treatment, and disposal of sewage, if the public entity or other
10702 person fails to comply with the provisions of the contract.
10703 [(b)] (2) The new gas utility service under Subsection (1)(a)(v)(B) shall be provided by
10704 a gas corporation regulated under Section 54-4-1 and not by the district.
10705 [(2) (a) (i) Subject to Subsection (2)(a)(ii), the area of a district under this part may
10706 include all or part of any county or counties, including all or any part of any incorporated
10707 municipalities, other incorporated areas, and unincorporated areas, as the needs of the
10708 inhabitants of the proposed districts may appear.]
10709 [(ii) Notwithstanding Subsection (2)(a)(i), the addition of any territory to a district
10710 under this part shall, on and after June 1, 2001 and as provided in Subsection
10711 17A-2-101.3 (1)(a)(i), be governed by Title 17B, Chapter 2, Part 5, Annexation.]
10712 [(b) The boundaries of a district authorized under this part do not need to be
10713 contiguous.]
10714 [(3) If an improvement district authorized under this part was created solely for the
10715 purpose of acquiring a system for the collection, retention, or disposition of storm and flood
10716 waters, the county legislative body that created the district may, in its discretion and despite
10717 anything to the contrary in Section 17A-2-305 , act as the board of trustees of the district for so
10718 long as it considers desirable.]
10719 (3) An improvement district may not begin to provide sewer service to an area where
10720 sewer service is already provided by an existing sewage collection system operated by a

10721 municipality or other political subdivision unless the municipality or other political subdivision
10722 gives its written consent.
10723 Section 297. Section 17B-2a-404 is enacted to read:
10724 17B-2a-404. Improvement district board of trustees.
10725 (1) As used in this section:
10726 (a) "County district" means an improvement district that does not include within its
10727 boundaries any territory of a municipality.
10728 (b) "County member" means a member of a board of trustees of a county district.
10729 (c) "Electric district" means an improvement district that was created for the purpose of
10730 providing electric service.
10731 (d) "Included municipality" means a municipality whose boundaries are entirely
10732 contained within but do not coincide with the boundaries of an improvement district.
10733 (e) "Municipal district" means an improvement district whose boundaries coincide with
10734 the boundaries of a single municipality.
10735 (f) "Regular district" means an improvement district that is not a county district,
10736 electric district, or municipal district.
10737 (g) "Remaining area"means the area of a regular district that:
10738 (i) is outside the boundaries of an included municipality; and
10739 (ii) includes the area of an included municipality whose legislative body elects, under
10740 Subsection (4)(a)(i)(B), not to appoint a member to the board of trustees of the regular district.
10741 (h) "Remaining area member" means a member of a board of trustees of a regular
10742 district who is appointed, or, if applicable, elected to represent the remaining area of the
10743 district.
10744 (2) The legislative body of the municipality included within a municipal district may:
10745 (a) elect, at the time of the creation of the district, to be the board of trustees of the
10746 district; and
10747 (b) adopt at any time a resolution providing for:
10748 (i) the election of board of trustees members, as provided in Section 17B-1-306 ; or
10749 (ii) the appointment of board of trustees members, as provided in Section 17B-1-304 .
10750 (3) The legislative body of a county whose unincorporated area is partly or completely
10751 within a county district may:

10752 (a) elect, at the time of the creation of the district, to be the board of trustees of the
10753 district; and
10754 (b) adopt at any time a resolution providing for:
10755 (i) the election of board of trustees members, as provided in Section 17B-1-306 ; or
10756 (ii) the appointment of board of trustees members, as provided in Section 17B-1-304 .
10757 (4) (a) (i) (A) Except as provided in Subsections (4)(a)(i)(B) and (ii), the legislative
10758 body of each included municipality shall each appoint one member to the board of trustees of a
10759 regular district.
10760 (B) The legislative body of an included municipality may elect not to appoint a
10761 member to the board under Subsection (4)(a)(i)(A).
10762 (ii) If municipalities are combined under Subsection (6)(b)(i), the legislative bodies of
10763 the combined municipalities shall collectively appoint one member to the board of trustees, as
10764 provided in Section 17B-1-304 .
10765 (b) Except as provided in Subsection (5), the legislative body of each county whose
10766 boundaries include a remaining area shall appoint all other members to the board of trustees of
10767 a regular district.
10768 (5) (a) Each remaining area member of a regular district and each county member of a
10769 county district shall be elected, as provided in Section 17B-1-306 , if:
10770 (i) the petition or resolution initiating the creation of the district provides for remaining
10771 area or county members to be elected;
10772 (ii) the district holds an election to approve the district's issuance of bonds;
10773 (iii) for a regular district, an included municipality elects, under Subsection
10774 (4)(a)(i)(B), not to appoint a member to the board of trustees; or
10775 (iv) (A) at least 90 days before the municipal general election, a petition is filed with
10776 the district's board of trustees requesting remaining area members or county members, as the
10777 case may be, to be elected; and
10778 (B) the petition is signed by registered voters within the remaining area or county
10779 district, as the case may be, equal in number to at least 10% of the number of registered voters
10780 within the remaining area or county district, respectively, who voted in the last gubernatorial
10781 election.
10782 (6) (a) Subject to Section 17B-1-302 , the number of members of a board of trustees of

10783 a regular district shall be:
10784 (i) the number of included municipalities within the district, if:
10785 (A) the number is an odd number; and
10786 (B) the district does not include a remaining area;
10787 (ii) the number of included municipalities plus one, if the number of included
10788 municipalities within the district is even;
10789 (iii) the number of included municipalities plus two, if:
10790 (A) the number of included municipalities is odd; and
10791 (B) the district includes a remaining area.
10792 (b) (i) If the number of board members under Subsection (6)(a) exceeds nine, then,
10793 except as provided in Subsection (6)(b)(ii):
10794 (A) the number of members shall be nine; and
10795 (B) the least populated included municipalities shall be combined for purposes of
10796 representation to the extent necessary to result in nine members.
10797 (ii) Application of Subsection (6)(b)(i) may not cause an included municipality to lose
10798 its separate representation on the board until the end of the term of the board member
10799 appointed by that municipality.
10800 (7) (a) Except as provided in Subsection (7)(b), each remaining area member of the
10801 board of trustees of a regular district shall reside within the remaining area.
10802 (b) Notwithstanding Subsection (7)(a), if the population of the remaining area is less
10803 than 5% of the total district population, each remaining area member shall be chosen from the
10804 district at large.
10805 (8) If the election of remaining area or county members of the board of trustees is
10806 required because of a bond election, as provided in Subsection (5)(a)(ii):
10807 (a) a person may file a declaration of candidacy if:
10808 (i) the person resides within:
10809 (A) the remaining area, for a regular district; or
10810 (B) the county district, for a county district; and
10811 (ii) otherwise qualifies as a candidate;
10812 (b) the board of trustees shall, if required, provide a ballot separate from the bond
10813 election ballot, containing the names of candidates and blanks in which a voter may write

10814 additional names; and
10815 (c) the election shall otherwise be governed by Title 20A, Election Code.
10816 (9) (a) (i) This Subsection (9) applies to the board of trustees members of an electric
10817 district.
10818 (ii) Subsections (2) through (8) do not apply to an electric district.
10819 (b) The legislative body of the county in which an electric district is located may
10820 appoint the initial board of trustees of the electric district as provided in Section 17B-1-304 .
10821 (c) After the initial board of trustees is appointed as provided in Subsection (9)(b), each
10822 member of the board of trustees of an electric district shall be elected by persons using
10823 electricity from and within the district.
10824 (d) Each member of the board of trustees of an electric district shall be a user of
10825 electricity from the district and, if applicable, the division of the district from which elected.
10826 (e) The board of trustees of an electric district may be elected from geographic
10827 divisions within the district.
10828 (f) A municipality within an electric district is not entitled to automatic representation
10829 on the board of trustees.
10830 Section 298. Section 17B-2a-405 is enacted to read:
10831 17B-2a-405. Board of trustees of certain improvement districts.
10832 (1) As used in this section:
10833 (a) "Jurisdictional boundaries" means:
10834 (i) for a qualified county, the boundaries that include:
10835 (A) the area of the unincorporated part of the county that is included within a sewer
10836 improvement district; and
10837 (B) the area of each nonappointing municipality that is included within the sewer
10838 improvement district; and
10839 (ii) for a qualified municipality, the boundaries that include the area of the municipality
10840 that is included within a sewer improvement district.
10841 (b) "Nonappointing municipality" means a municipality that:
10842 (i) is partly included within a sewer improvement district; and
10843 (ii) is not a qualified municipality.
10844 (c) "Qualified county" means a county:

10845 (i) some or all of whose unincorporated area is included within a sewer improvement
10846 district; or
10847 (ii) which includes within its boundaries a nonappointing municipality.
10848 (d) "Qualified county member" means a member of a board of trustees of a sewer
10849 improvement district appointed under Subsection (3)(a)(ii).
10850 (e) "Qualified municipality" means a municipality that is partly or entirely included
10851 within a sewer improvement district that includes:
10852 (i) all of the municipality that is capable of receiving sewage treatment service from the
10853 sewer improvement district; and
10854 (ii) more than half of:
10855 (A) the municipality's land area; or
10856 (B) the assessed value of all private real property within the municipality.
10857 (f) "Qualified municipality member" means a member of a board of trustees of a sewer
10858 improvement district appointed under Subsection (3)(a)(i).
10859 (g) "Sewer improvement district" means an improvement district that:
10860 (i) provides sewage collection, treatment, and disposal service; and
10861 (ii) made an election under Chapter 29, Laws of Utah 1953 to enable it to continue to
10862 appoint its board of trustees members as provided in this section.
10863 (2) (a) Notwithstanding Section 17B-2a-404 , the board of trustees members of a sewer
10864 improvement district shall be appointed as provided in this section.
10865 (b) The board of trustees of a sewer improvement district may revoke the election
10866 under Subsection (1)(d)(ii) and become subject to the provisions of Section 17B-2a-404 only
10867 by the unanimous vote of all members of the sewer improvement district's board of trustees at a
10868 time when there is no vacancy on the board.
10869 (3) (a) The board of trustees of each sewer improvement district shall consist of:
10870 (i) at least one person but not more than three persons appointed by the mayor of each
10871 qualified municipality, with the consent of the legislative body of that municipality; and
10872 (ii) at least one person but not more than three persons appointed by:
10873 (A) the county executive, with the consent of the county legislative body, for a
10874 qualified county operating under a county executive-council form of county government; or
10875 (B) the county legislative body, for each other qualified county.

10876 (b) Each qualified county member appointed under Subsection (3)(a)(ii) shall represent
10877 the area within the jurisdictional boundaries of the qualified county.
10878 (4) Notwithstanding Subsection 17B-1-302 (2), the number of board of trustees
10879 members of a sewer improvement district shall be the number that results from application of
10880 Subsection (3)(a).
10881 (5) Except as provided in this section, an appointment to the board of trustees of a
10882 sewer improvement district is governed by Section 17B-1-304 .
10883 (6) A quorum of a board of trustees of a sewer improvement district consists of
10884 members representing more than 50% of the total number of qualified county and qualified
10885 municipality votes under Subsection (7).
10886 (7) (a) Subject to Subsection (7)(b), each qualified county and each qualified
10887 municipality is entitled to one vote on the board of trustees of a sewer improvement district for
10888 each $10,000,000, or fractional part larger than 1/2 of that amount, of assessed valuation of
10889 private real property taxable for district purposes within the respective jurisdictional
10890 boundaries, as shown by the assessment records of the county and evidenced by a certificate of
10891 the county auditor.
10892 (b) Notwithstanding Subsection (7)(a), each qualified county and each qualified
10893 municipality shall have at least one vote.
10894 (8) If a qualified county or qualified municipality appoints more than one board
10895 member, all the votes to which the qualified county or qualified municipality is entitled under
10896 Subsection (7) for an item of board business shall collectively be cast by a majority of the
10897 qualified county members or qualified municipal members, respectively, present at a meeting
10898 of the board of trustees.
10899 Section 299. Section 17B-2a-406 , which is renumbered from Section 17A-2-302 is
10900 renumbered and amended to read:
10901 [17A-2-302]. 17B-2a-406. Improvement districts providing electric service
10902 -- Public Service Commission jurisdiction -- Exceptions.
10903 [(1) An electric service district may only include an area where:]
10904 [(a) no retail electricity has been provided to commercial, industrial, residential, and
10905 other users of electricity from an investor-owned utility within any part of an area certificated
10906 by the Public Service Commission or an area adjacent to that area, municipal agency, or

10907 electric cooperative within the five years immediately preceding September 1, 1985; and]
10908 [(b) electric service is provided to at least one user of electricity within the electric
10909 service district as of September 1, 1985.]
10910 [(2)] (1) (a) An improvement district that provides electric service [district organized
10911 under this part] as authorized under Subsection 17B-2a-403 (1)(d) is a public utility and subject
10912 to the jurisdiction of the Public Service Commission.
10913 (b) Nothing in this part may be construed to give the Public Service Commission
10914 jurisdiction over [any]:
10915 (i) an improvement district, other than an improvement district that provides electric
10916 service [district organized under this part, or over any] as authorized under Subsection
10917 17B-2a-403 (1)(a)(iv); or
10918 (ii) a municipality or an association of municipalities organized under [the] Title 11,
10919 Chapter 13, Interlocal Cooperation Act.
10920 (c) Before an improvement district providing electric service [district] serves any
10921 customer, the [electric service] improvement district shall obtain a certificate of public
10922 convenience and necessity from the Public Service Commission.
10923 [(3)] (2) (a) Section 54-7-12 does not apply to rate changes of an improvement district
10924 that provides electric service [district subject to the following] as authorized under Subsection
10925 17B-2a-403 (1)(a)(iv) if:
10926 [(a)] (i) the [electric service] district is organized for the purpose of distributing
10927 electricity to customers within the boundaries of the [electric service] district on a not-for-profit
10928 basis;
10929 [(b)] (ii) the schedule of new rates or other change that results in new rates has been
10930 approved by the board of [directors] trustees of the [electric service] district;
10931 [(c)] (iii) prior to the implementation of any rate increases, the [electric service] district
10932 first holds a public meeting for all its customers to whom mailed notice of the meeting is sent
10933 [not less than] at least ten days prior to the meeting; and
10934 [(d)] (iv) the [electric service] district has filed the schedule of new rates or other
10935 change with the [commission] Public Service Commission. [These documents shall be made
10936 available by the commission for public inspection.]
10937 [(4) If an application for certification is not filed by an electric service district

10938 organized under this part and approved by the Public Service Commission by September 1,
10939 1986, all provisions in this part relating to electric service districts are repealed.]
10940 (b) The Public Service Commission shall make the district's schedule of new rates or
10941 other change available for public inspection.
10942 Section 300. Section 17B-2a-501 is enacted to read:
10943 Part 5. Irrigation District Act
10944 17B-2a-501. Title.
10945 This part is known as the "Irrigation District Act."
10946 Section 301. Section 17B-2a-502 is enacted to read:
10947 17B-2a-502. Applicability of this part to irrigation districts.
10948 (1) Each irrigation district is governed by and has the powers stated in:
10949 (a) this part; and
10950 (b) Chapter 1, Provisions Applicable to All Local Districts.
10951 (2) This part applies only to irrigation districts.
10952 (3) An irrigation district is not subject to the provisions of any other part of this
10953 chapter.
10954 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
10955 Local Districts, and a provision in this part, the provision in this part governs.
10956 Section 302. Section 17B-2a-503 is enacted to read:
10957 17B-2a-503. Powers of irrigation districts.
10958 (1) In addition to the powers conferred on an irrigation district under Section
10959 17B-1-103 , an irrigation district may:
10960 (a) issue bonds as provided in and subject to Chapter 1, Part 11, Local District Bonds,
10961 to carry out the purposes of the district;
10962 (b) purchase stock of an irrigation, canal, or reservoir company;
10963 (c) enter upon any land in the district to make a survey and to locate and construct a
10964 canal and any necessary lateral;
10965 (d) convey water rights or other district property to the United States as partial or full
10966 consideration under a contract with the United States;
10967 (e) pursuant to a contract with the United States, lease or rent water to private land, an
10968 entryman, or a municipality in the neighborhood of the district;

10969 (f) if authorized under a contract with the United States, collect money on behalf of the
10970 United States in connection with a federal reclamation project and assume the incident duties
10971 and liabilities;
10972 (g) acquire water from inside or outside the state;
10973 (h) subject to Subsection (2), lease, rent, or sell water not needed by the owners of land
10974 within the district:
10975 (i) to a municipality, corporation, association, or individual inside or outside the
10976 district;
10977 (ii) for irrigation or any other beneficial use; and
10978 (iii) at a price and on terms that the board considers appropriate; and
10979 (i) repair a break in a reservoir or canal or remedy any other district disaster.
10980 (2) (a) The term of a lease or rental agreement under Subsection (1)(h) may not exceed
10981 five years.
10982 (b) A vested or prescriptive right to the use of water may not attach to the land because
10983 of a lease or rental of water under Subsection (1)(h).
10984 (3) Notwithstanding Subsection 17B-1-103 (2)(g), an irrigation district may not levy a
10985 property tax.
10986 Section 303. Section 17B-2a-504 is enacted to read:
10987 17B-2a-504. Irrigation district board of trustees -- Bond for board of trustees
10988 members and district if the district is appointed as fiscal or other agent for the United
10989 States.
10990 (1) (a) One board of trustees member shall be elected from each division established as
10991 provided in Section 17B-2a-505 .
10992 (b) Each landowner within an irrigation district may vote for one board of trustees
10993 member for the division in which the landowner's land is located.
10994 (c) Each landowner is entitled to cast one vote for each acre-foot or fraction of an
10995 acre-foot of water allotted to the land owned by the landowner.
10996 (2) (a) If an irrigation district is appointed fiscal agent of the United States or is
10997 authorized by the United States to collect money on behalf of the United States with respect to
10998 a federal project:
10999 (i) each member of the district's board of trustees shall:

11000 (A) execute an official bond in the amount required by the Secretary of the Interior,
11001 conditioned upon the faithful discharge of the trustee's duties; and
11002 (B) file the official bond in the office of the clerk of the county in which the district is
11003 located; and
11004 (ii) the irrigation district shall execute an additional bond for the district's faithful
11005 discharge of its duties as fiscal or other agent of the United States.
11006 (b) The United States or any person injured by the failure of a member of the board of
11007 trustees or of the district to perform fully, promptly, and completely a duty may sue upon the
11008 official bond.
11009 Section 304. Section 17B-2a-505 is enacted to read:
11010 17B-2a-505. Divisions.
11011 (1) The board of trustees of each irrigation district shall divide the district into
11012 divisions, each as nearly equal in size to the others as practicable.
11013 (2) The number of divisions shall be equal to the number of board of trustees members.
11014 (3) At least 30 days before an election of board of trustees members, the board shall
11015 redivide the district into divisions if, since the last time the board divided the district into
11016 divisions:
11017 (a) the district has annexed land under Chapter 1, Part 4, Annexation;
11018 (b) land has been withdrawn from the district under Chapter 1, Part 5, Withdrawal; or
11019 (c) the number of board of trustees members has been changed.
11020 Section 305. Section 17B-2a-506 is enacted to read:
11021 17B-2a-506. Different use charges for different units -- Use charges based on the
11022 size of the land served -- Use charge may not be based on property value.
11023 (1) An irrigation district may:
11024 (a) divide the district into units and apply different use charges to the different units;
11025 and
11026 (b) base use charges upon the amount of water or electricity the district provides, the
11027 area of the land served, or any other reasonable basis, as determined by the board of trustees.
11028 (2) If an irrigation district imposes a use charge based on the size of the land served:
11029 (a) the district shall notify the treasurer of the county in which the land is located of the
11030 charge to be imposed for each parcel of land served by the district; and

11031 (b) the treasurer of the county in which the land is located:
11032 (i) shall:
11033 (A) provide each landowner a notice of use charges as part of the annual tax notice as
11034 an additional charge separate from ad valorem taxes;
11035 (B) collect, receive, and provide an accounting for all money belonging to the district
11036 from use charges; and
11037 (C) remit to the irrigation district, by the tenth day of each month, the funds previously
11038 collected by the county as use charges on the district's behalf; and
11039 (ii) may receive and account for use charges separately from taxes upon real estate for
11040 county purposes.
11041 (3) A use charge may not be calculated on the basis of property value and does not
11042 constitute an ad valorem property tax or other tax.
11043 Section 306. Section 17B-2a-507 is enacted to read:
11044 17B-2a-507. Right-of-way over state land.
11045 Each irrigation district has a right-of-way on land that is or becomes the property of the
11046 state to locate, construct, and maintain district works.
11047 Section 307. Section 17B-2a-508 is enacted to read:
11048 17B-2a-508. Inclusion of state land in an irrigation district.
11049 (1) State land that is not under a contract of sale may be included in an irrigation
11050 district upon petition by the state entity responsible for the administration of the land.
11051 (2) State land included in an irrigation district may not be:
11052 (a) assessed by the district; or
11053 (b) the subject of use charges imposed by the district.
11054 (3) The entity responsible for the administration of the state land to be included in an
11055 irrigation district and the state engineer shall make a thorough examination of the benefits to
11056 accrue to the land by its inclusion in the district and by the acquisition of water rights for the
11057 land.
11058 (4) (a) The entity responsible for the administration of the state land to be included in
11059 an irrigation district may enter into a contract with the district, specifying the land benefitted
11060 and the amount of benefit, as determined under Subsection (3).
11061 (b) Each contract under Subsection (4)(a) shall provide that the entity responsible for

11062 the administration of the state land shall make annual payments to the district, to be applied to
11063 the cost of constructing the district's irrigation works, until the full amount of the benefit is
11064 paid.
11065 (c) The entity responsible for the administration of state land included in an irrigation
11066 district may, at its option, pay the full amount of the contract at any time.
11067 Section 308. Section 17B-2a-509 is enacted to read:
11068 17B-2a-509. This part not to be construed to prohibit state engineer from
11069 increasing water allotment.
11070 Nothing in this part may be construed to prohibit the state engineer, upon petition by an
11071 irrigation district board of trustees, from increasing the maximum allotment of water for one or
11072 more tracts of land within the district if the state engineer determines that the land cannot be
11073 beneficially irrigated with the currently allotted water.
11074 Section 309. Section 17B-2a-510 is enacted to read:
11075 17B-2a-510. Rules for the distribution and use of water.
11076 (1) Each irrigation district board of trustees shall establish equitable rules for the
11077 distribution and use of water among the owners of land in the district.
11078 (2) The board of trustees of an irrigation district that establishes rules under Subsection
11079 (1) shall, as soon as the rules are adopted, print them in convenient form for distribution in the
11080 district.
11081 Section 310. Section 17B-2a-511 is enacted to read:
11082 17B-2a-511. Distribution of water under a contract with the United States.
11083 If an irrigation district acquires the right to use water under a contract with the United
11084 States, the district shall distribute and apportion water according to the contract and federal
11085 law, rules, and regulations.
11086 Section 311. Section 17B-2a-512 is enacted to read:
11087 17B-2a-512. Removal of land from the assessor's roll.
11088 (1) An irrigation district may direct a county treasurer to remove parcels of land from
11089 the district's billing if:
11090 (a) the land is publicly dedicated to a street, highway, or road; or
11091 (b) the use of the land has so permanently changed as to prevent the beneficial use of
11092 water on it.

11093 (2) Each county treasurer shall comply with the direction of an irrigation district under
11094 Subsection (1).
11095 Section 312. Section 17B-2a-513 is enacted to read:
11096 17B-2a-513. Temporary application of water to land.
11097 (1) Upon the written application of the owner of land that has no water allotment or an
11098 insufficient water allotment, an irrigation district board of trustees may temporarily permit
11099 water to be applied to the land and charge the owner for that water.
11100 (2) Subsection (1) may not be construed to affect an irrigation district's permanent
11101 water allotments.
11102 Section 313. Section 17B-2a-514 is enacted to read:
11103 17B-2a-514. Assignment of the right to water.
11104 With the consent of the irrigation district board of trustees, a landowner in the district
11105 may assign the right to some or all of the water apportioned to the landowner's land for any one
11106 year to another bona fide landowner in the district for use in the district, if all charges for the
11107 water have been paid.
11108 Section 314. Section 17B-2a-515 is enacted to read:
11109 17B-2a-515. Distribution of water when supply is inadequate.
11110 If an irrigation district's water supply is not sufficient to supply all the needs within the
11111 district, the board of trustees may distribute water as the board considers best for all concerned,
11112 subject to distribution and apportionment requirements of a district contract with the United
11113 States and applicable federal law, rule, and regulation.
11114 Section 315. Section 17B-2a-516 is enacted to read:
11115 17B-2a-516. Diversions of water subject to eminent domain law.
11116 Nothing in this part may be construed to authorize any person to divert the water of a
11117 river, creek, stream, canal, or reservoir to the detriment of anyone having a prior right to the
11118 water, unless compensation is previously determined and paid according to the laws of eminent
11119 domain.
11120 Section 316. Section 17B-2a-601 is enacted to read:
11121 Part 6. Metropolitan Water District Act
11122 17B-2a-601. Title.
11123 This part is known as the "Metropolitan Water District Act."

11124 Section 317. Section 17B-2a-602 is enacted to read:
11125 17B-2a-602. Applicability of this part to metropolitan water districts.
11126 (1) Each metropolitan water district is governed by and has the powers stated in:
11127 (a) this part; and
11128 (b) Chapter 1, Provisions Applicable to All Local Districts.
11129 (2) This part applies only to metropolitan water districts.
11130 (3) A metropolitan water district is not subject to the provisions of any other part of
11131 this chapter.
11132 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
11133 Local Districts, and a provision in this part, the provision in this part governs.
11134 Section 318. Section 17B-2a-603 is enacted to read:
11135 17B-2a-603. Powers of metropolitan water districts.
11136 In addition to the powers conferred on a metropolitan water district under Section
11137 17B-1-103 , a metropolitan water district may:
11138 (1) acquire or lease any real or personal property or acquire any interest in real or
11139 personal property, as provided in Subsections 17B-1-103 (2)(a) and (b), whether inside or
11140 outside the district or inside or outside the state;
11141 (2) encumber real or personal property or an interest in real or personal property that
11142 the district owns;
11143 (3) acquire or construct works, facilities, and improvements, as provided in Subsection
11144 17B-1-103 (2)(d), whether inside or outside the district or inside or outside the state;
11145 (4) acquire water, works, water rights, and sources of water necessary or convenient to
11146 the full exercise of the district's powers, whether the water, works, water rights, or sources of
11147 water are inside or outside the district or inside or outside the state, and encumber, transfer an
11148 interest in, or dispose of water, works, water rights, and sources of water;
11149 (5) develop, store, and transport water;
11150 (6) provide, sell, lease, and deliver water inside or outside the district for any lawful
11151 beneficial use;
11152 (7) issue bonds as provided in and subject to Chapter 1, Part 11, Local District Bonds,
11153 to carry out the purposes of the district; and
11154 (8) subscribe for, purchase, lease, or otherwise acquire stock in a canal company,

11155 irrigation company, water company, or water users association, for the purpose of acquiring the
11156 right to use water or water infrastructure.
11157 Section 319. Section 17B-2a-604 is enacted to read:
11158 17B-2a-604. Board of trustees.
11159 (1) Members of the board of trustees of a metropolitan water district shall be appointed
11160 as provided in this section.
11161 (2) If a district contains the area of a single municipality:
11162 (a) the legislative body of that municipality shall appoint each member of the board of
11163 trustees; and
11164 (b) one member shall be the officer with responsibility over the municipality's water
11165 supply and distribution system, if the system is municipally owned.
11166 (3) If a district contains some or all of the retail water service area of more than one
11167 municipality:
11168 (a) the legislative body of each municipality shall appoint the number of members for
11169 that municipality as determined under Subsection (3)(b);
11170 (b) subject to Subsection (3)(c), the number of members appointed by each
11171 municipality shall be determined:
11172 (i) by agreement between the metropolitan water district and the municipalities, subject
11173 to the maximum stated in Subsection 17B-1-302 (2); or
11174 (ii) as provided in Chapter 1, Part 3, Board of Trustees; and
11175 (c) at least one member shall be appointed by each municipality.
11176 (4) Each member of the board of trustees of a metropolitan water district shall be:
11177 (a) a registered voter;
11178 (b) a property taxpayer; and
11179 (c) a resident of:
11180 (i) the metropolitan water district; and
11181 (ii) the retail water service area of the municipality whose legislative body appoints the
11182 member.
11183 (5) Each trustee shall be appointed without regard to partisan political affiliations from
11184 among citizens of the highest integrity, attainment, competence, and standing in the
11185 community.

11186 (6) Except as provided in Subsection (8), if a member becomes elected or appointed to
11187 office in or becomes an employee of the municipality whose legislative body appointed the
11188 member, the member shall immediately forfeit the office, and the member's position on the
11189 board is vacant until filled as provided in Section 17B-1-304 .
11190 (7) Except as provided in Subsection (8), the term of office of each member of the
11191 board of trustees is as provided in Section 17B-1-303 .
11192 (8) Subsections (4), (6), and (7) do not apply to a member who is a member under
11193 Subsection (2)(b).
11194 Section 320. Section 17B-2a-605 is enacted to read:
11195 17B-2a-605. Preferential rights of cities.
11196 (1) Each city whose area is within a metropolitan water district and that provides water
11197 on a retail level within the district has a preferential right to purchase from the district a portion
11198 of the water served by the district.
11199 (2) Except as otherwise provided by contract between a metropolitan water district and
11200 the city, the percentage of the total district water supply that a city has a preferential right to
11201 purchase under Subsection (1) is the same percentage as the total amount of taxes levied by the
11202 district against property within the city's retail water service area is of the total of all taxes
11203 levied by the district against all property within the district.
11204 (3) (a) Nothing in this section may be construed to limit the ability of a metropolitan
11205 water district to establish preferential rights by contract with a city that has preferential rights
11206 under this section.
11207 (b) Each agreement described in Subsection (3)(a) entered into before April 30, 2007 is
11208 ratified, validated, and confirmed.
11209 Section 321. Section 17B-2a-606 is enacted to read:
11210 17B-2a-606. Rates, charges, and assessments.
11211 (1) (a) The board of trustees may fix the rates, charges, and assessments, from time to
11212 time, at which the district:
11213 (i) sells water; or
11214 (ii) charges for the treatment or transportation of water or for the dedication of water
11215 supplies or water treatment or conveyance capacities.
11216 (b) The rates, charges, and assessments may be established by agreement between the

11217 district and the municipalities serviced by the district.
11218 (2) Rates fixed under Subsection (1)(a) shall be equitable, although not necessarily
11219 equal or uniform, for like classes of service throughout the district.
11220 (3) Each agreement described in Subsection (1)(b) entered into before April 30, 2007
11221 that otherwise complies with the law is ratified, validated, and confirmed.
11222 Section 322. Section 17B-2a-607 is enacted to read:
11223 17B-2a-607. Contracts with other corporations.
11224 (1) A metropolitan water district may:
11225 (a) contract with one or more corporations, public or private, for the purpose of:
11226 (i) financing acquisitions, constructions, or operations of the district; or
11227 (ii) carrying out any of the district's powers;
11228 (b) in a contract under Subsection (1)(a), obligate itself severally or jointly with the
11229 other corporation or corporations; and
11230 (c) secure, guarantee, or become surety for the payment of an indebtedness or the
11231 performance of a contract or other obligation incurred or entered into by a corporation whose
11232 shares of stock the district has acquired.
11233 (2) A contract under Subsection (1)(a) may:
11234 (a) provide for:
11235 (i) contributions to be made by each contracting party;
11236 (ii) the division and apportionment of:
11237 (A) the expenses of acquisitions and operations; and
11238 (B) the contractual benefits, services, and products; and
11239 (iii) an agency to make acquisitions and carry on operations under the contract; and
11240 (b) contain covenants and agreements as necessary or convenient to accomplish the
11241 purposes of the contract.
11242 Section 323. Section 17B-2a-701 is enacted to read:
11243 Part 7. Mosquito Abatement District Act
11244 17B-2a-701. Title.
11245 This part is known as the "Mosquito Abatement District Act."
11246 Section 324. Section 17B-2a-702 is enacted to read:
11247 17B-2a-702. Applicability of this part to mosquito abatement districts.

11248 (1) Each mosquito abatement district is governed by and has the powers stated in:
11249 (a) this part; and
11250 (b) Chapter 1, Provisions Applicable to All Local Districts.
11251 (2) This part applies only to mosquito abatement districts.
11252 (3) A mosquito abatement district is not subject to the provisions of any other part of
11253 this chapter.
11254 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
11255 Local Districts, and a provision in this part, the provision in this part governs.
11256 Section 325. Section 17B-2a-703 is enacted to read:
11257 17B-2a-703. Mosquito abatement district powers.
11258 In addition to the powers conferred on a mosquito abatement district under Section
11259 17B-1-103 , a mosquito abatement district may:
11260 (1) take all necessary and proper steps for the extermination of mosquitos, flies,
11261 crickets, grasshoppers, and other insects:
11262 (a) within the district; or
11263 (b) outside the district, if lands inside the district are benefitted;
11264 (2) abate as nuisances all stagnant pools of water and other breeding places for
11265 mosquitos, flies, crickets, grasshoppers, or other insects anywhere inside or outside the state
11266 from which mosquitos migrate into the district;
11267 (3) enter upon territory referred to in Subsections (1) and (2) in order to inspect and
11268 examine the territory and to remove from the territory, without notice, stagnant water or other
11269 breeding places for mosquitos, flies, crickets, grasshoppers, or other insects;
11270 (4) issue bonds as provided in and subject to Chapter 1, Part 11, Local District Bonds,
11271 to carry out the purposes of the district;
11272 (5) make a contract to indemnify or compensate an owner of land or other property for
11273 injury or damage necessarily caused by the exercise of district powers or arising out of the use,
11274 taking, or damage of property for a district purpose; and
11275 (6) establish a reserve fund, not to exceed the greater of 25% of the district's annual
11276 operating budget and $50,000, to pay for extraordinary abatement measures, including a
11277 vector-borne public health emergency.
11278 Section 326. Section 17B-2a-704 is enacted to read:

11279 17B-2a-704. Appointment of mosquito abatement district board of trustees
11280 members.
11281 (1) (a) Notwithstanding Subsection 17B-1-302 (2) and subject to Subsection (1)(b), the
11282 legislative body of each municipality that is entirely or partly included within a mosquito
11283 abatement district shall appoint one member to the board of trustees.
11284 (b) If 75% or more of the area of a mosquito abatement district is within the boundaries
11285 of a single municipality:
11286 (i) the board of trustees shall consist of five members; and
11287 (ii) the legislative body of that municipality shall appoint all five members of the
11288 board.
11289 (2) The legislative body of each county in which a mosquito abatement district is
11290 located shall appoint one member to the district's board of trustees if:
11291 (a) some or all of the county's unincorporated area is included within the boundaries of
11292 the mosquito abatement district; or
11293 (b) (i) the number of municipalities that are entirely or partly included within the
11294 district is an even number less than nine; and
11295 (ii) Subsection (1)(b) does not apply.
11296 (3) If the number of board members appointed by application of Subsections (1) and
11297 (2)(a) is an even number less than nine, the legislative body of the county in which the district
11298 is located shall appoint an additional member.
11299 (4) Each board of trustees member shall be appointed as provided in Section
11300 17B-1-304 .
11301 (5) Each vacancy on a mosquito abatement district board of trustees shall be filled by
11302 the applicable appointing authority as provided in Section 17B-1-304 .
11303 Section 327. Section 17B-2a-705 , which is renumbered from Section 17A-2-910 is
11304 renumbered and amended to read:
11305 [17A-2-910]. 17B-2a-705. Taxation -- Additional levy -- Election.
11306 (1) [When it appears to the] If a mosquito abatement district board of trustees
11307 determines that the funds required during the next ensuing fiscal year will exceed the maximum
11308 amount [which] that the [county legislative body] district is authorized to levy [for the annual
11309 district tax] under Subsection 17B-1-103 (2)(g), the board of trustees may call an election and

11310 submit to [the electors of the] district voters the question of whether [a tax shall be voted for
11311 raising] the district should be authorized to impose an additional tax to raise the necessary
11312 additional funds.
11313 (2) [Notice] The board shall, for at least four weeks before the election:
11314 (a) publish notice of the election [therefor shall be published for at least four weeks
11315 prior to the election] in a daily or weekly newspaper published in the district[.]; or
11316 (b) if there is no daily or weekly newspaper published in the district, post notice of the
11317 election in three public places in the district.
11318 (3) No particular form of ballot [shall be] is required, and no informalities in
11319 conducting the election [shall] may invalidate the [same] election, if [the election] it is
11320 otherwise fairly conducted.
11321 (4) At the election [the ballots] each ballot shall contain the words, "Shall the district
11322 [vote a] be authorized to impose an additional tax to raise the additional sum of $____?"
11323 (5) The board of trustees shall canvass the votes cast at the election, and, if a majority
11324 of the votes cast are in favor of the imposition of the tax, the [board of trustees shall report the
11325 same to the county legislative body, stating] district is authorized to impose an additional levy
11326 to raise the additional amount of money required [to be raised].
11327 [(6) The county legislative body shall at the time of levying general county taxes levy
11328 an additional tax upon all of the taxable property in the district voting such additional tax.]
11329 Section 328. Section 17B-2a-801 is enacted to read:
11330 Part 8. Public Transit District Act
11331 17B-2a-801. Title.
11332 This part is known as the "Public Transit District Act."
11333 Section 329. Section 17B-2a-802 is enacted to read:
11334 17B-2a-802. Definitions.
11335 As used in this part:
11336 (1) "Department" means the Department of Transportation created in Section 72-1-201 .
11337 (2) "Multicounty district" means a public transit district located in more than one
11338 county.
11339 (3) "Operator" means a public entity or other person engaged in the transportation of
11340 passengers for hire.

11341 (4) "Public transit" means the transportation of passengers only and their incidental
11342 baggage by means other than:
11343 (a) chartered bus;
11344 (b) sightseeing bus;
11345 (c) taxi; or
11346 (d) other vehicle not on an individual passenger fare paying basis.
11347 (5) "Transit facility" means a transit vehicle, transit station, depot, passenger loading or
11348 unloading zone, parking lot, or other facility:
11349 (a) leased by or operated by or on behalf of a public transit district; and
11350 (b) related to the public transit services provided by the district, including:
11351 (i) railway or other right-of-way;
11352 (ii) railway line; and
11353 (iii) a reasonable area immediately adjacent to a designated stop on a route traveled by
11354 a transit vehicle.
11355 (6) "Transit vehicle" means a passenger bus, coach, railcar, van, or other vehicle
11356 operated as public transportation by a public transit district.
11357 Section 330. Section 17B-2a-803 is enacted to read:
11358 17B-2a-803. Applicability of this part to public transit districts.
11359 (1) (a) Each public transit district is governed by and has the powers stated in:
11360 (i) this part; and
11361 (ii) except as provided in Subsection (1)(b), Chapter 1, Provisions Applicable to All
11362 Local Districts.
11363 (b) (i) Except for Sections 17B-1-301 , 17B-1-311 , and 17B-1-313 , the provisions of
11364 Chapter 1, Part 3, Board of Trustees, do not apply to public transit districts.
11365 (ii) A public transit district is not subject to Chapter 1, Part 6, Fiscal Procedures for
11366 Local Districts.
11367 (2) This part applies only to public transit districts.
11368 (3) A public transit district is not subject to the provisions of any other part of this
11369 chapter.
11370 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
11371 Local Districts, and a provision in this part, the provision in this part governs.

11372 Section 331. Section 17B-2a-804 is enacted to read:
11373 17B-2a-804. Powers of public transit districts.
11374 (1) In addition to the powers conferred on a public transit district under Section
11375 17B-1-103 , a public transit district may:
11376 (a) provide a public transit system for the transportation of passengers and their
11377 incidental baggage;
11378 (b) notwithstanding Subsection 17B-1-103 (2)(i) and subject to Section 17B-2a-817 ,
11379 levy and collect property taxes only for the purpose of paying:
11380 (i) principal and interest of bonded indebtedness of the public transit district; or
11381 (ii) a final judgment against the public transit district if:
11382 (A) the amount of the judgment exceeds the amount of any collectable insurance or
11383 indemnity policy; and
11384 (B) the district is required by a final court order to levy a tax to pay the judgment;
11385 (c) insure against:
11386 (i) loss of revenues from damage to or destruction of some or all of a public transit
11387 system from any cause;
11388 (ii) public liability;
11389 (iii) property damage; or
11390 (iv) any other type of event, act, or omission;
11391 (d) acquire, contract for, lease, construct, own, operate, control, or use:
11392 (i) a right-of-way, rail line, monorail, bus line, station, platform, switchyard, terminal,
11393 parking lot, or any other facility necessary or convenient for public transit service; or
11394 (ii) any structure necessary for access by persons and vehicles;
11395 (e) (i) hire, lease, or contract for the supplying or management of a facility, operation,
11396 equipment, service, employee, or management staff of an operator; and
11397 (ii) provide for a sublease or subcontract by the operator upon terms that are in the
11398 public interest;
11399 (f) operate feeder bus lines and other feeder services as necessary;
11400 (g) accept a grant, contribution, or loan, directly through the sale of securities or
11401 equipment trust certificates or otherwise, from the United States, or from a department,
11402 instrumentality, or agency of the United States, to:

11403 (i) establish, finance, construct, improve, maintain, or operate transit facilities and
11404 equipment; or
11405 (ii) study and plan transit facilities in accordance with any legislation passed by
11406 Congress;
11407 (h) cooperate with and enter into an agreement with the state or an agency of the state
11408 to establish transit facilities and equipment or to study or plan transit facilities;
11409 (i) issue bonds as provided in and subject to Chapter 1, Part 11, Local District Bonds,
11410 to carry out the purposes of the district;
11411 (j) from bond proceeds or any other available funds, reimburse the state or an agency of
11412 the state for an advance or contribution from the state or state agency; and
11413 (k) do anything necessary to avail itself of any aid, assistance, or cooperation available
11414 under federal law, including complying with labor standards and making arrangements for
11415 employees required by the United States or a department, instrumentality, or agency of the
11416 United States.
11417 (2) A public transit district may be funded from any combination of federal, state, or
11418 local funds.
11419 (3) A public transit district may not acquire property by eminent domain.
11420 Section 332. Section 17B-2a-805 is enacted to read:
11421 17B-2a-805. Limitations on authority of a public transit district.
11422 (1) A public transit district may not exercise control over a transit facility owned or
11423 operated inside or outside the district by a governmental entity unless, upon mutually agreeable
11424 terms, the governmental entity consents.
11425 (2) (a) A public transit district may not establish, directly or indirectly, a public transit
11426 service or system, or acquire a facility necessary or incidental to a public transit service or
11427 system, in a manner or form that diverts, lessens, or competes for the patronage or revenue of a
11428 preexisting system of a publicly or privately owned public carrier furnishing like service, unless
11429 the district obtains the consent of the publicly or privately owned carrier.
11430 (b) A public transit district's maintenance and operation of an existing system that the
11431 district acquires from a publicly or privately owned public carrier may not be considered to be
11432 the establishment of a public transit service or system under this Subsection (2).
11433 Section 333. Section 17B-2a-806 is enacted to read:

11434 17B-2a-806. Authority of the state or an agency of the state with respect to a
11435 public transit district.
11436 (1) The state or an agency of the state may:
11437 (a) make public contributions to a public transit district as in the judgment of the
11438 Legislature or governing board of the agency are necessary or proper;
11439 (b) authorize a public transit district to perform, or aid and assist a public transit district
11440 in performing, an activity that the state or agency is authorized by law to perform.
11441 (2) (a) A county or municipality involved in the establishment and operation of a
11442 public transit district may provide funds necessary for the operation and maintenance of the
11443 district.
11444 (b) A county's use of property tax funds to establish and operate a public transit district
11445 within any part of the county is a county purpose under Section 17-53-220 .
11446 Section 334. Section 17B-2a-807 , which is renumbered from Section 17A-2-1038 is
11447 renumbered and amended to read:
11448 [17A-2-1038]. 17B-2a-807. Public transit district board of trustees --
11449 Appointment -- Apportionment -- Qualifications -- Quorum -- Compensation -- Terms.
11450 [(1) (a) All powers, privileges, and duties vested in any incorporated district shall be
11451 performed by a board of trustees.]
11452 [(b) The board may delegate the exercise of any duty to any of the offices created under
11453 this part.]
11454 [(2)] (1) (a) If 200,000 people or fewer reside within the [district] boundaries[: (a) (i)]
11455 of a public transit district, the board of trustees shall consist of[: (A)] members appointed by
11456 the legislative bodies of each municipality, county, or unincorporated area within any county on
11457 the basis of one member for each full unit of regularly scheduled passenger routes proposed to
11458 be served by the district in each municipality or unincorporated area within any county in the
11459 following calendar year[; and].
11460 [(B) for] (b) For purposes of determining membership under Subsection [(2)]
11461 (1)(a)[(i)(A)], the number of service miles comprising a unit shall be determined jointly by the
11462 legislative bodies of the municipalities or counties comprising the district[; and].
11463 [(ii) the] (c) The board of trustees of a public transit district under this Subsection (1)
11464 may [consist of] include a member that is a commissioner on the Transportation Commission

11465 created in Section 72-1-301 and appointed as provided in Subsection (10), who shall serve as a
11466 nonvoting, ex officio member[;].
11467 [(b) members] (d) Members appointed under this Subsection [(2)] (1) shall be
11468 appointed and added to the board or omitted from the board at the time scheduled routes are
11469 changed, or as municipalities, counties, or unincorporated areas of counties annex to or
11470 withdraw from the district using the same appointment procedures[; and].
11471 [(c) for] (e) For purposes of appointing members under this Subsection [(2)(b)] (1),
11472 municipalities, counties, and unincorporated areas of counties in which regularly scheduled
11473 passenger routes proposed to be served by the district in the following calendar year is less than
11474 a full unit, as defined in Subsection [(2)(a)] (1)(b), may combine with any other similarly
11475 situated municipality or unincorporated area to form a whole unit and may appoint one member
11476 for each whole unit formed.
11477 [(3)] (2) (a) If more than 200,000 people reside within the [district] boundaries of a
11478 public transit district, the board of trustees shall consist of 15 members appointed as described
11479 under this Subsection [(3)] (2) and one nonvoting, ex officio member appointed as provided in
11480 Subsection (10).
11481 (b) Except as provided [under] in Subsections [(3)] (2)(c) and [(3)](d), the board shall
11482 apportion voting members to each county within the district using an average of:
11483 (i) the proportion of population included in the district and residing within each county,
11484 rounded to the nearest 1/15 of the total transit district population; and
11485 (ii) the proportion of transit sales and use tax collected from areas included in the
11486 district and within each county, rounded to the nearest 1/15 of the total transit sales and use tax
11487 collected for the transit district.
11488 (c) The board shall join an entire or partial county not apportioned a voting member
11489 under this Subsection [(3)] (2) with an adjacent county for representation. The combined
11490 apportionment basis included in the district of both counties shall be used for the
11491 apportionment.
11492 (d) (i) If rounding to the nearest 1/15 of the total public transit district apportionment
11493 basis under Subsection [(3)] (2)(b) results in an apportionment of[: (i)] more than 15 members,
11494 the county or combination of counties with the smallest additional fraction of a whole member
11495 proportion shall have one less member apportioned to it[; or].

11496 (ii) If rounding to the nearest 1/15 of the total public transit district apportionment basis
11497 under Subsection (2)(b) results in an apportionment of less than 15 members, the county or
11498 combination of counties with the largest additional fraction of a whole member proportion shall
11499 have one more member apportioned to it.
11500 (e) If the population in the unincorporated area of a county is at least 1/15 of the
11501 district's population, the county executive, with the advice and consent of the county legislative
11502 body, shall appoint one voting member to represent each 1/15 of the district's population within
11503 a county's unincorporated area population.
11504 (f) If a municipality's population is at least 1/15 of the district's population, the chief
11505 municipal executive, with the advice and consent of the municipal legislative body, shall
11506 appoint one voting member to represent each 1/15 of the district's population within a
11507 municipality.
11508 (g) The number of voting members appointed from a county and municipalities within
11509 a county under Subsections [(3)] (2)(e) and (f) shall be subtracted from the county's total voting
11510 member apportionment under this Subsection [(3)] (2).
11511 (h) If the entire county is within the district, the remaining voting members for the
11512 county shall represent the county or combination of counties, if Subsection [(3)] (2)(c) applies,
11513 or the municipalities within the county.
11514 (i) If the entire county is not within the district, and the county is not joined with
11515 another county under Subsection [(3)] (2)(c), the remaining voting members for the county
11516 shall represent a municipality or combination of municipalities.
11517 (j) Except as provided under Subsections [(3)] (2)(e) and (f), voting members
11518 representing counties, combinations of counties if Subsection [(3)] (2)(c) applies, or
11519 municipalities within the county shall be designated and appointed by a simple majority of the
11520 chief executives of the municipalities within the county or combinations of counties if
11521 Subsection [(3)] (2)(c) applies. The appointments shall be made by joint written agreement of
11522 the appointing municipalities, with the consent and approval of the county legislative body of
11523 the county that has at least 1/15 of the district's apportionment basis.
11524 (k) Voting members representing a municipality or combination of municipalities shall
11525 be designated and appointed by the chief executive officer of the municipality or simple
11526 majority of chief executive officers of municipalities with the consent of the legislative body of

11527 the municipality or municipalities.
11528 (l) The appointment of voting members shall be made without regard to partisan
11529 political affiliation from among citizens in the community.
11530 (m) Each voting member shall be a bona fide resident of the municipality, county, or
11531 unincorporated area or areas which the voting member is to represent for at least six months
11532 before the date of appointment, and must continue in that residency to remain qualified to serve
11533 as a voting member.
11534 (n) (i) All population figures used under this section shall be derived from the most
11535 recent official census or census estimate of the United States Bureau of the Census.
11536 (ii) If population estimates are not available from the United States Bureau of Census,
11537 population figures shall be derived from the estimate from the Utah Population Estimates
11538 Committee.
11539 (iii) All transit sales and use tax totals shall be obtained from the State Tax
11540 Commission.
11541 (o) (i) The board shall be apportioned as provided under this section in conjunction with
11542 the decennial United States Census Bureau report every ten years.
11543 (ii) Within 120 days following the receipt of the population estimates under this
11544 Subsection [(5)(k)] (2)(o), the district shall reapportion representation on the board of trustees
11545 in accordance with this section.
11546 (iii) The board shall adopt by resolution a schedule reflecting the current and proposed
11547 apportionment.
11548 (iv) Upon adoption of the resolution, the board shall forward a copy of the resolution to
11549 each of its constituent entities as defined under Section [ 17A-1-501 ] 17B-1-701 .
11550 (v) The appointing entities gaining a new board member shall appoint a new member
11551 within 30 days following receipt of the resolution.
11552 (vi) The appointing entities losing a board member shall inform the board of which
11553 member currently serving on the board will step down upon appointment of a new member
11554 under Subsection [(5)(k)] (2)(o)(v).
11555 (3) Upon the completion of an annexation to a public transit district under Chapter 1,
11556 Part 4, Annexation, the annexed area shall have a representative on the board of trustees on the
11557 same basis as if the area had been included in the district as originally organized.

11558 (4) (a) Except the initial members of the board, the terms of office of the voting
11559 members of the board shall be two years or until a successor is appointed, qualified, seated, and
11560 has taken the oath of office.
11561 (b) At the first meeting of the initial members of the board held after July 1, 2004,
11562 voting members of the board shall designate by the drawing of lots for 1/2 of their number to
11563 serve for one-year terms and 1/2 for two-year terms.
11564 (c) A voting member may not be appointed for more than three successive full terms.
11565 (5) (a) Vacancies for voting members shall be filled by the official appointing the
11566 member creating the vacancy for the unexpired term, unless the official fails to fill the vacancy
11567 within 90 days.
11568 (b) If the appointing official under Subsection [(2)] (1) does not fill the vacancy within
11569 90 days, the board of trustees of the authority shall fill the vacancy.
11570 (c) If the appointing official under Subsection [(3)] (2) does not fill the vacancy within
11571 90 days, the governor, with the advice and consent of the Senate, shall fill the vacancy.
11572 (6) (a) Each voting member may cast one vote on all questions, orders, resolutions, and
11573 ordinances coming before the board of trustees.
11574 (b) A majority of all voting members of the board of trustees are a quorum for the
11575 transaction of business.
11576 (c) The affirmative vote of a majority of all voting members present at any meeting at
11577 which a quorum was initially present shall be necessary and, except as otherwise provided, is
11578 sufficient to carry any order, resolution, ordinance, or proposition before the board of trustees.
11579 (7) [The] Each public transit district shall pay to each voting member:
11580 (a) an attendance fee of $50 per board or committee meeting attended, not to exceed
11581 $200 in any calendar month to any voting member; and
11582 (b) reasonable mileage and expenses necessarily incurred to attend board or committee
11583 meetings.
11584 (8) (a) Members of the initial board of trustees shall convene at the time and place
11585 fixed by the chief executive officer of the entity initiating the proceedings.
11586 (b) Immediately upon convening, the board of trustees shall elect from its voting
11587 membership a president, vice president, and secretary who shall serve for a period of two years
11588 or until their successors shall be elected and qualified.

11589 (9) At the time of a voting member's appointment or during a voting member's tenure
11590 in office, a voting member may not hold any employment, except as an independent contractor
11591 or elected public official, with a county or municipality within the district.
11592 (10) The Transportation Commission created in Section 72-1-301 :
11593 (a) for a public transit [districts] district serving a population of 200,000 people or
11594 fewer, may appoint a commissioner of the Transportation Commission to serve on the board of
11595 trustees as a nonvoting, ex officio member; and
11596 (b) for a public transit [districts] district serving a population of more than 200,000
11597 people, shall appoint a commissioner of the Transportation Commission to serve on the board
11598 of trustees as a nonvoting, ex officio member.
11599 (11) (a) (i) Each member of the board of trustees of a public transit district is subject to
11600 recall at any time by the legislative body of the county or municipality from which the member
11601 is appointed.
11602 (ii) Each recall of a board of trustees member shall be made in the same manner as the
11603 original appointment.
11604 (iii) The legislative body recalling a board of trustees member shall provide written
11605 notice to the member being recalled.
11606 (b) Upon providing written notice to the board of trustees, a member of the board may
11607 resign from the board of trustees.
11608 (c) If a board member is recalled or resigns under this Subsection (11), the vacancy
11609 shall be filled as provided in Subsection (5).
11610 Section 335. Section 17B-2a-808 is enacted to read:
11611 17B-2a-808. Public transit district board of trustees powers and duties --
11612 Adoption of ordinances, resolutions, or orders -- Effective date of ordinances.
11613 (1) The powers and duties of a board of trustees of a public transit district stated in this
11614 section are in addition to the powers and duties stated in Section 17B-1-301 .
11615 (2) The board of trustees of each public transit district shall:
11616 (a) appoint and fix the salary of a general manager, as provided in Section 17B-2a-811 ;
11617 (b) determine the transit facilities that the district should acquire or construct;
11618 (c) supervise and regulate each transit facility that the district owns and operates,
11619 including:

11620 (i) fixing rates, fares, rentals, and charges and any classifications of rates, fares, rentals,
11621 and charges; and
11622 (ii) making and enforcing rules, regulations, contracts, practices, and schedules for or
11623 in connection with a transit facility that the district owns or controls;
11624 (d) control the investment of all funds assigned to the district for investment, including
11625 funds:
11626 (i) held as part of a district's retirement system; and
11627 (ii) invested in accordance with the participating employees' designation or direction
11628 pursuant to an employee deferred compensation plan established and operated in compliance
11629 with Section 457 of the Internal Revenue Code;
11630 (e) invest all funds according to the procedures and requirements of Title 51, Chapter
11631 7, State Money Management Act;
11632 (f) if a custodian is appointed under Subsection (3)(d), pay the fees for the custodian's
11633 services from the interest earnings of the investment fund for which the custodian is appointed;
11634 (g) (i) cause an annual audit of all district books and accounts to be made by an
11635 independent certified public accountant;
11636 (ii) as soon as practicable after the close of each fiscal year, submit to the chief
11637 administrative officer and legislative body of each county and municipality with territory
11638 within the district a financial report showing:
11639 (A) the result of district operations during the preceding fiscal year; and
11640 (B) the district's financial status on the final day of the fiscal year; and
11641 (iii) supply copies of the report under Subsection (2)(g)(ii) to the general public upon
11642 request in a quantity that the board considers appropriate; and
11643 (h) report at least annually to the Transportation Commission created in Section
11644 72-1-301 the district's short-term and long-range public transit plans, including the transit
11645 portions of applicable regional transportation plans adopted by a metropolitan planning
11646 organization established under 23 U.S.C. Sec. 134.
11647 (3) A board of trustees of a public transit district may:
11648 (a) subject to Subsection (5), make and pass ordinances, resolutions, and orders that
11649 are:
11650 (i) not repugnant to the United States Constitution, the Utah Constitution, or the

11651 provisions of this part; and
11652 (ii) necessary for:
11653 (A) the government and management of the affairs of the district;
11654 (B) the execution of district powers; and
11655 (C) carrying into effect the provisions of this part;
11656 (b) provide by resolution, under terms and conditions the board considers fit, for the
11657 payment of demands against the district without prior specific approval by the board, if the
11658 payment is:
11659 (i) for a purpose for which the expenditure has been previously approved by the board;
11660 (ii) in an amount no greater than the amount authorized; and
11661 (iii) approved by the general manager or other officer or deputy as the board prescribes;
11662 (c) (i) hold public hearings and subpoena witnesses; and
11663 (ii) appoint district officers to conduct a hearing and require the officers to make
11664 findings and conclusions and report them to the board; and
11665 (d) appoint a custodian for the funds and securities under its control, subject to
11666 Subsection (2)(f).
11667 (4) A member of the board of trustees of a public transit district or a hearing officer
11668 designated by the board may administer oaths and affirmations in a district investigation or
11669 proceeding.
11670 (5) (a) The vote of the board of trustees on each ordinance shall be by roll call vote
11671 with each affirmative and negative vote recorded.
11672 (b) (i) Subject to Subsection (5)(b)(ii), the board of trustees may adopt a resolution or
11673 order by voice vote.
11674 (ii) The vote of the board of trustees on a resolution or order shall be by roll call vote if
11675 a member of the board so demands.
11676 (c) (i) Except as provided in Subsection (5)(c)(ii), the board of trustees of a public
11677 transit district may not adopt an ordinance unless it is:
11678 (A) introduced at least a day before the board of trustees adopts it; or
11679 (B) mailed by registered mail, postage prepaid, to each member of the board of trustees
11680 at least five days before the day upon which the ordinance is presented for adoption.
11681 (ii) Subsection (5)(c)(i) does not apply if the ordinance is adopted by a unanimous vote

11682 of all board members present at a meeting at which at least 3/4 of all board members are
11683 present.
11684 (d) Each ordinance adopted by a public transit district's board of trustees shall take
11685 effect upon adoption, unless the ordinance provides otherwise.
11686 Section 336. Section 17B-2a-809 , which is renumbered from Section 17A-2-1060.1 is
11687 renumbered and amended to read:
11688 [17A-2-1060.1]. 17B-2a-809. Public transit districts to submit agendas and
11689 minutes of board meetings.
11690 (1) The board of trustees of each public transit district shall submit to each constituent
11691 entity, as defined in Section [ 17A-1-501 ] 17B-1-701 :
11692 (a) a copy of the board agenda and a notice of the location and time of the board
11693 meeting within the same time frame provided to members of the board prior to the meeting;
11694 and
11695 (b) a copy of the minutes of board meetings within five working days following
11696 approval of the minutes.
11697 (2) The board may submit notices, agendas, and minutes by electronic mail if agreed to
11698 by the constituent entity as defined under Section [ 17A-1-501 ] 17B-1-701 .
11699 Section 337. Section 17B-2a-810 is enacted to read:
11700 17B-2a-810. Officers of a public transit district.
11701 (1) (a) The officers of a public transit district shall consist of:
11702 (i) the members of the board of trustees;
11703 (ii) a president and vice president, appointed by the board of trustees, subject to
11704 Subsection (1)(b);
11705 (iii) a secretary, appointed by the board of trustees;
11706 (iv) a general manager, appointed by the board of trustees as provided in Section
11707 17B-2a-811 ;
11708 (v) a general counsel, appointed by the board of trustees, subject to Subsection (1)(c);
11709 (vi) a treasurer, appointed as provided in Section 17B-1-633 ;
11710 (vii) a comptroller, appointed by the board of trustees, subject to Subsection (1)(d); and
11711 (viii) other officers, assistants, and deputies that the board of trustees considers
11712 necessary.

11713 (b) The district president and vice president shall be members of the board of trustees.
11714 (c) The person appointed as general counsel shall:
11715 (i) be admitted to practice law in the state; and
11716 (ii) have been actively engaged in the practice of law for at least seven years next
11717 preceding the appointment.
11718 (d) The person appointed as comptroller shall have been actively engaged in the
11719 practice of accounting for at least seven years next preceding the appointment.
11720 (2) (a) The district's general manager shall appoint all officers and employees not
11721 specified in Subsection (1).
11722 (b) Each officer and employee appointed by the district's general manager serves at the
11723 pleasure of the general manager.
11724 (3) The board of trustees shall by ordinance or resolution fix the compensation of all
11725 district officers and employees, except as otherwise provided in this part.
11726 (4) (a) Each officer appointed by the board of trustees or by the district's general
11727 manager shall take the oath of office specified in Utah Constitution Article IV, Section 10.
11728 (b) Each oath under Subsection (4)(a) shall be subscribed and filed with the district
11729 secretary no later than 15 days after the commencement of the officer's term of office.
11730 Section 338. Section 17B-2a-811 is enacted to read:
11731 17B-2a-811. General manager of a public transit district.
11732 (1) (a) The board of trustees of a public transit district shall appoint a person as a
11733 general manager.
11734 (b) The appointment of a general manager shall be by the affirmative vote of a majority
11735 of all members of the board of trustees.
11736 (c) The board's appointment of a person as general manager shall be based on the
11737 person's qualifications, with special reference to the person's actual experience in or knowledge
11738 of accepted practices with respect to the duties of the office.
11739 (d) A person appointed as general manager of a public transit district is not required to
11740 be a resident of the state at the time of appointment.
11741 (2) Each general manager of a public transit district shall:
11742 (a) be a full-time officer and devote full time to the district's business;
11743 (b) ensure that all district ordinances are enforced;

11744 (c) prepare and submit to the board of trustees, as soon as practical but not less than 45
11745 days after the end of each fiscal year, a complete report on the district's finances and
11746 administrative activities for the preceding year;
11747 (d) keep the board of trustees advised as to the district's needs;
11748 (e) prepare or cause to be prepared all plans and specifications for the construction of
11749 district works;
11750 (f) cause to be installed and maintained a system of auditing and accounting that
11751 completely shows the district's financial condition at all times; and
11752 (g) attend meetings of the board of trustees.
11753 (3) A general manager of a public transit district:
11754 (a) serves at the pleasure of the board of trustees;
11755 (b) holds office for an indefinite term;
11756 (c) may be removed by the board of trustees upon the adoption of a resolution by the
11757 affirmative vote of a majority of all members of the board, subject to Subsection (5);
11758 (d) has full charge of:
11759 (i) the acquisition, construction, maintenance, and operation of district facilities; and
11760 (ii) the administration of the district's business affairs;
11761 (e) is entitled to participate in the deliberations of the board of trustees as to any matter
11762 before the board; and
11763 (f) may not vote at a meeting of the board of trustees.
11764 (4) The board of trustees may not reduce the general manager's salary below the
11765 amount fixed at the time of original appointment unless:
11766 (a) the board adopts a resolution by a vote of a majority of all members; and
11767 (b) if the general manager demands in writing, the board gives the general manager the
11768 opportunity to be publicly heard at a meeting of the board before the final vote on the
11769 resolution reducing the general manager's salary.
11770 (5) (a) Before adopting a resolution providing for a general manager's removal as
11771 provided in Subsection (3)(c), the board shall, if the manager makes a written demand:
11772 (i) give the general manager a written statement of the reasons alleged for the general
11773 manager's removal; and
11774 (ii) allow the general manager to be publicly heard at a meeting of the board of trustees.

11775 (b) Notwithstanding Subsection (5)(a), the board of trustees of a public transit district
11776 may suspend a general manager from office pending and during a hearing under Subsection
11777 (5)(a)(ii).
11778 (6) The action of a board of trustees suspending or removing a general manager or
11779 reducing the general manager's salary is final.
11780 Section 339. Section 17B-2a-812 is enacted to read:
11781 17B-2a-812. Comptroller required to provide statement of revenues and
11782 expenditures.
11783 The comptroller of each public transit district shall, as soon as possible after the close
11784 of each fiscal year:
11785 (1) prepare a statement of revenues and expenditures for the fiscal year just ended, in
11786 the detail that the board of trustees prescribes; and
11787 (2) transit a copy of the statement to the chief executive officer of:
11788 (a) each municipality within the district; and
11789 (b) each county with unincorporated area within the district.
11790 Section 340. Section 17B-2a-813 is enacted to read:
11791 17B-2a-813. Rights, benefits, and protective conditions for employees of a public
11792 transit district -- Employees of an acquired transit system.
11793 (1) The rights, benefits, and other employee protective conditions and remedies of
11794 Section 13(c) of the Urban Mass Transportation Act of 1964, 49 U.S.C. Sec. 5333(b), as
11795 determined by the Secretary of Labor, apply to:
11796 (a) a public transit district's establishment and operation of a public transit service or
11797 system; and
11798 (b) a lease, contract, or other arrangement that a public transit district enters into for the
11799 operation of a public transit service or system.
11800 (2) (a) Employees of a public transit system established and operated by a public transit
11801 district have the right to:
11802 (i) self-organization;
11803 (ii) form, join, or assist labor organizations; and
11804 (iii) bargain collectively through representatives of their own choosing.
11805 (b) Employees of a public transit district and labor organizations may not join in a

11806 strike against the public transit system operated by the public transit district.
11807 (c) Each public transit district shall:
11808 (i) recognize and bargain exclusively with any labor organization representing a
11809 majority of the district's employees in an appropriate unit with respect to wages, salaries, hours,
11810 working conditions, and welfare, pension, and retirement provisions; and
11811 (ii) upon reaching agreement with the labor organization, enter into and execute a
11812 written contract incorporating the agreement.
11813 (3) If a public transit district acquires an existing public transit system:
11814 (a) all employees of the acquired system who are necessary for the operation of the
11815 acquired system, except executive and administrative officers and employees, shall be:
11816 (i) transferred to and appointed employees of the acquiring public transit district; and
11817 (ii) given sick leave, seniority, vacation, and pension or retirement credits in
11818 accordance with the acquired system's records; and
11819 (b) members and beneficiaries of a pension or retirement plan or other program of
11820 benefits that the acquired system has established shall continue to have rights, privileges,
11821 benefits, obligations, and status with respect to that established plan or program; and
11822 (c) the public transit district may establish, amend, or modify, by agreement with
11823 employees or their authorized representatives, the terms, conditions, and provisions of a
11824 pension or retirement plan or of an amendment or modification of a pension or retirement plan.
11825 Section 341. Section 17B-2a-814 , which is renumbered from Section 17A-2-1050 is
11826 renumbered and amended to read:
11827 [17A-2-1050]. 17B-2a-814. Conflict of interests prohibited -- Disclosure --
11828 Violation -- Penalty.
11829 (1) As used in this section, "relative" means [any] a parent, spouse, child, grandparent,
11830 grandchild, great grandparent, great grandchild, or sibling of a trustee, officer, or employee.
11831 (2) Except as provided in this section, a trustee [or any other], officer, or employee of
11832 [the] a public transit district may not be interested in any manner, directly or indirectly, in [any]
11833 a contract or in the profits derived from [any] a contract:
11834 (a) awarded by the board of trustees; or
11835 (b) made by [any] an officer or employee pursuant to discretionary authority vested in
11836 [him] the officer or employee.

11837 (3) Notwithstanding Subsection (2), [when] if a trustee [or other], officer, or employee
11838 of [the] a public transit district is a stockholder, bondholder, director, or other officer or
11839 employee of a corporation contracting with the district, the district may contract with that
11840 corporation for its general benefit unless the trustee, officer, or employee of the district owns or
11841 controls, directly or indirectly, stock or bonds in an amount greater than 5% of the total amount
11842 of outstanding stock or bonds.
11843 (4) (a) (i) A trustee, officer, or employee of [the] a public transit district who has, or
11844 whose relative has, a substantial interest in [any] a contract with, sale to, purchase from, or
11845 service to the district shall disclose that interest to the board of trustees of the district in a
11846 public meeting of the board.
11847 (ii) The board of trustees of the district shall disclose that interest in the minutes of its
11848 meeting.
11849 (b) A trustee, officer, or employee of [the] a public transit district who has, or whose
11850 relative has, a substantial interest in [any] a contract with, sale to, purchase from, or service to
11851 the district may not vote upon or otherwise participate in any manner as a trustee, officer, or
11852 employee in the contract, sale, [or] purchase, or service.
11853 (5) A trustee, officer, or employee of [the] a public transit district, in contemplation of
11854 official action by [himself] the trustee, officer, or employee or by the district or in reliance on
11855 information to which [he] the trustee, officer, or employee has access in [his] an official
11856 capacity and which has not been made public, commits misuse of official information if [he]
11857 the trustee, officer, or employee:
11858 (a) acquires a pecuniary interest in any property, transaction, or enterprise that may be
11859 affected by the information or official action;
11860 (b) speculates or wagers on the basis of the information or official action; or
11861 (c) aids, advises, or encourages another to do so with intent to confer upon any person a
11862 special pecuniary benefit.
11863 (6) Each trustee, officer, and employee who violates this section:
11864 (a) is guilty of a class B misdemeanor; and
11865 (b) if convicted, [his] shall be terminated from board appointment or district
11866 employment [is terminated].
11867 Section 342. Section 17B-2a-815 is enacted to read:

11868 17B-2a-815. Rates and charges for service.
11869 (1) The board of trustees of a public transit district shall fix rates and charges for
11870 service provided by the district by a two-thirds vote of all board members.
11871 (2) Rates and charges shall:
11872 (a) be reasonable; and
11873 (b) to the extent practicable:
11874 (i) result in enough revenue to make the public transit system self supporting; and
11875 (ii) be sufficient to:
11876 (A) pay for district operating expenses;
11877 (B) provide for repairs, maintenance, and depreciation of works and property that the
11878 district owns or operates;
11879 (C) provide for the purchase, lease, or acquisition of property and equipment;
11880 (D) pay the interest and principal of bonds that the district issues; and
11881 (E) pay for contracts, agreements, leases, and other legal liabilities that the district
11882 incurs.
11883 Section 343. Section 17B-2a-816 is enacted to read:
11884 17B-2a-816. Hearing on a rate or charge or a proposal to fix the location of
11885 district facilities.
11886 (1) (a) The legislative body of a county or municipality with territory within a public
11887 transit district may, on behalf of a person who is a resident of the county or municipality,
11888 respectively, and who is a user of a public transit system operated by the public transit district,
11889 file a request for a hearing before the public transit district's board of trustees as to:
11890 (i) the reasonableness of a rate or charge fixed by the board of trustees; or
11891 (ii) a proposal for fixing the location of district facilities.
11892 (b) Each request under Subsection (1)(a) shall:
11893 (i) be in writing;
11894 (ii) be filed with the board of trustees of the public transit district; and
11895 (iii) state the subject matter on which a hearing is requested.
11896 (2) (a) At least 15 but not more than 60 days after a request under Subsection (1)(a) is
11897 filed, the public transit district's board of trustees shall hold a hearing on, as the case may be:
11898 (i) the reasonableness of a rate or charge fixed by the board of trustees; or

11899 (ii) a proposal for fixing the location of district facilities.
11900 (b) The public transit district board of trustees shall provide notice of the hearing by:
11901 (i) mailing, postage prepaid, a notice to:
11902 (A) the county or municipality requesting the hearing; and
11903 (B) the legislative body of each other county and municipality with territory within the
11904 public transit district; and
11905 (ii) once publishing a notice.
11906 (3) At each hearing under Subsection (2)(a):
11907 (a) the legislative body of a county or municipality may intervene, be heard, and
11908 introduce evidence if the county or municipality:
11909 (i) is eligible to file a request for hearing under Subsection (1); and
11910 (ii) did not file a request for hearing;
11911 (b) the public transit district, the county or municipality that filed the request for
11912 hearing, and an intervening county or municipality under Subsection (3)(a) may:
11913 (i) call and examine witnesses;
11914 (ii) introduce exhibits;
11915 (iii) cross-examine opposing witnesses on any matter relevant to the issues, even
11916 though the matter was not covered in direct examination; and
11917 (iv) rebut evidence introduced by others;
11918 (c) evidence shall be taken on oath or affirmation;
11919 (d) technical rules of evidence need not be followed, regardless of the existence of a
11920 common law or statutory rule that makes improper the admission of evidence over objection in
11921 a civil action;
11922 (e) hearsay evidence is admissible in order to supplement or explain direct evidence,
11923 but is not sufficient in itself to support a finding unless it would be admissible over objection in
11924 a civil action; and
11925 (f) the public transit district board of trustees shall appoint a reporter to take a complete
11926 record of all proceedings and testimony before the board.
11927 (4) (a) Within 60 days after the conclusion of a hearing under Subsection (2)(a), the
11928 public transit district board of trustees shall render its decision in writing, together with written
11929 findings of fact.

11930 (b) The board of trustees shall mail by certified mail, postage prepaid, a copy of the
11931 decision and findings to:
11932 (i) the county or municipality that filed a request under Subsection (1); and
11933 (ii) each county and municipality that intervened under Subsection (3)(a).
11934 (5) In any action to review a decision of a public transit district board of trustees under
11935 this section, the record on review shall consist of:
11936 (a) the written request for hearing, the transcript of the testimony at the hearing, and all
11937 exhibits introduced at the hearing; or
11938 (b) if the parties stipulate in writing:
11939 (i) the evidence specified in the stipulation; and
11940 (ii) the written stipulation itself.
11941 Section 344. Section 17B-2a-817 is enacted to read:
11942 17B-2a-817. Public transit district tax limit.
11943 In addition to a property tax under Section 17B-1-1103 to pay general obligation bonds
11944 of the district, a public transit district may levy a property tax, as provided in and subject to
11945 Chapter 1, Part 10, Local District Property Tax Levy, if:
11946 (1) the district first submits the proposal to levy the property tax to voters within the
11947 district; and
11948 (2) a majority of voters within the district voting on the proposal vote in favor of the
11949 tax at an election held for that purpose.
11950 Section 345. Section 17B-2a-818 is enacted to read:
11951 17B-2a-818. Requirements applicable to public transit district contracts.
11952 (1) If the expenditure required to construct district facilities or works exceeds $25,000,
11953 the construction shall be let as provided in Title 63, Chapter 56, Utah Procurement Code.
11954 (2) (a) The board of trustees of a public transit district shall advertise each bid or
11955 proposal through public notice as the board determines.
11956 (b) A notice under Subsection (2)(a) may:
11957 (i) include publication in:
11958 (A) a newspaper of general circulation in the district;
11959 (B) a trade journal; or
11960 (C) other method determined by the board; and

11961 (ii) be made at least once, not less than ten days before the expiration of the period
11962 within which bids or proposals are received.
11963 (3) (a) The board of trustees may, in its discretion:
11964 (i) reject any or all bids or proposals; and
11965 (ii) readvertise or give notice again.
11966 (b) If, after rejecting bids or proposals, the board of trustees determines and declares by
11967 a two-thirds vote of all members present that in the board's opinion the supplies, equipment,
11968 and materials may be purchased at a lower price in the open market, the board may purchase
11969 the supplies, equipment, and materials in the open market, notwithstanding any provisions
11970 requiring contracts, bids, proposals, advertisement, or notice.
11971 (4) The board of trustees of a public transit district may let a contract without
11972 advertising for or inviting bids if:
11973 (a) the board finds, upon a two-thirds vote of all members present, that a repair,
11974 alteration, or other work or the purchase of materials, supplies, equipment, or other property is
11975 of urgent necessity; or
11976 (b) the district's general manager certifies by affidavit that there is only one source for
11977 the required supplies, equipment, materials, or construction items.
11978 (5) If a public transit district retains or withholds any payment on a contract with a
11979 private contractor to construct facilities under this section, the board shall retain or withhold
11980 and release the payment as provided in Section 13-8-5 .
11981 Section 346. Section 17B-2a-819 is enacted to read:
11982 17B-2a-819. Compliance with state and local laws and regulations.
11983 (1) Each public transit district is subject to department regulations relating to safety
11984 appliances and procedures.
11985 (2) (a) Each installation by a public transit district in a state highway or freeway is
11986 subject to the approval of the department.
11987 (b) There is a presumption that the use of a street, road, highway, or other public place
11988 by a public transit district for any of the purposes permitted in this part constitutes no greater
11989 burden on an adjoining property than the use existing on July 9, 1969.
11990 (c) If a street, road, or highway, excluding a state highway or freeway, or a pipeline,
11991 sewer, water main, storm drain, pole, or communication wire is required to be relocated,

11992 replaced, or altered in order for a public transit district to construct or operate its system or to
11993 preserve and maintain an already constructed district facility:
11994 (i) the public or private owner of the facility required to be relocated, replaced, or
11995 altered shall relocate, replace, or alter the facility with reasonable promptness; and
11996 (ii) the public transit district shall, by prior agreement, reimburse the owner for the
11997 reasonable cost incurred in the relocation, replacement, or alteration.
11998 (d) (i) A public transit district may enter into an agreement with a county or
11999 municipality to:
12000 (A) close a street or road over which the county or municipality has jurisdiction at or
12001 near the point of its interception with a district facility; or
12002 (B) carry the street or road over or under or to a connection with a district facility.
12003 (ii) A public transit district may do all work on a street or road under Subsection
12004 (2)(d)(i) as is necessary.
12005 (iii) A street or road may not be closed, directly or indirectly, by the construction of a
12006 district facility unless the closure is:
12007 (A) pursuant to agreement under Subsection (2)(d)(i); or
12008 (B) temporarily necessary during the construction of a district facility.
12009 (3) Each public transit district is subject to the laws and regulations of the state and
12010 each applicable municipality relating to traffic and operation of vehicles upon streets and
12011 highways.
12012 Section 347. Section 17B-2a-820 is enacted to read:
12013 17B-2a-820. Authority for other governmental entities to acquire property by
12014 eminent domain for a public transit district.
12015 The state, a county, or a municipality may, by eminent domain under Title 78, Chapter
12016 34, Eminent Domain, acquire within its boundaries a private property interest, including fee
12017 simple, easement, air right, right-of-way, or other interest, necessary for the establishment or
12018 operation of a public transit district.
12019 Section 348. Section 17B-2a-821 , which is renumbered from Section 17A-2-1061 is
12020 renumbered and amended to read:
12021 [17A-2-1061]. 17B-2a-821. Failure to pay fare -- Infraction -- Multicounty
12022 district may establish and enforce parking ordinance.

12023 (1) A person may not ride a transit vehicle without payment of the applicable fare
12024 established by the public transit district that operates the transit vehicle.
12025 (2) A person who violates Subsection (1) is guilty of an infraction.
12026 (3) The [governing body] board of trustees of a multicounty district may adopt an
12027 ordinance governing parking of vehicles at a transit facility, including the imposition of a fine
12028 or civil penalty for a violation of the ordinance.
12029 Section 349. Section 17B-2a-822 , which is renumbered from Section 17A-2-1062 is
12030 renumbered and amended to read:
12031 [17A-2-1062]. 17B-2a-822. Multicounty district may employ or contract for
12032 law enforcement officers -- Law enforcement officer status, powers, and jurisdiction.
12033 (1) The [governing body] board of trustees of a multicounty district may employ law
12034 enforcement officers or contract with other law enforcement agencies to provide law
12035 enforcement services for the district.
12036 (2) A law enforcement officer employed or provided by contract under Subsection (1)
12037 is a law enforcement officer under Section 53-13-103 and shall be subject to the provisions of
12038 that section.
12039 (3) Subject to the provisions of Section 53-13-103 , the jurisdiction of a law
12040 enforcement officer employed under this section is limited to transit facilities and transit
12041 vehicles.
12042 Section 350. Section 17B-2a-823 , which is renumbered from Section 17A-2-1063 is
12043 renumbered and amended to read:
12044 [17A-2-1063]. 17B-2a-823. Public transit district special services.
12045 (1) As used in this section, "bureau" means a recreational, tourist, or convention bureau
12046 established under Section 17-31-2 .
12047 (2) (a) A public transit district may lease its buses to private certified public carriers or
12048 operate transit services requested by a [governmental] public entity [when] if a bureau certifies
12049 that privately owned carriers furnishing like services or operating like equipment within the
12050 area served by the bureau:
12051 (i) have declined to provide the service; or
12052 (ii) do not have the equipment necessary to provide the service.
12053 (b) A public transit district may lease its buses or operate services as authorized under

12054 Subsection (2)(a) outside of the area served by the district.
12055 (3) [A] If part or all of the transportation services are paid for by public funds, a public
12056 transit district may:
12057 (a) provide school bus services for transportation of pupils and supervisory personnel
12058 between homes and school and other related school activities within the area served by the
12059 district[,]; or [may]
12060 (b) provide the transportation of passengers covered by an elderly or disabled persons
12061 program within the district [where all or part of the transportation services are paid for by
12062 public funds].
12063 (4) Notwithstanding the provisions in Subsection (3), a municipality or county is not
12064 prohibited from providing the transportation services identified in Subsection (3).
12065 Section 351. Section 17B-2a-824 is enacted to read:
12066 17B-2a-824. Property acquired on behalf of a public transit district.
12067 (1) Title to property acquired on behalf of a public transit district under this part
12068 immediately and by operation of law vests in the public transit district.
12069 (2) Property described in Subsection (1) is dedicated and set apart for the purposes set
12070 forth in this part.
12071 Section 352. Section 17B-2a-901 is enacted to read:
12072 Part 9. Service Area Act
12073 17B-2a-901. Title.
12074 This part is known as the "Service Area Act."
12075 Section 353. Section 17B-2a-902 is enacted to read:
12076 17B-2a-902. Applicability of this part to service areas.
12077 (1) Each service area is governed by and has the powers stated in:
12078 (a) this part; and
12079 (b) Chapter 1, Provisions Applicable to All Local Districts.
12080 (2) This part applies only to service areas.
12081 (3) A service area is not subject to the provisions of any other part of this chapter.
12082 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
12083 Local Districts, and a provision in this part, the provision in this part governs.
12084 Section 354. Section 17B-2a-903 is enacted to read:

12085 17B-2a-903. Additional general powers of service areas.
12086 In addition to the powers conferred on a service area under Section 17B-1-103 , a
12087 service area:
12088 (1) may issue bonds as provided in and subject to Chapter 1, Part 11, Local District
12089 Bonds, to carry out the purposes of the district;
12090 (2) that, until April 30, 2007, was a regional service area, may provide park, recreation,
12091 or parkway services, or any combination of those services; and
12092 (3) may, with the consent of the county in which the service area is located, provide
12093 planning and zoning service.
12094 Section 355. Section 17B-2a-904 is enacted to read:
12095 17B-2a-904. Regional service areas to become service areas -- Change from
12096 regional service area to service area not to affect rights, obligations, or property of
12097 former regional service area.
12098 (1) Each regional service area, created and operating under the law in effect before
12099 April 30, 2007, becomes on that date a service area, governed by and subject to Chapter 1,
12100 Provisions Applicable to All Local Districts, and this part.
12101 (2) The change of an entity from a regional service area to a service area under
12102 Subsection (1) does not affect:
12103 (a) the entity's basic structure and operations or its nature as a body corporate and
12104 politic and a political subdivision of the state;
12105 (b) the ability of the entity to provide the service that the entity:
12106 (i) was authorized to provide before the change; and
12107 (ii) provided before the change;
12108 (c) the validity of the actions taken, bonds issued, or contracts or other obligations
12109 entered into by the entity before the change;
12110 (d) the ability of the entity to continue to impose and collect taxes, fees, and other
12111 charges for the service it provides;
12112 (e) the makeup of the board of trustees;
12113 (f) the entity's ownership of property acquired before the change; or
12114 (g) any other powers, rights, or obligations that the entity had before the change, except
12115 as modified by this part.

12116 Section 356. Section 17B-2a-905 is enacted to read:
12117 17B-2a-905. Service area board of trustees.
12118 (1) (a) Except as provided in Subsection (2):
12119 (i) the initial board of trustees of a service area located entirely within the
12120 unincorporated area of a single county may, as stated in the petition or resolution that initiated
12121 the process of creating the service area:
12122 (A) consist of the county legislative body;
12123 (B) be appointed, as provided in Section 17B-1-304 ; or
12124 (C) be elected, as provided in Section 17B-1-306 ;
12125 (ii) if the board of trustees of a service area consists of the county legislative body, the
12126 board may adopt a resolution providing for future board members to be appointed, as provided
12127 in Section 17B-1-304 , or elected, as provided in Section 17B-1-306 ; and
12128 (iii) members of the board of trustees of a service area shall be elected, as provided in
12129 Section 17B-1-306 , if:
12130 (A) the service area is not entirely within the unincorporated area of a single county;
12131 (B) a petition is filed with the board of trustees requesting that board members be
12132 elected, and the petition is signed by registered voters within the service area equal in number
12133 to at least 10% of the number of registered voters within the service area who voted at the last
12134 gubernatorial election; or
12135 (C) an election is held to authorize the service area's issuance of bonds.
12136 (b) If members of the board of trustees of a service area are required to be elected under
12137 Subsection (1)(a)(iii)(C) because of a bond election:
12138 (i) board members shall be elected in conjunction with the bond election;
12139 (ii) the board of trustees shall:
12140 (A) establish a process to enable potential candidates to file a declaration of candidacy
12141 sufficiently in advance of the election; and
12142 (B) provide a ballot for the election of board members separate from the bond ballot;
12143 and
12144 (iii) except as provided in this Subsection (1)(b), the election shall be held as provided
12145 in Section 17B-1-306 .
12146 (2) (a) This Subsection (2) applies to a service area created on or after May 5, 2003 if:

12147 (i) the service area was created to provide fire protection, paramedic, and emergency
12148 services; and
12149 (ii) in the creation of the service area, an election was not required under Subsection
12150 17B-1-214 (3)(c).
12151 (b) (i) Each county whose unincorporated area is included within a service area
12152 described in Subsection (2)(a), whether in conjunction with the creation of the service area or
12153 by later annexation, shall appoint three members to the board of trustees.
12154 (ii) Each municipality whose area is included within a service area described in
12155 Subsection (2)(a), whether in conjunction with the creation of the service area or by later
12156 annexation, shall appoint one member to the board of trustees.
12157 (iii) Each member appointed by a county or municipality under Subsection (2)(b)(i) or
12158 (ii) shall be an elected official of the appointing county or municipality, respectively.
12159 (c) Notwithstanding Subsection 17B-1-302 (2), the number of members of a board of
12160 trustees of a service area described in Subsection (2)(a) shall be the number resulting from
12161 application of Subsection (2)(b).
12162 Section 357. Section 17B-2a-906 is enacted to read:
12163 17B-2a-906. Dividing a service area into divisions.
12164 (1) Subject to Subsection (2), the board of trustees of a service area may, upon a vote
12165 of two-thirds of the members of the board, divide the service area into divisions so that some or
12166 all of the members of the board of trustees may be elected by division rather than at large.
12167 (2) Before dividing a service area into divisions under Subsection (1) or before
12168 changing the boundaries of divisions already established, the board of trustees shall:
12169 (a) prepare a proposal that describes the boundaries of the proposed divisions; and
12170 (b) hold a public hearing at which any interested person may appear and speak for or
12171 against the proposal.
12172 (3) (a) The board of trustees shall review the division boundaries at least every ten
12173 years.
12174 (b) Except for changes in the divisions necessitated by annexations to or withdrawals
12175 from the service area, the boundaries of divisions established under Subsection (1) may not be
12176 changed more often than every five years.
12177 (c) Changes to the boundaries of divisions already established under Subsection (1) are

12178 not subject to the two-thirds vote requirement of Subsection (1).
12179 Section 358. Section 17B-2a-907 , which is renumbered from Section 17A-2-413 is
12180 renumbered and amended to read:
12181 [17A-2-413]. 17B-2a-907. Adding a new service within a service area.
12182 A [county] service area may begin to provide within the boundaries of the [county]
12183 service area a service that it had not previously provided by using the procedures set forth in
12184 [Title 17B,] Chapter [2] 1, Part 2, Creation of a Local [Districts] District, for the creation of a
12185 [county] service area as though a new [county] service area were being created to provide that
12186 service.
12187 Section 359. Section 17B-2a-1001 is enacted to read:
12188 Part 10. Water Conservancy District Act
12189 17B-2a-1001. Title.
12190 This part is known as the "Water Conservancy District Act."
12191 Section 360. Section 17B-2a-1002 is enacted to read:
12192 17B-2a-1002. Legislative intent -- Purpose of water conservancy districts.
12193 (1) It is the intent of the Legislature and the policy of the state to:
12194 (a) provide for the conservation and development of the water and land resources of the
12195 state;
12196 (b) provide for the greatest beneficial use of water within the state;
12197 (c) control and make use of all unappropriated waters in the state and to apply those
12198 waters to direct and supplemental beneficial uses including domestic, manufacturing, irrigation,
12199 and power;
12200 (d) obtain from water in the state the highest duty for domestic uses and irrigation of
12201 lands in the state within the terms of applicable interstate compacts and other law;
12202 (e) cooperate with the United States and its agencies under federal reclamation or other
12203 laws and to construct, finance, operate, and maintain works in the state; and
12204 (f) promote the greater prosperity and general welfare of the people of the state by
12205 encouraging the organization of water conservancy districts.
12206 (2) The creation and operation of water conservancy districts are a public use to help
12207 accomplish the intent and policy stated in Subsection (1) and will:
12208 (a) be essentially for the benefit and advantage of the people of the state;

12209 (b) indirectly benefit all industries of the state;
12210 (c) indirectly benefit the state by increasing the value of taxable property in the state;
12211 (d) directly benefit municipalities by providing adequate supplies of water for domestic
12212 use;
12213 (e) directly benefit lands to be irrigated or drained;
12214 (f) directly benefit lands now under irrigation by stabilizing the flow of water in
12215 streams and by increasing flow and return flow of water to those streams; and
12216 (g) promote the comfort, safety, and welfare of the people of the state.
12217 Section 361. Section 17B-2a-1003 is enacted to read:
12218 17B-2a-1003. Applicability of this part to water conservancy districts.
12219 (1) Each water conservancy district is governed by and has the powers stated in:
12220 (a) this part; and
12221 (b) Chapter 1, Provisions Applicable to All Local Districts.
12222 (2) This part applies only to water conservancy districts.
12223 (3) A water conservancy district is not subject to the provisions of any other part of this
12224 chapter.
12225 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
12226 Local Districts, and a provision in this part, the provision in this part governs.
12227 Section 362. Section 17B-2a-1004 is enacted to read:
12228 17B-2a-1004. Powers and duties of water conservancy districts.
12229 (1) In addition to the powers conferred on a water conservancy district under Section
12230 17B-1-103 , a water conservancy district may:
12231 (a) issue bonds as provided in and subject to Chapter 1, Part 11, Local District Bonds,
12232 to carry out the purposes of the district;
12233 (b) acquire or lease any real or personal property or acquire any interest in real or
12234 personal property, as provided in Subsections 17B-1-103 (2)(a) and (b), whether inside or
12235 outside the district;
12236 (c) acquire or construct works, facilities, or improvements, as provided in Subsection
12237 17B-1-103 (2)(d), whether inside or outside the district;
12238 (d) acquire water, works, water rights, and sources of water necessary or convenient to
12239 the full exercise of the district's powers, whether the water, works, water rights, or sources of

12240 water are inside or outside the district, and encumber, sell, lease, transfer an interest in, or
12241 dispose of water, works, water rights, and sources of water;
12242 (e) fix rates and terms for the sale, lease, or other disposal of water;
12243 (f) acquire rights to the use of water from works constructed or operated by the district
12244 or constructed or operated pursuant to a contract to which the district is a party, and sell rights
12245 to the use of water from those works;
12246 (g) levy assessments against lands within the district to which water is allotted on the
12247 basis of:
12248 (i) a uniform district-wide value per acre foot of irrigation water; or
12249 (ii) a uniform unit-wide value per acre foot of irrigation water, if the board divides the
12250 district into units and fixes a different value per acre foot of water in the respective units;
12251 (h) fix rates for the sale, lease, or other disposal of water, other than irrigation water, at
12252 rates that are equitable, though not necessarily equal or uniform, for like classes of service;
12253 (i) adopt and modify plans and specifications for the works for which the district was
12254 organized;
12255 (j) investigate and promote water conservation and development;
12256 (k) appropriate and otherwise acquire water and water rights inside or outside the state;
12257 (l) develop, store, treat, and transport water;
12258 (m) acquire stock in canal companies, water companies, and water users associations;
12259 (n) acquire, construct, operate, or maintain works for the irrigation of land;
12260 (o) subject to Subsection (2), sell water and water services to individual customers and
12261 charge sufficient rates for the water and water services supplied;
12262 (p) own property for district purposes within the boundaries of a municipality; and
12263 (q) coordinate water resource planning among public entities.
12264 (2) (a) A water conservancy district and another political subdivision of the state may
12265 contract with each other, and a water conservancy district may contract with one or more public
12266 entities and private persons, for:
12267 (i) the joint operation or use of works owned by any party to the contract; or
12268 (ii) the sale, purchase, lease, exchange, or loan of water, water rights, works, or related
12269 services.
12270 (b) An agreement under Subsection (2)(a) may provide for the joint use of works

12271 owned by one of the contracting parties if the agreement provides for reasonable compensation.
12272 (c) A statutory requirement that a district supply water to its own residents on a priority
12273 basis does not apply to a contract under Subsection (2)(a).
12274 (d) An agreement under Subsection (2)(a) may include terms that the parties determine,
12275 including:
12276 (i) a term of years specified by the contract;
12277 (ii) a requirement that the purchasing party make specified payments, without regard to
12278 actual taking or use;
12279 (iii) a requirement that the purchasing party pay user charges, charges for the
12280 availability of water or water facilities, or other charges for capital costs, debt service,
12281 operating and maintenance costs, and the maintenance of reasonable reserves, whether or not
12282 the related water, water rights, or facilities are acquired, completed, operable, or operating, and
12283 notwithstanding the suspension, interruption, interference, reduction, or curtailment of water or
12284 services for any reason;
12285 (iv) provisions for one or more parties to acquire an undivided ownership interest in, or
12286 a contractual right to the capacity, output, or services of, joint water facilities, and establishing:
12287 (A) the methods for financing the costs of acquisition, construction, and operation of
12288 the joint facilities;
12289 (B) the method for allocating the costs of acquisition, construction, and operation of
12290 the facilities among the parties consistent with their respective interests in or rights to the
12291 facilities;
12292 (C) a management committee comprised of representatives of the parties, which may
12293 be responsible for the acquisition, construction, and operation of the facilities as the parties
12294 determine; and
12295 (D) the remedies upon a default by any party in the performance of its obligations
12296 under the contract, which may include a provision obligating or enabling the other parties to
12297 succeed to all or a portion of the ownership interest or contractual rights and obligations of the
12298 defaulting party; and
12299 (v) provisions that a purchasing party make payments from:
12300 (A) general or other funds of the purchasing party;
12301 (B) the proceeds of assessments levied under this part;

12302 (C) the proceeds of impact fees imposed by any party under Title 11, Chapter 36,
12303 Impact Fees Act;
12304 (D) revenues from the operation of the water system of a party receiving water or
12305 services under the contract;
12306 (E) proceeds of any revenue-sharing arrangement between the parties, including
12307 amounts payable as a percentage of revenues or net revenues of the water system of a party
12308 receiving water or services under the contract; and
12309 (F) any combination of the sources of payment listed in Subsections (2)(d)(v)(A)
12310 through (E).
12311 (3) (a) A water conservancy district may enter into a contract with another state or a
12312 political subdivision of another state for the joint construction, operation, or ownership of a
12313 water facility.
12314 (b) Water from any source in the state may be appropriated and used for beneficial
12315 purposes within another state only as provided in Title 73, Chapter 3a, Water Exports.
12316 (4) (a) Except as provided in Subsection (4)(b), a water conservancy district may not
12317 sell water to a customer located within a municipality for domestic or culinary use without the
12318 consent of the municipality.
12319 (b) Subsection (4)(a) does not apply if:
12320 (i) the property of a customer to whom a water conservancy district sells water was, at
12321 the time the district began selling water to the customer, within an unincorporated area of a
12322 county; and
12323 (ii) after the district begins selling water to the customer, the property becomes part of
12324 a municipality through municipal incorporation or annexation.
12325 (5) A water conservancy district may not carry or transport water in transmountain
12326 diversion if title to the water was acquired by a municipality by eminent domain.
12327 (6) A water conservancy district may not be required to obtain a franchise for the
12328 acquisition, ownership, operation, or maintenance of property.
12329 (7) A water conservancy district may not acquire by eminent domain title to or
12330 beneficial use of vested water rights for transmountain diversion.
12331 Section 363. Section 17B-2a-1005 , which is renumbered from Section 17A-2-1409 is
12332 renumbered and amended to read:

12333 [17A-2-1409]. 17B-2a-1005. Board of trustees -- Selection of members --
12334 Number -- Qualifications -- Terms -- Vacancies -- Surety bonds -- Authority.
12335 (1) (a) Within 45 days after [entry of the decree incorporating the] the creation of a
12336 water conservancy district as provided in Section 17B-1-215 , the board of trustees shall be
12337 selected as provided in this Subsection (1).
12338 (b) For a district [that consists] located entirely within the boundaries of a single
12339 county, the county legislative body of that county shall appoint each trustee.
12340 (c) (i) For a district [that consists of] located in more than a single county, the
12341 governor, with the consent of the Senate, shall appoint each trustee from nominees submitted
12342 as provided in this Subsection (1)(c).
12343 (ii) (A) Except as provided in Subsection (1)(c)(ii)(B), in a division composed solely of
12344 [incorporated cities] municipalities, the legislative body of each [city] municipality within the
12345 division shall submit two nominees per trustee.
12346 (B) Notwithstanding Subsection (1)(c)(ii)(A), the legislative body of a [city]
12347 municipality may submit fewer than two nominees per trustee if the legislative body certifies in
12348 writing to the governor that the legislative body is unable, after reasonably diligent effort, to
12349 identify two nominees who are willing and qualified to serve as trustee.
12350 (iii) (A) Except as provided in Subsection (1)(c)(iii)(B), in all other divisions, the
12351 county legislative body of the county in which the division is located shall submit three
12352 nominees per trustee.
12353 (B) Notwithstanding Subsection (1)(c)(iii)(A), the county legislative body may submit
12354 fewer than three nominees per trustee if the county legislative body certifies in writing to the
12355 governor that the county legislative body is unable, after reasonably diligent effort, to identify
12356 three nominees who are willing and qualified to serve as trustee.
12357 (iv) If a trustee represents a division located in more than one county, the county
12358 [governing] legislative bodies of those counties shall collectively compile the list of three
12359 nominees.
12360 (v) For purposes of this Subsection (1)(c), a [city] municipality that is located in more
12361 than one county shall be considered to be located in only the county in which more of the [city]
12362 municipal area is located than in any other county.
12363 (d) In districts where substantial water is allocated for irrigated agriculture, one trustee

12364 appointed in that district shall be a person who owns irrigation rights and uses those rights as
12365 part of that person's livelihood.
12366 (2) (a) [The court shall establish the number, representation, and votes of trustees for
12367 each district in the decree creating the district.] The board of trustees of [the] a water
12368 conservancy district shall consist of:
12369 (i) except as provided in Subsection (2)(a)(ii), not more than 11 persons who are
12370 residents of the district[. If]; or
12371 (ii) if the district consists of five or more counties, [the board of trustees shall consist
12372 of] not more than 21 persons who are residents of the district.
12373 (b) At least 90 days before expiration of a trustee's term, the [secretary of the] board
12374 shall:
12375 (i) give written notice of [vacancies in any office of trustee and of the expiration date of
12376 terms of office of trustees] the upcoming vacancy and the date when the trustee's term expires
12377 to the county legislative body in single county districts and to the nominating entities and the
12378 governor in all other districts; and
12379 (ii) publish the notice in a newspaper having general circulation within the district.
12380 (c) (i) Upon receipt of the notice of the expiration of a trustee's term or notice of a
12381 vacancy in the office of trustee, the county or municipal legislative body [of the city or the
12382 county legislative body], as the case may be, shall nominate candidates to fill the unexpired
12383 term of office pursuant to Subsection (1).
12384 (ii) If a trustee is to be appointed by the governor and the entity charged with
12385 nominating candidates [for appointment by the governor] has not submitted the list of
12386 nominees within 90 days after service of the notice, the governor shall make the appointment
12387 from qualified candidates without consultation with the county or municipal legislative body
12388 [of the city or the county legislative body].
12389 (iii) If the governor fails to appoint, the incumbent shall continue to serve until a
12390 successor is appointed and qualified.
12391 (iv) Appointment by the governor vests in the appointee, upon qualification, the
12392 authority to discharge the duties of trustee, subject only to the consent of the Senate.
12393 (d) Each trustee shall hold office during the term for which appointed and until a
12394 successor is duly appointed and has qualified.

12395 (3) Each trustee shall furnish a corporate surety bond at the expense of the district, [in
12396 amount and form fixed and approved by the court,] conditioned for the faithful performance of
12397 duties as a trustee.
12398 [(4) (a) A report of the business transacted during the preceding year by the district,
12399 including a financial report prepared by certified public accountants, shall be filed with:]
12400 [(i) the clerk of the district court;]
12401 [(ii) the governing bodies of counties with lands within the district; and]
12402 [(iii) cities charged with nominating trustees.]
12403 [(b) No more than 14 days and no less than five days prior to the annual meeting, the
12404 district shall have published at least once in a newspaper having general circulation within the
12405 district:]
12406 [(i) a notice of the annual meeting; and]
12407 [(ii) the names of the trustees.]
12408 [(c) The district shall have published a summary of its financial report in a newspaper
12409 having general circulation within the district. The summary shall be published no later than 30
12410 days after the date the audit report required under Title 51, Chapter 2a, Accounting Reports
12411 from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, is required
12412 to be filed with the state auditor.]
12413 [(d) Subsections (4)(b) and (c) do not apply to districts with annual revenues of less
12414 than $1,000,000.]
12415 (4) (a) The board of trustees of a water conservancy district may:
12416 (i) make and enforce all reasonable rules and regulations for the management, control,
12417 delivery, use, and distribution of water;
12418 (ii) withhold the delivery of water with respect to which there is a default or
12419 delinquency of payment;
12420 (iii) provide for and declare a forfeiture of the right to the use of water upon the default
12421 or failure to comply with an order, contract, or agreement for the purchase, lease, or use of
12422 water, and resell, lease, or otherwise dispose of water with respect to which a forfeiture has
12423 been declared;
12424 (iv) allocate and reallocate the use of water to lands within the district;
12425 (v) provide for and grant the right, upon terms, to transfer water from lands to which

12426 water has been allocated to other lands within the district;
12427 (vi) create a lien, as provided in this part, upon land to which the use of water is
12428 transferred;
12429 (vii) discharge a lien from land to which a lien has attached; and
12430 (viii) subject to Subsection (4)(b), enter into a written contract for the sale, lease, or
12431 other disposition of the use of water.
12432 (b) (i) A contract under Subsection (4)(a)(viii) may provide for the use of water
12433 perpetually or for a specified term.
12434 (ii) (A) If a contract under Subsection (4)(a)(viii) makes water available to the
12435 purchasing party without regard to actual taking or use, the board may require that the
12436 purchasing party give security for the payment to be made under the contract, unless the
12437 contract requires the purchasing party to pay for certain specified annual minimums.
12438 (B) The security requirement under Subsection (4)(b)(iii)(A) in a contract with a public
12439 entity may be met by including in the contract a provision for the public entity's levy of a
12440 special assessment to make annual payments to the district.
12441 Section 364. Section 17B-2a-1006 is enacted to read:
12442 17B-2a-1006. Limits on water conservancy district property tax levy -- Additional
12443 levy.
12444 (1) Except as provided in Subsection (2) and subject to Subsection (3), the property tax
12445 levy of a water conservancy district for all purposes may not exceed:
12446 (a) .0001 per dollar of taxable value of taxable property in the district, before the
12447 earliest of:
12448 (i) the planning or design of works;
12449 (ii) the acquisition of the site or right-of-way on which the works will be constructed;
12450 or
12451 (iii) the commencement of construction of the works; and
12452 (b) .0002 per dollar of taxable value of taxable property in the district, after the earliest
12453 of the events listed in Subsection (1)(a).
12454 (2) Notwithstanding Subsection (1) and subject to Subsection (3):
12455 (a) in a district that contains land located within the Lower Colorado River Basin, the
12456 levy after the earliest of the events listed in Subsection (1)(a) may be increased to a maximum

12457 of .001 per dollar of taxable value of taxable property in the district; and
12458 (b) in a district to be served under a contract, water appropriation, water allotment, or
12459 otherwise by water apportioned by the Colorado River Compact to the Upper Basin, the levy
12460 after the earliest of the events listed in Subsection (1)(a) may be increased to a maximum of
12461 .0004 per dollar of taxable value of taxable property.
12462 (3) Notwithstanding the limits on the rate of property tax levies under Subsections (1)
12463 and (2), a water conservancy district may impose an additional property tax levy, not to exceed
12464 .0001 per dollar of taxable value of taxable property in the district, if the additional levy is
12465 necessary to provide adequate funds to pay maturing bonds or other debts of the district.
12466 Section 365. Section 17B-2a-1007 is enacted to read:
12467 17B-2a-1007. Contract assessments.
12468 (1) As used in this section:
12469 (a) "Assessed land" means:
12470 (i) for a contract assessment under a water contract with a private water user, the land
12471 owned by the private water user that receives the beneficial use of water under the water
12472 contract; or
12473 (ii) for a contract assessment under a water contract with a public water user, the land
12474 within the boundaries of the public water user that is within the boundaries of the water
12475 conservancy district and that receives the beneficial use of water under the water contract.
12476 (b) "Contract assessment" means an assessment levied as provided in this section by a
12477 water conservancy district on assessed land.
12478 (c) "Governing body" means:
12479 (i) for a county, city, or town, the legislative body of the county, city, or town;
12480 (ii) for a local district, the board of trustees of the local district;
12481 (iii) for a special service district:
12482 (A) the legislative body of the county, city, or town that established the special service
12483 district, if no administrative control board has been appointed under Section 17A-2-1326 ; or
12484 (B) the administrative control board of the special service district, if an administrative
12485 control board has been appointed under Section 17A-2-1326 ; and
12486 (iv) for any other political subdivision of the state, the person or body with authority to
12487 govern the affairs of the political subdivision.

12488 (d) "Petitioner" means a private petitioner or a public petitioner.
12489 (e) "Private petitioner" means an owner of land within a water conservancy district who
12490 submits a petition to a water conservancy district under Subsection (3) to enter into a water
12491 contract with the district.
12492 (f) "Private water user" means an owner of land within a water conservancy district
12493 who enters into a water contract with the district.
12494 (g) "Public petitioner" means a political subdivision of the state:
12495 (i) whose territory is partly or entirely within the boundaries of a water conservancy
12496 district; and
12497 (ii) that submits a petition to a water conservancy district under Subsection (3) to enter
12498 into a water contract with the district.
12499 (h) "Public water user" means a political subdivision of the state:
12500 (i) whose territory is partly or entirely within the boundaries of a water conservancy
12501 district; and
12502 (ii) that enters into a water contract with the district.
12503 (i) "Water contract" means a contract between a water conservancy district and a
12504 private water user or a public water user under which the water user purchases, leases, or
12505 otherwise acquires the beneficial use of water from the water conservancy district for the
12506 benefit of:
12507 (i) land owned by the private water user; or
12508 (ii) land within the public water user's boundaries that is also within the boundaries of
12509 the water conservancy district.
12510 (j) "Water user" means a private water user or a public water user.
12511 (2) A water conservancy district may levy a contract assessment as provided in this
12512 section.
12513 (3) (a) The governing body of a public petitioner may authorize its chief executive
12514 officer to submit a written petition on behalf of the public petitioner to a water conservancy
12515 district requesting to enter into a water contract.
12516 (b) A private petitioner may submit a written petition to a water conservancy district
12517 requesting to enter into a water contract.
12518 (c) Each petition under this Subsection (3) shall include:

12519 (i) the petitioner's name;
12520 (ii) the quantity of water the petitioner desires to purchase or otherwise acquire;
12521 (iii) a description of the land upon which the water will be used;
12522 (iv) the price to be paid for the water;
12523 (v) the amount of any service, turnout, connection, distribution system, or other charge
12524 to be paid;
12525 (vi) whether payment will be made in cash or annual installments;
12526 (vii) a provision requiring the contract assessment to become a lien on the land for
12527 which the water is petitioned and is to be allotted; and
12528 (viii) an agreement that the petitioner is bound by the provisions of this part and the
12529 rules and regulations of the water conservancy district board of trustees.
12530 (4) (a) If the board of a water conservancy district desires to consider a petition
12531 submitted by a petitioner under Subsection (3), the board shall:
12532 (i) publish notice of the petition and of the hearing required under Subsection (4)(a)(ii)
12533 at least once a week in two successive weeks in a newspaper of general circulation within the
12534 county in which the political subdivision or private petitioner's land, as the case may be, is
12535 located; and
12536 (ii) hold a public hearing on the petition.
12537 (b) Each notice under Subsection (4)(a)(i) shall:
12538 (i) state that a petition has been filed and that the district is considering levying a
12539 contract assessment; and
12540 (ii) give the date, time, and place of the hearing required under Subsection (4)(a)(ii).
12541 (c) (i) At each hearing required under Subsection (4)(a)(ii), the board of trustees of the
12542 water conservancy district shall:
12543 (A) allow any interested person to appear and explain why the petition should not be
12544 granted; and
12545 (B) consider each written objection to the granting of the petition that the board
12546 receives before or at the hearing.
12547 (ii) The board of trustees may adjourn and reconvene the hearing as the board considers
12548 appropriate.
12549 (d) (i) Any interested person may file with the board of the water conservancy district,

12550 at or before the hearing under Subsection (4)(a)(ii), a written objection to the district's granting
12551 a petition.
12552 (ii) Each person who fails to submit a written objection within the time provided under
12553 Subsection (4)(d)(i) is considered to have consented to the district's granting the petition and
12554 levying a contract assessment.
12555 (5) After holding a public hearing as required under Subsection (4)(a)(ii), the board of
12556 trustees of a water conservancy district may:
12557 (a) deny the petition; or
12558 (b) grant the petition, if the board considers granting the petition to be in the best
12559 interests of the district.
12560 (6) The board of a water conservancy district that grants a petition under this section
12561 may:
12562 (a) make an allotment of water for the benefit of assessed land;
12563 (b) authorize any necessary construction to provide for the use of water upon the terms
12564 and conditions stated in the water contract;
12565 (c) divide the district into units and fix a different rate for water purchased or otherwise
12566 acquired and for other charges within each unit, if the rates and charges are equitable, although
12567 not equal and uniform, for similar classes of services throughout the district; and
12568 (d) levy a contract assessment on assessed land.
12569 (7) (a) The board of trustees of each water conservancy district that levies a contract
12570 assessment under this section shall:
12571 (i) cause a certified copy of the resolution, ordinance, or order levying the assessment
12572 to be recorded in the office of the recorder of each county in which assessed land is located;
12573 and
12574 (ii) on or before July 1 of each year after levying the contract assessment, certify to the
12575 auditor of each county in which assessed land is located the amount of the contract assessment.
12576 (b) Upon the recording of the resolution or ordinance under Subsection (7)(a)(i), the
12577 contract assessment associated with allotting water to the assessed land under the water
12578 contract becomes a perpetual lien on the assessed land.
12579 (c) Each county in which assessed land is located shall collect the contract assessment
12580 in the same manner as taxes levied by the county.

12581 (8) (a) The board of trustees of each water conservancy district that levies a contract
12582 assessment under this section shall:
12583 (i) hold a public hearing, before August 8 of each year in which a contract assessment
12584 is levied, to hear and consider objections filed under Subsection (8)(b); and
12585 (ii) twice publish a notice, at least a week apart:
12586 (A) (I) in a newspaper of general circulation in each county with assessed land included
12587 within the district boundaries; or
12588 (II) if there is no newspaper of general circulation within the county, in a newspaper of
12589 general circulation in an adjoining county;
12590 (B) that contains:
12591 (I) a general description of the assessed land;
12592 (II) the amount of the contract assessment; and
12593 (III) the time and place of the public hearing under Subsection (8)(a)(i).
12594 (b) An owner of assessed land within the water conservancy district who believes that
12595 the contract assessment on the owner's land is excessive, erroneous, or illegal may, before the
12596 hearing under Subsection (8)(a)(i), file with the board of trustees a verified, written objection to
12597 the assessment, stating the grounds for the objection.
12598 (c) (i) At each hearing under Subsection (8)(a)(i), the board of trustees shall hear and
12599 consider the evidence and arguments supporting each objection.
12600 (i) After hearing and considering the evidence and arguments supporting an objection,
12601 the board of trustees:
12602 (A) shall enter a written order, stating its decision; and
12603 (B) may modify the assessment.
12604 (d) (i) An owner of assessed land may file a petition in district court seeking review of
12605 a board of trustees' order under Subsection (8)(c)(i)(A).
12606 (ii) Each petition under Subsection (8)(d)(i) shall:
12607 (A) be filed within 30 days after the board enters its written order;
12608 (B) state specifically the part of the board's order for which review is sought; and
12609 (C) be accompanied by a bond with good and sufficient security in an amount not
12610 exceeding $200, as determined by the court clerk.
12611 (iii) If more than one owner of assessed land seeks review, the court may, upon a

12612 showing that the reviews may be consolidated without injury to anyone's interests, consolidate
12613 the reviews and hear them together.
12614 (iv) The court shall act as quickly as possible after a petition is filed.
12615 (v) A court may not disturb a board of trustees' order unless the court finds that the
12616 contract assessment on the petitioner's assessed land is manifestly disproportionate to
12617 assessments imposed upon other land in the district.
12618 (d) If no petition under Subsection (8)(d) is timely filed, the contract assessment is
12619 conclusively considered to have been made in proportion to the benefits conferred on the land
12620 in the district.
12621 (9) Each resolution, ordinance, or order under which a water conservancy district
12622 levied a Class B, Class C, or Class D assessment before April 30, 2007 under the law in effect
12623 at the time of the levy is validated, ratified, and confirmed, and a water conservancy district
12624 may continue to levy the assessment according to the terms of the resolution, ordinance, or
12625 order.
12626 (10) A contract assessment is not a levy of an ad valorem property tax and is not
12627 subject to the limits stated in Section 17B-2a-1006 .
12628 Section 366. Section 17B-2a-1008 is enacted to read:
12629 17B-2a-1008. Subdistricts to become water conservancy districts.
12630 Each water conservancy subdistrict, created and operating under the law in effect before
12631 April 30, 2007 and existing on April 30, 2007, shall, on that date, become a water conservancy
12632 district.
12633 Section 367. Section 17C-1-102 is amended to read:
12634 17C-1-102. Definitions.
12635 As used in this title:
12636 (1) "Adjusted tax increment" means:
12637 (a) for tax increment under a pre-July 1, 1993 project area plan, tax increment under
12638 Section 17C-1-403 , excluding tax increment under Subsection 17C-1-403 (3); and
12639 (b) for tax increment under a post-June 30, 1993 project area plan, tax increment under
12640 Section 17C-1-404 , excluding tax increment under Section 17C-1-406 .
12641 (2) "Affordable housing" means housing to be owned or occupied by persons and
12642 families of low or moderate income, as determined by resolution of the agency.

12643 (3) "Agency" or "community development and renewal agency" means a separate body
12644 corporate and politic, created under Section 17C-1-201 or as a redevelopment agency under
12645 previous law, that is a political subdivision of the state, that is created to undertake or promote
12646 urban renewal, economic development, or community development, or any combination of
12647 them, as provided in this title, and whose geographic boundaries are coterminous with:
12648 (a) for an agency created by a county, the unincorporated area of the county; and
12649 (b) for an agency created by a city or town, the boundaries of the city or town.
12650 (4) "Annual income" has the meaning as defined under regulations of the U.S.
12651 Department of Housing and Urban Development, 24 C.F.R. Sec. 5.609, as amended or as
12652 superseded by replacement regulations.
12653 (5) "Assessment roll" has the meaning as defined in Section 59-2-102 .
12654 (6) "Base taxable value" means the taxable value of the property within a project area
12655 from which tax increment will be collected, as shown upon the assessment roll last equalized
12656 before:
12657 (a) for a pre-July 1, 1993 project area plan, the effective date of the project area plan; or
12658 (b) for a post-June 30, 1993 project area plan:
12659 (i) the date of the taxing entity committee's approval of the first project area budget; or
12660 (ii) if no taxing entity committee approval is required for the project area budget, the
12661 later of:
12662 (A) the date the project area plan is adopted by the community legislative body; and
12663 (B) the date the agency adopts the first project area budget.
12664 (7) "Basic levy" means the portion of a school district's tax levy constituting the
12665 minimum basic levy under Section 59-2-902 .
12666 (8) "Blight" or "blighted" means the condition of an area that meets the requirements of
12667 Subsection 17C-2-303 (1).
12668 (9) "Blight hearing" means a public hearing under Subsection 17C-2-102 (1)(a)(iii) and
12669 Section 17C-2-302 regarding the existence or nonexistence of blight within the proposed urban
12670 renewal project area.
12671 (10) "Blight study" means a study to determine the existence or nonexistence of blight
12672 within a survey area as provided in Section 17C-2-301 .
12673 (11) "Board" means the governing body of an agency, as provided in Section

12674 17C-1-203 .
12675 (12) "Budget hearing" means the public hearing on a draft project area budget required
12676 under Subsection 17C-2-201 (2)(d) for an urban renewal project area budget or Subsection
12677 17C-3-201 (2)(d) for an economic development project area budget.
12678 (13) "Combined incremental value" means the combined total of all incremental values
12679 from all urban renewal project areas, except project areas that contain some or all of a military
12680 installation or inactive industrial site, within the agency's boundaries under adopted project area
12681 plans and adopted project area budgets at the time that a project area budget for a new urban
12682 renewal project area is being considered.
12683 (14) "Community" means a county, city, or town.
12684 (15) "Community development" means development activities within a community,
12685 including the encouragement, promotion, or provision of development.
12686 (16) "Economic development" means to promote the creation or retention of public or
12687 private jobs within the state through:
12688 (a) planning, design, development, construction, rehabilitation, business relocation, or
12689 any combination of these, within a community; and
12690 (b) the provision of office, industrial, manufacturing, warehousing, distribution,
12691 parking, public, or other facilities, or other improvements that benefit the state or a community.
12692 (17) "Fair share ratio" means the ratio derived by:
12693 (a) for a city or town, comparing the percentage of all housing units within the city or
12694 town that are publicly subsidized income targeted housing units to the percentage of all housing
12695 units within the whole county that are publicly subsidized income targeted housing units; or
12696 (b) for the unincorporated part of a county, comparing the percentage of all housing
12697 units within the unincorporated county that are publicly subsidized income targeted housing
12698 units to the percentage of all housing units within the whole county that are publicly subsidized
12699 income targeted housing units.
12700 (18) "Family" has the meaning as defined under regulations of the U.S. Department of
12701 Housing and Urban Development, 24 C.F.R. Section 5.403, as amended or as superseded by
12702 replacement regulations.
12703 (19) "Greenfield" means land not developed beyond agricultural or forestry use.
12704 (20) "Housing funds" means the funds allocated in an urban renewal project area

12705 budget under Section 17C-2-203 for the purposes provided in Subsection 17C-1-412 (1).
12706 (21) (a) "Inactive industrial site" means land that:
12707 (i) consists of at least 1,000 acres;
12708 (ii) is occupied by an inactive or abandoned factory, smelter, or other heavy industrial
12709 facility; and
12710 (iii) requires remediation because of the presence of hazardous or solid waste as
12711 defined in Subsection 17B-4-604 (1)(a)(iii)(I), as last amended by Chapter 292, Laws of Utah
12712 2005.
12713 (b) "Inactive industrial site" includes a perimeter of up to 1,500 feet around the land
12714 described in Subsection (21)(a).
12715 (22) "Income targeted housing" means housing to be owned or occupied by a family
12716 whose annual income is at or below 80% of the median annual income for the county in which
12717 the housing is located.
12718 (23) "Incremental value" means a figure derived by multiplying the marginal value of
12719 the property located within an urban renewal project area on which tax increment is collected
12720 by a number that represents the percentage of adjusted tax increment from that project area that
12721 is paid to the agency.
12722 (24) "Loan fund board" means the Olene Walker Housing Loan Fund Board,
12723 established under Title 9, Chapter 4, Part 7, Olene Walker Housing Loan Fund.
12724 (25) "Marginal value" means the difference between actual taxable value and base
12725 taxable value.
12726 (26) "Military installation project area" means a project area or a portion of a project
12727 area located within a federal military installation ordered closed by the federal Defense Base
12728 Realignment and Closure Commission.
12729 (27) "Plan hearing" means the public hearing on a draft project area plan required
12730 under Subsection 17C-2-102 (1)(a)(viii) for an urban renewal project area plan, Subsection
12731 17C-3-102 (1)(d) for an economic development project area plan, and Subsection
12732 17C-4-102 (1)(d) for a community development project area plan.
12733 (28) "Post-June 30, 1993 project area plan" means a project area plan adopted on or
12734 after July 1, 1993, whether or not amended subsequent to its adoption.
12735 (29) "Pre-July 1, 1993 project area plan" means a project area plan adopted before July

12736 1, 1993, whether or not amended subsequent to its adoption.
12737 (30) "Private," with respect to real property, means:
12738 (a) not owned by the United States or any agency of the federal government, a public
12739 entity, or any other governmental entity; and
12740 (b) not dedicated to public use.
12741 (31) "Project area" means the geographic area described in a project area plan or draft
12742 project area plan where the urban renewal, economic development, or community
12743 development, as the case may be, set forth in the project area plan or draft project area plan
12744 takes place or is proposed to take place.
12745 (32) "Project area budget" means a multiyear projection of annual or cumulative
12746 revenues and expenses and other fiscal matters pertaining to a urban renewal or economic
12747 development project area that includes:
12748 (a) the base taxable value of property in the project area;
12749 (b) the projected tax increment expected to be generated within the project area;
12750 (c) the amount of tax increment expected to be shared with other taxing entities;
12751 (d) the amount of tax increment expected to be used to implement the project area plan,
12752 including the estimated amount of tax increment to be used for land acquisition, public
12753 improvements, infrastructure improvements, and loans, grants, or other incentives to private
12754 and public entities;
12755 (e) the tax increment expected to be used to cover the cost of administering the project
12756 area plan;
12757 (f) if the area from which tax increment is to be collected is less than the entire project
12758 area:
12759 (i) the tax identification numbers of the parcels from which tax increment will be
12760 collected; or
12761 (ii) a legal description of the portion of the project area from which tax increment will
12762 be collected; and
12763 (g) for property that the agency owns and expects to sell, the expected total cost of the
12764 property to the agency and the expected selling price.
12765 (33) "Project area plan" means a written plan under Part 4, Project Area Plan, that, after
12766 its effective date, guides and controls the urban renewal, economic development, or community

12767 development activities within a project area.
12768 (34) "Property tax" includes privilege tax and each levy on an ad valorem basis on
12769 tangible or intangible personal or real property.
12770 (35) "Public entity" means:
12771 (a) the state, including any of its departments or agencies; or
12772 (b) a political subdivision of the state, including a county, city, town, school district,
12773 [special district,] local district, special service district, or interlocal cooperation entity.
12774 (36) "Publicly owned infrastructure and improvements" means water, sewer, storm
12775 drainage, electrical, and other similar systems and lines, streets, roads, curb, gutter, sidewalk,
12776 walkways, parking facilities, public transportation facilities, and other facilities, infrastructure,
12777 and improvements benefitting the public and to be publicly owned or publicly maintained or
12778 operated.
12779 (37) "Record property owner" or "record owner of property" means the owner of real
12780 property as shown on the records of the recorder of the county in which the property is located
12781 and includes a purchaser under a real estate contract if the contract is recorded in the office of
12782 the recorder of the county in which the property is located or the purchaser gives written notice
12783 of the real estate contract to the agency.
12784 (38) "Superfund site":
12785 (a) means an area included in the National Priorities List under the Comprehensive
12786 Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sec. 9605; and
12787 (b) includes an area formerly included in the National Priorities List, as described in
12788 Subsection (38)(a), but removed from the list following remediation that leaves on site the
12789 waste that caused the area to be included in the National Priorities List.
12790 (39) "Survey area" means an area designated by a survey area resolution for study to
12791 determine whether one or more urban renewal projects within the area are feasible.
12792 (40) "Survey area resolution" means a resolution adopted by the agency board under
12793 Subsection 17C-2-101 (1)(a) designating a survey area.
12794 (41) "Taxable value" means the value of property as shown on the last equalized
12795 assessment roll as certified by the county assessor.
12796 (42) (a) "Tax increment" means, except as provided in Subsection (42)(b), the
12797 difference between:

12798 (i) the amount of property tax revenues generated each tax year by all taxing entities
12799 from the area within a project area designated in the project area plan as the area from which
12800 tax increment is to be collected, using the current assessed value of the property; and
12801 (ii) the amount of property tax revenues that would be generated from that same area
12802 using the base taxable value of the property.
12803 (b) "Tax increment" does not include taxes levied and collected under Section
12804 59-2-906.1 on or after January 1, 1994 upon the taxable property in the project area unless:
12805 (i) the project area plan was adopted before May 4, 1993, whether or not the project
12806 area plan was subsequently amended; and
12807 (ii) the taxes were pledged to support bond indebtedness or other contractual
12808 obligations of the agency.
12809 (43) "Taxing entity" means a public entity that levies a tax on property within a
12810 community.
12811 (44) "Taxing entity committee" means a committee representing the interests of taxing
12812 entities, created as provided in Section 17C-1-402 .
12813 (45) "Unincorporated" means not within a city or town.
12814 (46) (a) "Urban renewal" means the development activities under a project area plan
12815 within an urban renewal project area, including:
12816 (i) planning, design, development, demolition, clearance, construction, rehabilitation,
12817 or any combination of these, of part or all of a project area;
12818 (ii) the provision of residential, commercial, industrial, public, or other structures or
12819 spaces, including recreational and other facilities incidental or appurtenant to them;
12820 (iii) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating, or
12821 any combination of these, existing structures in a project area;
12822 (iv) providing open space, including streets and other public grounds and space around
12823 buildings;
12824 (v) providing public or private buildings, infrastructure, structures, and improvements;
12825 and
12826 (vi) providing improvements of public or private recreation areas and other public
12827 grounds.
12828 (b) "Urban renewal" means "redevelopment," as defined under the law in effect before

12829 May 1, 2006, if the context requires.
12830 Section 368. Section 19-3-301 is amended to read:
12831 19-3-301. Restrictions on nuclear waste placement in state.
12832 (1) The placement, including transfer, storage, decay in storage, treatment, or disposal,
12833 within the exterior boundaries of Utah of high-level nuclear waste or greater than class C
12834 radioactive waste is prohibited.
12835 (2) Notwithstanding Subsection (1) the governor, after consultation with the county
12836 executive and county legislative body of the affected county and with concurrence of the
12837 Legislature, may specifically approve the placement as provided in this part, but only if:
12838 (a) (i) the federal Nuclear Regulatory Commission issues a license, pursuant to the
12839 Nuclear Waste Policy Act, 42 U.S.C.A. 10101 et seq., or the Atomic Energy Act, 42 U.S.C.A.
12840 2011 et seq., for the placement within the exterior boundaries of Utah of high-level nuclear
12841 waste or greater than class C radioactive waste; and
12842 (ii) the authority of the federal Nuclear Regulatory Commission to grant a license under
12843 Subsection (2)(a)(i) is clearly upheld by a final judgment of a court of competent jurisdiction;
12844 or
12845 (b) an agency of the federal government is transporting the waste, and all state and
12846 federal requirements to proceed with the transportation have been met.
12847 (3) The requirement for the approval of a final court of competent jurisdiction shall be
12848 met in all of the following categories, in order for a state license proceeding regarding waste to
12849 begin:
12850 (a) transfer or transportation, by rail, truck, or other mechanisms;
12851 (b) storage, including any temporary storage at a site away from the generating reactor;
12852 (c) decay in storage;
12853 (d) treatment; and
12854 (e) disposal.
12855 (4) (a) Upon satisfaction of the requirements of Subsection (2)(a), for each category
12856 listed in Subsection (3), or satisfaction of the requirements under Subsection (2)(b), the
12857 governor, with the concurrence of the attorney general, shall certify in writing to the executive
12858 director of the Department of Environmental Quality that all of the requirements have been
12859 met, and that any necessary state licensing processes may begin.

12860 (b) Separate certification under this Subsection (4) shall be given for each category in
12861 Subsection (3).
12862 (5) (a) The department shall make, by rule, a determination of the dollar amount of the
12863 health and economic costs expected to result from a reasonably foreseeable accidental release
12864 of waste involving a transfer facility or storage facility, or during transportation of waste,
12865 within the exterior boundaries of the state. The department may initiate rulemaking under this
12866 Subsection (5)(a) on or after March 15, 2001.
12867 (b) (i) The department shall also determine the dollar amount currently available to
12868 cover the costs as determined in Subsection (5)(a):
12869 (A) under nuclear industry self-insurance;
12870 (B) under federal insurance requirements; and
12871 (C) in federal monies.
12872 (ii) The department may not include any calculations of federal monies that may be
12873 appropriated in the future in determining the amount under Subsection (5)(b)(i).
12874 (c) The department shall use the information compiled under Subsections (5)(a) and (b)
12875 to determine the amount of unfunded potential liability in the event of a release of waste from a
12876 storage or transfer facility, or a release during the transportation of waste.
12877 (6) (a) State agencies may not, for the purpose of providing any goods, services, or
12878 municipal-type services to a storage facility or transfer facility, or to any organization engaged
12879 in the transportation of waste, enter into any contracts or any other agreements prior to:
12880 (i) the satisfaction of the conditions in Subsection (4); and
12881 (ii) the executive director of the department having certified that the requirements of
12882 Sections 19-3-304 through 19-3-308 have been met for the purposes of a license application
12883 proceeding for a storage facility or transfer facility.
12884 (b) Political subdivisions of the state may not enter into any contracts or any other
12885 agreements for the purpose of providing any goods, services, or municipal-type services to a
12886 storage facility or transfer facility, or to any organization engaged in the transportation of
12887 waste.
12888 (c) This Subsection (6) does not prohibit a state agency from exercising the regulatory
12889 authority granted to it by law.
12890 (7) (a) Notwithstanding any other provision of law, any political subdivision may not

12891 be formed pursuant to the laws of Utah for the purpose of providing any goods, services, or
12892 municipal-type services to a storage facility or transfer facility prior to the satisfaction of the
12893 conditions in Subsection (4). These political subdivisions include:
12894 (i) a cooperative;
12895 (ii) a [special] local district authorized by Title [17A, Special Districts] 17B, Limited
12896 Purposed Local Government Entities - Local Districts;
12897 (iii) a special service district under Title 17A, Chapter 2, Part 13, Utah Special Service
12898 District Act;
12899 [(iii)] (iv) a limited purpose local governmental entities authorized by Title 17,
12900 Counties;
12901 [(iv)] (v) any joint power agreement authorized by Title 11, Cities, Counties, and Local
12902 Taxing Units; and
12903 [(v)] (vi) the formation of a municipality, or any authority of a municipality authorized
12904 by Title 10, Utah Municipal Code.
12905 (b) (i) Subsection (7)(a) shall be strictly interpreted. Any political subdivision
12906 authorized and formed under the laws of the state on or after March 15, 2001 which
12907 subsequently contracts to, or in any manner agrees to provide, or does provide goods, services,
12908 or municipal-type services to a storage facility or transfer facility is formed in violation of
12909 Subsection (7)(a).
12910 (ii) If the conditions of Subsection (7)(b)(i) apply, the persons who formed the political
12911 subdivision are considered to have knowingly violated a provision of this part, and the
12912 penalties of Section 19-3-312 apply.
12913 (8) (a) An organization may not be formed for the purpose of providing any goods,
12914 services, or municipal-type services to a storage facility or transfer facility prior to:
12915 (i) the satisfaction of the conditions in Subsection (4); and
12916 (ii) the executive director of the department having certified that the requirements of
12917 Sections 19-3-304 through 19-3-308 have been met.
12918 (b) A foreign organization may not be registered to do business in the state for the
12919 purpose of providing any goods, services, or municipal-type services to a storage facility or
12920 transfer facility prior to:
12921 (i) the satisfaction of the conditions in Subsection (4); and

12922 (ii) the executive director of the department having certified that the requirements of
12923 Sections 19-3-304 through 19-3-308 have been met.
12924 (c) The prohibitions of Subsections (8)(a) and (b) shall be strictly applied, and:
12925 (i) the formation of a new organization or registration of a foreign organization within
12926 the state, any of whose purposes are to provide goods, services, or municipal-type services to a
12927 storage facility or transfer facility may not be licensed or registered in the state, and the local or
12928 foreign organization is void and does not have authority to operate within the state;
12929 (ii) any organization which is formed or registered on or after March 15, 2001, and
12930 which subsequently contracts to, or in any manner agrees to provide, or does provide goods,
12931 services, or municipal-type services to a storage facility or transfer facility has been formed or
12932 registered in violation of Subsection (8)(a) or (b) respectively; and
12933 (iii) if the conditions of Subsection (8)(c)(ii) apply, the persons who formed the
12934 organization or the principals of the foreign organization, are considered to have knowingly
12935 violated a provision of this part, and are subject to the penalties in Section 19-3-312 .
12936 (9) (a) (i) Any contract or agreement to provide any goods, services, or municipal-type
12937 services to any organization engaging in, or attempting to engage in the placement of high-level
12938 nuclear waste or greater than class C radioactive waste at a storage facility or transfer facility
12939 within the state are declared to be against the greater public interest, health, and welfare of the
12940 state, by promoting an activity which has the great potential to cause extreme public harm.
12941 (ii) These contracts or agreements under Subsection (9)(a)(i), whether formal or
12942 informal, are declared to be void from inception, agreement, or execution as against public
12943 policy.
12944 (b) (i) Any contract or other agreement to provide goods, services, or municipal-type
12945 services to storage or transfer facilities may not be executed within the state.
12946 (ii) Any contract or other agreement, existing or executed on or after March 15, 2001,
12947 is considered void from the time of agreement or execution.
12948 (10) (a) All contracts and agreements under Subsection (10)(b) are assessed an annual
12949 transaction fee of 75% of the gross value of the contract to the party providing the goods,
12950 services, or municipal-type services to the storage facility or transfer facility or transportation
12951 entity. The fee shall be assessed per calendar year, and is payable on a prorated basis on or
12952 before the last day of each month in accordance with rules established under Subsection

12953 (10)(d), and as follows:
12954 (i) 25% of the gross value of the contract to the department; and
12955 (ii) 50% of the gross value of the contract to the Department of Community and
12956 Culture, to be used by the Utah Division of Indian Affairs as provided in Subsection (11).
12957 (b) Contracts and agreements subject to the fee under Subsection (10)(a) are those
12958 contracts and agreements to provide goods, services, or municipal-type services to a storage or
12959 transfer facility, or to any organization engaged in the transportation of high-level nuclear
12960 waste or greater than class C radioactive waste to a transfer facility or storage facility, and
12961 which:
12962 (i) are in existence on March 15, 2001; or
12963 (ii) become effective notwithstanding Subsection (9)(a).
12964 (c) Any governmental agency which regulates the charges to consumers for services
12965 provided by utilities or other organizations shall require the regulated utility or organization to
12966 include the fees under Subsection (10)(a) in the rates charged to the purchaser of the goods,
12967 services, or municipal-type services affected by Subsection (10)(b).
12968 (d) (i) The department, in consultation with the State Tax Commission, shall establish
12969 rules for the valuation of the contracts and assessment and collection of the fees, and other
12970 rules as necessary to determine the amount of and collection of the fee under Subsection
12971 (10)(a). The department may initiate rulemaking under this Subsection (10)(d)(i) on or after
12972 March 15, 2001.
12973 (ii) Persons and organizations holding contracts affected by Subsection (10)(b) shall
12974 make a good faith estimate of the fee under Subsection (10)(a) for calendar year 2001, and
12975 remit that amount to the department on or before July 31, 2001.
12976 (11) (a) The portion of the fees imposed under Subsection (10) which is to be paid to
12977 the Department of Community and Culture for use by the Utah Division of Indian Affairs shall
12978 be used for establishment of a statewide community and economic development program for
12979 the tribes of Native American people within the exterior boundaries of the state who have by
12980 tribal procedure established a position rejecting siting of any nuclear waste facility on their
12981 reservation lands.
12982 (b) The program under Subsection (11)(a) shall include:
12983 (i) educational services and facilities;

12984 (ii) health care services and facilities;
12985 (iii) programs of economic development;
12986 (iv) utilities;
12987 (v) sewer;
12988 (vi) street lighting;
12989 (vii) roads and other infrastructure; and
12990 (viii) oversight and staff support for the program.
12991 (12) It is the intent of the Legislature that this part does not prohibit or interfere with a
12992 person's exercise of the rights under the First Amendment to the Constitution of the United
12993 States or under Utah Constitution Article I, Sec. 15, by an organization attempting to site a
12994 storage facility or transfer facility within the borders of the state for the placement of high-level
12995 nuclear waste or greater than class C radioactive waste.
12996 Section 369. Section 19-4-111 is amended to read:
12997 19-4-111. Fluorine added to or removed from water -- Election required.
12998 (1) (a) Except as provided in Subsection 19-4-104 (1)(a)(i), public water supplies,
12999 whether state, county, municipal, or district, may not have fluorine or any of its derivatives or
13000 compounds added to or removed from them without the approval of a majority of voters in an
13001 election in the area affected.
13002 (b) An election shall be held:
13003 (i) upon the filing of an initiative petition requesting the action in accordance with state
13004 law governing initiative petitions;
13005 (ii) in the case of a municipal, [special] local district, special service district, or county
13006 water system which is functionally separate from any other water system, upon the passage of a
13007 resolution by the legislative body or [special] local district or special service district board
13008 representing the affected voters, submitting the question to the affected voters at a municipal
13009 general election; or
13010 (iii) in a county of the first or second class, upon the passage of a resolution by the
13011 county legislative body to place an opinion question relating to all public water systems within
13012 the county, except as provided in Subsection (2), on the ballot at a general election.
13013 (2) If a majority of voters on an opinion question under Subsection (1)(b)(iii) approve
13014 the addition of fluorine to or the removal of fluorine from the public water supplies within the

13015 county, the local health departments shall require the addition of fluorine to or the removal of
13016 fluorine from all public water supplies within that county other than those systems:
13017 (a) that are functionally separate from any other public water systems in that county;
13018 and
13019 (b) where a majority of the voters served by the public water system voted against the
13020 addition or removal of fluorine on the opinion question under Subsection (1)(b)(iii).
13021 (3) Nothing contained in this section prohibits the addition of chlorine or other water
13022 purifying agents.
13023 (4) Any political subdivision which, prior to November 2, 1976, decided to and was
13024 adding fluorine or any of its derivatives or compounds to the drinking water is considered to
13025 have complied with Subsection (1).
13026 (5) In an election held pursuant to Subsections (1)(b)(i), (ii), or (iii), where a majority
13027 of the voters approve the addition to or removal of fluorine from the public water supplies, no
13028 election to consider removing fluorine from or adding fluorine to the public water supplies
13029 shall be held for a period of four years from the date of approval by the majority of voters
13030 beginning with elections held in November 2000.
13031 (6) For purposes of this section, "removal" means ceasing to add fluorine to a public
13032 water supply, the addition having been previously approved by the voters of a political
13033 subdivision.
13034 Section 370. Section 19-6-502 is amended to read:
13035 19-6-502. Definitions.
13036 As used in this part:
13037 (1) "Governing body" means the governing board, commission, or council of a public
13038 entity.
13039 (2) "Jurisdiction" means the area within the incorporated limits of a municipality,
13040 special service district, municipal-type service district, [county] service area, or all of the
13041 territorial area of a county not lying within a city or town.
13042 (3) "Long-term agreement" means an agreement or contract having a term of more than
13043 five years and less than 50 years.
13044 (4) "Public entity" means a county, municipality, special service district[, or county]
13045 under Title 17A, Chapter 2, Part 13, Utah Special Service District Act, or service area

13046 [created] under Title [17A] 17B, Chapter [2, Independent Special Districts,] 2a, Part 9, Service
13047 Area Act and a municipal-type service district created under Title 17, Chapter 34,
13048 Municipal-type Services to Unincorporated Areas.
13049 (5) "Resource recovery" means the separation, extraction, recycling, or recovery of
13050 usable materials, energy, fuel, or heat from solid waste and the disposition of it.
13051 (6) "Short-term agreement" means any contract or agreement having a term of five
13052 years or less.
13053 (7) "Solid waste" means all putrescible and nonputrescible materials or substances
13054 discarded or rejected as being spent, useless, worthless, or in excess to the owner's needs at the
13055 time of discard or rejection, including garbage, refuse, industrial and commercial waste,
13056 sludges from air or water control facilities, rubbish, ashes, contained gaseous material,
13057 incinerator residue, demolition, and construction debris, discarded automobiles and offal, but
13058 not including sewage and other highly diluted water carried materials or substances and those
13059 in gaseous form.
13060 (8) "Solid waste management" means the purposeful and systematic collection,
13061 transportation, storage, processing, recovery, and disposal of solid waste.
13062 (9) "Solid waste management facility" means any facility employed for solid waste
13063 management, including transfer stations, transport systems, baling facilities, landfills,
13064 processing systems, including resource recovery facilities or other facilities for reducing solid
13065 waste volume, plants and facilities for compacting, composting, or pyrolization of solid wastes,
13066 incinerators and other solid waste disposal, reduction, or conversion facilities, and facilities for
13067 resource recovery of energy consisting of:
13068 (a) facilities for the production, transmission, distribution, and sale of heat and
13069 steam[,]; and
13070 (b) facilities for the generation and sale of electric energy to a public utility or
13071 municipality or other public entity which owns and operates an electric power system on March
13072 15, 1982, and for the generation, sale, and transmission of electric energy on an emergency
13073 basis only to a military installation of the United States; provided, that solid waste management
13074 facilities are not a public utility as defined in Section 54-2-1 .
13075 Section 371. Section 20A-1-102 is amended to read:
13076 20A-1-102. Definitions.

13077 As used in this title:
13078 (1) "Active voter" means a registered voter who has not been classified as an inactive
13079 voter by the county clerk.
13080 (2) "Automatic tabulating equipment" means apparatus that automatically examines
13081 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
13082 (3) "Ballot" means the storage medium, whether paper, mechanical, or electronic, upon
13083 which a voter records his votes and includes ballot sheets, paper ballots, electronic ballots, and
13084 secrecy envelopes.
13085 (4) "Ballot sheet":
13086 (a) means a ballot that:
13087 (i) consists of paper or a card where the voter's votes are marked or recorded; and
13088 (ii) can be counted using automatic tabulating equipment; and
13089 (b) includes punch card ballots, and other ballots that are machine-countable.
13090 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that
13091 contain the names of offices and candidates and statements of ballot propositions to be voted
13092 on and which are used in conjunction with ballot sheets that do not display that information.
13093 (6) "Ballot proposition" means opinion questions specifically authorized by the
13094 Legislature, constitutional amendments, initiatives, referenda, and judicial retention questions
13095 that are submitted to the voters for their approval or rejection.
13096 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
13097 20A-4-306 to canvass election returns.
13098 (8) "Bond election" means an election held for the purpose of approving or rejecting
13099 the proposed issuance of bonds by a government entity.
13100 (9) "Book voter registration form" means voter registration forms contained in a bound
13101 book that are used by election officers and registration agents to register persons to vote.
13102 (10) "By-mail voter registration form" means a voter registration form designed to be
13103 completed by the voter and mailed to the election officer.
13104 (11) "Canvass" means the review of election returns and the official declaration of
13105 election results by the board of canvassers.
13106 (12) "Canvassing judge" means a poll worker designated to assist in counting ballots at
13107 the canvass.

13108 (13) "Convention" means the political party convention at which party officers and
13109 delegates are selected.
13110 (14) "Counting center" means one or more locations selected by the election officer in
13111 charge of the election for the automatic counting of ballots.
13112 (15) "Counting judge" means a poll worker designated to count the ballots during
13113 election day.
13114 (16) "Counting poll watcher" means a person selected as provided in Section
13115 20A-3-201 to witness the counting of ballots.
13116 (17) "Counting room" means a suitable and convenient private place or room,
13117 immediately adjoining the place where the election is being held, for use by the counting judges
13118 to count ballots during election day.
13119 (18) "County executive" has the meaning as provided in Subsection 68-3-12 (2).
13120 (19) "County legislative body" has the meaning as provided in Subsection 68-3-12 (2).
13121 (20) "County officers" means those county officers that are required by law to be
13122 elected.
13123 (21) "Election" means a regular general election, a municipal general election, a
13124 statewide special election, a local special election, a regular primary election, a municipal
13125 primary election, and a [special] local district election.
13126 (22) "Election Assistance Commission" means the commission established by Public
13127 Law 107-252, the Help America Vote Act of 2002.
13128 (23) "Election cycle" means the period beginning on the first day persons are eligible to
13129 file declarations of candidacy and ending when the canvass is completed.
13130 (24) "Election judge" means each canvassing judge, counting judge, and receiving
13131 judge.
13132 (25) "Election officer" means:
13133 (a) the lieutenant governor, for all statewide ballots;
13134 (b) the county clerk or clerks for all county ballots and for certain ballots and elections
13135 as provided in Section 20A-5-400.5 ;
13136 (c) the municipal clerk for all municipal ballots and for certain ballots and elections as
13137 provided in Section 20A-5-400.5 ;
13138 (d) the [special] local district clerk or chief executive officer for certain ballots and

13139 elections as provided in Section 20A-5-400.5 ; and
13140 (e) the business administrator or superintendent of a school district for certain ballots
13141 or elections as provided in Section 20A-5-400.5 .
13142 (26) "Election official" means any election officer, election judge, poll worker, or
13143 satellite registrar.
13144 (27) "Election results" means, for bond elections, the count of those votes cast for and
13145 against the bond proposition plus any or all of the election returns that the board of canvassers
13146 may request.
13147 (28) "Election returns" includes the pollbook, all affidavits of registration, the military
13148 and overseas absentee voter registration and voting certificates, one of the tally sheets, any
13149 unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all
13150 spoiled ballots, the ballot disposition form, and the total votes cast form.
13151 (29) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
13152 device or other voting device that records and stores ballot information by electronic means.
13153 (30) "Electronic voting system" means a system in which a voting device is used in
13154 conjunction with ballots so that votes recorded by the voter are counted and tabulated by
13155 automatic tabulating equipment.
13156 (31) "Inactive voter" means a registered voter who has been sent the notice required by
13157 Section 20A-2-306 and who has failed to respond to that notice.
13158 (32) "Inspecting poll watcher" means a person selected as provided in this title to
13159 witness the receipt and safe deposit of voted and counted ballots.
13160 (33) "Judicial office" means the office filled by any judicial officer.
13161 (34) "Judicial officer" means any justice or judge of a court of record or any county
13162 court judge.
13163 (35) "Local district" means a local government entity under Title 17B, Limited Purpose
13164 Local Government Entities - Local Districts, and includes a special service district under Title
13165 17A, Chapter 2, Part 13, Utah Special Service District Act.
13166 (36) "Local district officers" means those local district officers that are required by law
13167 to be elected.
13168 [(35)] (37) "Local election" means a regular municipal election, a local special election,
13169 a [special] local district election, and a bond election.

13170 [(36)] (38) "Local political subdivision" means a county, a municipality, a [special]
13171 local district, or a local school district.
13172 [(37)] (39) "Local special election" means a special election called by the governing
13173 body of a local political subdivision in which all registered voters of the local political
13174 subdivision may vote.
13175 [(38)] (40) "Municipal executive" means:
13176 (a) the city council or town council in the traditional management arrangement
13177 established by Title 10, Chapter 3, Part 1, Governing Body;
13178 (b) the mayor in the council-mayor optional form of government defined in Section
13179 10-3-101 ; and
13180 (c) the manager in the council-manager optional form of government defined in
13181 Section 10-3-101 .
13182 [(39)] (41) "Municipal general election" means the election held in municipalities and
13183 [special] local districts on the first Tuesday after the first Monday in November of each
13184 odd-numbered year for the purposes established in Section 20A-1-202 .
13185 [(40)] (42) "Municipal legislative body" means:
13186 (a) the city council or town council in the traditional management arrangement
13187 established by Title 10, Chapter 3, Part 1, Governing Body;
13188 (b) the municipal council in the council-mayor optional form of government defined in
13189 Section 10-3-101 ; and
13190 (c) the municipal council in the council-manager optional form of government defined
13191 in Section 10-3-101 .
13192 [(41)] (43) "Municipal officers" means those municipal officers that are required by
13193 law to be elected.
13194 [(42)] (44) "Municipal primary election" means an election held to nominate
13195 candidates for municipal office.
13196 [(43)] (45) "Official ballot" means the ballots distributed by the election officer to the
13197 poll workers to be given to voters to record their votes.
13198 [(44)] (46) "Official endorsement" means:
13199 (a) the information on the ballot that identifies:
13200 (i) the ballot as an official ballot;

13201 (ii) the date of the election; and
13202 (iii) the facsimile signature of the election officer; and
13203 (b) the information on the ballot stub that identifies:
13204 (i) the poll worker's initials; and
13205 (ii) the ballot number.
13206 [(45)] (47) "Official register" means the official record furnished to election officials
13207 by the election officer that contains the information required by Section 20A-5-401 .
13208 [(46)] (48) "Paper ballot" means a paper that contains:
13209 (a) the names of offices and candidates and statements of ballot propositions to be
13210 voted on; and
13211 (b) spaces for the voter to record his vote for each office and for or against each ballot
13212 proposition.
13213 [(47)] (49) "Political party" means an organization of registered voters that has
13214 qualified to participate in an election by meeting the requirements of Title 20A, Chapter 8,
13215 Political Party Formation and Procedures.
13216 [(48)] (50) (a) "Poll worker" means a person assigned by an election official to assist
13217 with an election, voting, or counting votes.
13218 (b) "Poll worker" includes election judges.
13219 (c) "Poll worker" does not include a watcher.
13220 [(49)] (51) "Pollbook" means a record of the names of voters in the order that they
13221 appear to cast votes.
13222 [(50)] (52) "Polling place" means the building where voting is conducted.
13223 [(51)] (53) "Position" means a square, circle, rectangle, or other geometric shape on a
13224 ballot in which the voter marks his choice.
13225 [(52)] (54) "Provisional ballot" means a ballot voted provisionally by a person:
13226 (a) whose name is not listed on the official register at the polling place;
13227 (b) whose legal right to vote is challenged as provided in this title; or
13228 (c) whose identity was not sufficiently established by an election judge.
13229 [(53)] (55) "Provisional ballot envelope" means an envelope printed in the form
13230 required by Section 20A-6-105 that is used to identify provisional ballots and to provide
13231 information to verify a person's legal right to vote.

13232 [(54)] (56) "Primary convention" means the political party conventions at which
13233 nominees for the regular primary election are selected.
13234 [(55)] (57) "Protective counter" means a separate counter, which cannot be reset, that is
13235 built into a voting machine and records the total number of movements of the operating lever.
13236 [(56)] (58) "Qualify" or "qualified" means to take the oath of office and begin
13237 performing the duties of the position for which the person was elected.
13238 [(57)] (59) "Receiving judge" means the poll worker that checks the voter's name in the
13239 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
13240 after the voter has voted.
13241 [(58)] (60) "Registration days" means the days designated in Section 20A-2-203 when
13242 a voter may register to vote with a satellite registrar.
13243 [(59)] (61) "Registration form" means a book voter registration form and a by-mail
13244 voter registration form.
13245 [(60)] (62) "Regular ballot" means a ballot that is not a provisional ballot.
13246 [(61)] (63) "Regular general election" means the election held throughout the state on
13247 the first Tuesday after the first Monday in November of each even-numbered year for the
13248 purposes established in Section 20A-1-201 .
13249 [(62)] (64) "Regular primary election" means the election on the fourth Tuesday of
13250 June of each even-numbered year, at which candidates of political parties and nonpolitical
13251 groups are voted for nomination.
13252 [(63)] (65) "Resident" means a person who resides within a specific voting precinct in
13253 Utah.
13254 [(64)] (66) "Sample ballot" means a mock ballot similar in form to the official ballot
13255 printed and distributed as provided in Section 20A-5-405 .
13256 [(65)] (67) "Satellite registrar" means a person appointed under Section 20A-5-201 to
13257 register voters and perform other duties.
13258 [(66)] (68) "Scratch vote" means to mark or punch the straight party ticket and then
13259 mark or punch the ballot for one or more candidates who are members of different political
13260 parties.
13261 [(67)] (69) "Secrecy envelope" means the envelope given to a voter along with the
13262 ballot into which the voter places the ballot after he has voted it in order to preserve the secrecy

13263 of the voter's vote.
13264 [(68) "Special district" means those local government entities created under the
13265 authority of Title 17A.]
13266 [(69) "Special district officers" means those special district officers that are required by
13267 law to be elected.]
13268 (70) "Special election" means an election held as authorized by Section 20A-1-204 .
13269 (71) "Spoiled ballot" means each ballot that:
13270 (a) is spoiled by the voter;
13271 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
13272 (c) lacks the official endorsement.
13273 (72) "Statewide special election" means a special election called by the governor or the
13274 Legislature in which all registered voters in Utah may vote.
13275 (73) "Stub" means the detachable part of each ballot.
13276 (74) "Substitute ballots" means replacement ballots provided by an election officer to
13277 the poll workers when the official ballots are lost or stolen.
13278 (75) "Ticket" means each list of candidates for each political party or for each group of
13279 petitioners.
13280 (76) "Transfer case" means the sealed box used to transport voted ballots to the
13281 counting center.
13282 (77) "Vacancy" means the absence of a person to serve in any position created by
13283 statute, whether that absence occurs because of death, disability, disqualification, resignation,
13284 or other cause.
13285 (78) "Valid voter identification" means:
13286 (a) a form of identification that bears the name and photograph of the voter which may
13287 include:
13288 (i) a currently valid Utah driver license;
13289 (ii) a currently valid identification card that is issued by:
13290 (A) the state;
13291 (B) a local government within the state; or
13292 (C) a branch, department, or agency of the United States;
13293 (iii) an identification card that is issued by an employer for an employee;

13294 (iv) a currently valid identification card that is issued by a college, university, technical
13295 school, or professional school that is located within the state;
13296 (v) a currently valid Utah permit to carry a concealed weapon;
13297 (vi) a currently valid United States passport; or
13298 (vii) a valid tribal identification card; or
13299 (b) two forms of identification that bear the name of the voter and provide evidence
13300 that the voter resides in the voting precinct, which may include:
13301 (i) a voter identification card;
13302 (ii) a current utility bill or a legible copy thereof;
13303 (iii) a bank or other financial account statement, or a legible copy thereof;
13304 (iv) a certified birth certificate;
13305 (v) a valid Social Security card;
13306 (vi) a check issued by the state or the federal government or a legible copy thereof;
13307 (vii) a paycheck from the voter's employer, or a legible copy thereof;
13308 (viii) a currently valid Utah hunting or fishing license;
13309 (ix) a currently valid United States military identification card;
13310 (x) certified naturalization documentation;
13311 (xi) a currently valid license issued by an authorized agency of the United States;
13312 (xii) a certified copy of court records showing the voter's adoption or name change;
13313 (xiii) a Bureau of Indian Affairs card;
13314 (xiv) a tribal treaty card;
13315 (xv) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card; or
13316 (xvi) a form of identification listed in Subsection (76)(a) that does not contain a
13317 photograph, but establishes the name of the voter and provides evidence that the voter resides
13318 in the voting precinct.
13319 (79) "Valid write-in candidate" means a candidate who has qualified as a write-in
13320 candidate by following the procedures and requirements of this title.
13321 (80) "Voter" means a person who meets the requirements for voting in an election,
13322 meets the requirements of election registration, is registered to vote, and is listed in the official
13323 register book.
13324 (81) "Voter registration deadline" means the registration deadline provided in Section

13325 20A-2-102.5 .
13326 (82) "Voting area" means the area within six feet of the voting booths, voting
13327 machines, and ballot box.
13328 (83) "Voting booth" means:
13329 (a) the space or compartment within a polling place that is provided for the preparation
13330 of ballots, including the voting machine enclosure or curtain; or
13331 (b) a voting device that is free standing.
13332 (84) "Voting device" means:
13333 (a) an apparatus in which ballot sheets are used in connection with a punch device for
13334 piercing the ballots by the voter;
13335 (b) a device for marking the ballots with ink or another substance;
13336 (c) a device used to make selections and cast a ballot electronically, or any component
13337 thereof;
13338 (d) an automated voting system under Section 20A-5-302 ; or
13339 (e) any other method for recording votes on ballots so that the ballot may be tabulated
13340 by means of automatic tabulating equipment.
13341 (85) "Voting machine" means a machine designed for the sole purpose of recording and
13342 tabulating votes cast by voters at an election.
13343 (86) "Voting poll watcher" means a person appointed as provided in this title to witness
13344 the distribution of ballots and the voting process.
13345 (87) "Voting precinct" means the smallest voting unit established as provided by law
13346 within which qualified voters vote at one polling place.
13347 (88) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting
13348 poll watcher, and a testing watcher.
13349 (89) "Western States Presidential Primary" means the election established in Title 20A,
13350 Chapter 9, Part 8.
13351 (90) "Write-in ballot" means a ballot containing any write-in votes.
13352 (91) "Write-in vote" means a vote cast for a person whose name is not printed on the
13353 ballot according to the procedures established in this title.
13354 Section 372. Section 20A-1-201.5 is amended to read:
13355 20A-1-201.5. Primary election dates.

13356 (1) A regular primary election shall be held throughout the state on the fourth Tuesday
13357 of June of each even numbered year as provided in Section 20A-9-403 , to nominate persons for
13358 national, state, school board, and county offices.
13359 (2) A municipal primary election shall be held, if necessary, on the Tuesday following
13360 the first Monday in October before the regular municipal election to nominate persons for
13361 municipal [and special district] offices.
13362 (3) The Western States Presidential Primary election shall be held throughout the state
13363 on the first Tuesday in February in the year in which a presidential election will be held.
13364 Section 373. Section 20A-1-202 is amended to read:
13365 20A-1-202. Date and purpose of local elections.
13366 (1) A municipal general election shall be held in municipalities and [special] local
13367 districts on the first Tuesday after the first Monday in November of each odd-numbered year.
13368 (2) At the municipal general election, the voters shall:
13369 (a) (i) choose persons to serve as municipal officers; and
13370 (ii) choose persons to serve as [special] local district officers; and
13371 (b) approve or reject:
13372 (i) any proposed initiatives or referenda that have qualified for the ballot as provided by
13373 law; and
13374 (ii) any other ballot propositions submitted to the voters that are authorized by the Utah
13375 Code.
13376 Section 374. Section 20A-1-512 is amended to read:
13377 20A-1-512. Midterm vacancies on local district boards.
13378 (1) (a) Whenever a vacancy occurs on any [special] local district board for any reason,
13379 a replacement to serve out the unexpired term shall be appointed as provided in this section by:
13380 (i) the [special] local district board, if the person vacating the position was elected; or
13381 (ii) the appointing authority, if the person vacating the position was appointed.
13382 (b) Before acting to fill the vacancy, the [special] local district board shall:
13383 (i) give public notice of the vacancy at least two weeks before the [special] local
13384 district board meets to fill the vacancy;
13385 (ii) identify, in the notice:
13386 (A) the date, time, and place of the meeting where the vacancy will be filled; and

13387 (B) the person to whom a person interested in being appointed to fill the vacancy may
13388 submit his name for consideration and any deadline for submitting it.
13389 (2) If the [special] local district board fails to appoint a person to complete an elected
13390 board member's term within 90 days, the county or municipality that created the [special] local
13391 district shall fill the vacancy.
13392 Section 375. Section 20A-2-101 is amended to read:
13393 20A-2-101. Eligibility for registration.
13394 (1) Except as provided in Subsection (2), any person may apply to register to vote in an
13395 election who:
13396 (a) is a citizen of the United States;
13397 (b) has been a resident of Utah for at least the 30 days immediately before the election;
13398 and
13399 (c) will be at least 18 years old on the day of the election.
13400 (2) (a) (i) A person who is involuntarily confined or incarcerated in a jail, prison, or
13401 other facility within a voting precinct is not a resident of that voting precinct and may not
13402 register to vote in that voting precinct unless the person was a resident of that voting precinct
13403 before the confinement or incarceration.
13404 (ii) A person who is involuntarily confined or incarcerated in a jail or prison is resident
13405 of the voting precinct in which the person resided before the confinement or incarceration.
13406 (b) A person who has been convicted of a felony whose right to vote has not been
13407 restored as provided by law may not register to vote.
13408 (3) Any person who is eligible or qualified to vote may register and vote in a regular
13409 general election, a regular primary election, a municipal general election, a municipal primary
13410 election, a statewide special election, a local special election, a [special] local district election,
13411 and a bond election unless that person resides outside the geographic boundaries of the entity in
13412 which the election is held.
13413 Section 376. Section 20A-3-101 is amended to read:
13414 20A-3-101. Residency and age requirements of voters.
13415 (1) A person may vote in any regular general election or statewide special election if
13416 that person:
13417 (a) is a citizen of the United States;

13418 (b) is a resident of Utah;
13419 (c) will, on the date of that election:
13420 (i) be at least 18 years old; and
13421 (ii) have been a resident of Utah for 30 days immediately before that election; and
13422 (d) has registered to vote.
13423 (2) A person may vote in the Western States Presidential Primary election or a regular
13424 primary election if that person:
13425 (a) is a citizen of the United States;
13426 (b) is a resident of Utah;
13427 (c) will, on the date of that election:
13428 (i) be at least 18 years old; and
13429 (ii) have been a resident of Utah for 30 days immediately before that election;
13430 (d) has registered to vote; and
13431 (e) whose political party affiliation, or unaffiliated status, allows the voter to vote in the
13432 election.
13433 (3) A person may vote in a municipal general election, municipal primary, in a local
13434 special election, in a [special] local district election, and in a bond election if that person:
13435 (a) is a citizen of the United States;
13436 (b) is a resident of Utah;
13437 (c) is a resident of the local entity that is holding the election;
13438 (d) will, on the date of the election:
13439 (i) be at least 18 years old; and
13440 (ii) have been a resident of Utah for 30 days immediately before the election; and
13441 (e) has registered to vote.
13442 Section 377. Section 20A-3-102 is amended to read:
13443 20A-3-102. Voting by secret ballot.
13444 All voting at each regular and municipal general election, at each statewide or local
13445 special election, at each primary election, at each [special] local district election, and at each
13446 bond election shall be by secret ballot.
13447 Section 378. Section 20A-3-501 is amended to read:
13448 20A-3-501. Polling place -- Prohibited activities.

13449 (1) As used in this section:
13450 (a) "electioneering" includes any oral, printed, or written attempt to persuade persons to
13451 refrain from voting or to vote for or vote against any candidate or issue; and
13452 (b) "polling place" means the physical place where ballots and absentee ballots are cast
13453 and includes the county clerk's office or city hall during the period in which absentee ballots
13454 may be cast there.
13455 (2) (a) A person may not, within a polling place or in any public area within 150 feet of
13456 the building where a polling place is located:
13457 (i) do any electioneering;
13458 (ii) circulate cards or handbills of any kind;
13459 (iii) solicit signatures to any kind of petition; or
13460 (iv) engage in any practice that interferes with the freedom of voters to vote or disrupts
13461 the administration of the polling place.
13462 (b) A county, municipality, school district, or [special] local district may not prohibit
13463 electioneering that occurs more than 150 feet from the building where a polling place is
13464 located, but may regulate the place and manner of that electioneering to protect the public
13465 safety.
13466 (3) (a) A person may not obstruct the doors or entries to a building in which a polling
13467 place is located or prevent free access to and from any polling place.
13468 (b) A sheriff, deputy sheriff, or municipal law enforcement officer shall prevent the
13469 obstruction of the entrance to a polling place and may arrest any person creating an obstruction.
13470 (4) A person may not:
13471 (a) remove any ballot from the polling place before the closing of the polls, except as
13472 provided in Section 20A-4-101 ; or
13473 (b) solicit any voter to show his ballot.
13474 (5) A person may not receive a voted ballot from any voter or deliver an unused ballot
13475 to a voter unless that person is an election judge.
13476 (6) Any person who violates any provision of this section is guilty of a class A
13477 misdemeanor.
13478 (7) A political subdivision may not prohibit political signs that are located more than
13479 150 feet away from a polling place, but may regulate their placement to protect public safety.

13480 Section 379. Section 20A-4-301 is amended to read:
13481 20A-4-301. Board of canvassers.
13482 (1) (a) Each county legislative body is the board of county canvassers for:
13483 (i) the county; and
13484 (ii) each [special] local district whose election is conducted by the county.
13485 (b) (i) Except as provided in Subsection (1)(b)(ii), the board of county canvassers shall
13486 meet to canvass the returns at the usual place of meeting of the county legislative body, at a
13487 date and time determined by the county clerk that is no sooner than seven days after the
13488 election and no later than 14 days after the election.
13489 (ii) When canvassing returns for the Western States Presidential Primary, the board of
13490 county canvassers shall meet to canvass the returns at the usual place of meeting of the county
13491 legislative body, at noon on the Tuesday after the election.
13492 (c) If one or more of the county legislative body fails to attend the meeting of the board
13493 of county canvassers, the remaining members shall replace the absent member by appointing in
13494 the order named:
13495 (i) the county treasurer;
13496 (ii) the county assessor; or
13497 (iii) the county sheriff.
13498 (d) The board of county canvassers shall always consist of three acting members.
13499 (e) The county clerk is the clerk of the board of county canvassers.
13500 (2) (a) The mayor and the municipal legislative body are the board of municipal
13501 canvassers for the municipality.
13502 (b) The board of municipal canvassers shall meet to canvass the returns at the usual
13503 place of meeting of the municipal legislative body:
13504 (i) for canvassing of returns from a municipal general election, no sooner than seven
13505 days after the election and no later than 14 days after the election; or
13506 (ii) for canvassing of returns from a municipal primary election, no sooner than three
13507 days after the election and no later than seven days after the election.
13508 (3) (a) The legislative body of the entity authorizing a bond election is the board of
13509 canvassers for each bond election.
13510 (b) The board of canvassers for the bond election shall comply with the canvassing

13511 procedures and requirements of Section 11-14-207 .
13512 Section 380. Section 20A-4-304 is amended to read:
13513 20A-4-304. Declaration of results -- Canvassers' report.
13514 (1) Each board of canvassers shall:
13515 (a) declare "elected" or "nominated" those persons who:
13516 (i) had the highest number of votes; and
13517 (ii) sought election or nomination to an office completely within the board's
13518 jurisdiction;
13519 (b) declare:
13520 (i) "approved" those ballot propositions that:
13521 (A) had more "yes" votes than "no" votes; and
13522 (B) were submitted only to the voters within the board's jurisdiction;
13523 (ii) "rejected" those ballot propositions that:
13524 (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
13525 votes; and
13526 (B) were submitted only to the voters within the board's jurisdiction;
13527 (c) certify the vote totals for persons and for and against ballot propositions that were
13528 submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
13529 the lieutenant governor; and
13530 (d) if applicable, certify the results of each [special] local district election to the
13531 [special] local district clerk.
13532 (2) (a) As soon as the result is declared, the election officer shall prepare a report of the
13533 result, which shall contain:
13534 (i) the total number of votes cast in the board's jurisdiction;
13535 (ii) the names of each candidate whose name appeared on the ballot;
13536 (iii) the title of each ballot proposition that appeared on the ballot;
13537 (iv) each office that appeared on the ballot;
13538 (v) from each voting precinct:
13539 (A) the number of votes for each candidate; and
13540 (B) the number of votes for and against each ballot proposition;
13541 (vi) the total number of votes given in the board's jurisdiction to each candidate, and

13542 for and against each ballot proposition; and
13543 (vii) a statement certifying that the information contained in the report is accurate.
13544 (b) The election officer and the board of canvassers shall:
13545 (i) review the report to ensure that it is correct; and
13546 (ii) sign the report.
13547 (c) The election officer shall:
13548 (i) record or file the certified report in a book kept for that purpose;
13549 (ii) prepare and transmit a certificate of nomination or election under the officer's seal
13550 to each nominated or elected candidate;
13551 (iii) publish a copy of the certified report in a newspaper with general circulation in the
13552 board's jurisdiction and post it in a conspicuous place within the jurisdiction; and
13553 (iv) file a copy of the certified report with the lieutenant governor.
13554 (3) When there has been a regular general or a statewide special election for statewide
13555 officers, for officers that appear on the ballot in more than one county, or for a statewide or two
13556 or more county ballot proposition, each board of canvassers shall:
13557 (a) prepare a separate report detailing the number of votes for each candidate and the
13558 number of votes for and against each ballot proposition; and
13559 (b) transmit it by registered mail to the lieutenant governor.
13560 (4) In each county election, municipal election, school election, [special] local district
13561 election, and local special election, the election officer shall transmit the reports to the
13562 lieutenant governor within 14 days after the date of the election.
13563 (5) In regular primary elections and in the Western States Presidential Primary, the
13564 board shall transmit to the lieutenant governor:
13565 (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
13566 governor:
13567 (i) not later than the second Tuesday after the primary election for the regular primary
13568 election; and
13569 (ii) not later than the Tuesday following the election for the Western States Presidential
13570 Primary; and
13571 (b) a complete tabulation showing voting totals for all primary races, precinct by
13572 precinct, to be mailed to the lieutenant governor on or before the third Friday following the

13573 primary election.
13574 Section 381. Section 20A-4-305 is amended to read:
13575 20A-4-305. Delivery of checked official register to county clerk after canvass.
13576 Within ten days after the canvass of a November municipal election, [special] local
13577 district election, bond election, or special election, the clerk or recorder shall transmit the
13578 checked official register and pollbook to the county clerk.
13579 Section 382. Section 20A-4-401 is amended to read:
13580 20A-4-401. Recounts -- Procedure.
13581 (1) (a) (i) For any regular primary, regular general, or municipal general election, or the
13582 Western States Presidential primary, when any candidate loses by not more than a total of one
13583 vote per voting precinct, the candidate may file a request for a recount within seven days after
13584 the canvass with:
13585 (A) the municipal clerk, if the election is a municipal election;
13586 (B) the [special] local district clerk, if the election is a [special] local district election;
13587 (C) the county clerk, for races or ballot propositions voted on entirely within a single
13588 county; or
13589 (D) the lieutenant governor, for statewide races and ballot propositions and for
13590 multicounty races and ballot propositions.
13591 (ii) For any municipal primary election, when any candidate loses by not more than a
13592 total of one vote per voting precinct, the candidate may file a request for a recount with the
13593 appropriate election officer within three days after the canvass.
13594 (b) The election officer shall:
13595 (i) supervise the recount;
13596 (ii) recount all ballots cast for that office;
13597 (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
13598 3, Absentee Voting; and
13599 (iv) declare elected the person receiving the highest number of votes on the recount.
13600 (2) (a) Any ten voters who voted in an election when any ballot proposition or bond
13601 proposition was on the ballot may file a request for a recount with the appropriate election
13602 officer within seven days of the canvass.
13603 (b) The election officer shall:

13604 (i) supervise the recount;
13605 (ii) recount all ballots cast for that ballot proposition or bond proposition;
13606 (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
13607 3, Absentee Voting; and
13608 (iv) declare the ballot proposition or bond proposition to have "passed" or "failed"
13609 based upon the results of the recount.
13610 (c) Proponents and opponents of the ballot proposition or bond proposition may
13611 designate representatives to witness the recount.
13612 (d) The voters requesting the recount shall pay the costs of the recount.
13613 (3) Costs incurred by recount under Subsection (1) may not be assessed against the
13614 person requesting the recount.
13615 (4) (a) Upon completion of the recount, the election officer shall immediately convene
13616 the board of canvassers.
13617 (b) The board of canvassers shall:
13618 (i) canvass the election returns for the race or proposition that was the subject of the
13619 recount; and
13620 (ii) with the assistance of the election officer, prepare and sign the report required by
13621 Section 20A-4-304 or Section 20A-4-306 .
13622 (c) If the recount is for a statewide or multicounty race or for a statewide proposition,
13623 the board of county canvassers shall prepare and transmit a separate report to the lieutenant
13624 governor as required by Subsection 20A-4-304 (3).
13625 (d) The canvassers' report prepared as provided in this Subsection (4) is the official
13626 result of the race or proposition that is the subject of the recount.
13627 Section 383. Section 20A-5-101 is amended to read:
13628 20A-5-101. Notice of election.
13629 (1) On or before February 1 in each regular general election year, the lieutenant
13630 governor shall prepare and transmit a written notice to each county clerk that:
13631 (a) designates the offices to be filled at the regular general election;
13632 (b) identifies the dates for filing a declaration of candidacy for those offices; and
13633 (c) contains a description of any ballot propositions to be decided by the voters that
13634 have qualified for the ballot as of that date.

13635 (2) (a) No later than February 10, each county clerk shall:
13636 (i) publish a notice once in a newspaper published in that county; or
13637 (ii) (A) cause a copy of the notice to be posted in a conspicuous place most likely to
13638 give notice of the election to the voters in each voting precinct within the county; and
13639 (B) prepare an affidavit of that posting, showing a copy of the notice and the places
13640 where the notice was posted.
13641 (b) The notice required by Subsection (2)(a) shall:
13642 (i) designate the offices to be voted on in that election in that county, other than
13643 [special] local district offices; and
13644 (ii) identify the dates for filing a declaration of candidacy for those offices.
13645 (3) Before each election, the election officer shall give written or printed notice of:
13646 (a) the date and place of election;
13647 (b) the hours during which the polls will be open;
13648 (c) the polling places for each voting precinct; and
13649 (d) the qualifications for persons to vote in the election.
13650 (4) To provide the notice required by Subsection (3), the election officer shall publish
13651 the notice at least two days before the election in a newspaper of general circulation common to
13652 the area or in which the election is being held.
13653 Section 384. Section 20A-5-201 is amended to read:
13654 20A-5-201. Satellite registrars -- Appointment.
13655 (1) Each county legislative body shall appoint one or more persons to act as satellite
13656 registrars for each satellite location.
13657 (2) (a) The county legislative body shall appoint satellite registrars every two years at
13658 the regular meeting of the county legislative body held nearest to the first day of the May before
13659 the regular general election.
13660 (b) The county legislative body shall appoint satellite registrars to serve two-year
13661 terms, but may remove them at any time for cause.
13662 (c) The county legislative body may not appoint a person who is a candidate for, or
13663 who holds, an elective state, county, municipal, school district, [special] local district, or other
13664 public office to be a satellite registrar.
13665 (d) A person who is a candidate for, or who holds, an elective state, county, municipal,

13666 school district, [special] local district, or other public office may not act as a satellite registrar.
13667 (e) A satellite registrar may also serve as an election judge.
13668 (f) The county clerk shall provide each satellite registrar with written notice of his
13669 appointment.
13670 (3) (a) Each county legislative body shall provide each satellite registrar with all books,
13671 stationery, and other supplies necessary to carry out the provisions of this chapter.
13672 (b) The satellite registrar shall return all remaining materials to the county clerk, or to a
13673 person designated by the county clerk, when his appointment ends.
13674 (4) A satellite registrar who resigns shall:
13675 (a) notify the county clerk of that fact; and
13676 (b) deliver to the county clerk, or to another person designated by the county clerk, the
13677 books, forms, maps, and materials in the agent's possession that pertain to the office.
13678 (5) (a) (i) The county clerk, upon receipt of notice of the death, disqualification, or
13679 resignation of any satellite registrar after the opening and before the closing of the registration
13680 books, shall immediately, without giving notice, appoint some competent person to fill the
13681 vacancy.
13682 (ii) The person appointed shall qualify within two days after receiving notice of the
13683 appointment.
13684 (b) (i) If a satellite registrar is sick or otherwise unable to serve on a designated
13685 registration day, the satellite registrar shall select a responsible adult to perform the agent's
13686 duties on that day.
13687 (ii) The county clerk shall approve the substituted adult.
13688 (iii) The substitute shall use the original designated satellite location.
13689 (6) (a) Before entering upon the duties prescribed in this chapter, each satellite registrar
13690 shall:
13691 (i) take and subscribe the oath of office required by Article IV, Sec. 10, Utah
13692 Constitution, before any person authorized to administer an oath; and
13693 (ii) file the oath with the county clerk.
13694 (b) Each county legislative body shall establish a per diem as compensation for all
13695 services provided by satellite registrars.
13696 (7) The county clerk shall make detailed entries of all proceedings had under this

13697 chapter and notify in writing the satellite registrars of their appointment.
13698 Section 385. Section 20A-5-302 is amended to read:
13699 20A-5-302. Automated voting system.
13700 (1) Any county or municipal legislative body or [special] local district board may:
13701 (a) adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any
13702 automated voting system that meets the requirements of this section; and
13703 (b) use that system in any election, in all or a part of the voting precincts within its
13704 boundaries, or in combination with paper ballots.
13705 (2) (a) Each automated voting system shall:
13706 (i) provide for voting in secrecy, except in the case of voters who have received
13707 assistance as authorized by Section 20A-3-108 ;
13708 (ii) permit each voter at any election to:
13709 (A) vote for all persons and offices for whom and for which that voter is lawfully
13710 entitled to vote;
13711 (B) vote for as many persons for an office as that voter is entitled to vote; and
13712 (C) vote for or against any ballot proposition upon which that voter is entitled to vote;
13713 (iii) permit each voter, at presidential elections, by one mark or punch to vote for the
13714 candidates of that party for president, vice president, and for their presidential electors;
13715 (iv) permit each voter, at any regular general election, to vote for all the candidates of
13716 one registered political party by making one mark or punch;
13717 (v) permit each voter to scratch vote;
13718 (vi) at elections other than primary elections, permit each voter to vote for the
13719 nominees of one or more parties and for independent candidates;
13720 (vii) at primary elections:
13721 (A) permit each voter to vote for candidates of the political party of his choice; and
13722 (B) reject any votes cast for candidates of another party;
13723 (viii) prevent the voter from voting for the same person more than once for the same
13724 office;
13725 (ix) provide the opportunity for each voter to change the ballot and to correct any error
13726 before the voter casts the ballot in compliance with the Help America Vote Act of 2002, Pub.
13727 L. No. 107-252;

13728 (x) include automatic tabulating equipment that rejects choices recorded on a voter's
13729 ballot if the number of the voter's recorded choices is greater than the number which the voter
13730 is entitled to vote for the office or on the measure;
13731 (xi) be of durable construction, suitably designed so that it may be used safely,
13732 efficiently, and accurately in the conduct of elections and counting ballots;
13733 (xii) when properly operated, record correctly and count accurately each vote cast;
13734 (xiii) for voting equipment certified after January 1, 2005, produce a permanent paper
13735 record that:
13736 (A) shall be available as an official record for any recount or election contest conducted
13737 with respect to an election where the voting equipment is used;
13738 (B) (I) shall be available for the voter's inspection prior to the voter leaving the polling
13739 place; and
13740 (II) shall permit the voter to inspect the record of the voter's selections independently
13741 only if reasonably practicable commercial methods permitting independent inspection are
13742 available at the time of certification of the voting equipment by the lieutenant governor;
13743 (C) shall include, at a minimum, human readable printing that shows a record of the
13744 voter's selections;
13745 (D) may also include machine readable printing which may be the same as the human
13746 readable printing; and
13747 (E) allows voting poll watchers and counting poll watchers to observe the election
13748 process to ensure its integrity; and
13749 (xiv) meet the requirements of Section 20A-5-402.5 .
13750 (b) For the purposes of a recount or an election contest, if the permanent paper record
13751 contains a conflict or inconsistency between the human readable printing and the machine
13752 readable printing, the human readable printing shall supercede the machine readable printing
13753 when determining the intent of the voter.
13754 (c) Notwithstanding any other provisions of this section, the election officers shall
13755 ensure that the ballots to be counted by means of electronic or electromechanical devices are of
13756 a size, layout, texture, and printed in a type of ink or combination of inks that will be suitable
13757 for use in the counting devices in which they are intended to be placed.
13758 Section 386. Section 20A-5-400.5 is amended to read:

13759 20A-5-400.5. Election officer for bond and leeway elections -- Billing.
13760 (1) When a voted leeway or bond election is held on the regular general election date or
13761 regular primary election date, the county clerk shall serve as the election officer to conduct and
13762 administer that election.
13763 (2) (a) When a voted leeway or bond election is held on the municipal general election
13764 date or any other election date permitted for special elections under Section 20A-1-204 , and the
13765 local political subdivision calling the election is entirely within the boundaries of the
13766 unincorporated county, the county clerk shall serve as the election officer to conduct and
13767 administer that election subject to Subsection (3).
13768 (b) When a voted leeway or bond election is held on the municipal general election
13769 date or any other election date permitted for special elections under Section 20A-1-204 , and the
13770 local political subdivision calling the election is entirely within the boundaries of a
13771 municipality, the municipal clerk for that municipality shall, except as provided in Subsection
13772 (3), serve as the election officer to conduct and administer that election.
13773 (c) When a voted leeway or bond election is held on the municipal general election
13774 date or any other election date permitted for special elections under Section 20A-1-204 , and the
13775 local political subdivision calling the election extends beyond the boundaries of a single
13776 municipality:
13777 (i) except as provided in Subsection (3), the municipal clerk shall serve as the election
13778 officer to conduct and administer the election for those portions of the local political
13779 subdivision where the municipal general election or other election is being held; and
13780 (ii) except as provided in Subsection (3), the county clerk shall serve as the election
13781 officer to conduct and administer the election for the unincorporated county and for those
13782 portions of any municipality where no municipal general election or other election is being
13783 held.
13784 (3) When a voted leeway or bond election is held on a date when no other election,
13785 other than another voted leeway or bond election, is being held in the entire area comprising the
13786 municipality calling the voted leeway or bond election:
13787 (a) the clerk or chief executive officer of a [special] local district or the business
13788 administrator or superintendent of the school district, as applicable, shall serve as the election
13789 officer to conduct and administer the bond election for those portions of the municipality in

13790 which no other election, other than another voted leeway or bond election, is being held, unless
13791 the [special] local district or school district has designated the county clerk, municipal clerk, or
13792 both, to serve as the election officer; and
13793 (b) the county clerk, municipal clerk, or both, as determined by the municipality
13794 holding the bond election, shall serve as the election officer to conduct and administer the bond
13795 election for those portions of the municipality in which another election, other than another
13796 voted leeway or bond election is being held.
13797 (4) (a) In conducting elections under this section:
13798 (i) the local political subdivision shall provide and pay for election notices; and
13799 (ii) the election officer shall determine polling locations and compile, prepare, and
13800 count the ballots.
13801 (b) The county clerk, the municipal clerk, or both shall:
13802 (i) establish fees for conducting voted leeway and bond elections for local political
13803 subdivisions; and
13804 (ii) bill each local political subdivision for the cost of conducting the voted leeway or
13805 bond election.
13806 (5) An election officer administering and conducting a voted leeway or bond election is
13807 authorized to appoint or employ agents and professional services to assist in conducting and
13808 administering the voted leeway or bond election.
13809 (6) The election officer in a voted leeway or bond election shall conduct its procedures
13810 under the direction of the local political subdivision calling the voted leeway or bond election.
13811 Section 387. Section 20A-5-401 is amended to read:
13812 20A-5-401. Official register and posting book -- Preparation -- Contents.
13813 (1) (a) Before the registration days for each regular general, municipal general, regular
13814 primary, municipal primary, or Western States Presidential Primary election, each county clerk
13815 shall prepare an official register of voters for each voting precinct that will participate in the
13816 election.
13817 (b) The county clerk shall ensure that the official register is prepared for the
13818 alphabetical entry of names and contains entry fields to provide for the following information:
13819 (i) registered voter's name;
13820 (ii) party affiliation;

13821 (iii) grounds for challenge;
13822 (iv) name of person challenging a voter;
13823 (v) primary, November, special;
13824 (vi) date of birth;
13825 (vii) place of birth;
13826 (viii) place of current residence;
13827 (ix) street address;
13828 (x) zip code;
13829 (xi) identification and provisional ballot information as required under Subsection
13830 (1)(d); and
13831 (xii) space for the voter to sign his name for each election.
13832 (c) When preparing the official register for the Western States Presidential Primary, the
13833 county clerk shall include:
13834 (i) an entry field to record the name of the political party whose ballot the voter voted;
13835 and
13836 (ii) an entry field for the poll worker to record changes in the voter's party affiliation.
13837 (d) When preparing the official register for any regular general election, municipal
13838 general election, statewide special election, local special election, regular primary election,
13839 municipal primary election, [special] local district election, or election for federal office, the
13840 county clerk shall include:
13841 (i) an entry field that indicates if the voter is required to show identification before
13842 voting;
13843 (ii) an entry field for the poll worker to record the type of identification provided by the
13844 voter;
13845 (iii) a column for the poll worker to record the provisional envelope ballot number for
13846 voters who receive a provisional ballot; and
13847 (iv) a space for the poll worker to record the type of identification that was provided by
13848 voters who receive a provisional ballot.
13849 (2) (a) (i) For regular and municipal elections, primary elections, regular municipal
13850 elections, [special] local district elections, and bond elections, the county clerk shall make an
13851 official register only for voting precincts affected by the primary, municipal, [special] local

13852 district, or bond election.
13853 (ii) If a polling place to be used in a bond election serves both voters residing in the
13854 local political subdivision calling the bond election and voters residing outside of that local
13855 political subdivision, the official register shall designate whether each voter resides in or
13856 outside of the local political subdivision.
13857 (iii) Each county clerk, with the assistance of the clerk of each affected [special] local
13858 district, shall provide a detailed map or an indication on the registration list or other means to
13859 enable a poll worker to determine the voters entitled to vote at an election of [special] local
13860 district officers.
13861 (b) Municipalities shall pay the costs of making the official register for municipal
13862 elections.
13863 Section 388. Section 20A-5-403 is amended to read:
13864 20A-5-403. Polling places -- Booths -- Ballot boxes -- Inspections -- Provisions --
13865 Arrangements.
13866 (1) Each election officer shall:
13867 (a) designate polling places for each voting precinct in the jurisdiction; and
13868 (b) obtain the approval of the county or municipal legislative body or [special] local
13869 district governing board for those polling places.
13870 (2) (a) For each polling place, the election officer shall provide:
13871 (i) an American flag;
13872 (ii) a sufficient number of voting booths or compartments;
13873 (iii) the voting devices, voting booths, ballots, ballot boxes, ballot labels, ballot sheets,
13874 write-in ballots, and any other records and supplies necessary to enable a voter to vote;
13875 (iv) the constitutional amendment cards required by Part 1, Election Notices and
13876 Instructions;
13877 (v) voter information pamphlets required by Title 20A, Chapter 7, Part 7, Voter
13878 Information Pamphlet; and
13879 (vi) the instruction cards required by Section 20A-5-102 .
13880 (b) Each election officer shall ensure that:
13881 (i) each voting booth is at a convenient height for writing, and is arranged so that the
13882 voter can prepare his ballot screened from observation;

13883 (ii) there are a sufficient number of voting booths or voting devices to accommodate
13884 the voters at that polling place; and
13885 (iii) there is at least one voting booth or voting device that is configured to
13886 accommodate persons with disabilities.
13887 (c) Each county clerk shall provide a ballot box for each polling place that is large
13888 enough to properly receive and hold the ballots to be cast.
13889 (3) (a) All polling places shall be physically inspected by each county clerk to ensure
13890 access by a person with a disability.
13891 (b) Any issues concerning inaccessibility to polling places by a person with a disability
13892 discovered during the inspections referred to in Subsection (3)(a) or reported to the county
13893 clerk shall be:
13894 (i) forwarded to the Office of the Lieutenant Governor; and
13895 (ii) within six months of the time of the complaint, the issue of inaccessibility shall be
13896 either:
13897 (A) remedied at the particular location by the county clerk;
13898 (B) the county clerk shall designate an alternative accessible location for the particular
13899 precinct; or
13900 (C) if no practical solution can be identified, file with the Office of the Lieutenant
13901 Governor a written explanation identifying the reasons compliance cannot reasonably be met.
13902 (4) The municipality in which the election is held shall pay the cost of conducting each
13903 municipal election, including the cost of printing and supplies.
13904 (5) The county clerk shall make detailed entries of all proceedings had under this
13905 chapter.
13906 Section 389. Section 20A-5-407 is amended to read:
13907 20A-5-407. Election officer to provide ballot boxes.
13908 (1) Except as provided in Subsection (3), each election officer shall:
13909 (a) provide one ballot box with a lock and key for each polling place; and
13910 (b) deliver the ballot boxes, locks, and keys to the polling place or the election judges
13911 of each voting precinct no later than noon on the day before the election.
13912 (2) Election officers for municipalities and [special] local districts may obtain ballot
13913 boxes from the county clerk's office.

13914 (3) If locks and keys are unavailable, the ballot box lid shall be secured by tape.
13915 Section 390. Section 20A-5-602 is amended to read:
13916 20A-5-602. Election judges -- Appointment for local elections.
13917 (1) At least 15 days before the date scheduled for any local election, the municipal
13918 legislative body or [special] local district board shall appoint or provide for the appointment of:
13919 (a) in jurisdictions using paper ballots:
13920 (i) three registered voters, or two registered voters and one person 17 years old who
13921 will be 18 years old by the date of the regular municipal election, from their jurisdiction to
13922 serve as election judges for each voting precinct when the ballots will be counted after the polls
13923 close; or
13924 (ii) three registered voters, or two registered voters and one person 17 years old who
13925 will be 18 years old by the date of the regular municipal election, from their jurisdiction to
13926 serve as receiving judges in each voting precinct and three registered voters, or two registered
13927 voters and one person 17 years old who will be 18 years old by the date of the regular
13928 municipal election, from their jurisdiction to serve as counting judges in each voting precinct
13929 when ballots will be counted throughout election day;
13930 (b) in jurisdictions using automated tabulating equipment, three registered voters, or
13931 two registered voters and one person 17 years old who will be 18 years old by the date of the
13932 regular municipal election, from their jurisdiction to serve as election judges for each voting
13933 precinct;
13934 (c) in jurisdictions using voting machines, four registered voters, or three registered
13935 voters and one person 17 years old who will be 18 years old by the date of the regular
13936 municipal election, from their jurisdiction to serve as election judges for each voting precinct;
13937 and
13938 (d) in all jurisdictions:
13939 (i) at least one registered voter from their jurisdiction to serve as canvassing judge, if
13940 necessary; and
13941 (ii) as many alternate judges as needed to replace appointed judges who are unable to
13942 serve.
13943 (2) The municipal legislative body and [special] local district board may not appoint
13944 any candidate's parent, sibling, spouse, child, or in-law to serve as an election judge in the

13945 voting precinct where the candidate resides.
13946 (3) The clerk shall:
13947 (a) prepare and file a list containing the name, address, voting precinct, and telephone
13948 number of each person appointed; and
13949 (b) make the list available in the clerk's office for inspection, examination, and copying
13950 during business hours.
13951 (4) (a) The municipal legislative body and [special] local district board shall
13952 compensate election judges for their services.
13953 (b) The municipal legislative body and [special] local district board may not
13954 compensate their election judges at a rate higher than that paid by the county to its election
13955 judges.
13956 Section 391. Section 20A-9-101 is amended to read:
13957 20A-9-101. Definitions.
13958 As used in this chapter:
13959 (1) (a) "Candidates for elective office" means persons selected by a registered political
13960 party as party candidates to run in a regular general election.
13961 (b) "Candidates for elective office" does not mean candidates for:
13962 (i) justice or judge of court of record or not of record;
13963 (ii) presidential elector;
13964 (iii) any political party offices; and
13965 (iv) municipal or [special] local district offices.
13966 (2) "Constitutional office" means the state offices of governor, lieutenant governor,
13967 attorney general, state auditor, and state treasurer.
13968 (3) (a) "County office" means an elective office where the office holder is selected by
13969 voters entirely within one county.
13970 (b) "County office" does not mean:
13971 (i) the office of justice or judge of any court of record or not of record;
13972 (ii) the office of presidential elector;
13973 (iii) any political party offices;
13974 (iv) any municipal or [special] local district offices; and
13975 (v) the office of United States Senator and United States Representative.

13976 (4) "Federal office" means an elective office for United States Senator and United
13977 States Representative.
13978 (5) "Filing officer" means:
13979 (a) the lieutenant governor, for:
13980 (i) offices whose political division contains territory in two or more counties;
13981 (ii) the office of United States Senator and United States Representative; and
13982 (iii) all constitutional offices;
13983 (b) the county clerk, for county offices and local school district offices;
13984 (c) the city or town clerk, for municipal offices; and
13985 (d) the [special] local district clerk, for [special] local district offices.
13986 (6) "Local district office" means an elected office in a local district.
13987 [(6)] (7) "Local government office" includes county offices, municipal offices, and
13988 [special] local district offices and other elective offices selected by the voters from a political
13989 division entirely within one county.
13990 [(7)] (8) (a) "Multi-county office" means an elective office where the office holder is
13991 selected by the voters from more than one county.
13992 (b) "Multi-county office" does not mean:
13993 (i) a county office;
13994 (ii) a federal office;
13995 (iii) the office of justice or judge of any court of record or not of record;
13996 (iv) the office of presidential elector;
13997 (v) any political party offices; and
13998 (vi) any municipal or [special] local district offices.
13999 [(8)] (9) "Municipal office" means an elective office in a municipality.
14000 [(9)] (10) (a) "Political division" means a geographic unit from which an office holder
14001 is elected and that an office holder represents.
14002 (b) "Political division" includes a county, a city, a town, a [special] local district, a
14003 school district, a legislative district, and a county prosecution district.
14004 [(10) "Special district office" means an elected office in a special district.]
14005 Section 392. Section 20A-9-503 is amended to read:
14006 20A-9-503. Certificate of nomination -- Filing -- Fees.

14007 (1) After the certificate of nomination has been certified, executed, and acknowledged
14008 by the county clerk, the candidate shall:
14009 (a) between March 7 and March 17 of the year in which the regular general election
14010 will be held, file the petition in person with:
14011 (i) the lieutenant governor, if the office the candidate seeks is a constitutional office or
14012 a federal office; or
14013 (ii) the county clerk, if the office the candidate seeks is a county office; and
14014 (iii) pay the filing fee; or
14015 (b) not later than the sixth Tuesday before the primary election date, file the petition in
14016 person with:
14017 (i) the municipal clerk, if the candidate seeks an office in a city or town;
14018 (ii) the [special] local district clerk, if the candidate seeks an office in a [special] local
14019 district; and
14020 (iii) pay the filing fee.
14021 (2) (a) At the time of filing, and before accepting the petition, the filing officer shall
14022 read the constitutional and statutory requirements for candidacy to the candidate.
14023 (b) If the candidate states that he does not meet the requirements, the filing officer may
14024 not accept the petition.
14025 (3) Persons filing a certificate of nomination for President of the United States under
14026 this section shall pay a filing fee of $500.
14027 Section 393. Section 20A-11-1202 is amended to read:
14028 20A-11-1202. Definitions.
14029 As used in this chapter:
14030 (1) "Ballot proposition" means constitutional amendments, initiatives, referenda,
14031 judicial retention questions, opinion questions, bond approvals, or other questions submitted to
14032 the voters for their approval or rejection.
14033 (2) (a) "Commercial interlocal cooperation agency" means an interlocal cooperation
14034 agency that receives its revenues from conduct of its commercial operations.
14035 (b) "Commercial interlocal cooperation agency" does not mean an interlocal
14036 cooperation agency that receives some or all of its revenues from:
14037 (i) government appropriations;

14038 (ii) taxes;
14039 (iii) government fees imposed for regulatory or revenue raising purposes; or
14040 (iv) interest earned on public funds or other returns on investment of public funds.
14041 (3) "Expenditure" means:
14042 (a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
14043 or anything of value made for political purposes;
14044 (b) an express, legally enforceable contract, promise, or agreement to make any
14045 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
14046 value for political purposes;
14047 (c) a transfer of funds between a public entity and a candidate's personal campaign
14048 committee;
14049 (d) a transfer of funds between a public entity and a political issues committee; or
14050 (e) goods or services provided to or for the benefit of a candidate, a candidate's
14051 personal campaign committee, or a political issues committee for political purposes at less than
14052 fair market value.
14053 (4) "Governmental interlocal cooperation agency" means an interlocal cooperation
14054 agency that receives some or all of its revenues from:
14055 (a) government appropriations;
14056 (b) taxes;
14057 (c) government fees imposed for regulatory or revenue raising purposes; or
14058 (d) interest earned on public funds or other returns on investment of public funds.
14059 (5) (a) "Influence" means to campaign or advocate for or against a ballot proposition.
14060 (b) "Influence" does not mean providing a brief statement about a public entity's
14061 position on a ballot proposition and the reason for that position.
14062 (6) "Interlocal cooperation agency" means an entity created by interlocal agreement
14063 under the authority of Title 11, Chapter 13, Interlocal Cooperation Act.
14064 (7) "Local district" means an entity under Title 17B, Limited Purposed Local
14065 Government Entities - Local Districts, and includes a special service district under Title 17A,
14066 Chapter 2, Part 13, Utah Special Service District Act.
14067 [(7)] (8) (a) "Political issues committee" means an entity, or any group of individuals
14068 or entities within or outside this state, that solicits or receives contributions from any other

14069 person, group, or entity and makes expenditures from these contributions to influence, or to
14070 intend to influence, directly or indirectly, any person to assist in placing a ballot proposition on
14071 the ballot, to assist in keeping a ballot proposition off the ballot, or to refrain from voting or to
14072 vote for or to vote against any ballot proposition.
14073 (b) "Political issues committee" does not mean an entity that provides goods or services
14074 to an individual or committee in the regular course of its business at the same price that would
14075 be provided to the general public.
14076 [(8)] (9) "Political purposes" means an act done with the intent or in a way to influence
14077 or intend to influence, directly or indirectly, any person to refrain from voting or to vote for or
14078 against any candidate for public office at any caucus, political convention, primary, or election.
14079 [(9)] (10) (a) "Public entity" includes the state, each state agency, each county,
14080 municipality, school district, [special] local district, governmental interlocal cooperation
14081 agency, and each administrative subunit of each of them.
14082 (b) "Public entity" does not include a commercial interlocal cooperation agency.
14083 (c) "Public entity" includes local health departments created under Title 26, Chapter 1,
14084 Local Health Departments.
14085 [(10)] (11) (a) "Public funds" means any monies received by a public entity from
14086 appropriations, taxes, fees, interest, or other returns on investment.
14087 (b) "Public funds" does not include monies donated to a public entity by a person or
14088 entity.
14089 [(11)] (12) (a) "Public official" means an elected or appointed member of government
14090 with authority to make or determine public policy.
14091 (b) "Public official" includes the person or group that:
14092 (i) has supervisory authority over the personnel and affairs of a public entity; and
14093 (ii) approves the expenditure of funds for the public entity.
14094 [(12) "Special district" means each entity created under the authority of Title 17A,
14095 Special Districts.]
14096 (13) (a) "State agency" means each department, commission, board, council, agency,
14097 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
14098 unit, bureau, panel, or other administrative unit of the state.
14099 (b) "State agency" includes the legislative branch, the Board of Regents, the

14100 institutional councils of each higher education institution, and each higher education
14101 institution.
14102 Section 394. Section 26-8a-405.1 is amended to read:
14103 26-8a-405.1. Selection of provider by political subdivision.
14104 (1) For purposes of this section and Sections 26-8a-405.2 and 26-8a-405.3 :
14105 (a) "911 ambulance or paramedic services" means either 911 ambulance service, or 911
14106 paramedic service, or both and:
14107 (i) means a 911 call received by a designated dispatch center that receives 911 or E911
14108 calls; and
14109 (ii) does not mean a seven digit telephone call received directly by an ambulance
14110 provider licensed under this chapter.
14111 (b) "Governing body" means:
14112 (i) in the case of a municipality or county, the elected council, commission, or other
14113 legislative body that is vested with the legislative power of the municipality;
14114 (ii) in the case of a special service district, local service district, or county service area,
14115 each elected council, commission, or other legislative body that is vested with the legislative
14116 power of the municipalities or counties that are members of the district or service area; and
14117 (iii) in the case of a [special] local district or special service district for fire protection
14118 or interlocal entity, the board or other body vested with the power to adopt, amend, and repeal
14119 rules, bylaws, policies, and procedures for the regulation of its affairs and the conduct of its
14120 business.
14121 (c) "Political subdivision" means:
14122 (i) a city or town located in a county of the first or second class as defined in Section
14123 17-50-501 ;
14124 (ii) a county of the first or second class;
14125 (iii) the following districts [or service areas] located in a county of the first or second
14126 class:
14127 (A) a special service district created under Title 17A, Chapter 2, Part 13, Utah Special
14128 Service District Act; and
14129 (B) a local district [created] under Title 17B, [Chapter 2, Local Districts] Limited
14130 Purpose Local Government Entities - Local Districts, for the purpose of providing fire

14131 protection, paramedic, and emergency services; [and] or
14132 [(C) a county service area created under Title 17A, Chapter 2, Part 4, County Service
14133 Area Act, for the purpose of providing fire protection, paramedic, and emergency services; or]
14134 (iv) areas coming together as described in Subsection 26-8a-405.2 (2)(b)(ii);
14135 (v) municipalities and counties joining together pursuant to Title 11, Chapter 13,
14136 Interlocal Cooperation Act; or
14137 (vi) a special service district for fire protection as defined in Section 17A-2-1304 .
14138 (2) (a) Only an applicant approved under Section 26-8a-405 may respond to a request
14139 for a proposal for 911 ambulance or paramedic services issued in accordance with Section
14140 26-8a-405.2 by a political subdivision.
14141 (b) A response to a request for proposal is subject to the maximum rates established by
14142 the department under Section 26-8a-403 .
14143 (c) A political subdivision may award a contract to an applicant for the provision of
14144 911 ambulance or paramedic services:
14145 (i) in accordance with Section 26-8a-405.2 ; and
14146 (ii) subject to Subsection (3).
14147 (3) (a) The department shall issue a license to an applicant selected by a political
14148 subdivision under Subsection (2) unless the department finds that issuing a license to that
14149 applicant would jeopardize the health, safety, and welfare of the citizens of the geographic
14150 service area.
14151 (b) A license issued under this Subsection (3):
14152 (i) is for the exclusive geographic service area approved by the department in
14153 accordance with Subsection 26-8a-405.2 (2);
14154 (ii) is valid for four years;
14155 (iii) is not subject to a request for license from another applicant under the provisions
14156 of Sections 26-8a-406 through 26-8a-409 during the four-year term, unless the applicant's
14157 license is revoked under Section 26-8a-504 ; and
14158 (iv) is subject to supervision by the department under Sections 26-8a-503 and
14159 26-8a-504 .
14160 (4) Except as provided in Subsection 26-8a-405.3 (4)(a), the provisions of Sections
14161 26-8a-406 through 26-8a-409 do not apply to a license issued under this section.

14162 Section 395. Section 32A-2-103 is amended to read:
14163 32A-2-103. Operational restrictions.
14164 (1) Liquor may not be sold from a state store except in a sealed package. The package
14165 may not be opened on the premises of any state store.
14166 (2) (a) An officer, agent, clerk, or employee of a state store may not consume or allow
14167 to be consumed by any person any alcoholic beverage on the premises of a state store.
14168 (b) Violation of this Subsection (2) is a class B misdemeanor.
14169 (3) All liquor sold shall be in packages that are properly marked and labeled in
14170 accordance with the rules adopted under this title.
14171 (4) Liquor may not be sold except at prices fixed by the commission.
14172 (5) Liquor may not be sold, delivered, or furnished to any:
14173 (a) minor;
14174 (b) person actually, apparently, or obviously intoxicated;
14175 (c) known habitual drunkard; or
14176 (d) known interdicted person.
14177 (6) Sale or delivery of liquor may not be made on or from the premises of any state
14178 store, nor may any state store be kept open for the sale of liquor:
14179 (a) on Sunday;
14180 (b) on any state or federal legal holiday;
14181 (c) on any day on which any regular general election, regular primary election, or
14182 statewide special election is held;
14183 (d) on any day on which any municipal, [special] local district, special service district,
14184 or school election is held, but only within the boundaries of the municipality, [special] local
14185 district, special service district, or school district holding the election and only if the
14186 municipality, [special] local district, special service district or school district in which the
14187 election is being held notifies the department at least 30 days prior to the date of the election; or
14188 (e) except on days and during hours as the commission may direct by rule or order.
14189 (7) Each state store shall display in a prominent place in the store a sign in large letters
14190 stating: "Warning: Driving under the influence of alcohol or drugs is a serious crime that is
14191 prosecuted aggressively in Utah."
14192 (8) (a) A minor may not be admitted into, or be on the premises of a state store unless

14193 accompanied by a person who is:
14194 (i) 21 years of age or older; and
14195 (ii) the minor's parent, legal guardian, or spouse.
14196 (b) Any state store employee that has reason to believe that a person who is on the
14197 premises of a state store is under the age of 21 and is not accompanied by a person described in
14198 Subsection (8)(a) may:
14199 (i) ask the suspected minor for proof of age;
14200 (ii) ask the person who accompanied the suspected minor for proof of age; and
14201 (iii) ask the suspected minor or the person who accompanied the suspected minor for
14202 proof of parental, guardianship, or spousal relationship.
14203 (c) Any state store employee shall refuse to sell liquor to the suspected minor and to the
14204 person who accompanied the suspected minor into the state store if they fail to provide any of
14205 the information specified in Subsection (8)(b).
14206 (d) Any state store employee shall require the suspected minor and the person who
14207 accompanied the suspected minor into the state store to immediately leave the premises of the
14208 state store if they fail to provide any of the information specified in Subsection (8)(b).
14209 Section 396. Section 32A-3-106 is amended to read:
14210 32A-3-106. Operational restrictions.
14211 (1) (a) A package agency may not be operated until a package agency agreement has
14212 been entered into by the package agent and the department.
14213 (b) The agreement shall state the conditions of operation by which the package agent
14214 and the department are bound.
14215 (c) If the package agent violates the conditions, terms, or covenants contained in the
14216 agreement, or violates any provisions of this title, the department may take whatever action
14217 against the agent that is allowed by the package agency agreement.
14218 (d) Actions against the package agent are governed solely by the agreement and may
14219 include suspension or revocation of the agency.
14220 (2) (a) A package agency may not purchase liquor from any person except from the
14221 department.
14222 (b) At the discretion of the department, liquor may be provided by the department to a
14223 package agency for sale on consignment.

14224 (3) The department may pay or otherwise remunerate a package agent on any basis
14225 including sales or volume of business done by the agency.
14226 (4) Liquor may not be sold from any package agency except in a sealed package. The
14227 package may not be opened on the premises of a package agency.
14228 (5) All liquor sold shall be in packages that are properly marked and labeled in
14229 accordance with the rules adopted under this title.
14230 (6) A package agency may not display liquor or price lists in windows or showcases
14231 visible to passersby.
14232 (7) (a) An officer, agent, clerk, or employee of a package agency may not consume or
14233 allow to be consumed by any person any alcoholic beverage on the premises of a package
14234 agency.
14235 (b) Violation of this Subsection (7) is a class B misdemeanor.
14236 (8) Liquor may not be sold except at prices fixed by the commission.
14237 (9) Liquor may not be sold, delivered, or furnished to any:
14238 (a) minor;
14239 (b) person actually, apparently, or obviously intoxicated;
14240 (c) known habitual drunkard; or
14241 (d) known interdicted person.
14242 (10) (a) Subject to Subsection (10)(b), sale or delivery of liquor may not be made on or
14243 from the premises of any package agency nor may any package agency be kept open for the sale
14244 of liquor:
14245 (i) on Sunday;
14246 (ii) on any state or federal legal holiday;
14247 (iii) on any day on which any regular general election, regular primary election, or
14248 statewide special election is held until after the polls are closed;
14249 (iv) on any day on which any municipal, [special] local district, special service district,
14250 or school election is held until after the polls are closed, but only within the boundaries of the
14251 municipality, [special] local district, special service district, or school district holding the
14252 election and only if the municipality, [special] local district, special service district, or school
14253 district in which the election is being held notifies the department at least 30 days prior to the
14254 date of the election; or

14255 (v) except on days and during hours as the commission may direct by rule or order.
14256 (b) The restrictions in Subsections (10)(a)(i) and (ii) govern unless:
14257 (i) the package agency is located at a winery licensed under Chapter 8, Manufacturing
14258 Licenses;
14259 (ii) the winery licensed under Chapter 8, Manufacturing Licenses, holds:
14260 (A) a restaurant liquor license under Chapter 4, Part 1, Restaurant Liquor Licenses; or
14261 (B) a limited restaurant license under Chapter 4, Part 3, Limited Restaurant Licenses;
14262 (iii) the restaurant described in Subsection (10)(b)(ii) is located at the winery;
14263 (iv) the restaurant described in Subsection (10)(b)(ii) sells wines produced at the
14264 winery;
14265 (v) the winery described in Subsection (10)(b)(i):
14266 (A) owns the restaurant; or
14267 (B) operates the restaurant;
14268 (vi) the package agency only sells wine produced at the winery; and
14269 (vii) the package agency's days and hours of sale are the same as the days and hours of
14270 sale at the restaurant described in Subsection (10)(b)(ii).
14271 (11) The package agency certificate issued by the commission shall be permanently
14272 posted in a conspicuous place in the package agency.
14273 (12) Each package agent shall display in a prominent place in the package agency a
14274 sign in large letters stating: "Warning: Driving under the influence of alcohol or drugs is a
14275 serious crime that is prosecuted aggressively in Utah."
14276 (13) (a) A package agency may not close or cease operation for a period longer than 72
14277 hours, unless:
14278 (i) the package agency notifies the department in writing at least seven days before the
14279 closing; and
14280 (ii) the closure or cessation of operation is first approved by the department.
14281 (b) Notwithstanding Subsection (13)(a), in the case of emergency closure, immediate
14282 notice of closure shall be made to the department by telephone.
14283 (c) (i) The department may authorize a closure or cessation of operation for a period
14284 not to exceed 60 days.
14285 (ii) The department may extend the initial period an additional 30 days upon written

14286 request of the package agency and upon a showing of good cause.
14287 (iii) A closure or cessation of operation may not exceed a total of 90 days without
14288 commission approval.
14289 (d) The notice required by Subsection (13)(a) shall include:
14290 (i) the dates of closure or cessation of operation;
14291 (ii) the reason for the closure or cessation of operation; and
14292 (iii) the date on which the agency will reopen or resume operation.
14293 (e) Failure of the agency to provide notice and to obtain department authorization prior
14294 to closure or cessation of operation shall result in an automatic termination of the package
14295 agency contract effective immediately.
14296 (f) Failure of the agency to reopen or resume operation by the approved date shall
14297 result in an automatic termination of the package agency contract effective on that date.
14298 (14) Liquor may not be stored or sold in any place other than as designated in the
14299 package agent's application, unless the package agent first applies for and receives approval
14300 from the department for a change of location within the package agency premises.
14301 (15) (a) Except to the extent authorized by commission rule, a minor may not be
14302 admitted into, or be on the premises of a package agency unless accompanied by a person who
14303 is:
14304 (i) 21 years of age or older; and
14305 (ii) the minor's parent, legal guardian, or spouse.
14306 (b) Any package agent or employee of the package agency that has reason to believe
14307 that a person who is on the premises of a package agency store is under the age of 21 and is not
14308 accompanied by a person described in Subsection (15)(a) may:
14309 (i) ask the suspected minor for proof of age;
14310 (ii) ask the person who accompanied the suspected minor for proof of age; and
14311 (iii) ask the suspected minor or the person who accompanied the suspected minor for
14312 proof of parental, guardianship, or spousal relationship.
14313 (c) Any package agent or employee of a package agency shall refuse to sell liquor to
14314 the suspected minor and to the person who accompanied the suspected minor into the package
14315 agency if they fail to provide any of the information specified in Subsection (15)(b).
14316 (d) Any package agent or employee of a package agency shall require the suspected

14317 minor and the person who accompanied the suspected minor into the package agency to
14318 immediately leave the premises of the package agency if they fail to provide any of the
14319 information specified in Subsection (15)(b).
14320 (16) A package agency may not transfer its operations from one location to another
14321 without prior written approval of the commission.
14322 (17) (a) A person, having been granted a package agency, may not sell, transfer, assign,
14323 exchange, barter, give, or attempt in any way to dispose of the package agency to any other
14324 person, whether for monetary gain or not.
14325 (b) A package agency has no monetary value for the purpose of any type of disposition.
14326 Section 397. Section 32A-4-106 is amended to read:
14327 32A-4-106. Operational restrictions.
14328 Each person granted a restaurant liquor license and the employees and management
14329 personnel of the restaurant shall comply with the following conditions and requirements.
14330 Failure to comply may result in a suspension or revocation of the license or other disciplinary
14331 action taken against individual employees or management personnel.
14332 (1) (a) Liquor may not be purchased by a restaurant liquor licensee except from state
14333 stores or package agencies.
14334 (b) Liquor purchased may be transported by the restaurant liquor licensee from the
14335 place of purchase to the licensed premises.
14336 (c) Payment for liquor shall be made in accordance with rules established by the
14337 commission.
14338 (2) A restaurant liquor licensee may sell or provide a primary spirituous liquor only in a
14339 quantity not to exceed one ounce per beverage dispensed through a calibrated metered
14340 dispensing system approved by the department in accordance with commission rules adopted
14341 under this title, except that:
14342 (a) spirituous liquor need not be dispensed through a calibrated metered dispensing
14343 system if used as a secondary flavoring ingredient in a beverage subject to the following
14344 restrictions:
14345 (i) the secondary ingredient may be dispensed only in conjunction with the purchase of
14346 a primary spirituous liquor;
14347 (ii) the secondary ingredient is not the only spirituous liquor in the beverage;

14348 (iii) the restaurant liquor licensee shall designate a location where flavorings are stored
14349 on the floor plan provided to the department; and
14350 (iv) all flavoring containers shall be plainly and conspicuously labeled "flavorings";
14351 (b) spirituous liquor need not be dispensed through a calibrated metered dispensing
14352 system if used:
14353 (i) as a flavoring on desserts; and
14354 (ii) in the preparation of flaming food dishes, drinks, and desserts;
14355 (c) each restaurant patron may have no more than 2.75 ounces of spirituous liquor at a
14356 time; and
14357 (d) each restaurant patron may have no more than one spirituous liquor drink at a time
14358 before the patron.
14359 (3) (a) (i) Wine may be sold and served by the glass or in an individual portion not to
14360 exceed five ounces per glass or individual portion.
14361 (ii) An individual portion of wine may be served to a patron in more than one glass as
14362 long as the total amount of wine does not exceed five ounces.
14363 (iii) An individual portion of wine is considered to be one alcoholic beverage under
14364 Subsection (7)(e).
14365 (b) (i) Wine may be sold and served in containers not exceeding 1.5 liters at prices
14366 fixed by the commission to tables of four or more persons.
14367 (ii) Wine may be sold and served in containers not exceeding 750 ml at prices fixed by
14368 the commission to tables of less than four persons.
14369 (c) A wine service may be performed and a service charge assessed by the restaurant as
14370 authorized by commission rule for wine purchased at the restaurant.
14371 (4) (a) Heavy beer may be served in original containers not exceeding one liter at prices
14372 fixed by the commission.
14373 (b) A service charge may be assessed by the restaurant as authorized by commission
14374 rule for heavy beer purchased at the restaurant.
14375 (5) (a) (i) Subject to Subsection (5)(a)(ii), a restaurant licensed to sell liquor may sell
14376 beer for on-premise consumption:
14377 (A) in an open container; and
14378 (B) on draft.

14379 (ii) Beer sold pursuant to Subsection (5)(a)(i) shall be in a size of container that does
14380 not exceed two liters, except that beer may not be sold to an individual patron in a size of
14381 container that exceeds one liter.
14382 (b) A restaurant licensed under this chapter that sells beer pursuant to Subsection
14383 (5)(a):
14384 (i) may do so without obtaining a separate on-premise beer retailer license from the
14385 commission; and
14386 (ii) shall comply with all appropriate operational restrictions under Chapter 10, Beer
14387 Retailer Licenses, that apply to on-premise beer retailers except when those restrictions are
14388 inconsistent with or less restrictive than the operational restrictions under this part.
14389 (c) Failure to comply with the operational restrictions under Chapter 10, Beer Retailer
14390 Licenses, required by Subsection (5)(b) may result in a suspension or revocation of the
14391 restaurant's:
14392 (i) state liquor license; and
14393 (ii) alcoholic beverage license issued by the local authority.
14394 (6) Alcoholic beverages may not be stored, served, or sold in any place other than as
14395 designated in the licensee's application, unless the licensee first applies for and receives
14396 approval from the department for a change of location within the restaurant.
14397 (7) (a) (i) A patron may only make alcoholic beverage purchases in the restaurant from
14398 and be served by a person employed, designated, and trained by the licensee to sell and serve
14399 alcoholic beverages.
14400 (ii) Notwithstanding Subsection (7)(a)(i), a patron who has purchased bottled wine
14401 from an employee of the restaurant or has carried bottled wine onto the premises of the
14402 restaurant pursuant to Subsection (14) may thereafter serve wine from the bottle to the patron
14403 or others at the patron's table.
14404 (b) Alcoholic beverages shall be delivered by a server to the patron.
14405 (c) Any alcoholic beverage may only be consumed at the patron's table or counter.
14406 (d) Alcoholic beverages may not be served to or consumed by a patron at a bar.
14407 (e) Each restaurant patron may have no more than two alcoholic beverages of any kind
14408 at a time before the patron, subject to the limitation in Subsection (2)(d).
14409 (8) The liquor storage area shall remain locked at all times other than those hours and

14410 days when liquor sales are authorized by law.
14411 (9) (a) Liquor may not be sold, offered for sale, served, or otherwise furnished at a
14412 restaurant during the following days or hours:
14413 (i) until after the polls are closed on the day of any:
14414 (A) regular general election;
14415 (B) regular primary election; or
14416 (C) statewide special election;
14417 (ii) until after the polls are closed on the day of any municipal, [special] local district,
14418 special service district, or school election, but only:
14419 (A) within the boundaries of the municipality, [special] local district, special service
14420 district, or school district; and
14421 (B) if required by local ordinance; and
14422 (iii) on any other day after 12 midnight and before 12 noon.
14423 (b) The hours of beer sales and service are those specified in Chapter 10, Beer Retailer
14424 Licenses, for on-premise beer licensees.
14425 (10) Alcoholic beverages may not be sold except in connection with an order for food
14426 prepared, sold, and served at the restaurant.
14427 (11) Alcoholic beverages may not be sold, served, or otherwise furnished to any:
14428 (a) minor;
14429 (b) person actually, apparently, or obviously intoxicated;
14430 (c) known habitual drunkard; or
14431 (d) known interdicted person.
14432 (12) (a) (i) Liquor may be sold only at prices fixed by the commission.
14433 (ii) Liquor may not be sold at discount prices on any date or at any time.
14434 (b) An alcoholic beverage may not be sold at less than the cost of the alcoholic
14435 beverage to the licensee.
14436 (c) An alcoholic beverage may not be sold at a special or reduced price that encourages
14437 over consumption or intoxication.
14438 (d) An alcoholic beverage may not be sold at a special or reduced price for only certain
14439 hours of the restaurant's business day such as a "happy hour."
14440 (e) The sale or service of more than one alcoholic beverage for the price of a single

14441 alcoholic beverage is prohibited.
14442 (f) The sale or service of an indefinite or unlimited number of alcoholic beverages
14443 during any set period for a fixed price is prohibited.
14444 (g) A restaurant licensee may not engage in a public promotion involving or offering
14445 free alcoholic beverages to the general public.
14446 (13) Alcoholic beverages may not be purchased for a patron of a restaurant by:
14447 (a) the licensee; or
14448 (b) any employee or agent of the licensee.
14449 (14) (a) A person may not bring onto the premises of a restaurant liquor licensee any
14450 alcoholic beverage for on-premise consumption, except a person may bring, subject to the
14451 discretion of the licensee, bottled wine onto the premises of any restaurant liquor licensee for
14452 on-premise consumption.
14453 (b) Except bottled wine under Subsection (14)(a), a restaurant liquor licensee or its
14454 officers, managers, employees, or agents may not allow:
14455 (i) a person to bring onto the restaurant premises any alcoholic beverage for on-premise
14456 consumption; or
14457 (ii) consumption of any such alcoholic beverage on its premises.
14458 (c) If bottled wine is carried in by a patron, the patron shall deliver the wine to a server
14459 or other representative of the licensee upon entering the restaurant.
14460 (d) A wine service may be performed and a service charge assessed by the restaurant as
14461 authorized by commission rule for wine carried in by a patron.
14462 (15) (a) Except as provided in Subsection (15)(b), a restaurant licensee and its
14463 employees may not permit a restaurant patron to carry from the restaurant premises an open
14464 container that:
14465 (i) is used primarily for drinking purposes; and
14466 (ii) contains any alcoholic beverage.
14467 (b) Notwithstanding Subsection (15)(a), a restaurant patron may remove from the
14468 restaurant the unconsumed contents of a bottle of wine purchased in the restaurant, or brought
14469 onto the premises of the restaurant in accordance with Subsection (14), provided the bottle has
14470 been recorked or recapped before removal.
14471 (16) (a) A minor may not be employed by a restaurant licensee to sell or dispense

14472 alcoholic beverages.
14473 (b) Notwithstanding Subsection (16)(a), a minor may be employed to enter the sale at a
14474 cash register or other sales recording device.
14475 (17) An employee of a restaurant liquor licensee, while on duty, may not:
14476 (a) consume an alcoholic beverage; or
14477 (b) be intoxicated.
14478 (18) Any charge or fee made in connection with the sale, service, or consumption of
14479 liquor may be stated in food or alcoholic beverage menus including:
14480 (a) a set-up charge;
14481 (b) a service charge; or
14482 (c) a chilling fee.
14483 (19) Each restaurant liquor licensee shall display in a prominent place in the restaurant:
14484 (a) the liquor license that is issued by the department;
14485 (b) a list of the types and brand names of liquor being served through its calibrated
14486 metered dispensing system; and
14487 (c) a sign in large letters stating: "Warning: Driving under the influence of alcohol or
14488 drugs is a serious crime that is prosecuted aggressively in Utah."
14489 (20) The following acts or conduct in a restaurant licensed under this chapter are
14490 considered contrary to the public welfare and morals, and are prohibited upon the premises:
14491 (a) employing or using any person in the sale or service of alcoholic beverages while
14492 the person is unclothed or in attire, costume, or clothing that exposes to view any portion of the
14493 female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the
14494 buttocks, vulva, or genitals;
14495 (b) employing or using the services of any person to mingle with the patrons while the
14496 person is unclothed or in attire, costume, or clothing described in Subsection (20)(a);
14497 (c) encouraging or permitting any person to touch, caress, or fondle the breasts,
14498 buttocks, anus, or genitals of any other person;
14499 (d) permitting any employee or person to wear or use any device or covering, exposed
14500 to view, that simulates the breast, genitals, anus, pubic hair, or any portion of these;
14501 (e) permitting any person to use artificial devices or inanimate objects to depict any of
14502 the prohibited activities described in this Subsection (20);

14503 (f) permitting any person to remain in or upon the premises who exposes to public
14504 view any portion of that person's genitals or anus; or
14505 (g) showing films, still pictures, electronic reproductions, or other visual reproductions
14506 depicting:
14507 (i) acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral
14508 copulation, flagellation, or any sexual acts prohibited by Utah law;
14509 (ii) any person being touched, caressed, or fondled on the breast, buttocks, anus, or
14510 genitals;
14511 (iii) scenes wherein artificial devices or inanimate objects are used to depict, or
14512 drawings are used to portray, any of the prohibited activities described in this Subsection (20);
14513 or
14514 (iv) scenes wherein a person displays the vulva or the anus or the genitals.
14515 (21) Nothing in Subsection (20) precludes a local authority from being more restrictive
14516 of acts or conduct of the type prohibited in Subsection (20).
14517 (22) (a) Although live entertainment is permitted on the premises of a restaurant liquor
14518 licensee, a licensee may not allow any person to perform or simulate sexual acts prohibited by
14519 Utah law, including sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
14520 flagellation, the touching, caressing, or fondling of the breast, buttocks, anus, or genitals, or the
14521 displaying of the pubic hair, anus, vulva, or genitals. Entertainers shall perform only upon a
14522 stage or at a designated area approved by the commission.
14523 (b) Nothing in Subsection (22)(a) precludes a local authority from being more
14524 restrictive of acts or conduct of the type prohibited in Subsection (22)(a).
14525 (23) A restaurant liquor licensee may not engage in or permit any form of gambling, or
14526 have any video gaming device, as defined and proscribed by Title 76, Chapter 10, Part 11,
14527 Gambling, on the premises of the restaurant liquor licensee.
14528 (24) (a) Each restaurant liquor licensee shall maintain an expense ledger or record
14529 showing in detail:
14530 (i) quarterly expenditures made separately for:
14531 (A) malt or brewed beverages;
14532 (B) set-ups;
14533 (C) liquor;

14534 (D) food; and
14535 (E) all other items required by the department; and
14536 (ii) sales made separately for:
14537 (A) malt or brewed beverages;
14538 (B) set-ups;
14539 (C) food; and
14540 (D) all other items required by the department.
14541 (b) The record required by Subsection (24)(a) shall be kept:
14542 (i) in a form approved by the department; and
14543 (ii) current for each three-month period.
14544 (c) Each expenditure shall be supported by:
14545 (i) delivery tickets;
14546 (ii) invoices;
14547 (iii) receipted bills;
14548 (iv) canceled checks;
14549 (v) petty cash vouchers; or
14550 (vi) other sustaining data or memoranda.
14551 (d) In addition to a ledger or record required under Subsection (24)(a), a restaurant
14552 liquor licensee shall maintain accounting and other records and documents as the department
14553 may require.
14554 (e) Any restaurant or person acting for the restaurant, who knowingly forges, falsifies,
14555 alters, cancels, destroys, conceals, or removes the entries in any of the books of account or
14556 other documents of the restaurant required to be made, maintained, or preserved by this title or
14557 the rules of the commission for the purpose of deceiving the commission or the department, or
14558 any of their officials or employees, is subject to:
14559 (i) the suspension or revocation of the restaurant's liquor license; and
14560 (ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
14561 (25) (a) A restaurant liquor licensee may not close or cease operation for a period
14562 longer than 240 hours, unless:
14563 (i) the restaurant liquor licensee notifies the department in writing at least seven days
14564 before the closing; and

14565 (ii) the closure or cessation of operation is first approved by the department.
14566 (b) Notwithstanding Subsection (25)(a), in the case of emergency closure, immediate
14567 notice of closure shall be made to the department by telephone.
14568 (c) The department may authorize a closure or cessation of operation for a period not to
14569 exceed 60 days. The department may extend the initial period an additional 30 days upon
14570 written request of the restaurant licensee and upon a showing of good cause. A closure or
14571 cessation of operation may not exceed a total of 90 days without commission approval.
14572 (d) Any notice shall include:
14573 (i) the dates of closure or cessation of operation;
14574 (ii) the reason for the closure or cessation of operation; and
14575 (iii) the date on which the licensee will reopen or resume operation.
14576 (e) Failure of the licensee to provide notice and to obtain department authorization
14577 prior to closure or cessation of operation shall result in an automatic forfeiture of:
14578 (i) the license; and
14579 (ii) the unused portion of the license fee for the remainder of the license year effective
14580 immediately.
14581 (f) Failure of the licensee to reopen or resume operation by the approved date shall
14582 result in an automatic forfeiture of:
14583 (i) the license; and
14584 (ii) the unused portion of the license fee for the remainder of the license year.
14585 (26) Each restaurant liquor licensee shall maintain at least 70% of its total restaurant
14586 business from the sale of food, which does not include mix for alcoholic beverages or service
14587 charges.
14588 (27) A restaurant liquor license may not be transferred from one location to another,
14589 without prior written approval of the commission.
14590 (28) (a) A person, having been granted a restaurant liquor license may not sell, transfer,
14591 assign, exchange, barter, give, or attempt in any way to dispose of the license to any other
14592 person whether for monetary gain or not.
14593 (b) A restaurant liquor license has no monetary value for the purpose of any type of
14594 disposition.
14595 (29) Each server of alcoholic beverages in a licensee's establishment shall keep a

14596 written beverage tab for each table or group that orders or consumes alcoholic beverages on the
14597 premises. The beverage tab shall list the type and amount of alcoholic beverages ordered or
14598 consumed.
14599 (30) A person's willingness to serve alcoholic beverages may not be made a condition
14600 of employment as a server with a restaurant that has a restaurant liquor license.
14601 Section 398. Section 32A-4-307 is amended to read:
14602 32A-4-307. Operational restrictions.
14603 Each person granted a limited restaurant license and the employees and management
14604 personnel of the restaurant shall comply with the following conditions and requirements.
14605 Failure to comply may result in a suspension or revocation of the license or other disciplinary
14606 action taken against individual employees or management personnel.
14607 (1) (a) Wine and heavy beer may not be purchased by a limited restaurant licensee
14608 except from state stores or package agencies.
14609 (b) Wine and heavy beer purchased in accordance with Subsection (1)(a) may be
14610 transported by the licensee from the place of purchase to the licensed premises.
14611 (c) Payment for wine and heavy beer shall be made in accordance with rules
14612 established by the commission.
14613 (2) (a) A limited restaurant licensee may not sell, serve, or allow consumption of
14614 spirituous liquor on the premises of the restaurant.
14615 (b) Spirituous liquor may not be on the premises of the restaurant except for use:
14616 (i) as a flavoring on desserts; and
14617 (ii) in the preparation of flaming food dishes, drinks, and desserts.
14618 (3) (a) (i) Wine may be sold and served by the glass or an individual portion not to
14619 exceed five ounces per glass or individual portion.
14620 (ii) An individual portion may be served to a patron in more than one glass as long as
14621 the total amount of wine does not exceed five ounces.
14622 (iii) An individual portion of wine is considered to be one alcoholic beverage under
14623 Subsection (7)(e).
14624 (b) (i) Wine may be sold and served in containers not exceeding 1.5 liters at prices
14625 fixed by the commission to tables of four or more persons.
14626 (ii) Wine may be sold and served in containers not exceeding 750 ml at prices fixed by

14627 the commission to tables of less than four persons.
14628 (c) A wine service may be performed and a service charge assessed by the limited
14629 restaurant as authorized by commission rule for wine purchased at the limited restaurant.
14630 (4) (a) Heavy beer may be served in original containers not exceeding one liter at prices
14631 fixed by the commission.
14632 (b) A service charge may be assessed by the limited restaurant as authorized by
14633 commission rule for heavy beer purchased at the restaurant.
14634 (5) (a) (i) Subject to Subsection (5)(a)(ii), a limited restaurant licensee may sell beer for
14635 on-premise consumption:
14636 (A) in an open container; and
14637 (B) on draft.
14638 (ii) Beer sold pursuant to Subsection (5)(a)(i) shall be in a size of container that does
14639 not exceed two liters, except that beer may not be sold to an individual patron in a size of
14640 container that exceeds one liter.
14641 (b) A limited restaurant licensee that sells beer pursuant to Subsection (5)(a):
14642 (i) may do so without obtaining a separate on-premise beer retailer license from the
14643 commission; and
14644 (ii) shall comply with all appropriate operational restrictions under Chapter 10, Beer
14645 Retailer Licenses, that apply to on-premise beer retailers except when those restrictions are
14646 inconsistent with or less restrictive than the operational restrictions under this part.
14647 (c) Failure to comply with the operational restrictions under Chapter 10, Beer Retailer
14648 Licenses, required by Subsection (5)(b) may result in a suspension or revocation of the
14649 restaurant's:
14650 (i) limited restaurant license; and
14651 (ii) alcoholic beverage license issued by the local authority.
14652 (6) Wine, heavy beer, and beer may not be stored, served, or sold in any place other
14653 than as designated in the licensee's application, unless the licensee first applies for and receives
14654 approval from the department for a change of location within the restaurant.
14655 (7) (a) (i) A patron may only make alcoholic beverage purchases in the limited
14656 restaurant from and be served by a person employed, designated, and trained by the licensee to
14657 sell and serve alcoholic beverages.

14658 (ii) Notwithstanding Subsection (7)(a)(i), a patron who has purchased bottled wine
14659 from an employee of the restaurant or has carried bottled wine onto the premises of the
14660 restaurant pursuant to Subsection (14) may thereafter serve wine from the bottle to the patron
14661 or others at the patron's table.
14662 (b) Alcoholic beverages shall be delivered by a server to the patron.
14663 (c) Any alcoholic beverage may only be consumed at the patron's table or counter.
14664 (d) Alcoholic beverages may not be served to or consumed by a patron at a bar.
14665 (e) Each restaurant patron may have no more than two alcoholic beverages of any kind
14666 at a time before the patron.
14667 (8) The alcoholic beverage storage area shall remain locked at all times other than
14668 those hours and days when alcoholic beverage sales are authorized by law.
14669 (9) (a) Wine and heavy beer may not be sold, offered for sale, served, or otherwise
14670 furnished at a limited restaurant during the following days or hours:
14671 (i) until after the polls are closed on the day of any:
14672 (A) regular general election;
14673 (B) regular primary election; or
14674 (C) statewide special election;
14675 (ii) until after the polls are closed on the day of any municipal, [special] local district,
14676 special service district, or school election, but only:
14677 (A) within the boundaries of the municipality, [special] local district, special service
14678 district, or school district; and
14679 (B) if required by local ordinance; and
14680 (iii) on any other day after 12 midnight and before 12 noon.
14681 (b) The hours of beer sales and service are those specified in Chapter 10, Beer Retailer
14682 Licenses, for on-premise beer licensees.
14683 (10) Alcoholic beverages may not be sold except in connection with an order of food
14684 prepared, sold, and served at the restaurant.
14685 (11) Wine, heavy beer, and beer may not be sold, served, or otherwise furnished to any:
14686 (a) minor;
14687 (b) person actually, apparently, or obviously intoxicated;
14688 (c) known habitual drunkard; or

14689 (d) known interdicted person.
14690 (12) (a) (i) Wine and heavy beer may be sold only at prices fixed by the commission.
14691 (ii) Wine and heavy beer may not be sold at discount prices on any date or at any time.
14692 (b) Alcoholic beverages may not be sold at less than the cost of the alcoholic beverages
14693 to the licensee.
14694 (c) An alcoholic beverage may not be sold at a special or reduced price that encourages
14695 over consumption or intoxication.
14696 (d) An alcoholic beverage may not be sold at a special or reduced price for only certain
14697 hours of the limited restaurant's business day such as a "happy hour."
14698 (e) The sale or service of more than one alcoholic beverage for the price of a single
14699 alcoholic beverage is prohibited.
14700 (f) The sale or service of an indefinite or unlimited number of alcoholic beverages
14701 during any set period for a fixed price is prohibited.
14702 (g) A limited restaurant licensee may not engage in a public promotion involving or
14703 offering free alcoholic beverages to the general public.
14704 (13) Alcoholic beverages may not be purchased for a patron of the restaurant by:
14705 (a) the licensee; or
14706 (b) any employee or agent of the licensee.
14707 (14) (a) A person may not bring onto the premises of a limited restaurant licensee any
14708 alcoholic beverage for on-premise consumption, except a person may bring, subject to the
14709 discretion of the licensee, bottled wine onto the premises of any limited restaurant licensee for
14710 on-premise consumption.
14711 (b) Except bottled wine under Subsection (14)(a), a limited restaurant licensee or its
14712 officers, managers, employees, or agents may not allow:
14713 (i) a person to bring onto the restaurant premises any alcoholic beverage for on-premise
14714 consumption; or
14715 (ii) consumption of any alcoholic beverage described in Subsection (14)(b)(i) on its
14716 premises.
14717 (c) If bottled wine is carried in by a patron, the patron shall deliver the wine to a server
14718 or other representative of the licensee upon entering the restaurant.
14719 (d) A wine service may be performed and a service charge assessed by the restaurant as

14720 authorized by commission rule for wine carried in by a patron.
14721 (15) (a) Except as provided in Subsection (15)(b), a limited restaurant licensee and its
14722 employees may not permit a restaurant patron to carry from the restaurant premises an open
14723 container that:
14724 (i) is used primarily for drinking purposes; and
14725 (ii) contains any alcoholic beverage.
14726 (b) Notwithstanding Subsection (15)(a), a patron may remove the unconsumed contents
14727 of a bottle of wine if before removal the bottle has been recorked or recapped.
14728 (16) (a) A minor may not be employed by a limited restaurant licensee to sell or
14729 dispense alcoholic beverages.
14730 (b) Notwithstanding Subsection (16)(a), a minor may be employed to enter the sale at a
14731 cash register or other sales recording device.
14732 (17) An employee of a limited restaurant licensee, while on duty, may not:
14733 (a) consume an alcoholic beverage; or
14734 (b) be intoxicated.
14735 (18) A charge or fee made in connection with the sale, service, or consumption of wine
14736 or heavy beer may be stated in food or alcoholic beverage menus including:
14737 (a) a service charge; or
14738 (b) a chilling fee.
14739 (19) Each limited restaurant licensee shall display in a prominent place in the
14740 restaurant:
14741 (a) the license that is issued by the department; and
14742 (b) a sign in large letters stating: "Warning: Driving under the influence of alcohol or
14743 drugs is a serious crime that is prosecuted aggressively in Utah."
14744 (20) The following acts or conduct in a restaurant licensed under this part are
14745 considered contrary to the public welfare and morals, and are prohibited upon the premises:
14746 (a) employing or using any person in the sale or service of alcoholic beverages while
14747 the person is unclothed or in attire, costume, or clothing that exposes to view any portion of the
14748 female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the
14749 buttocks, vulva, or genitals;
14750 (b) employing or using the services of any person to mingle with the patrons while the

14751 person is unclothed or in attire, costume, or clothing described in Subsection (20)(a);
14752 (c) encouraging or permitting any person to touch, caress, or fondle the breasts,
14753 buttocks, anus, or genitals of any other person;
14754 (d) permitting any employee or person to wear or use any device or covering, exposed
14755 to view, that simulates the breast, genitals, anus, pubic hair, or any portion of these;
14756 (e) permitting any person to use artificial devices or inanimate objects to depict any of
14757 the prohibited activities described in this Subsection (20);
14758 (f) permitting any person to remain in or upon the premises who exposes to public
14759 view any portion of that person's genitals or anus; or
14760 (g) showing films, still pictures, electronic reproductions, or other visual reproductions
14761 depicting:
14762 (i) acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral
14763 copulation, flagellation, or any sexual acts prohibited by Utah law;
14764 (ii) any person being touched, caressed, or fondled on the breast, buttocks, anus, or
14765 genitals;
14766 (iii) scenes wherein artificial devices or inanimate objects are used to depict, or
14767 drawings are used to portray, any of the prohibited activities described in this Subsection (20);
14768 or
14769 (iv) scenes wherein a person displays the vulva, anus, or the genitals.
14770 (21) Nothing in Subsection (20) precludes a local authority from being more restrictive
14771 of acts or conduct of the type prohibited in Subsection (20).
14772 (22) (a) Although live entertainment is permitted on the premises of a limited
14773 restaurant licensee, a licensee may not allow any person to perform or simulate sexual acts
14774 prohibited by Utah law, including sexual intercourse, masturbation, sodomy, bestiality, oral
14775 copulation, flagellation, the touching, caressing, or fondling of the breast, buttocks, anus, or
14776 genitals, or the displaying of the pubic hair, anus, vulva, or genitals. Entertainers shall perform
14777 only upon a stage or at a designated area approved by the commission.
14778 (b) Nothing in Subsection (22)(a) precludes a local authority from being more
14779 restrictive of acts or conduct of the type prohibited in Subsection (22)(a).
14780 (23) A limited restaurant licensee may not engage in or permit any form of gambling,
14781 or have any video gaming device, as defined and proscribed by Title 76, Chapter 10, Part 11,

14782 Gambling, on the premises of the restaurant.
14783 (24) (a) Each limited restaurant licensee shall maintain an expense ledger or record
14784 showing in detail:
14785 (i) quarterly expenditures made separately for:
14786 (A) wine;
14787 (B) heavy beer;
14788 (C) beer;
14789 (D) food; and
14790 (E) all other items required by the department; and
14791 (ii) sales made separately for:
14792 (A) wine;
14793 (B) heavy beer;
14794 (C) beer;
14795 (D) food; and
14796 (E) all other items required by the department.
14797 (b) The record required by Subsection (24)(a) shall be kept:
14798 (i) in a form approved by the department; and
14799 (ii) current for each three-month period.
14800 (c) Each expenditure shall be supported by:
14801 (i) delivery tickets;
14802 (ii) invoices;
14803 (iii) receipted bills;
14804 (iv) canceled checks;
14805 (v) petty cash vouchers; or
14806 (vi) other sustaining data or memoranda.
14807 (d) In addition to the ledger or record maintained under Subsections (24)(a) through
14808 (c), a limited restaurant licensee shall maintain accounting and other records and documents as
14809 the department may require.
14810 (e) Any restaurant or person acting for the restaurant, who knowingly forges, falsifies,
14811 alters, cancels, destroys, conceals, or removes the entries in any of the books of account or
14812 other documents of the restaurant required to be made, maintained, or preserved by this title or

14813 the rules of the commission for the purpose of deceiving the commission or department, or any
14814 of their officials or employees, is subject to:
14815 (i) the suspension or revocation of the limited restaurant's license; and
14816 (ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
14817 (25) (a) A limited restaurant licensee may not close or cease operation for a period
14818 longer than 240 hours, unless:
14819 (i) the limited restaurant licensee notifies the department in writing at least seven days
14820 before the closing; and
14821 (ii) the closure or cessation of operation is first approved by the department.
14822 (b) Notwithstanding Subsection (25)(a), in the case of emergency closure, immediate
14823 notice of closure shall be made to the department by telephone.
14824 (c) (i) Subject to Subsection (25)(c)(iii), the department may authorize a closure or
14825 cessation of operation for a period not to exceed 60 days.
14826 (ii) The department may extend the initial period an additional 30 days upon:
14827 (A) written request of the limited restaurant licensee; and
14828 (B) a showing of good cause.
14829 (iii) A closure or cessation of operation may not exceed a total of 90 days without
14830 commission approval.
14831 (d) Any notice required by Subsection (25)(a) shall include:
14832 (i) the dates of closure or cessation of operation;
14833 (ii) the reason for the closure or cessation of operation; and
14834 (iii) the date on which the licensee will reopen or resume operation.
14835 (e) Failure of the licensee to provide notice and to obtain department authorization
14836 before closure or cessation of operation shall result in an automatic forfeiture of:
14837 (i) the license; and
14838 (ii) the unused portion of the license fee for the remainder of the license year effective
14839 immediately.
14840 (f) Failure of the licensee to reopen or resume operation by the approved date shall
14841 result in an automatic forfeiture of:
14842 (i) the license; and
14843 (ii) the unused portion of the license fee for the remainder of the license year.

14844 (26) Each limited restaurant licensee shall maintain at least 70% of its total restaurant
14845 business from the sale of food, which does not include service charges.
14846 (27) A limited restaurant license may not be transferred from one location to another,
14847 without prior written approval of the commission.
14848 (28) (a) A limited restaurant licensee may not sell, transfer, assign, exchange, barter,
14849 give, or attempt in any way to dispose of the license to any other person whether for monetary
14850 gain or not.
14851 (b) A limited restaurant license has no monetary value for the purpose of any type of
14852 disposition.
14853 (29) (a) Each server of wine, heavy beer, and beer in a limited restaurant licensee's
14854 establishment shall keep a written beverage tab for each table or group that orders or consumes
14855 alcoholic beverages on the premises.
14856 (b) The beverage tab required by Subsection (29)(a) shall list the type and amount of
14857 alcoholic beverages ordered or consumed.
14858 (30) A limited restaurant licensee may not make a person's willingness to serve
14859 alcoholic beverages a condition of employment as a server with the restaurant.
14860 Section 399. Section 32A-5-107 is amended to read:
14861 32A-5-107. Operational restrictions.
14862 Each club granted a private club license and the employees, management personnel, and
14863 members of the club shall comply with the following conditions and requirements. Failure to
14864 comply may result in a suspension or revocation of the license or other disciplinary action
14865 taken against individual employees or management personnel.
14866 (1) Each private club shall have a governing body that:
14867 (a) consists of three or more members of the club; and
14868 (b) holds regular meetings to:
14869 (i) review membership applications; and
14870 (ii) conduct any other business as required by the bylaws or house rules of the private
14871 club.
14872 (2) (a) Each private club may admit an individual as a member only on written
14873 application signed by the applicant, subject to:
14874 (i) the applicant paying an application fee as required by Subsection (4); and

14875 (ii) investigation, vote, and approval of a quorum of the governing body.
14876 (b) (i) Admissions shall be recorded in the official minutes of a regular meeting of the
14877 governing body.
14878 (ii) An application, whether approved or disapproved, shall be filed as a part of the
14879 official records of the licensee.
14880 (c) Notwithstanding Subsection (2)(a), a private club, in its discretion, may admit an
14881 applicant and immediately accord the applicant temporary privileges of a member until the
14882 governing body completes its investigation and votes on the application, subject to the
14883 following conditions:
14884 (i) the applicant shall:
14885 (A) submit a written application; and
14886 (B) pay the application fee required by Subsection (4);
14887 (ii) the governing body votes on the application at its next meeting which shall take
14888 place no later than 31 days following the day on which the application was submitted; and
14889 (iii) the applicant's temporary membership privileges are terminated if the governing
14890 body disapproves the application.
14891 (d) The spouse of a member of any class of private club is entitled to all the rights and
14892 privileges of the member:
14893 (i) to the extent permitted by the bylaws or house rules of the private club; and
14894 (ii) except to the extent restricted by this title.
14895 (e) The minor child of a member of a class A private club is entitled to all the rights
14896 and privileges of the member:
14897 (i) to the extent permitted by the bylaws or house rules of the private club; and
14898 (ii) except to the extent restricted by this title.
14899 (3) (a) Each private club shall maintain a current and complete membership record
14900 showing:
14901 (i) the date of application of each proposed member;
14902 (ii) each member's address;
14903 (iii) the date the governing body approved a member's admission;
14904 (iv) the date initiation fees and dues were assessed and paid; and
14905 (v) the serial number of the membership card issued to each member.

14906 (b) A current record shall also be kept indicating when members are dropped or
14907 resigned.
14908 (4) (a) Each private club shall establish in the club bylaws or house rules application
14909 fees and membership dues:
14910 (i) as established by commission rules; and
14911 (ii) which are collected from all members.
14912 (b) An application fee:
14913 (i) shall not be less than $4;
14914 (ii) shall be paid when the applicant applies for membership; and
14915 (iii) at the discretion of the private club, may be credited toward membership dues if
14916 the governing body approves the applicant as a member.
14917 (5) (a) Each private club may, in its discretion, allow an individual to be admitted to or
14918 use the club premises as a guest only under the following conditions:
14919 (i) each guest must be previously authorized by one of the following who agrees to host
14920 the guest into the club:
14921 (A) an active member of the club; or
14922 (B) a holder of a current visitor card;
14923 (ii) each guest must be known by the guest's host based on a preexisting bonafide
14924 business or personal relationship with the host prior to the guest's admittance to the club;
14925 (iii) each guest must be accompanied by the guest's host for the duration of the guest's
14926 visit to the club;
14927 (iv) each guest's host must remain on the club premises for the duration of the guest's
14928 visit to the club;
14929 (v) each guest's host is responsible for the cost of all services extended to the guest;
14930 (vi) each guest enjoys only those privileges derived from the guest's host for the
14931 duration of the guest's visit to the club;
14932 (vii) an employee of the club, while on duty, may not act as a host for a guest;
14933 (viii) an employee of the club, while on duty, may not attempt to locate a member or
14934 current visitor card holder to serve as a host for a guest with whom the member or visitor card
14935 holder has no acquaintance based on a preexisting bonafide business or personal relationship
14936 prior to the guest's arrival at the club; and

14937 (ix) a club and its employees may not enter into an agreement or arrangement with a
14938 club member or holder of a current visitor card to indiscriminately host members of the general
14939 public into the club as guests.
14940 (b) Notwithstanding Subsection (5)(a), previous authorization is not required if:
14941 (i) the licensee is a class B private club; and
14942 (ii) the guest is a member of the same fraternal organization as the private club
14943 licensee.
14944 (6) Each private club may, in its discretion, issue visitor cards to allow individuals to
14945 enter and use the club premises on a temporary basis under the following conditions:
14946 (a) each visitor card shall be issued for a period not to exceed three weeks;
14947 (b) a fee of not less than $4 shall be assessed for each visitor card issued;
14948 (c) a visitor card shall not be issued to a minor;
14949 (d) a holder of a visitor card may not host more than seven guests at one time;
14950 (e) each visitor card issued shall include:
14951 (i) the visitor's full name and signature;
14952 (ii) the date the card was issued;
14953 (iii) the date the card expires;
14954 (iv) the club's name; and
14955 (v) the serial number of the card; and
14956 (f) (i) the club shall maintain a current record of the issuance of each visitor card on the
14957 club premises; and
14958 (ii) the record described in Subsection (6)(f)(i) shall:
14959 (A) be available for inspection by the department; and
14960 (B) include:
14961 (I) the name of the person to whom the card was issued;
14962 (II) the date the card was issued;
14963 (III) the date the card expires; and
14964 (IV) the serial number of the card.
14965 (7) A private club may not sell alcoholic beverages to or allow any patron to be
14966 admitted to or use the club premises other than:
14967 (a) a member;

14968 (b) a visitor who holds a valid visitor card issued under Subsection (6); or
14969 (c) a guest of:
14970 (i) a member; or
14971 (ii) a holder of a current visitor card.
14972 (8) (a) A minor may not be:
14973 (i) a member, officer, director, or trustee of a private club;
14974 (ii) issued a visitor card;
14975 (iii) admitted into, use, or be on the premises of a class D private club except to the
14976 extent authorized under Subsections (8)(b) through (g);
14977 (iv) admitted into, use, or be on the premises of any lounge or bar area, as defined by
14978 commission rule, of any private club except to the extent authorized under Subsection
14979 (8)(c)(ii); or
14980 (v) admitted into, use, or be on the premises of any private club that:
14981 (A) provides sexually oriented adult entertainment as defined by commission rule or by
14982 local ordinance; or
14983 (B) operates as a sexually oriented business as defined by commission rule or by local
14984 ordinance.
14985 (b) At the discretion of a class D private club, a minor may be admitted into, use, or be
14986 on the premises of a class D private club under the following circumstances:
14987 (i) during periods when no alcoholic beverages are sold, served, otherwise furnished, or
14988 consumed on the premises, but in no event later than 1 p.m.;
14989 (ii) when accompanied at all times by a member or holder of a current visitor card who
14990 is the minor's parent, legal guardian, or spouse; and
14991 (iii) the private club has a full kitchen and is licensed by the local jurisdiction as a food
14992 service provider.
14993 (c) A minor may be employed by a class D private club on the premises of the club if:
14994 (i) the parent or legal guardian of the minor owns or operates the class D private club;
14995 or
14996 (ii) the minor performs maintenance and cleaning services during the hours when the
14997 club is not open for business.
14998 (d) (i) Subject to Subsection (8)(d)(ii), a minor who is at least 18 years of age may be

14999 admitted into, use, or be on the premises of a dance or concert hall if:
15000 (A) the dance or concert hall is located:
15001 (I) on the premises of a class D private club; or
15002 (II) on the property that immediately adjoins the premises of and is operated by a class
15003 D private club; and
15004 (B) the commission has issued the class D private club a permit to operate a minor
15005 dance or concert hall based on the criteria described in Subsection (8)(d)(iii).
15006 (ii) If the dance or concert hall is located on the premises of a class D private club, a
15007 minor must be properly hosted in accordance with Subsection (5) by:
15008 (A) a member; or
15009 (B) a holder of a current visitor card.
15010 (iii) The commission may issue a minor dance or concert hall permit if:
15011 (A) the club's lounge, bar, and alcoholic beverage consumption area is:
15012 (I) not accessible to minors;
15013 (II) clearly defined; and
15014 (III) separated from the dance or concert hall area by walls, multiple floor levels, or
15015 other substantial physical barriers;
15016 (B) any bar or dispensing area is not visible to minors;
15017 (C) no consumption of alcoholic beverages may occur in:
15018 (I) the dance or concert hall area; or
15019 (II) any area of the club accessible to a minor;
15020 (D) the club maintains sufficient security personnel to prevent the passing of beverages
15021 from the club's lounge, bar, or alcoholic beverage consumption areas to:
15022 (I) the dance or concert hall area; or
15023 (II) any area of the club accessible to a minor;
15024 (E) there are separate entrances, exits, and restroom facilities from the club's lounge,
15025 bar, and alcoholic beverage consumption areas than for:
15026 (I) the dance or concert hall area; or
15027 (II) any area accessible to a minor; and
15028 (F) the club complies with any other restrictions imposed by the commission by rule.
15029 (e) A minor under 18 years of age who is accompanied at all times by a parent or legal

15030 guardian who is a member or holder of a current visitor card may be admitted into, use, or be
15031 on the premises of a concert hall described in Subsection (8)(d)(i) if:
15032 (i) all requirements of Subsection (8)(d) are met; and
15033 (ii) all signage, product, and dispensing equipment containing recognition of alcoholic
15034 beverages is not visible to the minor.
15035 (f) A minor under 18 years of age but who is 14 years of age or older who is not
15036 accompanied by a parent or legal guardian may be admitted into, use, or be on the premises of a
15037 concert hall described in Subsection (8)(d)(i) if:
15038 (i) all requirements of Subsections (8)(d) and (8)(e)(ii) are met; and
15039 (ii) there is no alcoholic beverage, sales, service, or consumption on the premises of the
15040 class D private club.
15041 (g) The commission may suspend or revoke a minor dance or concert permit issued to a
15042 class D private club and suspend or revoke the license of the class D private club if:
15043 (i) the club fails to comply with the restrictions in Subsection (8)(d), (e), or (f);
15044 (ii) the club sells, serves, or otherwise furnishes alcoholic beverages to a minor;
15045 (iii) the licensee or a supervisory or managerial level employee of the private club is
15046 convicted under Title 58, Chapter 37, Utah Controlled Substances Act, on the basis of activities
15047 that occurred on:
15048 (A) the licensed premises; or
15049 (B) the dance or concert hall that is located on property that immediately adjoins the
15050 premises of and is operated by the class D private club;
15051 (iv) there are three or more convictions of patrons of the private club under Title 58,
15052 Chapter 37, Utah Controlled Substances Act, based on activities that occurred on:
15053 (A) the licensed premises; or
15054 (B) the dance or concert hall that is located on property that immediately adjoins the
15055 premises of and is operated by the class D private club;
15056 (v) there is more than one conviction:
15057 (A) of:
15058 (I) the licensee;
15059 (II) an employee of the licensee;
15060 (III) an entertainer contracted by the licensee; or

15061 (IV) a patron of the private club; and
15062 (B) made on the basis of lewd acts or lewd entertainment prohibited by this title that
15063 occurred on:
15064 (I) the licensed premises; or
15065 (II) the dance or concert hall that is located on property that immediately adjoins the
15066 premises of and is operated by the class D private club; or
15067 (vi) the commission finds acts or conduct contrary to the public welfare and morals
15068 involving lewd acts or lewd entertainment prohibited by this title that occurred on:
15069 (A) the licensed premises; or
15070 (B) the dance or concert hall that is located on property that immediately adjoins the
15071 premises of and is operated by the class D private club.
15072 (h) Nothing in this Subsection (8) shall prohibit a class D private club from selling,
15073 serving, or otherwise furnishing alcoholic beverages in a dance or concert area located on the
15074 club premises on days and times when the club does not allow minors into those areas.
15075 (i) Nothing in Subsections (8)(a) through (g) precludes a local authority from being
15076 more restrictive of a minor's admittance to, use of, or presence on the premises of any private
15077 club.
15078 (9) An employee of a club, while on duty, may not:
15079 (a) consume an alcoholic beverage;
15080 (b) be intoxicated; or
15081 (c) act as a host for a guest.
15082 (10) (a) Each private club shall maintain an expense ledger or record showing in detail
15083 all expenditures separated by payments for:
15084 (i) malt or brewed beverages;
15085 (ii) liquor;
15086 (iii) food;
15087 (iv) detailed payroll;
15088 (v) entertainment;
15089 (vi) rent;
15090 (vii) utilities;
15091 (viii) supplies; and

15092 (ix) all other expenditures.
15093 (b) The record required by this Subsection (10) shall be:
15094 (i) kept in a form approved by the department; and
15095 (ii) balanced each month.
15096 (c) Each expenditure shall be supported by:
15097 (i) delivery tickets;
15098 (ii) invoices;
15099 (iii) receipted bills;
15100 (iv) canceled checks;
15101 (v) petty cash vouchers; or
15102 (vi) other sustaining data or memoranda.
15103 (d) All invoices and receipted bills for the current calendar or fiscal year documenting
15104 purchases made by the club shall also be maintained.
15105 (11) (a) Each private club shall maintain a minute book that is posted currently by the
15106 club.
15107 (b) The minute book required by this Subsection (11) shall contain the minutes of all
15108 regular and special meetings of the governing body.
15109 (c) Membership lists shall also be maintained.
15110 (12) (a) Each private club shall maintain current copies of the club's current bylaws and
15111 current house rules.
15112 (b) Changes in the bylaws or house rules:
15113 (i) are not effective unless submitted to the department within ten days after adoption;
15114 and
15115 (ii) become effective 15 days after received by the department unless rejected by the
15116 department before the expiration of the 15-day period.
15117 (13) Each private club shall maintain accounting and other records and documents as
15118 the department may require.
15119 (14) Any club or person acting for the club, who knowingly forges, falsifies, alters,
15120 cancels, destroys, conceals, or removes the entries in any of the books of account or other
15121 documents of the club required to be made, maintained, or preserved by this title or the rules of
15122 the commission for the purpose of deceiving the commission or the department, or any of their

15123 officials or employees, is subject to:
15124 (a) the suspension or revocation of the club's license; and
15125 (b) possible criminal prosecution under Chapter 12, Criminal Offenses.
15126 (15) (a) Each private club shall maintain and keep all the records required by this
15127 section and all other books, records, receipts, and disbursements maintained or used by the
15128 licensee, as the department requires, for a minimum period of three years.
15129 (b) All records, books, receipts, and disbursements are subject to inspection by
15130 authorized representatives of the commission and the department.
15131 (c) The club shall allow the department, through its auditors or examiners, to audit all
15132 records of the club at times the department considers advisable.
15133 (d) The department shall audit the records of the licensee at least once annually.
15134 (16) Each private club shall own or lease premises suitable for the club's activities.
15135 (17) (a) A private club may not maintain facilities in any manner that barricades or
15136 conceals the club operation.
15137 (b) Any member of the commission, authorized department personnel, or any peace
15138 officer shall, upon presentation of credentials, be admitted immediately to the club and
15139 permitted without hindrance or delay to inspect completely the entire club premises and all
15140 books and records of the licensee, at any time during which the same are open for the
15141 transaction of business to its members.
15142 (18) Any public advertising related to a private club by the following shall clearly
15143 identify a club as being "a private club for members":
15144 (a) the private club;
15145 (b) the employees or agents of the private club; or
15146 (c) any person under a contract or agreement with the club.
15147 (19) A private club must have food available at all times when alcoholic beverages are
15148 sold, served, or consumed on the premises.
15149 (20) (a) Liquor may not be purchased by a private club licensee except from state stores
15150 or package agencies.
15151 (b) Liquor purchased in accordance with Subsection (20)(a) may be transported by the
15152 licensee from the place of purchase to the licensed premises.
15153 (c) Payment for liquor shall be made in accordance with rules established by the

15154 commission.
15155 (21) A private club licensee may sell or provide any primary spirituous liquor only in a
15156 quantity not to exceed one ounce per beverage dispensed through a calibrated metered
15157 dispensing system approved by the department in accordance with commission rules adopted
15158 under this title, except that:
15159 (a) spirituous liquor need not be dispensed through a calibrated metered dispensing
15160 system if used as a secondary flavoring ingredient in a beverage subject to the following
15161 restrictions:
15162 (i) the secondary ingredient may be dispensed only in conjunction with the purchase of
15163 a primary spirituous liquor;
15164 (ii) the secondary ingredient is not the only spirituous liquor in the beverage;
15165 (iii) the private club licensee shall designate a location where flavorings are stored on
15166 the floor plan provided to the department; and
15167 (iv) all flavoring containers shall be plainly and conspicuously labeled "flavorings";
15168 (b) spirituous liquor need not be dispensed through a calibrated metered dispensing
15169 system if used:
15170 (i) as a flavoring on desserts; and
15171 (ii) in the preparation of flaming food dishes, drinks, and desserts; and
15172 (c) each club patron may have no more than 2.75 ounces of spirituous liquor at a time
15173 before the patron.
15174 (22) (a) (i) Wine may be sold and served by the glass or an individual portion not to
15175 exceed five ounces per glass or individual portion.
15176 (ii) An individual portion may be served to a patron in more than one glass as long as
15177 the total amount of wine does not exceed five ounces.
15178 (iii) An individual portion of wine is considered to be one alcoholic beverage under
15179 Subsection (26)(c).
15180 (b) (i) Wine may be sold and served in containers not exceeding 1.5 liters at prices
15181 fixed by the commission to tables of four or more persons.
15182 (ii) Wine may be sold and served in containers not exceeding 750 ml at prices fixed by
15183 the commission to tables of less than four persons.
15184 (c) A wine service may be performed and a service charge assessed by the private club

15185 as authorized by commission rule for wine purchased at the private club.
15186 (23) (a) Heavy beer may be served in original containers not exceeding one liter at
15187 prices fixed by the commission.
15188 (b) A service charge may be assessed by the private club for heavy beer purchased at
15189 the private club.
15190 (24) (a) (i) Subject to Subsection (24)(a)(ii), a private club licensed to sell liquor may
15191 sell beer for on-premise consumption:
15192 (A) in an open container; and
15193 (B) on draft.
15194 (ii) Beer sold pursuant to Subsection (24)(a)(i) shall be in a size of container that does
15195 not exceed two liters, except that beer may not be sold to an individual patron in a size of
15196 container that exceeds one liter.
15197 (b) (i) A private club licensed under this chapter that sells beer pursuant to Subsection
15198 (24)(a):
15199 (A) may do so without obtaining a separate on-premise beer retailer license from the
15200 commission; and
15201 (B) shall comply with all appropriate operational restrictions under Chapter 10, Beer
15202 Retailer Licenses, that apply to on-premise beer retailers except when those restrictions are
15203 inconsistent with or less restrictive than the operational restrictions under this chapter.
15204 (ii) Failure to comply with the operational restrictions under Chapter 10, Beer Retailer
15205 Licenses, required by Subsection (24)(b)(i) may result in a suspension or revocation of the
15206 private club's:
15207 (A) state liquor license; and
15208 (B) alcoholic beverage license issued by the local authority.
15209 (25) Alcoholic beverages may not be stored, served, or sold in any place other than as
15210 designated in the licensee's application, unless the licensee first applies for and receives
15211 approval from the department for a change of location within the private club.
15212 (26) (a) A patron may only make alcoholic beverage purchases in the private club from
15213 and be served by a person employed, designated, and trained by the licensee to sell, dispense,
15214 and serve alcoholic beverages.
15215 (b) Notwithstanding Subsection (26)(a), a patron who has purchased bottled wine from

15216 an employee of the private club or has carried bottled wine onto the premises of the private
15217 club pursuant to Subsection (32) may thereafter serve wine from the bottle to the patron or
15218 others at the patron's table.
15219 (c) Each club patron may have no more than two alcoholic beverages of any kind at a
15220 time before the patron.
15221 (27) The liquor storage area shall remain locked at all times other than those hours and
15222 days when liquor sales and service are authorized by law.
15223 (28) (a) Liquor may not be sold, offered for sale, served, or otherwise furnished at a
15224 private club during the following days or hours:
15225 (i) until after the polls are closed on the day of any:
15226 (A) regular general election;
15227 (B) regular primary election; or
15228 (C) statewide special election;
15229 (ii) until after the polls are closed on the day of any municipal, [special] local district,
15230 special service district, or school election, but only:
15231 (A) within the boundaries of the municipality, [special] local district, special service
15232 district, or school district; and
15233 (B) if required by local ordinance; and
15234 (iii) on any other day after 1 a.m. and before 10 a.m.
15235 (b) The hours of beer sales and service are those specified in Chapter 10, Beer Retailer
15236 Licenses, for on-premise beer licenses.
15237 (c) (i) Notwithstanding Subsections (28)(a) and (b), a private club shall remain open
15238 for one hour after the private club ceases the sale and service of alcoholic beverages during
15239 which time a patron of the club may finish consuming:
15240 (A) any single drink containing spirituous liquor;
15241 (B) a single serving of wine not exceeding five ounces;
15242 (C) a single serving of heavy beer; or
15243 (D) a single serving of beer not exceeding 26 ounces.
15244 (ii) A club is not required to remain open:
15245 (A) after all patrons have vacated the premises; or
15246 (B) during an emergency.

15247 (d) Between the hours of 2 a.m. and 10 a.m. on any day a private club may not allow a
15248 patron to remain on the premises to consume alcoholic beverages on the premises.
15249 (29) Alcoholic beverages may not be sold, served, or otherwise furnished to any:
15250 (a) minor;
15251 (b) person actually, apparently, or obviously intoxicated;
15252 (c) known habitual drunkard; or
15253 (d) known interdicted person.
15254 (30) (a) (i) Liquor may be sold only at prices fixed by the commission.
15255 (ii) Liquor may not be sold at discount prices on any date or at any time.
15256 (b) Alcoholic beverages may not be sold at less than the cost of the alcoholic beverage
15257 to the licensee.
15258 (c) An alcoholic beverage may not be sold at a special or reduced price that encourages
15259 over consumption or intoxication.
15260 (d) The price of a single serving of a primary spirituous liquor shall be the same
15261 whether served as a single drink or in conjunction with another alcoholic beverage.
15262 (e) An alcoholic beverage may not be sold at a special or reduced price for only certain
15263 hours of the private club's business day such as a "happy hour."
15264 (f) The sale or service of more than one alcoholic beverage for the price of a single
15265 alcoholic beverage is prohibited.
15266 (g) The sale or service of an indefinite or unlimited number of alcoholic beverages
15267 during any set period for a fixed price is prohibited.
15268 (h) A private club licensee may not engage in a promotion involving or offering free
15269 alcoholic beverages to patrons of the club.
15270 (31) Alcoholic beverages may not be purchased for a patron of the private club by:
15271 (a) the licensee; or
15272 (b) any employee or agent of the licensee.
15273 (32) (a) A person may not bring onto the premises of a private club licensee any
15274 alcoholic beverage for on-premise consumption, except a person may bring, subject to the
15275 discretion of the licensee, bottled wine onto the premises of any private club licensee for
15276 on-premise consumption.
15277 (b) Except bottled wine under Subsection (32)(a), a private club or its officers,

15278 managers, employees, or agents may not allow:
15279 (i) a person to bring onto the private club premises any alcoholic beverage for
15280 consumption on the private club premises; or
15281 (ii) consumption of alcoholic beverages described in Subsection (32)(b)(i) on the
15282 premises of the private club.
15283 (c) If bottled wine is carried in by a patron, the patron shall deliver the wine to a server
15284 or other representative of the licensee upon entering the private club.
15285 (d) A wine service may be performed and a service charge assessed by the private club
15286 as authorized by commission rule for wine carried in by a patron.
15287 (33) (a) Except as provided in Subsection (33)(b), a private club and its employees may
15288 not permit a patron of the club to carry from the club premises an open container that:
15289 (i) is used primarily for drinking purposes; and
15290 (ii) contains any alcoholic beverage.
15291 (b) A patron may remove the unconsumed contents of a bottle of wine if before
15292 removal the bottle has been recorked or recapped.
15293 (34) (a) A minor may not be employed by any class A, B, or C private club to sell,
15294 dispense, or handle any alcoholic beverage.
15295 (b) Notwithstanding Subsection (34)(a), a minor may be employed by a class A or C
15296 private club to enter the sale at a cash register or other sales recording device.
15297 (c) Except to the extent authorized in Subsection (8)(c), a minor may not be employed
15298 by or be on the premises of any class D private club.
15299 (d) A minor may not be employed to work in any lounge or bar area of any class A, B,
15300 or C private club.
15301 (35) An employee of a private club, while on duty, may not:
15302 (a) consume an alcoholic beverage; or
15303 (b) be intoxicated.
15304 (36) (a) A private club may not charge for the service or supply of glasses, ice, or
15305 mixers unless:
15306 (i) the charges are fixed in the house rules of the club; and
15307 (ii) a copy of the house rules is kept on the club premises and available at all times for
15308 examination by patrons of the club.

15309 (b) A charge or fee made in connection with the sale, service, or consumption of liquor
15310 may be stated in food or alcoholic beverage menus including:
15311 (i) a set-up charge;
15312 (ii) a service charge; or
15313 (iii) a chilling fee.
15314 (37) Each private club licensee shall display in a prominent place in the private club:
15315 (a) the private club license that is issued by the department;
15316 (b) a list of the types and brand names of liquor being served through its calibrated
15317 metered dispensing system; and
15318 (c) a sign in large letters stating: "Warning: Driving under the influence of alcohol or
15319 drugs is a serious crime that is prosecuted aggressively in Utah."
15320 (38) The following acts or conduct in a private club licensed under this chapter are
15321 considered contrary to the public welfare and morals, and are prohibited upon the premises:
15322 (a) employing or using any person in the sale or service of alcoholic beverages while
15323 the person is unclothed or in attire, costume, or clothing that exposes to view any portion of the
15324 female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the
15325 buttocks, vulva, or genitals;
15326 (b) employing or using the services of any person to mingle with the patrons while the
15327 person is unclothed or in attire, costume, or clothing described in Subsection (38)(a);
15328 (c) encouraging or permitting any person to touch, caress, or fondle the breasts,
15329 buttocks, anus, or genitals of any other person;
15330 (d) permitting any employee or person to wear or use any device or covering, exposed
15331 to view, that simulates the breast, genitals, anus, pubic hair, or any portion of these;
15332 (e) permitting any person to use artificial devices or inanimate objects to depict any of
15333 the prohibited activities described in this Subsection (38);
15334 (f) permitting any person to remain in or upon the premises who exposes to public
15335 view any portion of his or her genitals or anus; or
15336 (g) showing films, still pictures, electronic reproductions, or other visual reproductions
15337 depicting:
15338 (i) acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral
15339 copulation, flagellation, or any sexual acts prohibited by Utah law;

15340 (ii) any person being touched, caressed, or fondled on the breast, buttocks, anus, or
15341 genitals;
15342 (iii) scenes wherein artificial devices or inanimate objects are used to depict, or
15343 drawings are used to portray, any of the prohibited activities described in this Subsection (38);
15344 or
15345 (iv) scenes wherein a person displays the vulva or the anus or the genitals.
15346 (39) Nothing in Subsection (38) precludes a local authority from being more restrictive
15347 of acts or conduct of the type prohibited in Subsection (38).
15348 (40) (a) Although live entertainment is permitted on the premises of a club liquor
15349 licensee, a licensee may not allow any person to perform or simulate sexual acts prohibited by
15350 Utah law, including sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
15351 flagellation, or the touching, caressing, or fondling of the breast, buttocks, anus, or genitals, or
15352 the displaying of the pubic hair, anus, vulva, or genitals. Entertainers shall perform only upon
15353 a stage or at a designated area approved by the commission.
15354 (b) Nothing in Subsection (40)(a) precludes a local authority from being more
15355 restrictive of acts or conduct of the type prohibited in Subsection (40)(a).
15356 (41) A private club may not engage in or permit any form of gambling, or have any
15357 video gaming device, as defined and proscribed in Title 76, Chapter 10, Part 11, Gambling, on
15358 the premises of the private club.
15359 (42) (a) A private club may not close or cease operation for a period longer than 240
15360 hours, unless:
15361 (i) the private club licensee notifies the department in writing at least seven days before
15362 the closing; and
15363 (ii) the closure or cessation of operation is first approved by the department.
15364 (b) Notwithstanding Subsection (42)(a), in the case of emergency closure, immediate
15365 notice of closure shall be made to the department by telephone.
15366 (c) The department may authorize a closure or cessation of operation for a period not to
15367 exceed 60 days. The department may extend the initial period an additional 30 days upon
15368 written request of the private club and upon a showing of good cause. A closure or cessation of
15369 operation may not exceed a total of 90 days without commission approval.
15370 (d) The notice required by Subsection (42)(a) shall include:

15371 (i) the dates of closure or cessation of operation;
15372 (ii) the reason for the closure or cessation of operation; and
15373 (iii) the date on which the licensee will reopen or resume operation.
15374 (e) Failure of the licensee to provide notice and to obtain department authorization
15375 prior to closure or cessation of operation shall result in an automatic forfeiture of:
15376 (i) the license; and
15377 (ii) the unused portion of the license fee for the remainder of the license year effective
15378 immediately.
15379 (f) Failure of the licensee to reopen or resume operation by the approved date shall
15380 result in an automatic forfeiture of:
15381 (i) the license; and
15382 (ii) the unused portion of the club's license fee for the remainder of the license year.
15383 (43) A private club license may not be transferred from one location to another,
15384 without prior written approval of the commission.
15385 (44) (a) A private club licensee, may not sell, transfer, assign, exchange, barter, give, or
15386 attempt in any way to dispose of the license to any other person, whether for monetary gain or
15387 not.
15388 (b) A private club license has no monetary value for the purpose of any type of
15389 disposition.
15390 Section 400. Section 34-30-14 is amended to read:
15391 34-30-14. Public works -- Wages.
15392 (1) For purposes of this section:
15393 (a) "Political subdivision" means a county, city, town, school district, [special] local
15394 district, special service district, public corporation, institution of higher education of the state,
15395 public agency of any political subdivision, or other entity that expends public funds for
15396 construction, maintenance, repair or improvement of public works.
15397 (b) "Public works" or "public works project" means a building, road, street, sewer,
15398 storm drain, water system, irrigation system, reclamation project, or other facility owned or to
15399 be contracted for by the state or a political subdivision, and that is to be paid for in whole or in
15400 part with tax revenue paid by residents of the state.
15401 (2) (a) Except as provided in Subsection (2)(b) or as required by federal or state law,

15402 the state or any political subdivision that contracts for the construction, maintenance, repair, or
15403 improvement of public works may not require that a contractor, subcontractor, or material
15404 supplier or carrier engaged in the construction, maintenance, repair, or improvement of public
15405 works pay its employees:
15406 (i) a predetermined amount of wages or wage rate; or
15407 (ii) a type, amount, or rate of employee benefits.
15408 (b) Subsection (2)(a) does not apply when federal law requires the payment of
15409 prevailing or minimum wages to persons working on projects funded in whole or in part by
15410 federal funds.
15411 (3) The state or any political subdivision that contracts for the construction,
15412 maintenance, repair, or improvement of public works may not require that a contractor,
15413 subcontractor, or material supplier or carrier engaged in the construction, maintenance, repair
15414 or improvement of public works execute or otherwise become a party to any project labor
15415 agreement, collective bargaining agreement, prehire agreement, or any other agreement with
15416 employees, their representatives, or any labor organization as a condition of bidding,
15417 negotiating, being awarded, or performing work on a public works project.
15418 (4) This section applies to any contract executed after May 1, 1995.
15419 Section 401. Section 34-32-1.1 is amended to read:
15420 34-32-1.1. Prohibiting public employers from making payroll deductions for
15421 political purposes.
15422 (1) As used in this section:
15423 (a) (i) "Labor organization" means a lawful organization of any kind that is composed,
15424 in whole or in part, of employees and that exists for the purpose, in whole or in part, of dealing
15425 with employers concerning grievances, labor disputes, wages, rates of pay, hours of
15426 employment, or other terms and conditions of employment.
15427 (ii) Except as provided in Subsection (1)(b)(iii), "labor organization" includes each
15428 employee association and union for public employees.
15429 (iii) "Labor organization" does not include organizations governed by the National
15430 Labor Relations Act, 29 U.S.C. Sec. 151 et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151
15431 et seq.
15432 (b) "Political purposes" means an act done with the intent or in a way to influence or

15433 tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
15434 against any candidate for public office at any caucus, political convention, primary, or election.
15435 (c) "Public employee" means a person employed by:
15436 (i) the state of Utah or any administrative subunit of the state;
15437 (ii) a state institution of higher education; or
15438 (iii) a municipal corporation, a county, a municipality, a school district, a [special]
15439 local district, a special service district, or any other political subdivision of the state.
15440 (d) "Public employer" means an employer that is:
15441 (i) the state of Utah or any administrative subunit of the state;
15442 (ii) a state institution of higher education; or
15443 (iii) a municipal corporation, a county, a municipality, a school district, a [special]
15444 local district, a special service district, or any other political subdivision of the state.
15445 (e) "Union dues" means dues, fees, assessments, or other monies required as a
15446 condition of membership or participation in a labor organization.
15447 (2) A public employer may not deduct from the wages of its employees any amounts to
15448 be paid to:
15449 (a) a candidate as defined in Section 20A-11-101 ;
15450 (b) a personal campaign committee as defined in Section 20A-11-101 ;
15451 (c) a political action committee as defined in Section 20A-11-101 ;
15452 (d) a political issues committee as defined in Section 20A-11-101 ;
15453 (e) a registered political party as defined in Section 20A-11-101 ;
15454 (f) a political fund as defined in Section 20A-11-1402 ; or
15455 (g) any entity established by a labor organization to solicit, collect, or distribute monies
15456 primarily for political purposes as defined in this chapter.
15457 (3) The attorney general may bring an action to require a public employer to comply
15458 with the requirements of this section.
15459 Section 402. Section 34-41-101 is amended to read:
15460 34-41-101. Definitions.
15461 As used in this chapter:
15462 (1) "Drug" means any substance recognized as a drug in the United States
15463 Pharmacopeia, the National Formulary, the Homeopathic Pharmacopeia, or other drug

15464 compendia, including Title 58, Chapter 37, Utah Controlled Substances Act, or supplement to
15465 any of those compendia.
15466 (2) "Drug testing" means the scientific analysis for the presence of drugs or their
15467 metabolites in the human body in accordance with the definitions and terms of this chapter.
15468 (3) "Local governmental employee" means any person or officer in the service of a
15469 local governmental entity or state institution of higher education for compensation.
15470 (4) (a) "Local governmental entity" means any political subdivision of Utah including
15471 any county, municipality, local school district, [special] local district, special service district, or
15472 any administrative subdivision of those entities.
15473 (b) "Local governmental entity" does not mean Utah state government or its
15474 administrative subdivisions provided for in Sections 67-19-33 through 67-19-38 .
15475 (5) "Periodic testing" means preselected and preannounced drug testing of employees
15476 or volunteers conducted on a regular schedule.
15477 (6) "Prospective employee" means any person who has made a written or oral
15478 application to become an employee of a local governmental entity or a state institution of
15479 higher education.
15480 (7) "Random testing" means the unannounced drug testing of an employee or volunteer
15481 who was selected for testing by using a method uninfluenced by any personal characteristics
15482 other than job category.
15483 (8) "Reasonable suspicion for drug testing" means an articulated belief based on the
15484 recorded specific facts and reasonable inferences drawn from those facts that a local
15485 government employee or volunteer is in violation of the drug-free workplace policy.
15486 (9) "Rehabilitation testing" means unannounced but preselected drug testing done as
15487 part of a program of counseling, education, and treatment of an employee or volunteer in
15488 conjunction with the drug-free workplace policy.
15489 (10) "Safety sensitive position" means any local governmental or state institution of
15490 higher education position involving duties which directly affects the safety of governmental
15491 employees, the general public, or positions where there is access to controlled substances, as
15492 defined in Title 58, Chapter 37, Utah Controlled Substances Act, during the course of
15493 performing job duties.
15494 (11) "Sample" means urine, blood, breath, saliva, or hair.

15495 (12) "State institution of higher education" means the institution as defined in Section
15496 53B-3-102 .
15497 (13) "Volunteer" means any person who donates services as authorized by the local
15498 governmental entity or state institution of higher education without pay or other compensation
15499 except expenses actually and reasonably incurred.
15500 Section 403. Section 36-12-13 is amended to read:
15501 36-12-13. Office of Legislative Fiscal Analyst established -- Powers, functions,
15502 and duties -- Qualifications.
15503 (1) There is established an Office of Legislative Fiscal Analyst as a permanent staff
15504 office for the Legislature.
15505 (2) The powers, functions, and duties of the Office of Legislative Fiscal Analyst under
15506 the supervision of the fiscal analyst are:
15507 (a) to analyze in detail the executive budget before the convening of each legislative
15508 session and make recommendations to the Legislature on each item or program appearing in
15509 the executive budget;
15510 (b) to prepare cost estimates on all proposed bills that anticipate state government
15511 expenditures;
15512 (c) to prepare cost estimates on all proposed bills that anticipate expenditures by
15513 county, municipal, [or special] local district, or special service district governments;
15514 (d) to prepare cost estimates on all proposed bills that anticipate direct expenditures by
15515 any Utah resident, and the cost to the overall impacted Utah resident population;
15516 (e) to prepare a review and analysis of revenue estimates for existing and proposed
15517 revenue acts;
15518 (f) to report instances in which the administration may be failing to carry out the
15519 expressed intent of the Legislature;
15520 (g) to direct attention to each new proposed service contained in the governor's budget;
15521 (h) to direct attention to each budget item previously denied by the Legislature;
15522 (i) to propose and analyze statutory changes for more effective operational economies
15523 or more effective administration;
15524 (j) to prepare, after each session of the Legislature, a summary showing the effect of
15525 the final legislative program on the financial condition of the state;

15526 (k) to conduct organizational and management improvement studies;
15527 (l) to prepare and deliver upon request of any interim committee or the Legislative
15528 Management Committee, reports on the finances of the state and on anticipated or proposed
15529 requests for appropriations;
15530 (m) to recommend areas for research studies by the executive department or the interim
15531 committees;
15532 (n) to assist in prescribing the format for the presentation of the governor's budget to
15533 facilitate program and in-depth review of state expenditures in accordance with Sections
15534 63-38-14 and 63-38-15 ;
15535 (o) to recommend to the appropriations subcommittees the agencies or programs for
15536 which an in-depth budget review should be requested, and to recommend to the Legislative
15537 Management Committee the priority in which the request should be made;
15538 (p) to appoint and develop a professional staff within budget limitations; and
15539 (q) to prepare and submit the annual budget request for the office.
15540 (3) The legislative fiscal analyst shall have a master's degree in public administration,
15541 political science, economics, accounting, or the equivalent in academic or practical experience.
15542 (4) In carrying out the duties provided for in this section, the legislative fiscal analyst
15543 may obtain access to all records, documents, and reports necessary to the scope of his duties
15544 according to the procedures contained in Title 36, Chapter 14, Legislative Subpoena Powers.
15545 Section 404. Section 49-11-102 is amended to read:
15546 49-11-102. Definitions.
15547 As used in this title:
15548 (1) (a) "Active member" means a member who is employed or who has been employed
15549 by a participating employer within the previous 120 days.
15550 (b) "Active member" does not include retirees.
15551 (2) "Actuarial equivalent" means a benefit of equal value when computed upon the
15552 basis of mortality tables as recommended by the actuary and adopted by the executive director,
15553 including regular interest.
15554 (3) "Actuarial interest rate" means the interest rate as recommended by the actuary and
15555 adopted by the board upon which the funding of system costs and benefits are computed.
15556 (4) "Agency" means:

15557 (a) a department, division, agency, office, authority, commission, board, institution, or
15558 hospital of the state;
15559 (b) a county, municipality, school district, [or special] local district, or special service
15560 district;
15561 (c) a state college or university; or
15562 (d) any other participating employer.
15563 (5) "Allowance" means the pension plus the annuity, including any cost of living or
15564 other authorized adjustments to the pension and annuity.
15565 (6) "Alternate payee" means a member's former spouse or family member eligible to
15566 receive payments under a Domestic Relations Order in compliance with Section 49-11-612 .
15567 (7) "Annuity" means monthly payments derived from member contributions.
15568 (8) "Appointive officer" means an employee appointed to a position for a definite and
15569 fixed term of office by official and duly recorded action of a participating employer whose
15570 appointed position is designated in the participating employer's charter, creation document, or
15571 similar document, and who earns during the first full month of the term of office $500 or more,
15572 indexed as of January 1, 1990, as provided in Section 49-12-407 .
15573 (9) "Beneficiary" means any person entitled to receive a payment under this title
15574 through a relationship with or designated by a member, participant, covered individual, or
15575 alternate payee of a defined contribution plan.
15576 (10) "Board" means the Utah State Retirement Board established under Section
15577 49-11-202 .
15578 (11) "Board member" means a person serving on the Utah State Retirement Board as
15579 established under Section 49-11-202 .
15580 (12) "Contributions" means the total amount paid by the participating employer and the
15581 member into a system or to the Utah Governors' and Legislators' Retirement Plan under
15582 Chapter 19, Utah Governor's and Legislators' Retirement Act.
15583 (13) "Council member" means a person serving on the Membership Council
15584 established under Section 49-11-202 .
15585 (14) "Covered individual" means any individual covered under Chapter 20, Public
15586 Employees' Benefit and Insurance Program Act.
15587 (15) "Current service" means covered service as defined in Chapters 12, 13, 14, 15, 16,

15588 17, 18, and 19.
15589 (16) "Defined contribution" or "defined contribution plan" means any defined
15590 contribution plan authorized under the Internal Revenue Code and administered by the board.
15591 (17) "Educational institution" means a political subdivision or instrumentality of the
15592 state or a combination thereof primarily engaged in educational activities or the administration
15593 or servicing of educational activities, including:
15594 (a) the State Board of Education and its instrumentalities;
15595 (b) any institution of higher education and its branches;
15596 (c) any school district and its instrumentalities;
15597 (d) any vocational and technical school; and
15598 (e) any entity arising out of a consolidation agreement between entities described under
15599 this Subsection (17).
15600 (18) (a) "Employer" means any department, educational institution, or political
15601 subdivision of the state eligible to participate in a government-sponsored retirement system
15602 under federal law.
15603 (b) "Employer" may also include an agency financed in whole or in part by public
15604 funds.
15605 (19) "Exempt employee" means an employee working for a participating employer:
15606 (a) who is not eligible for service credit under Section 49-12-203 , 49-13-203 ,
15607 49-14-203 , 49-15-203 , or 49-16-203 ; and
15608 (b) for whom a participating employer is not required to pay contributions or
15609 nonelective contributions.
15610 (20) "Final average monthly salary" means the amount computed by dividing the
15611 compensation received during the final average salary period under each system by the number
15612 of months in the final average salary period.
15613 (21) "Fund" means any fund created under this title for the purpose of paying benefits
15614 or costs of administering a system, plan, or program.
15615 (22) (a) "Inactive member" means a member who has not been employed by a
15616 participating employer for a period of at least 120 days.
15617 (b) "Inactive member" does not include retirees.
15618 (23) (a) "Member" means a person, except a retiree, with contributions on deposit with

15619 a system, the Utah Governors' and Legislators' Retirement Plan under Chapter 19, or with a
15620 terminated system.
15621 (b) "Member" also includes leased employees within the meaning of Section 414(n)(2)
15622 of the Internal Revenue Code, if the employees have contributions on deposit with the office.
15623 If leased employees constitute less than 20% of the participating employer's work force that is
15624 not highly compensated within the meaning of Section 414(n)(5)(c)(ii), Internal Revenue Code,
15625 "member" does not include leased employees covered by a plan described in Section 414(n)(5)
15626 of the federal Internal Revenue Code.
15627 (24) "Member contributions" means the sum of the contributions paid to a system or
15628 the Utah Governors' and Legislators' Retirement Plan, including refund interest if allowed by a
15629 system, and which are made by:
15630 (a) the member; and
15631 (b) the participating employer on the member's behalf under Section 414(h) of the
15632 Internal Revenue Code.
15633 (25) "Nonelective contribution" means an amount contributed by a participating
15634 employer into a participant's defined contribution account.
15635 (26) "Office" means the Utah State Retirement Office.
15636 (27) "Participant" means an individual with voluntary deferrals or nonelective
15637 contributions on deposit with the defined contribution plans administered under this title.
15638 (28) "Participating employer" means a participating employer, as defined by Chapters
15639 12, 13, 14, 15, 16, 17, and 18, or an agency financed in whole or in part by public funds which
15640 is participating in a system or plan as of January 1, 2002.
15641 (29) "Pension" means monthly payments derived from participating employer
15642 contributions.
15643 (30) "Plan" means the Utah Governors' and Legislators' Retirement Plan created by
15644 Chapter 19 or the defined contribution plans created under Section 49-11-801 .
15645 (31) (a) "Political subdivision" means any local government entity, including cities,
15646 towns, counties, and school districts, but only if the subdivision is a juristic entity that is legally
15647 separate and distinct from the state and only if its employees are not by virtue of their
15648 relationship to the entity employees or the state.
15649 (b) "Political subdivision" includes [special] local districts, special service districts, or

15650 authorities created by the Legislature or by local governments, including the office.
15651 (c) "Political subdivision" does not include a project entity created under Title 11,
15652 Chapter 13, Interlocal Cooperation Act.
15653 (32) "Program" means the Public Employees' Insurance Program created under Chapter
15654 20, Public Employees' Benefit and Insurance Program Act, or the Public Employees'
15655 Long-Term Disability program created under Chapter 21, Public Employees' Long-Term
15656 Disability Act.
15657 (33) "Public funds" means those funds derived, either directly or indirectly, from public
15658 taxes or public revenue, dues or contributions paid or donated by the membership of the
15659 organization, used to finance an activity whose objective is to improve, on a nonprofit basis,
15660 the governmental, educational, and social programs and systems of the state or its political
15661 subdivisions.
15662 (34) "Refund interest" means the amount accrued on member contributions at a rate
15663 adopted by the board.
15664 (35) "Retiree" means an individual who has qualified for an allowance under this title.
15665 (36) "Retirement" means the status of an individual who has become eligible, applies
15666 for, and is entitled to receive an allowance under this title.
15667 (37) "Retirement date" means the date selected by the member on which the member's
15668 retirement becomes effective with the office.
15669 (38) "Service credit" means:
15670 (a) the period during which an employee is employed and compensated by a
15671 participating employer and meets the eligibility requirements for membership in a system or the
15672 Utah Governors' and Legislators' Retirement Plan, provided that any required contributions are
15673 paid to the office; and
15674 (b) periods of time otherwise purchasable under this title.
15675 (39) "System" means the individual retirement systems created by Chapters 12, 13, 14,
15676 15, 16, 17, and 18.
15677 (40) "Voluntary deferrals" means an amount contributed by a participant into that
15678 participant's defined contribution account.
15679 Section 405. Section 51-4-2 is amended to read:
15680 51-4-2. Deposits by political subdivisions.

15681 (1) As used in this section:
15682 (a) "Officer" means each:
15683 (i) county treasurer, county auditor, county assessor, county clerk, clerk of the district
15684 court, city treasurer, city clerk, justice court judge; and
15685 (ii) other officer of a political subdivision.
15686 (b) "Political subdivision" means a county, city, town, school district, [and special]
15687 local district, and special service district.
15688 (2) (a) Each officer shall deposit all public funds daily whenever practicable but not
15689 later than three days after receipt.
15690 (b) Each officer shall deposit all public funds only in qualified depositories unless the
15691 public funds need to be deposited in a bank outside Utah in order to provide for:
15692 (i) payment of maturing bonds or other evidences of indebtedness; or
15693 (ii) payment of the interest on bonds or other evidences of indebtedness.
15694 (3) (a) (i) Each officer shall require all checks to be made payable to the office of the
15695 officer receiving funds or to the political subdivision's treasurer.
15696 (ii) An officer may not accept a check unless it is made payable to the office of the
15697 officer receiving funds or to the political subdivision's treasurer.
15698 (b) Each officer shall deposit all monies he collects into an account controlled by his
15699 political subdivision's treasurer.
15700 (4) (a) Except as provided in Subsection (4)(b) and unless a shorter time for depositing
15701 funds is otherwise required by law, each political subdivision that has collected funds that are
15702 due to the state or to another political subdivision of the state shall, on or before the tenth day
15703 of each month, pay all of those funds that were receipted during the last month:
15704 (i) to a qualified depository for the credit of the appropriate public treasurer; or
15705 (ii) to the appropriate public treasurer.
15706 (b) Property tax collections shall be apportioned and paid according to Section
15707 59-2-1365 .
15708 Section 406. Section 52-4-203 is amended to read:
15709 52-4-203. Minutes of open meetings -- Public records -- Recording of meetings.
15710 (1) Except as provided under Subsection (7), written minutes and a recording shall be
15711 kept of all open meetings. The minutes and a recording shall include:

15712 (a) the date, time, and place of the meeting;
15713 (b) the names of members present and absent;
15714 (c) the substance of all matters proposed, discussed, or decided;
15715 (d) a record, by individual member, of votes taken;
15716 (e) the name of each person who provided testimony and the substance in brief of their
15717 testimony; and
15718 (f) any other information that any member requests be entered in the minutes or
15719 recording.
15720 (2) A recording of an open meeting shall be a complete and unedited record of all open
15721 portions of the meeting from the commencement of the meeting through adjournment of the
15722 meeting.
15723 (3) (a) The minutes and recordings of an open meeting are public records and shall be
15724 available within a reasonable time after the meeting.
15725 (b) An open meeting record kept only by a recording must be converted to written
15726 minutes within a reasonable time upon request.
15727 (4) All or any part of an open meeting may be independently recorded by any person in
15728 attendance if the recording does not interfere with the conduct of the meeting.
15729 (5) Minutes or recordings of an open meeting that is required to be retained
15730 permanently shall be maintained in or converted to a format that meets long-term records
15731 storage requirements.
15732 (6) Written minutes and recordings of open meetings are public records under Title 63,
15733 Chapter 2, Government Records Access and Management Act, but written minutes shall be the
15734 official record of action taken at the meeting.
15735 (7) Either written minutes or a recording shall be kept of:
15736 (a) an open meeting that is a site visit or a traveling tour, if no vote or action is taken by
15737 the public body; and
15738 (b) an open meeting of [an independent special district as defined under Title 17A,
15739 Special Districts, or] a local district under Title 17B, [Chapter 2, Local Districts,] Limited
15740 Purpose Local Government Entities - Local Districts, or special service district under Title
15741 17A, Chapter 2, Part 13, Utah Special Service District Act, if the district's annual budgeted
15742 expenditures for all funds, excluding capital expenditures and debt service, are $50,000 or less.

15743 Section 407. Section 53-3-207 is amended to read:
15744 53-3-207. License certificates or driving privilege cards issued to drivers by class
15745 of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
15746 licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
15747 (1) As used in this section:
15748 (a) "driving privilege" means the privilege granted under this chapter to drive a motor
15749 vehicle;
15750 (b) "driving privilege card" means the evidence of the privilege granted and issued
15751 under this chapter to drive a motor vehicle;
15752 (c) "governmental entity" means the state and its political subdivisions as defined in
15753 this Subsection (1);
15754 (d) "political subdivision" means any county, city, town, school district, public transit
15755 district, [redevelopment] community development and renewal agency, special improvement or
15756 taxing district, [special] local district, special service district, an entity created by an interlocal
15757 agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other
15758 governmental subdivision or public corporation; and
15759 (e) "state" means this state, and includes any office, department, agency, authority,
15760 commission, board, institution, hospital, college, university, children's justice center, or other
15761 instrumentality of the state.
15762 (2) (a) The division shall issue to every person privileged to drive a motor vehicle, a
15763 license certificate or a driving privilege card indicating the type or class of motor vehicle the
15764 person may drive.
15765 (b) A person may not drive a class of motor vehicle unless granted the privilege in that
15766 class.
15767 (3) (a) Every license certificate or driving privilege card shall bear:
15768 (i) the distinguishing number assigned to the person by the division;
15769 (ii) the name, birth date, and Utah residence address of the person;
15770 (iii) a brief description of the person for the purpose of identification;
15771 (iv) any restrictions imposed on the license under Section 53-3-208 ;
15772 (v) a photograph of the person;
15773 (vi) a photograph or other facsimile of the person's signature; and

15774 (vii) an indication whether the person intends to make an anatomical gift under Title
15775 26, Chapter 28, Uniform Anatomical Gift Act, unless the driving privilege is extended under
15776 Subsection 53-3-214 (3).
15777 (b) A new license certificate issued by the division may not bear the person's Social
15778 Security number.
15779 (c) (i) The license certificate or driving privilege card shall be of an impervious
15780 material, resistant to wear, damage, and alteration.
15781 (ii) Except as provided under Subsection (4)(b), the size, form, and color of the license
15782 certificate or driving privilege card shall be as prescribed by the commissioner.
15783 (iii) The commissioner may also prescribe the issuance of a special type of limited
15784 license certificate or driving privilege card under Subsection 53-3-220 (4) and may authorize
15785 the issuance of a renewed or duplicate license certificate or driving privilege card without a
15786 picture if the applicant is not then living in the state.
15787 (4) (a) (i) The division upon determining after an examination that an applicant is
15788 mentally and physically qualified to be granted a driving privilege may issue to an applicant a
15789 receipt for the fee.
15790 (ii) The receipt serves as a temporary license certificate or temporary driving privilege
15791 card allowing the person to drive a motor vehicle while the division is completing its
15792 investigation to determine whether the person is entitled to be granted a driving privilege.
15793 (b) The receipt shall be in the person's immediate possession while driving a motor
15794 vehicle, and it is invalid when the person's license certificate or driving privilege card has been
15795 issued or when, for good cause, the privilege has been refused.
15796 (c) The division shall indicate on the receipt a date after which it is not valid as a
15797 license certificate or driving privilege card.
15798 (5) (a) The division shall distinguish learner permits, temporary permits, license
15799 certificates, and driving privilege cards issued to any person younger than 21 years of age by
15800 use of plainly printed information or the use of a color or other means not used for other license
15801 certificates or driving privilege cards.
15802 (b) The division shall distinguish a license certificate or driving privilege card issued to
15803 any person:
15804 (i) younger than 21 years of age by use of a portrait-style format not used for other

15805 license certificates or driving privilege cards and by plainly printing the date the license
15806 certificate or driving privilege card holder is 21 years of age, which is the legal age for
15807 purchasing an alcoholic beverage or product under Section 32A-12-203 ; and
15808 (ii) younger than 19 years of age, by plainly printing the date the license certificate or
15809 driving privilege card holder is 19 years of age, which is the legal age for purchasing tobacco
15810 products under Section 76-10-104 .
15811 (6) (a) The division shall only issue a driving privilege card to a person whose privilege
15812 was obtained without using a Social Security number as required under Subsection
15813 53-3-205 (9).
15814 (b) The division shall distinguish a driving privilege card from a license certificate by:
15815 (i) use of a format, color, font, or other means; and
15816 (ii) clearly displaying on the front of the driving privilege card a phrase substantially
15817 similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
15818 (7) The provisions of Subsection (5)(b) do not apply to a learner permit, temporary
15819 permit, or any other temporary permit or receipt issued by the division.
15820 (8) The division shall issue temporary license certificates or temporary driving
15821 privilege cards of the same nature, except as to duration, as the license certificates or driving
15822 privilege cards that they temporarily replace, as are necessary to implement applicable
15823 provisions of this section and Section 53-3-223 .
15824 (9) A governmental entity may not accept a driving privilege card as proof of personal
15825 identification.
15826 (10) A person who violates Subsection (2)(b) is guilty of a class C misdemeanor.
15827 (11) Except as provided under this section, the provisions, requirements, classes,
15828 endorsements, fees, restrictions, and sanctions under this code apply to a:
15829 (a) driving privilege in the same way as a license issued under this chapter; and
15830 (b) driving privilege card in the same way as a license certificate issued under this
15831 chapter.
15832 Section 408. Section 53-7-104 is amended to read:
15833 53-7-104. Enforcement of rules -- Division of authority and responsibility.
15834 (1) The authority and responsibility for enforcing rules made under this chapter is
15835 divided as provided in this section.

15836 (2) The fire officers of any city or county shall enforce the rules of the state fire
15837 marshal in their respective areas.
15838 (3) The state fire marshal may enforce the rules in:
15839 (a) areas outside of corporate cities, fire protection districts, and [special] other local
15840 districts or special service districts organized for fire protection purposes; and
15841 (b) state-owned property, school district owned property, and privately owned property
15842 used for schools located within corporate cities and county fire protection districts, asylums,
15843 mental hospitals, hospitals, sanitariums, homes for the aged, residential health-care facilities,
15844 children's homes or institutions, or similar institutional type occupancy of any capacity.
15845 (4) The state fire marshal may enforce the rules in corporate cities, counties, [and] fire
15846 protection districts, and special service districts organized for fire protection purposes upon
15847 receiving a request from the chief fire official or the local governing body.
15848 Section 409. Section 53-10-605 is amended to read:
15849 53-10-605. Use of money in fund -- Criteria -- Administration.
15850 (1) Subject to an annual legislative appropriation from the fund to:
15851 (a) the committee, the committee shall:
15852 (i) authorize the use of the money in the fund, by grant to a local entity or state agency
15853 in accordance with this Subsection (1) and Subsection (2);
15854 (ii) grant to state agencies and local entities an amount not to exceed the per month fee
15855 levied on telephone services under Section 69-2-5.6 for installation, implementation, and
15856 maintenance of unified, statewide 911 emergency services and technology; and
15857 (iii) in addition to any money under Subsection (1)(a)(ii), grant to counties of the third
15858 through sixth class the amount dedicated for rural assistance, which is at least 3 cents per
15859 month levied on telephone services under Section 69-2-5.6 to:
15860 (A) enhance the 911 emergency services with a focus on areas or counties that do not
15861 have E-911 services; and
15862 (B) where needed, assist the counties, in cooperation with private industry, with the
15863 creation or integration of wireless systems and location technology in rural areas of the state;
15864 and
15865 (b) the committee, the committee shall:
15866 (i) include reimbursement to a provider of radio communications service, as defined in

15867 Section 69-2-2 , for costs as provided in Subsections (1)(b)(ii) and (iii);
15868 (ii) an agreement to reimburse costs to a provider of radio communications services
15869 must be a written agreement among the committee, the local public safety answering point and
15870 the carrier; and
15871 (iii) shall include reimbursement to the provider for the cost of design, development,
15872 and implementation of equipment or software necessary to provide Phase I, wireless E-911
15873 service to public service answering points, provided:
15874 (A) the reimbursement under this Subsection (1)(b) does not exceed the amount
15875 allowed by Subsection 53-10-602 (3);
15876 (B) the provider submits an invoice for the reimbursement to the committee; and
15877 (C) the provider has not been reimbursed by the consumer for the costs submitted to
15878 the committee; and
15879 (c) the state's Automated Geographic Reference Center in the Division of Integrated
15880 Technology of the Department of Technology Services, an amount equal to 1 cent per month
15881 levied on telephone services under Section 69-2-5.6 shall be used to enhance and upgrade
15882 statewide digital mapping standards.
15883 (2) (a) Beginning July 1, 2007, the committee may not grant the money in the fund to a
15884 local entity unless the local entity is in compliance with Phase I, wireless E-911 service.
15885 (b) Beginning July 1, 2009, the committee may not grant money in the fund to a local
15886 entity unless the local entity is in compliance with Phase II, wireless E-911 service.
15887 (3) A local entity must deposit any money it receives from the committee into a special
15888 emergency telephone service fund in accordance with Subsection 69-2-5 (4).
15889 (4) For purposes of this part, "local entity" means a county, city, town, [special
15890 district,] local district, special service district, or interlocal entity created under Title 11,
15891 Chapter 13, Interlocal Cooperation Act.
15892 Section 410. Section 53-13-103 is amended to read:
15893 53-13-103. Law enforcement officer.
15894 (1) (a) "Law enforcement officer" means a sworn and certified peace officer who is an
15895 employee of a law enforcement agency that is part of or administered by the state or any of its
15896 political subdivisions, and whose primary and principal duties consist of the prevention and
15897 detection of crime and the enforcement of criminal statutes or ordinances of this state or any of

15898 its political subdivisions.
15899 (b) "Law enforcement officer" specifically includes the following:
15900 (i) any sheriff or deputy sheriff, chief of police, police officer, or marshal of any
15901 county, city, or town;
15902 (ii) the commissioner of public safety and any member of the Department of Public
15903 Safety certified as a peace officer;
15904 (iii) all persons specified in Sections 23-20-1.5 and 63-11-17.2 ;
15905 (iv) any police officer employed by any college or university;
15906 (v) investigators for the Motor Vehicle Enforcement Division;
15907 (vi) special agents or investigators employed by the attorney general, district attorneys,
15908 and county attorneys;
15909 (vii) employees of the Department of Natural Resources designated as peace officers by
15910 law;
15911 (viii) school district police officers as designated by the board of education for the
15912 school district;
15913 (ix) the executive director of the Department of Corrections and any correctional
15914 enforcement or investigative officer designated by the executive director and approved by the
15915 commissioner of public safety and certified by the division;
15916 (x) correctional enforcement, investigative, or adult probation and parole officers
15917 employed by the Department of Corrections serving on or before July 1, 1993;
15918 (xi) members of a law enforcement agency established by a private college or
15919 university provided that the college or university has been certified by the commissioner of
15920 public safety according to rules of the Department of Public Safety;
15921 (xii) airport police officers of any airport owned or operated by the state or any of its
15922 political subdivisions; and
15923 (xiii) transit police officers designated under Section [ 17A-2-1062 ] 17B-2a-823 .
15924 (2) Law enforcement officers may serve criminal process and arrest violators of any
15925 law of this state and have the right to require aid in executing their lawful duties.
15926 (3) (a) A law enforcement officer has statewide full-spectrum peace officer authority,
15927 but the authority extends to other counties, cities, or towns only when the officer is acting
15928 under Title 77, Chapter 9, Uniform Act on Fresh Pursuit, unless the law enforcement officer is

15929 employed by the state.
15930 (b) (i) A local law enforcement agency may limit the jurisdiction in which its law
15931 enforcement officers may exercise their peace officer authority to a certain geographic area.
15932 (ii) Notwithstanding Subsection (3)(b)(i), a law enforcement officer may exercise his
15933 authority outside of the limited geographic area, pursuant to Title 77, Chapter 9, Uniform Act
15934 on Fresh Pursuit, if the officer is pursuing an offender for an offense that occurred within the
15935 limited geographic area.
15936 (c) The authority of law enforcement officers employed by the Department of
15937 Corrections is regulated by Title 64, Chapter 13, Department of Corrections -- State Prison.
15938 (4) A law enforcement officer shall, prior to exercising peace officer authority,
15939 satisfactorily complete:
15940 (a) the basic course at a certified law enforcement officer training academy or pass a
15941 certification examination as provided in Section 53-6-206 , and be certified; and
15942 (b) annual certified training of at least 40 hours per year as directed by the director of
15943 the division, with the advice and consent of the council.
15944 Section 411. Section 53A-2-123 is amended to read:
15945 53A-2-123. Notice before preparing or amending a long-range plan or acquiring
15946 certain property.
15947 (1) As used in this section:
15948 (a) "Affected entity" means each county, municipality, [independent special district
15949 under Title 17A, Chapter 2, Independent Special Districts,] local district under Title 17B,
15950 [Chapter 2, Local Districts,] Limited Purpose Local Government Entities - Local Districts,
15951 special service district under Title 17A, Chapter 2, Part 13, Utah Special Service District Act,
15952 interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act,
15953 and specified public utility:
15954 (i) whose services or facilities are likely to require expansion or significant
15955 modification because of an intended use of land; or
15956 (ii) that has filed with the school district a copy of the general or long-range plan of the
15957 county, municipality, [independent special district,] local district, special service district,
15958 school district, interlocal cooperation entity, or specified public utility.
15959 (b) "Specified public utility" means an electrical corporation, gas corporation, or

15960 telephone corporation, as those terms are defined in Section 54-2-1 .
15961 (2) (a) If a school district located in a county of the first or second class prepares a
15962 long-range plan regarding its facilities proposed for the future or amends an already existing
15963 long-range plan, the school district shall, before preparing a long-range plan or amendments to
15964 an existing long-range plan, provide written notice, as provided in this section, of its intent to
15965 prepare a long-range plan or to amend an existing long-range plan.
15966 (b) Each notice under Subsection (2)(a) shall:
15967 (i) indicate that the school district intends to prepare a long-range plan or to amend a
15968 long-range plan, as the case may be;
15969 (ii) describe or provide a map of the geographic area that will be affected by the
15970 long-range plan or amendments to a long-range plan;
15971 (iii) be sent to:
15972 (A) each county in whose unincorporated area and each municipality in whose
15973 boundaries is located the land on which the proposed long-range plan or amendments to a
15974 long-range plan are expected to indicate that the proposed facilities will be located;
15975 (B) each affected entity;
15976 (C) the Automated Geographic Reference Center created in Section 63F-1-506 ;
15977 (D) each association of governments, established pursuant to an interlocal agreement
15978 under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
15979 described in Subsection (2)(b)(iii)(A) is a member; and
15980 (E) the state planning coordinator appointed under Section 63-38d-202 ;
15981 (iv) with respect to the notice to counties and municipalities described in Subsection
15982 (2)(b)(iii)(A) and affected entities, invite them to provide information for the school district to
15983 consider in the process of preparing, adopting, and implementing the long-range plan or
15984 amendments to a long-range plan concerning:
15985 (A) impacts that the use of land proposed in the proposed long-range plan or
15986 amendments to a long-range plan may have on the county, municipality, or affected entity; and
15987 (B) uses of land that the county, municipality, or affected entity is planning or
15988 considering that may conflict with the proposed long-range plan or amendments to a long-range
15989 plan; and
15990 (v) include the address of an Internet website, if the school district has one, and the

15991 name and telephone number of a person where more information can be obtained concerning
15992 the school district's proposed long-range plan or amendments to a long-range plan.
15993 (3) (a) Except as provided in Subsection (3)(d), each school district intending to
15994 acquire real property in a county of the first or second class for the purpose of expanding the
15995 district's infrastructure or other facilities shall provide written notice, as provided in this
15996 Subsection (3), of its intent to acquire the property if the intended use of the property is
15997 contrary to:
15998 (i) the anticipated use of the property under the county or municipality's general plan;
15999 or
16000 (ii) the property's current zoning designation.
16001 (b) Each notice under Subsection (3)(a) shall:
16002 (i) indicate that the school district intends to acquire real property;
16003 (ii) identify the real property; and
16004 (iii) be sent to:
16005 (A) each county in whose unincorporated area and each municipality in whose
16006 boundaries the property is located; and
16007 (B) each affected entity.
16008 (c) A notice under this Subsection (3) is a protected record as provided in Subsection
16009 63-2-304 (7).
16010 (d) (i) The notice requirement of Subsection (3)(a) does not apply if the school district
16011 previously provided notice under Subsection (2) identifying the general location within the
16012 municipality or unincorporated part of the county where the property to be acquired is located.
16013 (ii) If a school district is not required to comply with the notice requirement of
16014 Subsection (3)(a) because of application of Subsection (3)(d)(i), the school district shall
16015 provide the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of
16016 the real property.
16017 Section 412. Section 53B-16-104 is amended to read:
16018 53B-16-104. Restrictions on higher education entities bidding on architect or
16019 engineering services in public procurement projects.
16020 (1) As used in this section:
16021 (a) "Architect-engineer services" means those professional services within the scope of

16022 the practice of architecture as defined in Section 58-3a-102 , or professional engineering as
16023 defined in Section 58-22-102 .
16024 (b) "Government entity" means a state agency, an institution of higher education, a
16025 county, a municipality, a local school district, [or a special] a local district, or a special service
16026 district.
16027 (2) When a government entity elects to obtain architect or engineering services by
16028 using a competitive procurement process and has provided public notice of its competitive
16029 procurement process:
16030 (a) a higher education entity, or any part of one, may not submit a proposal in response
16031 to the government entity's competitive procurement process; and
16032 (b) the government entity may not award a contract to perform the architect or
16033 engineering services solicited in the competitive procurement process to a higher education
16034 entity or any part of one.
16035 (3) (a) Subject to the prohibition contained in Subsection (3)(b), an employee of a
16036 higher education entity may, in a private capacity, submit a proposal in response to the
16037 competitive procurement process.
16038 (b) An employee of a higher education entity may not use any supplies, materials, or
16039 other resources owned by, or any persons matriculating at, attending, or employed by, the
16040 higher education entity in:
16041 (i) preparing a response to the competitive procurement process; or
16042 (ii) completing any work, assignment, or contract awarded to the employee resulting
16043 from that competitive procurement process.
16044 Section 413. Section 54-3-28 is amended to read:
16045 54-3-28. Notice required of certain public utilities before preparing or amending
16046 a long-range plan or acquiring certain property.
16047 (1) As used in this section:
16048 (a) (i) "Affected entity" means each county, municipality, [independent special district
16049 under Title 17A, Chapter 2, Independent Special Districts,] local district under Title 17B,
16050 [Chapter 2, Local Districts,] Limited Purpose Local Government Entities - Local Districts,
16051 special service district, school district, interlocal cooperation entity established under Title 11,
16052 Chapter 13, Interlocal Cooperation Act, and specified public utility:

16053 (A) whose services or facilities are likely to require expansion or significant
16054 modification because of expected uses of land under a proposed long-range plan or under
16055 proposed amendments to a long-range plan; or
16056 (B) that has filed with the specified public utility a copy of the general or long-range
16057 plan of the county, municipality, [independent special district,] local district, special service
16058 district, school district, interlocal cooperation entity, or specified public utility.
16059 (ii) "Affected entity" does not include the specified public utility that is required under
16060 Subsection (2) to provide notice.
16061 (b) "Specified public utility" means an electrical corporation, gas corporation, or
16062 telephone corporation, as those terms are defined in Section 54-2-1 .
16063 (2) (a) If a specified public utility prepares a long-range plan regarding its facilities
16064 proposed for the future in a county of the first or second class or amends an already existing
16065 long-range plan, the specified public utility shall, before preparing a long-range plan or
16066 amendments to an existing long-range plan, provide written notice, as provided in this section,
16067 of its intent to prepare a long-range plan or to amend an existing long-range plan.
16068 (b) Each notice under Subsection (2) shall:
16069 (i) indicate that the specified public utility intends to prepare a long-range plan or to
16070 amend a long-range plan, as the case may be;
16071 (ii) describe or provide a map of the geographic area that will be affected by the
16072 long-range plan or amendments to a long-range plan;
16073 (iii) be sent to:
16074 (A) each county in whose unincorporated area and each municipality in whose
16075 boundaries is located the land on which the proposed long-range plan or amendments to a
16076 long-range plan are expected to indicate that the proposed facilities will be located;
16077 (B) each affected entity;
16078 (C) the Automated Geographic Reference Center created in Section 63F-1-506 ;
16079 (D) each association of governments, established pursuant to an interlocal agreement
16080 under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
16081 described in Subsection (2)(b)(iii)(A) is a member; and
16082 (E) the state planning coordinator appointed under Section 63-38d-202 ;
16083 (iv) with respect to the notice to counties and municipalities described in Subsection

16084 (2)(b)(iii)(A) and affected entities, invite them to provide information for the specified public
16085 utility to consider in the process of preparing, adopting, and implementing the long-range plan
16086 or amendments to a long-range plan concerning:
16087 (A) impacts that the use of land proposed in the proposed long-range plan or
16088 amendments to a long-range plan may have on the county, municipality, or affected entity; and
16089 (B) uses of land that the county, municipality, or affected entity is planning or
16090 considering that may conflict with the proposed long-range plan or amendments to a long-range
16091 plan; and
16092 (v) include the address of an Internet website, if the specified public utility has one, and
16093 the name and telephone number of a person where more information can be obtained
16094 concerning the specified public utility's proposed long-range plan or amendments to a
16095 long-range plan.
16096 (3) (a) Except as provided in Subsection (3)(d), each specified public utility intending
16097 to acquire real property in a county of the first or second class for the purpose of expanding its
16098 infrastructure or other facilities used for providing the services that the specified public utility
16099 is authorized to provide shall provide written notice, as provided in this Subsection (3), of its
16100 intent to acquire the property if the intended use of the property is contrary to:
16101 (i) the anticipated use of the property under the county or municipality's general plan;
16102 or
16103 (ii) the property's current zoning designation.
16104 (b) Each notice under Subsection (3)(a) shall:
16105 (i) indicate that the specified public utility intends to acquire real property;
16106 (ii) identify the real property; and
16107 (iii) be sent to:
16108 (A) each county in whose unincorporated area and each municipality in whose
16109 boundaries the property is located; and
16110 (B) each affected entity.
16111 (c) A notice under this Subsection (3) is a protected record as provided in Subsection
16112 63-2-304 (7).
16113 (d) (i) The notice requirement of Subsection (3)(a) does not apply if the specified
16114 public utility previously provided notice under Subsection (2) identifying the general location

16115 within the municipality or unincorporated part of the county where the property to be acquired
16116 is located.
16117 (ii) If a specified public utility is not required to comply with the notice requirement of
16118 Subsection (3)(a) because of application of Subsection (3)(d)(i), the specified public utility
16119 shall provide the notice specified in Subsection (3)(a) as soon as practicable after its acquisition
16120 of the real property.
16121 Section 414. Section 54-8c-1 is amended to read:
16122 54-8c-1. Definitions.
16123 As used in this chapter:
16124 (1) "Authorized person" means an employee or agent:
16125 (a) of a public utility that:
16126 (i) generates, transmits, or delivers electricity; or
16127 (ii) provides and whose work relates to communication services;
16128 (b) of an industrial plant whose work relates to the electrical system of the industrial
16129 plant;
16130 (c) of a cable television or communication services company, or of a contractor of
16131 cable television or communication services company, if specifically and expressly authorized
16132 by the owner of the poles to make cable television or communication services attachments; or
16133 (d) of a state, county, or municipal agency which has or whose work relates to:
16134 (i) overhead electrical lines;
16135 (ii) overhead lighting systems;
16136 (iii) authorized overhead circuit construction;
16137 (iv) conductors on poles; or
16138 (v) structures of any type.
16139 (2) "Business day" means any day other than Saturday, Sunday, or a legal holiday.
16140 (3) "High voltage" means voltage in excess of six hundred volts measured between:
16141 (a) conductors; or
16142 (b) a conductor and the ground.
16143 (4) "Overhead line" means all bare or insulated electrical conductors installed above
16144 the ground.
16145 (5) "Public utility" means any entity that generates, transmits, or distributes electrical

16146 energy, including any:
16147 (a) public utility as defined in Title 54, Chapter 2;
16148 (b) municipality as defined in Title 10;
16149 (c) agricultural cooperative association as defined in Title 3;
16150 (d) [county] improvement district as defined in [Title 17A, Chapter 2, Part 3] Section
16151 17B-1-102 ; or
16152 (e) entity created pursuant to Title 11, Chapter 13, Interlocal Cooperation Act.
16153 (6) "Responsible party" means any person who contracts to perform, is responsible for
16154 the performance of, or has control over, any function or activity at any location.
16155 Section 415. Section 54-14-103 is amended to read:
16156 54-14-103. Definitions.
16157 As used in this chapter:
16158 (1) "Actual excess cost" means the difference in cost between the standard cost of a
16159 facility and the actual cost of the facility, including any necessary right-of-way, as determined
16160 in accordance with Section 54-14-203 .
16161 (2) "Board" means the Electrical Facility Review Board.
16162 (3) "Commencement of construction of a facility" includes the ordering of materials
16163 necessary to construct the facility.
16164 (4) "Estimated excess cost" means any material difference in estimated cost between
16165 the costs of a facility, including any necessary right-of-way, if constructed in accordance with
16166 the requirements of a local government and the standard cost of the facility.
16167 (5) "Facility" means a transmission line or a substation.
16168 (6) "Local government" means a city or town as defined in Section 10-1-104 or a
16169 county. If a facility is proposed to be located in more than one local government jurisdiction,
16170 "local government" may refer to one or more of the local governments in whose jurisdiction the
16171 facility is located.
16172 (7) "Pay" includes, in reference to a local government paying the actual excess cost of a
16173 facility, payment by:
16174 (a) a [special] local district [created by the local government] under Title 17B, Limited
16175 Purposed Local Government Entities - Local Districts; [or]
16176 (b) a special service district under Title 17A, Chapter 2, Part 13, Utah Special Service

16177 District Act; or
16178 [(b)] (c) a private entity other than the public utility pursuant to a regulation or decision
16179 of the local government.
16180 (8) (a) "Standard cost" means the estimated cost of a facility, including any necessary
16181 right-of-way, if constructed in accordance with:
16182 (i) the public utility's normal practices; and
16183 (ii) zoning, subdivision, and building code regulations of a local government, including
16184 siting, setbacks, screening, and landscaping requirements:
16185 (A) imposed on similar land uses in the same zone; and
16186 (B) that do not impair the ability of the public utility to provide service to its customers
16187 in a safe, reliable, adequate, and efficient manner.
16188 (b) With respect to a transmission line, standard cost is the cost of any overhead line
16189 constructed in accordance with the public utility's normal practices.
16190 (9) (a) "Substation" means a separate space within which electric supply equipment is
16191 located for the purpose of switching, regulating, transforming, or otherwise modifying the
16192 characteristics of electricity, including:
16193 (i) electrical equipment such as transformers, circuit breakers, voltage regulating
16194 equipment, buses, switches, capacitor banks, reactors, protection and control equipment, and
16195 other related equipment;
16196 (ii) the site at which the equipment is located, any foundations, support structures,
16197 buildings, or driveways necessary to locate, operate, and maintain the equipment at the site; and
16198 (iii) the structure intended to restrict access to the equipment to qualified persons.
16199 (b) "Substation" does not include a distribution pole-mounted or pad-mounted
16200 transformer that is used for the final transformation of power to the voltage level utilized by the
16201 customer.
16202 (10) "Transmission line" means an electrical line, including structures, equipment,
16203 plant, or fixtures associated with the electrical line, operated at a nominal voltage of 34,000
16204 volts or above.
16205 Section 416. Section 57-8-27 is amended to read:
16206 57-8-27. Separate taxation.
16207 (1) Each unit and its percentage of undivided interest in the common areas and

16208 facilities shall be considered to be a parcel and shall be subject to separate assessment and
16209 taxation by each assessing unit [and special], local district, and special service district for all
16210 types of taxes authorized by law, including ad valorem levies and special assessments. Neither
16211 the building or buildings, the property, nor any of the common areas and facilities may be
16212 considered a parcel.
16213 (2) In the event any of the interests in real property made subject to this chapter by the
16214 declaration are leasehold interests, if the lease creating these interests is of record in the office
16215 of the county recorder, if the balance of the term remaining under the lease is at least 40 years
16216 at the time the leasehold interest is made subject to this chapter, if units are situated or are to be
16217 situated on or within the real property covered by the lease, and if the lease provides that the
16218 lessee shall pay all taxes and assessments imposed by governmental authority, then until ten
16219 years prior to the date that the leasehold is to expire or until the lease is terminated, whichever
16220 first occurs, all taxes and assessments on the real property covered by the lease shall be levied
16221 against the owner of the lessee's interest. If the owner of the reversion under the lease has
16222 executed the declaration and condominium plat, until ten years prior to the date that the
16223 leasehold is to expire, or until the lease is terminated, whichever first occurs, all taxes and
16224 assessments on the real property covered by the lease shall be separately levied against the unit
16225 owners having an interest in the lease, with each unit owner for taxation purposes being
16226 considered the owner of a parcel consisting of his undivided condominium interest in the fee of
16227 the real property affected by the lease.
16228 (3) No forfeiture or sale of the improvements or the property as a whole for delinquent
16229 real estate taxes, special assessments, or charges shall divest or in anywise affect the title to an
16230 individual unit if the real estate taxes or duly levied share of the assessments and charges on the
16231 individual unit are currently paid.
16232 (4) Any exemption from taxes that may exist on real property or the ownership of the
16233 property may not be denied by virtue of the submission of the property to this chapter.
16234 (5) Timeshare interests and timeshare estates, as defined in Subsection 57-19-2 (17),
16235 may not be separately taxed but shall be valued, assessed, and taxed at the unit level. The value
16236 of timeshare interests and timeshare estates, for purposes of ad valorem taxation, shall be
16237 determined by valuing the real property interest associated with the timeshare interest or
16238 timeshare estate, exclusive of the value of any intangible property and rights associated with

16239 the acquisition, operation, ownership, and use of the timeshare interest or timeshare estate,
16240 including the fees and costs associated with the sale of timeshare interests and timeshare estates
16241 that exceed those fees and costs normally incurred in the sale of other similar properties, the
16242 fees and costs associated with the operation, ownership, and use of timeshare interests and
16243 timeshare estates, vacation exchange rights, vacation conveniences and services, club
16244 memberships, and any other intangible rights and benefits available to a timeshare unit owner.
16245 Nothing in this section shall be construed as requiring the assessment of any real property
16246 interest associated with a timeshare interest or timeshare estate at less than its fair market
16247 value. Notice of assessment, delinquency, sale, or any other purpose required by law is
16248 considered sufficient for all purposes if the notice is given to the management committee.
16249 Section 417. Section 59-2-102 is amended to read:
16250 59-2-102. Definitions.
16251 As used in this chapter and title:
16252 (1) "Aerial applicator" means aircraft or rotorcraft used exclusively for the purpose of
16253 engaging in dispensing activities directly affecting agriculture or horticulture with an
16254 airworthiness certificate from the Federal Aviation Administration certifying the aircraft or
16255 rotorcraft's use for agricultural and pest control purposes.
16256 (2) "Air charter service" means an air carrier operation which requires the customer to
16257 hire an entire aircraft rather than book passage in whatever capacity is available on a scheduled
16258 trip.
16259 (3) "Air contract service" means an air carrier operation available only to customers
16260 who engage the services of the carrier through a contractual agreement and excess capacity on
16261 any trip and is not available to the public at large.
16262 (4) "Aircraft" is as defined in Section 72-10-102 .
16263 (5) "Airline" means any air carrier operating interstate routes on a scheduled basis
16264 which offers to fly passengers or cargo on the basis of available capacity on regularly scheduled
16265 routes.
16266 (6) "Assessment roll" means a permanent record of the assessment of property as
16267 assessed by the county assessor and the commission and may be maintained manually or as a
16268 computerized file as a consolidated record or as multiple records by type, classification, or
16269 categories.

16270 (7) "Certified revenue levy" means a property tax levy that provides the same amount
16271 of ad valorem property tax revenue as was collected for the prior year, plus new growth, but
16272 exclusive of revenue from collections from redemptions, interest, and penalties.
16273 (8) "County-assessed commercial vehicle" means:
16274 (a) any commercial vehicle, trailer, or semitrailer which is not apportioned under
16275 Section 41-1a-301 and is not operated interstate to transport the vehicle owner's goods or
16276 property in furtherance of the owner's commercial enterprise;
16277 (b) any passenger vehicle owned by a business and used by its employees for
16278 transportation as a company car or vanpool vehicle; and
16279 (c) vehicles which are:
16280 (i) especially constructed for towing or wrecking, and which are not otherwise used to
16281 transport goods, merchandise, or people for compensation;
16282 (ii) used or licensed as taxicabs or limousines;
16283 (iii) used as rental passenger cars, travel trailers, or motor homes;
16284 (iv) used or licensed in this state for use as ambulances or hearses;
16285 (v) especially designed and used for garbage and rubbish collection; or
16286 (vi) used exclusively to transport students or their instructors to or from any private,
16287 public, or religious school or school activities.
16288 (9) (a) Except as provided in Subsection (9)(b), for purposes of Section 59-2-801 ,
16289 "designated tax area" means a tax area created by the overlapping boundaries of only the
16290 following taxing entities:
16291 (i) a county; and
16292 (ii) a school district.
16293 (b) Notwithstanding Subsection (9)(a), "designated tax area" includes a tax area created
16294 by the overlapping boundaries of:
16295 (i) the taxing entities described in Subsection (9)(a); and
16296 (ii) (A) a city or town if the boundaries of the school district under Subsection (9)(a)
16297 and the boundaries of the city or town are identical; or
16298 (B) a special service district if the boundaries of the school district under Subsection
16299 (9)(a) are located entirely within the special service district.
16300 (10) "Eligible judgment" means a final and unappealable judgment or order under

16301 Section 59-2-1330 :
16302 (a) that became a final and unappealable judgment or order no more than 14 months
16303 prior to the day on which the notice required by Subsection 59-2-919 (4) is required to be
16304 mailed; and
16305 (b) for which a taxing entity's share of the final and unappealable judgment or order is
16306 greater than or equal to the lesser of:
16307 (i) $5,000; or
16308 (ii) 2.5% of the total ad valorem property taxes collected by the taxing entity in the
16309 previous fiscal year.
16310 (11) (a) "Escaped property" means any property, whether personal, land, or any
16311 improvements to the property, subject to taxation and is:
16312 (i) inadvertently omitted from the tax rolls, assigned to the incorrect parcel, or assessed
16313 to the wrong taxpayer by the assessing authority;
16314 (ii) undervalued or omitted from the tax rolls because of the failure of the taxpayer to
16315 comply with the reporting requirements of this chapter; or
16316 (iii) undervalued because of errors made by the assessing authority based upon
16317 incomplete or erroneous information furnished by the taxpayer.
16318 (b) Property which is undervalued because of the use of a different valuation
16319 methodology or because of a different application of the same valuation methodology is not
16320 "escaped property."
16321 (12) "Fair market value" means the amount at which property would change hands
16322 between a willing buyer and a willing seller, neither being under any compulsion to buy or sell
16323 and both having reasonable knowledge of the relevant facts. For purposes of taxation, "fair
16324 market value" shall be determined using the current zoning laws applicable to the property in
16325 question, except in cases where there is a reasonable probability of a change in the zoning laws
16326 affecting that property in the tax year in question and the change would have an appreciable
16327 influence upon the value.
16328 (13) "Farm machinery and equipment," for purposes of the exemption provided under
16329 Section 59-2-1101 , means tractors, milking equipment and storage and cooling facilities, feed
16330 handling equipment, irrigation equipment, harvesters, choppers, grain drills and planters, tillage
16331 tools, scales, combines, spreaders, sprayers, haying equipment, and any other machinery or

16332 equipment used primarily for agricultural purposes; but does not include vehicles required to be
16333 registered with the Motor Vehicle Division or vehicles or other equipment used for business
16334 purposes other than farming.
16335 (14) "Geothermal fluid" means water in any form at temperatures greater than 120
16336 degrees centigrade naturally present in a geothermal system.
16337 (15) "Geothermal resource" means:
16338 (a) the natural heat of the earth at temperatures greater than 120 degrees centigrade;
16339 and
16340 (b) the energy, in whatever form, including pressure, present in, resulting from, created
16341 by, or which may be extracted from that natural heat, directly or through a material medium.
16342 (16) (a) "Goodwill" means:
16343 (i) acquired goodwill that is reported as goodwill on the books and records:
16344 (A) of a taxpayer; and
16345 (B) that are maintained for financial reporting purposes; or
16346 (ii) the ability of a business to:
16347 (A) generate income that exceeds a normal rate of return on assets; or
16348 (B) obtain an economic or competitive advantage resulting from:
16349 (I) superior management skills;
16350 (II) reputation;
16351 (III) customer relationships;
16352 (IV) patronage; or
16353 (V) a factor similar to Subsections (16)(a)(ii)(B)(I) through (IV).
16354 (b) "Goodwill" does not include:
16355 (i) the intangible property described in Subsection [(19)] (20)(a) or (b);
16356 (ii) locational attributes of real property, including:
16357 (A) zoning;
16358 (B) location;
16359 (C) view;
16360 (D) a geographic feature;
16361 (E) an easement;
16362 (F) a covenant;

16363 (G) proximity to raw materials;
16364 (H) the condition of surrounding property; or
16365 (I) proximity to markets;
16366 (iii) value attributable to the identification of an improvement to real property,
16367 including:
16368 (A) reputation of the designer, builder, or architect of the improvement;
16369 (B) a name given to, or associated with, the improvement; or
16370 (C) the historic significance of an improvement; or
16371 (iv) the enhancement or assemblage value specifically attributable to the interrelation
16372 of the existing tangible property in place working together as a unit.
16373 (17) "Governing body" means:
16374 (a) for a county, city, or town, the legislative body of the county, city, or town;
16375 (b) for a local district under Title 17B, Limited Purpose Local Government Entities -
16376 Local Districts, the local district's board of trustees;
16377 (c) for a school district, the local board of education; or
16378 (d) for a special service district under Title 17A, Chapter 2, Part 13, Utah Special
16379 Service District Act:
16380 (i) the legislative body of the county or municipality that created the special service
16381 district, to the extent that the county or municipal legislative body has not delegated authority
16382 to an administrative control board established under Section 17A-2-1326 ; or
16383 (ii) the administrative control board, to the extent that the county or municipal
16384 legislative body has delegated authority to an administrative control board established under
16385 Section 17A-2-1326 .
16386 [(17)] (18) (a) For purposes of Section 59-2-103 :
16387 (i) "household" means the association of persons who live in the same dwelling,
16388 sharing its furnishings, facilities, accommodations, and expenses; and
16389 (ii) "household" includes married individuals, who are not legally separated, that have
16390 established domiciles at separate locations within the state.
16391 (b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
16392 commission may make rules defining the term "domicile."
16393 [(18)] (19) (a) Except as provided in Subsection [(18)] (19)(c), "improvement" means a

16394 building, structure, fixture, fence, or other item that is permanently attached to land, regardless
16395 of whether the title has been acquired to the land, if:
16396 (i) (A) attachment to land is essential to the operation or use of the item; and
16397 (B) the manner of attachment to land suggests that the item will remain attached to the
16398 land in the same place over the useful life of the item; or
16399 (ii) removal of the item would:
16400 (A) cause substantial damage to the item; or
16401 (B) require substantial alteration or repair of a structure to which the item is attached.
16402 (b) "Improvement" includes:
16403 (i) an accessory to an item described in Subsection [(18)] (19)(a) if the accessory is:
16404 (A) essential to the operation of the item described in Subsection [(18)] (19)(a); and
16405 (B) installed solely to serve the operation of the item described in Subsection [(18)]
16406 (19)(a); and
16407 (ii) an item described in Subsection [(18)] (19)(a) that:
16408 (A) is temporarily detached from the land for repairs; and
16409 (B) remains located on the land.
16410 (c) Notwithstanding Subsections [(18)] (19)(a) and (b), "improvement" does not
16411 include:
16412 (i) an item considered to be personal property pursuant to rules made in accordance
16413 with Section 59-2-107 ;
16414 (ii) a moveable item that is attached to land:
16415 (A) for stability only; or
16416 (B) for an obvious temporary purpose;
16417 (iii) (A) manufacturing equipment and machinery; or
16418 (B) essential accessories to manufacturing equipment and machinery;
16419 (iv) an item attached to the land in a manner that facilitates removal without substantial
16420 damage to:
16421 (A) the land; or
16422 (B) the item; or
16423 (v) a transportable factory-built housing unit as defined in Section 59-2-1502 if that
16424 transportable factory-built housing unit is considered to be personal property under Section

16425 59-2-1503 .
16426 [(19)] (20) "Intangible property" means:
16427 (a) property that is capable of private ownership separate from tangible property,
16428 including:
16429 (i) moneys;
16430 (ii) credits;
16431 (iii) bonds;
16432 (iv) stocks;
16433 (v) representative property;
16434 (vi) franchises;
16435 (vii) licenses;
16436 (viii) trade names;
16437 (ix) copyrights; and
16438 (x) patents;
16439 (b) a low-income housing tax credit; or
16440 (c) goodwill.
16441 [(20)] (21) "Low-income housing tax credit" means:
16442 (a) a federal low-income housing tax credit under Section 42, Internal Revenue Code;
16443 or
16444 (b) a low-income housing tax credit under:
16445 (i) Section 59-7-607 ; or
16446 (ii) Section 59-10-1010 .
16447 [(21)] (22) "Metalliferous minerals" includes gold, silver, copper, lead, zinc, and
16448 uranium.
16449 [(22)] (23) "Mine" means a natural deposit of either metalliferous or nonmetalliferous
16450 valuable mineral.
16451 [(23)] (24) "Mining" means the process of producing, extracting, leaching, evaporating,
16452 or otherwise removing a mineral from a mine.
16453 [(24)] (25) (a) "Mobile flight equipment" means tangible personal property that is:
16454 (i) owned or operated by an:
16455 (A) air charter service;

16456 (B) air contract service; or
16457 (C) airline; and
16458 (ii) (A) capable of flight;
16459 (B) attached to an aircraft that is capable of flight; or
16460 (C) contained in an aircraft that is capable of flight if the tangible personal property is
16461 intended to be used:
16462 (I) during multiple flights;
16463 (II) during a takeoff, flight, or landing; and
16464 (III) as a service provided by an air charter service, air contract service, or airline.
16465 (b) (i) "Mobile flight equipment" does not include a spare part other than a spare
16466 engine that is rotated:
16467 (A) at regular intervals; and
16468 (B) with an engine that is attached to the aircraft.
16469 (ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
16470 commission may make rules defining the term "regular intervals."
16471 [(25)] (26) "Nonmetalliferous minerals" includes, but is not limited to, oil, gas, coal,
16472 salts, sand, rock, gravel, and all carboniferous materials.
16473 [(26)] (27) "Personal property" includes:
16474 (a) every class of property as defined in Subsection [(27)] (28) which is the subject of
16475 ownership and not included within the meaning of the terms "real estate" and "improvements";
16476 (b) gas and water mains and pipes laid in roads, streets, or alleys;
16477 (c) bridges and ferries;
16478 (d) livestock which, for the purposes of the exemption provided under Section
16479 59-2-1112 , means all domestic animals, honeybees, poultry, fur-bearing animals, and fish; and
16480 (e) outdoor advertising structures as defined in Section 72-7-502 .
16481 [(27)] (28) (a) "Property" means property that is subject to assessment and taxation
16482 according to its value.
16483 (b) "Property" does not include intangible property as defined in this section.
16484 [(28)] (29) "Public utility," for purposes of this chapter, means the operating property
16485 of a railroad, gas corporation, oil or gas transportation or pipeline company, coal slurry pipeline
16486 company, electrical corporation, telephone corporation, sewerage corporation, or heat

16487 corporation where the company performs the service for, or delivers the commodity to, the
16488 public generally or companies serving the public generally, or in the case of a gas corporation
16489 or an electrical corporation, where the gas or electricity is sold or furnished to any member or
16490 consumers within the state for domestic, commercial, or industrial use. Public utility also
16491 means the operating property of any entity or person defined under Section 54-2-1 except water
16492 corporations.
16493 [(29)] (30) "Real estate" or "real property" includes:
16494 (a) the possession of, claim to, ownership of, or right to the possession of land;
16495 (b) all mines, minerals, and quarries in and under the land, all timber belonging to
16496 individuals or corporations growing or being on the lands of this state or the United States, and
16497 all rights and privileges appertaining to these; and
16498 (c) improvements.
16499 [(30)] (31) "Residential property," for the purposes of the reductions and adjustments
16500 under this chapter, means any property used for residential purposes as a primary residence. It
16501 does not include property used for transient residential use or condominiums used in rental
16502 pools.
16503 [(31)] (32) For purposes of Subsection 59-2-801 (1)(e), "route miles" means the number
16504 of miles calculated by the commission that is:
16505 (a) measured in a straight line by the commission; and
16506 (b) equal to the distance between a geographical location that begins or ends:
16507 (i) at a boundary of the state; and
16508 (ii) where an aircraft:
16509 (A) takes off; or
16510 (B) lands.
16511 [(32)] (33) (a) "State-assessed commercial vehicle" means:
16512 (i) any commercial vehicle, trailer, or semitrailer which operates interstate or intrastate
16513 to transport passengers, freight, merchandise, or other property for hire; or
16514 (ii) any commercial vehicle, trailer, or semitrailer which operates interstate and
16515 transports the vehicle owner's goods or property in furtherance of the owner's commercial
16516 enterprise.
16517 (b) "State-assessed commercial vehicle" does not include vehicles used for hire which

16518 are specified in Subsection (8)(c) as county-assessed commercial vehicles.
16519 [(33)] (34) "Taxable value" means fair market value less any applicable reduction
16520 allowed for residential property under Section 59-2-103 .
16521 [(34)] (35) "Tax area" means a geographic area created by the overlapping boundaries
16522 of one or more taxing entities.
16523 [(35)] (36) "Taxing entity" means any county, city, town, school district, special taxing
16524 district, local district under Title 17B, Limited Purpose Local Government Entities - Local
16525 Districts, or [any] other political subdivision of the state with the authority to levy a tax on
16526 property.
16527 [(36)] (37) "Tax roll" means a permanent record of the taxes charged on property, as
16528 extended on the assessment roll and may be maintained on the same record or records as the
16529 assessment roll or may be maintained on a separate record properly indexed to the assessment
16530 roll. It includes tax books, tax lists, and other similar materials.
16531 Section 418. Section 59-2-511 is amended to read:
16532 59-2-511. Acquisition of land by governmental entity -- Requirements -- Rollback
16533 tax -- One-time in lieu fee payment -- Passage of title.
16534 (1) For purposes of this section, "governmental entity" means:
16535 (a) the United States;
16536 (b) the state;
16537 (c) a political subdivision of the state, including:
16538 (i) a county;
16539 (ii) a city;
16540 (iii) a town;
16541 (iv) a school district; [or]
16542 (v) a [special] local district; or
16543 (vi) a special service district; or
16544 (d) an entity created by the state or the United States, including:
16545 (i) an agency;
16546 (ii) a board;
16547 (iii) a bureau;
16548 (iv) a commission;

16549 (v) a committee;
16550 (vi) a department;
16551 (vii) a division;
16552 (viii) an institution;
16553 (ix) an instrumentality; or
16554 (x) an office.
16555 (2) (a) Except as provided in Subsections (3) and (4), land acquired by a governmental
16556 entity is subject to the rollback tax imposed by this part if:
16557 (i) prior to the governmental entity acquiring the land, the land is assessed under this
16558 part; and
16559 (ii) after the governmental entity acquires the land, the land does not meet the
16560 requirements of Section 59-2-503 for assessment under this part.
16561 (b) A person dedicating a public right-of-way to a governmental entity shall pay the
16562 rollback tax imposed by this part if:
16563 (i) a portion of the public right-of-way is located within a subdivision as defined in
16564 Section 10-9a-103 ; or
16565 (ii) in exchange for the dedication, the person dedicating the public right-of-way
16566 receives:
16567 (A) money; or
16568 (B) other consideration.
16569 (3) (a) Except as provided in Subsection (4), land acquired by a governmental entity is
16570 not subject to the rollback tax imposed by this part, but is subject to a one-time in lieu fee
16571 payment as provided in Subsection (3)(b), if:
16572 (i) the governmental entity acquires the land by eminent domain;
16573 (ii) (A) the land is under the threat or imminence of eminent domain proceedings; and
16574 (B) the governmental entity provides written notice of the proceedings to the owner; or
16575 (iii) the land is donated to the governmental entity.
16576 (b) (i) If a governmental entity acquires land under Subsection (3)(a)(iii), the
16577 governmental entity shall make a one-time in lieu fee payment:
16578 (A) to the county treasurer of the county in which the land is located; and
16579 (B) in an amount equal to the amount of rollback tax calculated under Section

16580 59-2-506 .
16581 (ii) If a governmental entity acquires land under Subsection (3)(a)(i) or (3)(a)(ii), the
16582 governmental entity shall make a one-time in lieu fee payment:
16583 (A) to the county treasurer of the county in which the land is located; and
16584 (B) (I) if the land remaining after the acquisition by the governmental entity meets the
16585 requirements of Section 59-2-503 , in an amount equal to the rollback tax under Section
16586 59-2-506 on the land acquired by the governmental entity; or
16587 (II) if the land remaining after the acquisition by the governmental entity is less than
16588 five acres, in an amount equal to the rollback tax under Section 59-2-506 on the land acquired
16589 by the governmental entity and the land remaining after the acquisition by the governmental
16590 entity.
16591 (iii) For purposes of Subsection (3)(b)(ii), "land remaining after the acquisition by the
16592 governmental entity" includes other eligible acreage that is used in conjunction with the land
16593 remaining after the acquisition by the governmental entity.
16594 (c) A county receiving an in lieu fee payment under Subsection (3)(b) shall distribute
16595 the revenues generated by the payment:
16596 (i) to the taxing entities in which the land is located; and
16597 (ii) in the same proportion as the revenue from real property taxes is distributed.
16598 (4) Except as provided in Section 59-2-506.5 , if land acquired by a governmental entity
16599 is made subject to a conservation easement in accordance with Section 59-2-506.5 :
16600 (a) the land is not subject to the rollback tax imposed by this part; and
16601 (b) the governmental entity acquiring the land is not required to make an in lieu fee
16602 payment under Subsection (3)(b).
16603 (5) If a governmental entity acquires land subject to assessment under this part, title to
16604 the land may not pass to the governmental entity until the following are paid to the county
16605 treasurer:
16606 (a) any tax due under this part;
16607 (b) any one-time in lieu fee payment due under this part; and
16608 (c) any interest due under this part.
16609 Section 419. Section 59-2-912 is amended to read:
16610 59-2-912. Time for adoption of levy -- Certification to county auditor.

16611 (1) The [county legislative] governing body of each taxing entity shall[,]:
16612 (a) before June 22 of each year, adopt a proposed or, if the tax rate is not more than the
16613 certified tax rate, a final tax rate for the taxing entity[. The county legislative body shall]; and
16614 (b) report the rate and levy, and submit the statement required under Section 59-2-913
16615 and any other information prescribed by rules of the commission for the preparation, review,
16616 and certification of the rate, to the county auditor of the county in which the taxing entity is
16617 located.
16618 (2) (a) If the [county legislative] governing body of any taxing entity fails to comply
16619 with [this section,] Subsection (1), the [county executive] auditor of the county in which the
16620 taxing entity is located shall notify the taxing entity by certified mail of the deficiency and
16621 forward all available documentation to the commission. [The]
16622 (b) Upon receipt of the notice and documentation from the county auditor under
16623 Subsection (2)(a), the commission shall hold a hearing on the matter and certify an appropriate
16624 rate.
16625 Section 420. Section 59-2-924 is amended to read:
16626 59-2-924. Report of valuation of property to county auditor and commission --
16627 Transmittal by auditor to governing bodies -- Certified tax rate -- Calculation of certified
16628 tax rate -- Rulemaking authority -- Adoption of tentative budget.
16629 (1) (a) Before June 1 of each year, the county assessor of each county shall deliver to
16630 the county auditor and the commission the following statements:
16631 (i) a statement containing the aggregate valuation of all taxable property in each taxing
16632 entity; and
16633 (ii) a statement containing the taxable value of any additional personal property
16634 estimated by the county assessor to be subject to taxation in the current year.
16635 (b) The county auditor shall, on or before June 8, transmit to the governing body of
16636 each taxing entity:
16637 (i) the statements described in Subsections (1)(a)(i) and (ii);
16638 (ii) an estimate of the revenue from personal property;
16639 (iii) the certified tax rate; and
16640 (iv) all forms necessary to submit a tax levy request.
16641 (2) (a) (i) The "certified tax rate" means a tax rate that will provide the same ad

16642 valorem property tax revenues for a taxing entity as were budgeted by that taxing entity for the
16643 prior year.
16644 (ii) For purposes of this Subsection (2), "ad valorem property tax revenues" do not
16645 include:
16646 (A) collections from redemptions;
16647 (B) interest; and
16648 (C) penalties.
16649 (iii) (A) Except as provided in Subsection (2)(a)(v), the certified tax rate shall be
16650 calculated by dividing the ad valorem property tax revenues budgeted for the prior year by the
16651 taxing entity by the amount calculated under Subsection (2)(a)(iii)(B).
16652 (B) For purposes of Subsection (2)(a)(iii)(A), the legislative body of a taxing entity
16653 shall calculate an amount as follows:
16654 (I) calculate for the taxing entity the difference between:
16655 (Aa) the aggregate taxable value of all property taxed; and
16656 (Bb) any redevelopment adjustments for the current calendar year;
16657 (II) after making the calculation required by Subsection (2)(a)(iii)(B)(I), calculate an
16658 amount determined by increasing or decreasing the amount calculated under Subsection
16659 (2)(a)(iii)(B)(I) by the average of the percentage net change in the value of taxable property for
16660 the equalization period for the three calendar years immediately preceding the current calendar
16661 year;
16662 (III) after making the calculation required by Subsection (2)(a)(iii)(B)(II), calculate the
16663 product of:
16664 (Aa) the amount calculated under Subsection (2)(a)(iii)(B)(II); and
16665 (Bb) the percentage of property taxes collected for the five calendar years immediately
16666 preceding the current calendar year; and
16667 (IV) after making the calculation required by Subsection (2)(a)(iii)(B)(III), calculate an
16668 amount determined by subtracting from the amount calculated under Subsection
16669 (2)(a)(iii)(B)(III) any new growth as defined in this section:
16670 (Aa) within the taxing entity; and
16671 (Bb) for the current calendar year.
16672 (C) For purposes of Subsection (2)(a)(iii)(B)(I), the aggregate taxable value of all

16673 property taxed includes:
16674 (I) the total taxable value of the real and personal property contained on the tax rolls;
16675 and
16676 (II) the taxable value of any additional personal property estimated by the county
16677 assessor to be subject to taxation in the current year.
16678 (D) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
16679 the commission may prescribe rules for calculating redevelopment adjustments for a calendar
16680 year.
16681 (iv) (A) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
16682 Act, the commission shall make rules determining the calculation of ad valorem property tax
16683 revenues budgeted by a taxing entity.
16684 (B) For purposes of Subsection (2)(a)(iv)(A), ad valorem property tax revenues
16685 budgeted by a taxing entity shall be calculated in the same manner as budgeted property tax
16686 revenues are calculated for purposes of Section 59-2-913 .
16687 (v) The certified tax rates for the taxing entities described in this Subsection (2)(a)(v)
16688 shall be calculated as follows:
16689 (A) except as provided in Subsection (2)(a)(v)(B), for new taxing entities the certified
16690 tax rate is zero;
16691 (B) for each municipality incorporated on or after July 1, 1996, the certified tax rate is:
16692 (I) in a county of the first, second, or third class, the levy imposed for municipal-type
16693 services under Sections 17-34-1 and 17-36-9 ; and
16694 (II) in a county of the fourth, fifth, or sixth class, the levy imposed for general county
16695 purposes and such other levies imposed solely for the municipal-type services identified in
16696 Section 17-34-1 and Subsection 17-36-3 (22); and
16697 (C) for debt service voted on by the public, the certified tax rate shall be the actual levy
16698 imposed by that section, except that the certified tax rates for the following levies shall be
16699 calculated in accordance with Section 59-2-913 and this section:
16700 (I) school leeways provided for under Sections 11-2-7 , 53A-16-110 , 53A-17a-125 ,
16701 53A-17a-127 , 53A-17a-133 , 53A-17a-134 , 53A-17a-143 , 53A-17a-145 , and 53A-21-103 ; and
16702 (II) levies to pay for the costs of state legislative mandates or judicial or administrative
16703 orders under Section 59-2-906.3 .

16704 (vi) (A) A judgment levy imposed under Section 59-2-1328 or 59-2-1330 shall be
16705 established at that rate which is sufficient to generate only the revenue required to satisfy one or
16706 more eligible judgments, as defined in Section 59-2-102 .
16707 (B) The ad valorem property tax revenue generated by the judgment levy shall not be
16708 considered in establishing the taxing entity's aggregate certified tax rate.
16709 (b) (i) For the purpose of calculating the certified tax rate, the county auditor shall use
16710 the taxable value of property on the assessment roll.
16711 (ii) For purposes of Subsection (2)(b)(i), the taxable value of property on the
16712 assessment roll does not include new growth as defined in Subsection (2)(b)(iii).
16713 (iii) "New growth" means:
16714 (A) the difference between the increase in taxable value of the taxing entity from the
16715 previous calendar year to the current year; minus
16716 (B) the amount of an increase in taxable value described in Subsection (2)(b)(iv).
16717 (iv) Subsection (2)(b)(iii)(B) applies to the following increases in taxable value:
16718 (A) the amount of increase to locally assessed real property taxable values resulting
16719 from factoring, reappraisal, or any other adjustments; or
16720 (B) the amount of an increase in the taxable value of property assessed by the
16721 commission under Section 59-2-201 resulting from a change in the method of apportioning the
16722 taxable value prescribed by:
16723 (I) the Legislature;
16724 (II) a court;
16725 (III) the commission in an administrative rule; or
16726 (IV) the commission in an administrative order.
16727 (c) Beginning January 1, 1997, if a taxing entity receives increased revenues from
16728 uniform fees on tangible personal property under Section 59-2-404 , 59-2-405 , 59-2-405.1 ,
16729 59-2-405.2 , or 59-2-405.3 as a result of any county imposing a sales and use tax under Chapter
16730 12, Part 11, County Option Sales and Use Tax, the taxing entity shall decrease its certified tax
16731 rate to offset the increased revenues.
16732 (d) (i) Beginning July 1, 1997, if a county has imposed a sales and use tax under
16733 Chapter 12, Part 11, County Option Sales and Use Tax, the county's certified tax rate shall be:
16734 (A) decreased on a one-time basis by the amount of the estimated sales and use tax

16735 revenue to be distributed to the county under Subsection 59-12-1102 (3); and
16736 (B) increased by the amount necessary to offset the county's reduction in revenue from
16737 uniform fees on tangible personal property under Section 59-2-404 , 59-2-405 , 59-2-405.1 ,
16738 59-2-405.2 , or 59-2-405.3 as a result of the decrease in the certified tax rate under Subsection
16739 (2)(d)(i)(A).
16740 (ii) The commission shall determine estimates of sales and use tax distributions for
16741 purposes of Subsection (2)(d)(i).
16742 (e) Beginning January 1, 1998, if a municipality has imposed an additional resort
16743 communities sales tax under Section 59-12-402 , the municipality's certified tax rate shall be
16744 decreased on a one-time basis by the amount necessary to offset the first 12 months of
16745 estimated revenue from the additional resort communities sales and use tax imposed under
16746 Section 59-12-402 .
16747 (f) For the calendar year beginning on January 1, 1999, and ending on December 31,
16748 1999, a taxing entity's certified tax rate shall be adjusted by the amount necessary to offset the
16749 adjustment in revenues from uniform fees on tangible personal property under Section
16750 59-2-405.1 as a result of the adjustment in uniform fees on tangible personal property under
16751 Section 59-2-405.1 enacted by the Legislature during the 1998 Annual General Session.
16752 (g) For purposes of Subsections (2)(h) through (j):
16753 (i) "1998 actual collections" means the amount of revenues a taxing entity actually
16754 collected for the calendar year beginning on January 1, 1998, under Section 59-2-405 for:
16755 (A) motor vehicles required to be registered with the state that weigh 12,000 pounds or
16756 less; and
16757 (B) state-assessed commercial vehicles required to be registered with the state that
16758 weigh 12,000 pounds or less.
16759 (ii) "1999 actual collections" means the amount of revenues a taxing entity actually
16760 collected for the calendar year beginning on January 1, 1999, under Section 59-2-405.1 .
16761 (h) For the calendar year beginning on January 1, 2000, the commission shall make the
16762 following adjustments:
16763 (i) the commission shall make the adjustment described in Subsection (2)(i)(i) if, for
16764 the calendar year beginning on January 1, 1999, a taxing entity's 1998 actual collections were
16765 greater than the sum of:

16766 (A) the taxing entity's 1999 actual collections; and
16767 (B) any adjustments the commission made under Subsection (2)(f);
16768 (ii) the commission shall make the adjustment described in Subsection (2)(i)(ii) if, for
16769 the calendar year beginning on January 1, 1999, a taxing entity's 1998 actual collections were
16770 greater than the taxing entity's 1999 actual collections, but the taxing entity's 1998 actual
16771 collections were less than the sum of:
16772 (A) the taxing entity's 1999 actual collections; and
16773 (B) any adjustments the commission made under Subsection (2)(f); and
16774 (iii) the commission shall make the adjustment described in Subsection (2)(i)(iii) if, for
16775 the calendar year beginning on January 1, 1999, a taxing entity's 1998 actual collections were
16776 less than the taxing entity's 1999 actual collections.
16777 (i) (i) For purposes of Subsection (2)(h)(i), the commission shall increase a taxing
16778 entity's certified tax rate under this section and a taxing entity's certified revenue levy under
16779 Section 59-2-906.1 by the amount necessary to offset the difference between:
16780 (A) the taxing entity's 1998 actual collections; and
16781 (B) the sum of:
16782 (I) the taxing entity's 1999 actual collections; and
16783 (II) any adjustments the commission made under Subsection (2)(f).
16784 (ii) For purposes of Subsection (2)(h)(ii), the commission shall decrease a taxing
16785 entity's certified tax rate under this section and a taxing entity's certified revenue levy under
16786 Section 59-2-906.1 by the amount necessary to offset the difference between:
16787 (A) the sum of:
16788 (I) the taxing entity's 1999 actual collections; and
16789 (II) any adjustments the commission made under Subsection (2)(f); and
16790 (B) the taxing entity's 1998 actual collections.
16791 (iii) For purposes of Subsection (2)(h)(iii), the commission shall decrease a taxing
16792 entity's certified tax rate under this section and a taxing entity's certified revenue levy under
16793 Section 59-2-906.1 by the amount of any adjustments the commission made under Subsection
16794 (2)(f).
16795 (j) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, for
16796 purposes of Subsections (2)(f) through (i), the commission may make rules establishing the

16797 method for determining a taxing entity's 1998 actual collections and 1999 actual collections.
16798 (k) (i) (A) For fiscal year 2000, the certified tax rate of each county required under
16799 Subsection 17-34-1 (4)(a) to provide advanced life support and paramedic services to the
16800 unincorporated area of the county shall be decreased by the amount necessary to reduce
16801 revenues in that fiscal year by an amount equal to the difference between the amount the county
16802 budgeted in its 2000 fiscal year budget for advanced life support and paramedic services
16803 countywide and the amount the county spent during fiscal year 2000 for those services,
16804 excluding amounts spent from a municipal services fund for those services.
16805 (B) For fiscal year 2001, the certified tax rate of each county to which Subsection
16806 (2)(k)(i)(A) applies shall be decreased by the amount necessary to reduce revenues in that fiscal
16807 year by the amount that the county spent during fiscal year 2000 for advanced life support and
16808 paramedic services countywide, excluding amounts spent from a municipal services fund for
16809 those services.
16810 (ii) (A) A city or town located within a county of the first class to which Subsection
16811 (2)(k)(i) applies may increase its certified tax rate by the amount necessary to generate within
16812 the city or town the same amount of revenues as the county would collect from that city or
16813 town if the decrease under Subsection (2)(k)(i) did not occur.
16814 (B) An increase under Subsection (2)(k)(ii)(A), whether occurring in a single fiscal
16815 year or spread over multiple fiscal years, is not subject to the notice and hearing requirements
16816 of Sections 59-2-918 and 59-2-919 .
16817 (l) (i) The certified tax rate of each county required under Subsection 17-34-1 (4)(b) to
16818 provide detective investigative services to the unincorporated area of the county shall be
16819 decreased:
16820 (A) in fiscal year 2001 by the amount necessary to reduce revenues in that fiscal year
16821 by at least $4,400,000; and
16822 (B) in fiscal year 2002 by the amount necessary to reduce revenues in that fiscal year
16823 by an amount equal to the difference between $9,258,412 and the amount of the reduction in
16824 revenues under Subsection (2)(l)(i)(A).
16825 (ii) (A) (I) Beginning with municipal fiscal year 2002, a city or town located within a
16826 county to which Subsection (2)(l)(i) applies may increase its certified tax rate to generate
16827 within the city or town the same amount of revenue as the county would have collected during

16828 county fiscal year 2001 from within the city or town except for Subsection (2)(l)(i)(A).
16829 (II) Beginning with municipal fiscal year 2003, a city or town located within a county
16830 to which Subsection (2)(l)(i) applies may increase its certified tax rate to generate within the
16831 city or town the same amount of revenue as the county would have collected during county
16832 fiscal year 2002 from within the city or town except for Subsection (2)(l)(i)(B).
16833 (B) (I) Except as provided in Subsection (2)(l)(ii)(B)(II), an increase in the city or
16834 town's certified tax rate under Subsection (2)(l)(ii)(A), whether occurring in a single fiscal year
16835 or spread over multiple fiscal years, is subject to the notice and hearing requirements of
16836 Sections 59-2-918 and 59-2-919 .
16837 (II) For an increase under this Subsection (2)(l)(ii) that generates revenue that does not
16838 exceed the same amount of revenue as the county would have collected except for Subsection
16839 (2)(l)(i), the requirements of Sections 59-2-918 and 59-2-919 do not apply if the city or town:
16840 (Aa) publishes a notice that meets the size, type, placement, and frequency
16841 requirements of Section 59-2-919 , reflects that the increase is a shift of a tax from one imposed
16842 by the county to one imposed by the city or town, and explains how the revenues from the tax
16843 increase will be used; and
16844 (Bb) holds a public hearing on the tax shift that may be held in conjunction with the
16845 city or town's regular budget hearing.
16846 (m) (i) This Subsection (2)(m) applies to each county that:
16847 (A) establishes a countywide special service district under Title 17A, Chapter 2, Part
16848 13, Utah Special Service District Act, to provide jail service, as provided in Subsection
16849 17A-2-1304 (1)(a)(x); and
16850 (B) levies a property tax on behalf of the special service district under Section
16851 17A-2-1322 .
16852 (ii) (A) The certified tax rate of each county to which this Subsection (2)(m) applies
16853 shall be decreased by the amount necessary to reduce county revenues by the same amount of
16854 revenues that will be generated by the property tax imposed on behalf of the special service
16855 district.
16856 (B) Each decrease under Subsection (2)(m)(ii)(A) shall occur contemporaneously with
16857 the levy on behalf of the special service district under Section 17A-2-1322 .
16858 (n) (i) As used in this Subsection (2)(n):

16859 (A) "Annexing county" means a county whose unincorporated area is included within a
16860 fire district by annexation.
16861 (B) "Annexing municipality" means a municipality whose area is included within a fire
16862 district by annexation.
16863 (C) "Equalized fire protection tax rate" means the tax rate that results from:
16864 (I) calculating, for each participating county and each participating municipality, the
16865 property tax revenue necessary to cover all of the costs associated with providing fire
16866 protection, paramedic, and emergency services:
16867 (Aa) for a participating county, in the unincorporated area of the county; and
16868 (Bb) for a participating municipality, in the municipality; and
16869 (II) adding all the amounts calculated under Subsection (2)(n)(i)(C)(I) for all
16870 participating counties and all participating municipalities and then dividing that sum by the
16871 aggregate taxable value of the property, as adjusted in accordance with Section 59-2-913 :
16872 (Aa) for participating counties, in the unincorporated area of all participating counties;
16873 and
16874 (Bb) for participating municipalities, in all the participating municipalities.
16875 (D) "Fire district" means a [county] service area under Title [17A] 17B, Chapter [2] 2a,
16876 Part [4, County] 9, Service Area Act, in the creation of which an election was not required
16877 under Subsection [ 17B-2-214 ] 17B-1-214 (3)(c).
16878 (E) "Fire protection tax rate" means:
16879 (I) for an annexing county, the property tax rate that, when applied to taxable property
16880 in the unincorporated area of the county, generates enough property tax revenue to cover all the
16881 costs associated with providing fire protection, paramedic, and emergency services in the
16882 unincorporated area of the county; and
16883 (II) for an annexing municipality, the property tax rate that generates enough property
16884 tax revenue in the municipality to cover all the costs associated with providing fire protection,
16885 paramedic, and emergency services in the municipality.
16886 (F) "Participating county" means a county whose unincorporated area is included
16887 within a fire district at the time of the creation of the fire district.
16888 (G) "Participating municipality" means a municipality whose area is included within a
16889 fire district at the time of the creation of the fire district.

16890 (ii) In the first year following creation of a fire district, the certified tax rate of each
16891 participating county and each participating municipality shall be decreased by the amount of
16892 the equalized fire protection tax rate.
16893 (iii) In the first year following annexation to a fire district, the certified tax rate of each
16894 annexing county and each annexing municipality shall be decreased by the fire protection tax
16895 rate.
16896 (iv) Each tax levied under this section by a fire district shall be considered to be levied
16897 by:
16898 (A) each participating county and each annexing county for purposes of the county's
16899 tax limitation under Section 59-2-908 ; and
16900 (B) each participating municipality and each annexing municipality for purposes of the
16901 municipality's tax limitation under Section 10-5-112 , for a town, or Section 10-6-133 , for a
16902 city.
16903 (3) (a) On or before June 22, each taxing entity shall annually adopt a tentative budget.
16904 (b) If the taxing entity intends to exceed the certified tax rate, it shall notify the county
16905 auditor of:
16906 (i) its intent to exceed the certified tax rate; and
16907 (ii) the amount by which it proposes to exceed the certified tax rate.
16908 (c) The county auditor shall notify all property owners of any intent to exceed the
16909 certified tax rate in accordance with Subsection 59-2-919 (2).
16910 (4) (a) The taxable value for the base year under Subsection 17C-1-102 (6) shall be
16911 reduced for any year to the extent necessary to provide a community development and renewal
16912 agency established under Title 17C, Limited Purpose Local Government Entities - Community
16913 Development and Renewal Agencies, with approximately the same amount of money the
16914 agency would have received without a reduction in the county's certified tax rate if:
16915 (i) in that year there is a decrease in the certified tax rate under Subsection (2)(c) or
16916 (2)(d)(i);
16917 (ii) the amount of the decrease is more than 20% of the county's certified tax rate of the
16918 previous year; and
16919 (iii) the decrease results in a reduction of the amount to be paid to the agency under
16920 Section 17C-1-403 or 17C-1-404 .

16921 (b) The base taxable value under Subsection 17C-1-102 (6) shall be increased in any
16922 year to the extent necessary to provide a community development and renewal agency with
16923 approximately the same amount of money as the agency would have received without an
16924 increase in the certified tax rate that year if:
16925 (i) in that year the base taxable value under Subsection 17C-1-102 (6) is reduced due to
16926 a decrease in the certified tax rate under Subsection (2)(c) or (2)(d)(i); and
16927 (ii) The certified tax rate of a city, school district, [or special] local district, or special
16928 district increases independent of the adjustment to the taxable value of the base year.
16929 (c) Notwithstanding a decrease in the certified tax rate under Subsection (2)(c) or
16930 (2)(d)(i), the amount of money allocated and, when collected, paid each year to a community
16931 development and renewal agency established under Title 17C, Limited Purpose Local
16932 Government Entities - Community Development and Renewal Agencies, for the payment of
16933 bonds or other contract indebtedness, but not for administrative costs, may not be less than that
16934 amount would have been without a decrease in the certified tax rate under Subsection (2)(c) or
16935 (2)(d)(i).
16936 Section 421. Section 59-2-1101 is amended to read:
16937 59-2-1101. Exemption of certain property -- Proportional payments for certain
16938 property -- County legislative body authority to adopt rules or ordinances.
16939 (1) For purposes of this section:
16940 (a) "exclusive use exemption" means a property tax exemption under Subsection
16941 (3)(d), for property owned by a nonprofit entity that is used exclusively for religious, charitable,
16942 or educational purposes;
16943 (b) "government exemption" means a property tax exemption provided under
16944 Subsection (3)(a), (b), or (c); and
16945 (c) "tax relief" means an exemption, deferral, or abatement that is authorized by this
16946 part.
16947 (2) (a) Except as provided in Subsection (2)(b) or (c), tax relief may be allowed only if
16948 the claimant is the owner of the property as of January 1 of the year the exemption is claimed.
16949 (b) Notwithstanding Subsection (2)(a), a claimant shall collect and pay a proportional
16950 tax based upon the length of time that the property was not owned by the claimant if:
16951 (i) the claimant is a federal, state, or political subdivision entity described in

16952 Subsection (3)(a), (b), or (c); or
16953 (ii) pursuant to Subsection (3)(d):
16954 (A) the claimant is a nonprofit entity; and
16955 (B) the property is used exclusively for religious, charitable, or educational purposes.
16956 (c) Notwithstanding Subsection (2)(a), a claimant may be allowed a veteran's
16957 exemption in accordance with Sections 59-2-1104 and 59-2-1105 regardless of whether the
16958 claimant is the owner of the property as of January 1 of the year the exemption is claimed if the
16959 claimant is:
16960 (i) the unmarried surviving spouse of:
16961 (A) a deceased disabled veteran as defined in Section 59-2-1104 ; or
16962 (B) a veteran who was killed in action or died in the line of duty as defined in Section
16963 59-2-1104; or
16964 (ii) a minor orphan of:
16965 (A) a deceased disabled veteran as defined in Section 59-2-1104 ; or
16966 (B) a veteran who was killed in action or died in the line of duty as defined in Section
16967 59-2-1104 .
16968 (3) The following property is exempt from taxation:
16969 (a) property exempt under the laws of the United States;
16970 (b) property of:
16971 (i) the state;
16972 (ii) school districts; and
16973 (iii) public libraries;
16974 (c) except as provided in Title 11, Chapter 13, Interlocal Cooperation Act, property of:
16975 (i) counties;
16976 (ii) cities;
16977 (iii) towns;
16978 (iv) [special] local districts; [and]
16979 (v) special service districts; and
16980 [(v)] (vi) all other political subdivisions of the state;
16981 (d) property owned by a nonprofit entity which is used exclusively for religious,
16982 charitable, or educational purposes;

16983 (e) places of burial not held or used for private or corporate benefit;
16984 (f) farm equipment and machinery;
16985 (g) intangible property; and
16986 (h) the ownership interest of an out-of-state public agency, as defined in Section
16987 11-13-103 :
16988 (i) if that ownership interest is in property providing additional project capacity, as
16989 defined in Section 11-13-103 ; and
16990 (ii) on which a fee in lieu of ad valorem property tax is payable under Section
16991 11-13-302 .
16992 (4) Subject to Subsection (5), if property that is allowed an exclusive use exemption or
16993 a government exemption ceases to qualify for the exemption because of a change in the
16994 ownership of the property:
16995 (a) the new owner of the property shall pay a proportional tax based upon the period of
16996 time:
16997 (i) beginning on the day that the new owner acquired the property; and
16998 (ii) ending on the last day of the calendar year during which the new owner acquired
16999 the property; and
17000 (b) the new owner of the property and the person from whom the new owner acquires
17001 the property shall notify the county assessor, in writing, of the change in ownership of the
17002 property within 30 days from the day that the new owner acquires the property.
17003 (5) Notwithstanding Subsection (4)(a), the proportional tax described in Subsection
17004 (4)(a):
17005 (a) is subject to any exclusive use exemption or government exemption that the
17006 property is entitled to under the new ownership of the property; and
17007 (b) applies only to property that is acquired after December 31, 2005.
17008 (6) A county legislative body may adopt rules or ordinances to:
17009 (a) effectuate the exemptions, deferrals, abatements, or other relief from taxation
17010 provided in this part; and
17011 (b) designate one or more persons to perform the functions given the county under this
17012 part.
17013 Section 422. Section 59-12-104 is amended to read:

17014 59-12-104. Exemptions.
17015 The following sales and uses are exempt from the taxes imposed by this chapter:
17016 (1) sales of aviation fuel, motor fuel, and special fuel subject to a Utah state excise tax
17017 under Chapter 13, Motor and Special Fuel Tax Act;
17018 (2) sales to the state, its institutions, and its political subdivisions; however, this
17019 exemption does not apply to sales of:
17020 (a) construction materials except:
17021 (i) construction materials purchased by or on behalf of institutions of the public
17022 education system as defined in Utah Constitution Article X, Section 2, provided the
17023 construction materials are clearly identified and segregated and installed or converted to real
17024 property which is owned by institutions of the public education system; and
17025 (ii) construction materials purchased by the state, its institutions, or its political
17026 subdivisions which are installed or converted to real property by employees of the state, its
17027 institutions, or its political subdivisions; or
17028 (b) tangible personal property in connection with the construction, operation,
17029 maintenance, repair, or replacement of a project, as defined in Section 11-13-103 , or facilities
17030 providing additional project capacity, as defined in Section 11-13-103 ;
17031 (3) (a) sales of an item described in Subsection (3)(b) from a vending machine if:
17032 (i) the proceeds of each sale do not exceed $1; and
17033 (ii) the seller or operator of the vending machine reports an amount equal to 150% of
17034 the cost of the item described in Subsection (3)(b) as goods consumed; and
17035 (b) Subsection (3)(a) applies to:
17036 (i) food and food ingredients; or
17037 (ii) prepared food;
17038 (4) sales of the following to a commercial airline carrier for in-flight consumption:
17039 (a) food and food ingredients;
17040 (b) prepared food; or
17041 (c) services related to Subsection (4)(a) or (b);
17042 (5) sales of parts and equipment for installation in aircraft operated by common carriers
17043 in interstate or foreign commerce;
17044 (6) sales of commercials, motion picture films, prerecorded audio program tapes or

17045 records, and prerecorded video tapes by a producer, distributor, or studio to a motion picture
17046 exhibitor, distributor, or commercial television or radio broadcaster;
17047 (7) (a) subject to Subsection (7)(b), sales of cleaning or washing of tangible personal
17048 property if the cleaning or washing of the tangible personal property is not assisted cleaning or
17049 washing of tangible personal property;
17050 (b) if a seller that sells at the same business location assisted cleaning or washing of
17051 tangible personal property and cleaning or washing of tangible personal property that is not
17052 assisted cleaning or washing of tangible personal property, the exemption described in
17053 Subsection (7)(a) applies if the seller separately accounts for the sales of the assisted cleaning
17054 or washing of the tangible personal property; and
17055 (c) for purposes of Subsection (7)(b) and in accordance with Title 63, Chapter 46a,
17056 Utah Administrative Rulemaking Act, the commission may make rules:
17057 (i) governing the circumstances under which sales are at the same business location;
17058 and
17059 (ii) establishing the procedures and requirements for a seller to separately account for
17060 sales of assisted cleaning or washing of tangible personal property;
17061 (8) sales made to or by religious or charitable institutions in the conduct of their regular
17062 religious or charitable functions and activities, if the requirements of Section 59-12-104.1 are
17063 fulfilled;
17064 (9) sales of a vehicle of a type required to be registered under the motor vehicle laws of
17065 this state if the vehicle is both not:
17066 (a) registered in this state; and
17067 (b) used in this state except as necessary to transport the vehicle to the borders of this
17068 state;
17069 (10) (a) amounts paid for an item described in Subsection (10)(b) if:
17070 (i) the item is intended for human use; and
17071 (ii) (A) a prescription was issued for the item; or
17072 (B) the item was purchased by a hospital or other medical facility; and
17073 (b) (i) Subsection (10)(a) applies to:
17074 (A) a drug;
17075 (B) a syringe; or

17076 (C) a stoma supply; and
17077 (ii) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
17078 commission may by rule define the terms:
17079 (A) "syringe"; or
17080 (B) "stoma supply";
17081 (11) sales or use of property, materials, or services used in the construction of or
17082 incorporated in pollution control facilities allowed by Sections 19-2-123 through 19-2-127 ;
17083 (12) (a) sales of an item described in Subsection (12)(c) served by:
17084 (i) the following if the item described in Subsection (12)(c) is not available to the
17085 general public:
17086 (A) a church; or
17087 (B) a charitable institution;
17088 (ii) an institution of higher education if:
17089 (A) the item described in Subsection (12)(c) is not available to the general public; or
17090 (B) the item described in Subsection (12)(c) is prepaid as part of a student meal plan
17091 offered by the institution of higher education; or
17092 (b) sales of an item described in Subsection (12)(c) provided for a patient by:
17093 (i) a medical facility; or
17094 (ii) a nursing facility; and
17095 (c) Subsections (12)(a) and (b) apply to:
17096 (i) food and food ingredients;
17097 (ii) prepared food; or
17098 (iii) alcoholic beverages;
17099 (13) (a) except as provided in Subsection (13)(b), the sale of tangible personal property
17100 by a person:
17101 (i) regardless of the number of transactions involving the sale of that tangible personal
17102 property by that person; and
17103 (ii) not regularly engaged in the business of selling that type of tangible personal
17104 property;
17105 (b) this Subsection (13) does not apply if:
17106 (i) the sale is one of a series of sales of a character to indicate that the person is

17107 regularly engaged in the business of selling that type of tangible personal property;
17108 (ii) the person holds that person out as regularly engaged in the business of selling that
17109 type of tangible personal property;
17110 (iii) the person sells an item of tangible personal property that the person purchased as
17111 a sale that is exempt under Subsection (25); or
17112 (iv) the sale is of a vehicle or vessel required to be titled or registered under the laws of
17113 this state in which case the tax is based upon:
17114 (A) the bill of sale or other written evidence of value of the vehicle or vessel being
17115 sold; or
17116 (B) in the absence of a bill of sale or other written evidence of value, the fair market
17117 value of the vehicle or vessel being sold at the time of the sale as determined by the
17118 commission; and
17119 (c) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
17120 commission shall make rules establishing the circumstances under which:
17121 (i) a person is regularly engaged in the business of selling a type of tangible personal
17122 property;
17123 (ii) a sale of tangible personal property is one of a series of sales of a character to
17124 indicate that a person is regularly engaged in the business of selling that type of tangible
17125 personal property; or
17126 (iii) a person holds that person out as regularly engaged in the business of selling a type
17127 of tangible personal property;
17128 (14) (a) except as provided in Subsection (14)(b), amounts paid or charged on or after
17129 July 1, 2006, for a purchase or lease by a manufacturing facility other than a cogeneration
17130 facility, for the following:
17131 (i) machinery and equipment that:
17132 (A) is used:
17133 (I) for a manufacturing facility other than a manufacturing facility that is a scrap
17134 recycler described in Subsection 59-12-102 (45)(b):
17135 (Aa) in the manufacturing process; and
17136 (Bb) to manufacture an item sold as tangible personal property; or
17137 (II) for a manufacturing facility that is a scrap recycler described in Subsection

17138 59-12-102 (45)(b), to process an item sold as tangible personal property; and
17139 (B) has an economic life of three or more years; and
17140 (ii) normal operating repair or replacement parts that:
17141 (A) have an economic life of three or more years; and
17142 (B) are used:
17143 (I) for a manufacturing facility in the state other than a manufacturing facility that is a
17144 scrap recycler described in Subsection 59-12-102 (45)(b), in the manufacturing process; or
17145 (II) for a manufacturing facility in the state that is a scrap recycler described in
17146 Subsection 59-12-102 (45)(b), to process an item sold as tangible personal property;
17147 (b) (i) amounts paid or charged on or after July 1, 2005, for a purchase or lease by a
17148 manufacturing facility that is a cogeneration facility placed in service on or after May 1, 2006,
17149 for the following:
17150 (A) machinery and equipment that:
17151 (I) is used:
17152 (Aa) in the manufacturing process; and
17153 (Bb) to manufacture an item sold as tangible personal property; and
17154 (II) has an economic life of three or more years; and
17155 (B) normal operating repair or replacement parts that:
17156 (I) are used in the manufacturing process in a manufacturing facility in the state; and
17157 (II) have an economic life of three or more years; and
17158 (ii) for amounts paid or charged on or after July 1, 2005, but on or before June 30,
17159 2006, for a purchase or lease described in Subsection (14)(b)(i), a cogeneration facility may
17160 claim the exemption allowed by Subsection (14)(b)(i) by filing for a refund:
17161 (A) for sales and use taxes paid under this chapter on the purchase or lease payment;
17162 and
17163 (B) in accordance with Section 59-12-110 ;
17164 (c) for purposes of this Subsection (14) and in accordance with Title 63, Chapter 46a,
17165 Utah Administrative Rulemaking Act, the commission:
17166 (i) shall by rule define the term "establishment"; and
17167 (ii) may by rule define what constitutes processing an item sold as tangible personal
17168 property; and

17169 (d) on or before October 1, 1991, and every five years after October 1, 1991, the
17170 commission shall:
17171 (i) review the exemptions described in this Subsection (14) and make
17172 recommendations to the Revenue and Taxation Interim Committee concerning whether the
17173 exemptions should be continued, modified, or repealed; and
17174 (ii) include in its report:
17175 (A) the cost of the exemptions;
17176 (B) the purpose and effectiveness of the exemptions; and
17177 (C) the benefits of the exemptions to the state;
17178 (15) (a) sales of the following if the requirements of Subsection (15)(b) are met:
17179 (i) tooling;
17180 (ii) special tooling;
17181 (iii) support equipment;
17182 (iv) special test equipment; or
17183 (v) parts used in the repairs or renovations of tooling or equipment described in
17184 Subsections (15)(a)(i) through (iv); and
17185 (b) sales of tooling, equipment, or parts described in Subsection (15)(a) are exempt if:
17186 (i) the tooling, equipment, or parts are used or consumed exclusively in the
17187 performance of any aerospace or electronics industry contract with the United States
17188 government or any subcontract under that contract; and
17189 (ii) under the terms of the contract or subcontract described in Subsection (15)(b)(i),
17190 title to the tooling, equipment, or parts is vested in the United States government as evidenced
17191 by:
17192 (A) a government identification tag placed on the tooling, equipment, or parts; or
17193 (B) listing on a government-approved property record if placing a government
17194 identification tag on the tooling, equipment, or parts is impractical;
17195 (16) sales of newspapers or newspaper subscriptions;
17196 (17) (a) except as provided in Subsection (17)(b), tangible personal property traded in
17197 as full or part payment of the purchase price, except that for purposes of calculating sales or use
17198 tax upon vehicles not sold by a vehicle dealer, trade-ins are limited to other vehicles only, and
17199 the tax is based upon:

17200 (i) the bill of sale or other written evidence of value of the vehicle being sold and the
17201 vehicle being traded in; or
17202 (ii) in the absence of a bill of sale or other written evidence of value, the then existing
17203 fair market value of the vehicle being sold and the vehicle being traded in, as determined by the
17204 commission; and
17205 (b) notwithstanding Subsection (17)(a), Subsection (17)(a) does not apply to the
17206 following items of tangible personal property traded in as full or part payment of the purchase
17207 price:
17208 (i) money;
17209 (ii) electricity;
17210 (iii) water;
17211 (iv) gas; or
17212 (v) steam;
17213 (18) (a) (i) except as provided in Subsection (18)(b), sales of tangible personal property
17214 used or consumed primarily and directly in farming operations, regardless of whether the
17215 tangible personal property:
17216 (A) becomes part of real estate; or
17217 (B) is installed by a:
17218 (I) farmer;
17219 (II) contractor; or
17220 (III) subcontractor; or
17221 (ii) sales of parts used in the repairs or renovations of tangible personal property if the
17222 tangible personal property is exempt under Subsection (18)(a)(i); and
17223 (b) notwithstanding Subsection (18)(a), amounts paid or charged for the following
17224 tangible personal property are subject to the taxes imposed by this chapter:
17225 (i) (A) subject to Subsection (18)(b)(i)(B), the following tangible personal property if
17226 the tangible personal property is used in a manner that is incidental to farming:
17227 (I) machinery;
17228 (II) equipment;
17229 (III) materials; or
17230 (IV) supplies; and

17231 (B) tangible personal property that is considered to be used in a manner that is
17232 incidental to farming includes:
17233 (I) hand tools; or
17234 (II) maintenance and janitorial equipment and supplies;
17235 (ii) (A) subject to Subsection (18)(b)(ii)(B), tangible personal property if the tangible
17236 personal property is used in an activity other than farming; and
17237 (B) tangible personal property that is considered to be used in an activity other than
17238 farming includes:
17239 (I) office equipment and supplies; or
17240 (II) equipment and supplies used in:
17241 (Aa) the sale or distribution of farm products;
17242 (Bb) research; or
17243 (Cc) transportation; or
17244 (iii) a vehicle required to be registered by the laws of this state during the period ending
17245 two years after the date of the vehicle's purchase;
17246 (19) sales of hay;
17247 (20) exclusive sale during the harvest season of seasonal crops, seedling plants, or
17248 garden, farm, or other agricultural produce if the seasonal crops are, seedling plants are, or
17249 garden, farm, or other agricultural produce is sold by:
17250 (a) the producer of the seasonal crops, seedling plants, or garden, farm, or other
17251 agricultural produce;
17252 (b) an employee of the producer described in Subsection (20)(a); or
17253 (c) a member of the immediate family of the producer described in Subsection (20)(a);
17254 (21) purchases made using a coupon as defined in 7 U.S.C. Sec. 2012 that is issued
17255 under the Food Stamp Program, 7 U.S.C. Sec. 2011 et seq.;
17256 (22) sales of nonreturnable containers, nonreturnable labels, nonreturnable bags,
17257 nonreturnable shipping cases, and nonreturnable casings to a manufacturer, processor,
17258 wholesaler, or retailer for use in packaging tangible personal property to be sold by that
17259 manufacturer, processor, wholesaler, or retailer;
17260 (23) property stored in the state for resale;
17261 (24) property brought into the state by a nonresident for his or her own personal use or

17262 enjoyment while within the state, except property purchased for use in Utah by a nonresident
17263 living and working in Utah at the time of purchase;
17264 (25) property purchased for resale in this state, in the regular course of business, either
17265 in its original form or as an ingredient or component part of a manufactured or compounded
17266 product;
17267 (26) property upon which a sales or use tax was paid to some other state, or one of its
17268 subdivisions, except that the state shall be paid any difference between the tax paid and the tax
17269 imposed by this part and Part 2, Local Sales and Use Tax Act, and no adjustment is allowed if
17270 the tax paid was greater than the tax imposed by this part and Part 2, Local Sales and Use Tax
17271 Act;
17272 (27) any sale of a service described in Subsections 59-12-103 (1)(b), (c), and (d) to a
17273 person for use in compounding a service taxable under the subsections;
17274 (28) purchases made in accordance with the special supplemental nutrition program for
17275 women, infants, and children established in 42 U.S.C. Sec. 1786;
17276 (29) beginning on July 1, 1999, through June 30, 2014, sales or leases of rolls, rollers,
17277 refractory brick, electric motors, or other replacement parts used in the furnaces, mills, or ovens
17278 of a steel mill described in SIC Code 3312 of the 1987 Standard Industrial Classification
17279 Manual of the federal Executive Office of the President, Office of Management and Budget;
17280 (30) sales of a boat of a type required to be registered under Title 73, Chapter 18, State
17281 Boating Act, a boat trailer, or an outboard motor if the boat, trailer, or outboard motor is both
17282 not:
17283 (a) registered in this state; and
17284 (b) used in this state except as necessary to transport the boat, boat trailer, or outboard
17285 motor to the borders of this state;
17286 (31) sales of aircraft manufactured in Utah if sold for delivery and use outside Utah
17287 where a sales or use tax is not imposed, even if the title is passed in Utah;
17288 (32) amounts paid for the purchase of telephone service for purposes of providing
17289 telephone service;
17290 (33) sales or leases of vehicles to, or use of vehicles by an authorized carrier;
17291 (34) (a) 45% of the sales price of any new manufactured home; and
17292 (b) 100% of the sales price of any used manufactured home;

17293 (35) sales relating to schools and fundraising sales;
17294 (36) sales or rentals of durable medical equipment if:
17295 (a) a person presents a prescription for the durable medical equipment; and
17296 (b) the durable medical equipment is used for home use only;
17297 (37) (a) sales to a ski resort of electricity to operate a passenger ropeway as defined in
17298 Section 72-11-102 ; and
17299 (b) the commission shall by rule determine the method for calculating sales exempt
17300 under Subsection (37)(a) that are not separately metered and accounted for in utility billings;
17301 (38) sales to a ski resort of:
17302 (a) snowmaking equipment;
17303 (b) ski slope grooming equipment;
17304 (c) passenger ropeways as defined in Section 72-11-102 ; or
17305 (d) parts used in the repairs or renovations of equipment or passenger ropeways
17306 described in Subsections (38)(a) through (c);
17307 (39) sales of natural gas, electricity, heat, coal, fuel oil, or other fuels for industrial use;
17308 (40) (a) subject to Subsection (40)(b), sales or rentals of the right to use or operate for
17309 amusement, entertainment, or recreation an unassisted amusement device as defined in Section
17310 59-12-102 ;
17311 (b) if a seller that sells or rents at the same business location the right to use or operate
17312 for amusement, entertainment, or recreation one or more unassisted amusement devices and
17313 one or more assisted amusement devices, the exemption described in Subsection (40)(a) applies
17314 if the seller separately accounts for the sales or rentals of the right to use or operate for
17315 amusement, entertainment, or recreation for the assisted amusement devices; and
17316 (c) for purposes of Subsection (40)(b) and in accordance with Title 63, Chapter 46a,
17317 Utah Administrative Rulemaking Act, the commission may make rules:
17318 (i) governing the circumstances under which sales are at the same business location;
17319 and
17320 (ii) establishing the procedures and requirements for a seller to separately account for
17321 the sales or rentals of the right to use or operate for amusement, entertainment, or recreation for
17322 assisted amusement devices;
17323 (41) sales by the state or a political subdivision of the state, except state institutions of

17324 higher education as defined in Section 53B-3-102 , of:
17325 (a) photocopies; or
17326 (b) other copies of records held or maintained by the state or a political subdivision of
17327 the state;
17328 (42) amounts paid for admission to an athletic event at an institution of higher
17329 education that is subject to the provisions of Title IX of the Education Amendments of 1972,
17330 20 U.S.C. Sec. 1681 et seq.;
17331 (43) sales of telephone service charged to a prepaid telephone calling card;
17332 (44) (a) sales of:
17333 (i) hearing aids;
17334 (ii) hearing aid accessories; or
17335 (iii) except as provided in Subsection (44)(b), parts used in the repairs or renovations
17336 of hearing aids or hearing aid accessories; and
17337 (b) for purposes of this Subsection (44), notwithstanding Subsection (44)(a)(iii),
17338 "parts" does not include batteries;
17339 (45) (a) sales made to or by:
17340 (i) an area agency on aging; or
17341 (ii) a senior citizen center owned by a county, city, or town; or
17342 (b) sales made by a senior citizen center that contracts with an area agency on aging;
17343 (46) sales or leases of semiconductor fabricating, processing, research, or development
17344 materials regardless of whether the semiconductor fabricating, processing, research, or
17345 development materials:
17346 (a) actually come into contact with a semiconductor; or
17347 (b) ultimately become incorporated into real property;
17348 (47) an amount paid by or charged to a purchaser for accommodations and services
17349 described in Subsection 59-12-103 (1)(i) to the extent the amount is exempt under Section
17350 59-12-104.2 ;
17351 (48) beginning on September 1, 2001, the lease or use of a vehicle issued a temporary
17352 sports event registration certificate in accordance with Section 41-3-306 for the event period
17353 specified on the temporary sports event registration certificate;
17354 (49) sales or uses of electricity, if the sales or uses are:

17355 (a) made under a tariff adopted by the Public Service Commission of Utah only for
17356 purchase of electricity produced from a new wind, geothermal, biomass, or solar power energy
17357 source, as designated in the tariff by the Public Service Commission of Utah; and
17358 (b) for an amount of electricity that is:
17359 (i) unrelated to the amount of electricity used by the person purchasing the electricity
17360 under the tariff described in Subsection (49)(a); and
17361 (ii) equivalent to the number of kilowatthours specified in the tariff described in
17362 Subsection (49)(a) that may be purchased under the tariff described in Subsection (49)(a);
17363 (50) sales or rentals of mobility enhancing equipment if a person presents a
17364 prescription for the mobility enhancing equipment;
17365 (51) sales of water in a:
17366 (a) pipe;
17367 (b) conduit;
17368 (c) ditch; or
17369 (d) reservoir;
17370 (52) sales of currency or coinage that constitute legal tender of the United States or of a
17371 foreign nation;
17372 (53) (a) sales of an item described in Subsection (53)(b) if the item:
17373 (i) does not constitute legal tender of any nation; and
17374 (ii) has a gold, silver, or platinum content of 80% or more; and
17375 (b) Subsection (53)(a) applies to a gold, silver, or platinum:
17376 (i) ingot;
17377 (ii) bar;
17378 (iii) medallion; or
17379 (iv) decorative coin;
17380 (54) amounts paid on a sale-leaseback transaction;
17381 (55) sales of a prosthetic device:
17382 (a) for use on or in a human;
17383 (b) for which a prescription is issued; and
17384 (c) to a person that presents a prescription for the prosthetic device;
17385 (56) (a) except as provided in Subsection (56)(b), purchases, leases, or rentals of

17386 machinery or equipment by an establishment described in Subsection (56)(c) if the machinery
17387 or equipment is primarily used in the production or postproduction of the following media for
17388 commercial distribution:
17389 (i) a motion picture;
17390 (ii) a television program;
17391 (iii) a movie made for television;
17392 (iv) a music video;
17393 (v) a commercial;
17394 (vi) a documentary; or
17395 (vii) a medium similar to Subsections (56)(a)(i) through (vi) as determined by the
17396 commission by administrative rule made in accordance with Subsection (56)(d); or
17397 (b) notwithstanding Subsection (56)(a), purchases, leases, or rentals of machinery or
17398 equipment by an establishment described in Subsection (56)(c) that is used for the production
17399 or postproduction of the following are subject to the taxes imposed by this chapter:
17400 (i) a live musical performance;
17401 (ii) a live news program; or
17402 (iii) a live sporting event;
17403 (c) the following establishments listed in the 1997 North American Industry
17404 Classification System of the federal Executive Office of the President, Office of Management
17405 and Budget, apply to Subsections (56)(a) and (b):
17406 (i) NAICS Code 512110; or
17407 (ii) NAICS Code 51219; and
17408 (d) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
17409 commission may by rule:
17410 (i) prescribe what constitutes a medium similar to Subsections (56)(a)(i) through (vi);
17411 or
17412 (ii) define:
17413 (A) "commercial distribution";
17414 (B) "live musical performance";
17415 (C) "live news program"; or
17416 (D) "live sporting event";

17417 (57) (a) leases of seven or more years or purchases made on or after July 1, 2004 but on
17418 or before June 30, 2009, of machinery or equipment that:
17419 (i) is leased or purchased for or by a facility that:
17420 (A) is a renewable energy production facility;
17421 (B) is located in the state; and
17422 (C) (I) becomes operational on or after July 1, 2004; or
17423 (II) has its generation capacity increased by one or more megawatts on or after July 1,
17424 2004 as a result of the use of the machinery or equipment;
17425 (ii) has an economic life of five or more years; and
17426 (iii) is used to make the facility or the increase in capacity of the facility described in
17427 Subsection (57)(a)(i) operational up to the point of interconnection with an existing
17428 transmission grid including:
17429 (A) a wind turbine;
17430 (B) generating equipment;
17431 (C) a control and monitoring system;
17432 (D) a power line;
17433 (E) substation equipment;
17434 (F) lighting;
17435 (G) fencing;
17436 (H) pipes; or
17437 (I) other equipment used for locating a power line or pole; and
17438 (b) this Subsection (57) does not apply to:
17439 (i) machinery or equipment used in construction of:
17440 (A) a new renewable energy production facility; or
17441 (B) the increase in the capacity of a renewable energy production facility;
17442 (ii) contracted services required for construction and routine maintenance activities;
17443 and
17444 (iii) unless the machinery or equipment is used or acquired for an increase in capacity
17445 of the facility described in Subsection (57)(a)(i)(C)(II), machinery or equipment used or
17446 acquired after:
17447 (A) the renewable energy production facility described in Subsection (57)(a)(i) is

17448 operational as described in Subsection (57)(a)(iii); or
17449 (B) the increased capacity described in Subsection (57)(a)(i) is operational as described
17450 in Subsection (57)(a)(iii);
17451 (58) (a) leases of seven or more years or purchases made on or after July 1, 2004 but on
17452 or before June 30, 2009, of machinery or equipment that:
17453 (i) is leased or purchased for or by a facility that:
17454 (A) is a waste energy production facility;
17455 (B) is located in the state; and
17456 (C) (I) becomes operational on or after July 1, 2004; or
17457 (II) has its generation capacity increased by one or more megawatts on or after July 1,
17458 2004 as a result of the use of the machinery or equipment;
17459 (ii) has an economic life of five or more years; and
17460 (iii) is used to make the facility or the increase in capacity of the facility described in
17461 Subsection (58)(a)(i) operational up to the point of interconnection with an existing
17462 transmission grid including:
17463 (A) generating equipment;
17464 (B) a control and monitoring system;
17465 (C) a power line;
17466 (D) substation equipment;
17467 (E) lighting;
17468 (F) fencing;
17469 (G) pipes; or
17470 (H) other equipment used for locating a power line or pole; and
17471 (b) this Subsection (58) does not apply to:
17472 (i) machinery or equipment used in construction of:
17473 (A) a new waste energy facility; or
17474 (B) the increase in the capacity of a waste energy facility;
17475 (ii) contracted services required for construction and routine maintenance activities;
17476 and
17477 (iii) unless the machinery or equipment is used or acquired for an increase in capacity
17478 described in Subsection (58)(a)(i)(C)(II), machinery or equipment used or acquired after:

17479 (A) the waste energy facility described in Subsection (58)(a)(i) is operational as
17480 described in Subsection (58)(a)(iii); or
17481 (B) the increased capacity described in Subsection (58)(a)(i) is operational as described
17482 in Subsection (58)(a)(iii);
17483 (59) (a) leases of five or more years or purchases made on or after July 1, 2004 but on
17484 or before June 30, 2009, of machinery or equipment that:
17485 (i) is leased or purchased for or by a facility that:
17486 (A) is located in the state;
17487 (B) produces fuel from biomass energy including:
17488 (I) methanol; or
17489 (II) ethanol; and
17490 (C) (I) becomes operational on or after July 1, 2004; or
17491 (II) has its capacity to produce fuel increase by 25% or more on or after July 1, 2004 as
17492 a result of the installation of the machinery or equipment;
17493 (ii) has an economic life of five or more years; and
17494 (iii) is installed on the facility described in Subsection (59)(a)(i);
17495 (b) this Subsection (59) does not apply to:
17496 (i) machinery or equipment used in construction of:
17497 (A) a new facility described in Subsection (59)(a)(i); or
17498 (B) the increase in capacity of the facility described in Subsection (59)(a)(i); or
17499 (ii) contracted services required for construction and routine maintenance activities;
17500 and
17501 (iii) unless the machinery or equipment is used or acquired for an increase in capacity
17502 described in Subsection (59)(a)(i)(C)(II), machinery or equipment used or acquired after:
17503 (A) the facility described in Subsection (59)(a)(i) is operational; or
17504 (B) the increased capacity described in Subsection (59)(a)(i) is operational;
17505 (60) amounts paid to a purchaser as a rebate from the manufacturer of a new vehicle for
17506 purchasing the new vehicle;
17507 (61) (a) subject to Subsection (61)(b), sales of tangible personal property to persons
17508 within this state that is subsequently shipped outside the state and incorporated pursuant to
17509 contract into and becomes a part of real property located outside of this state, except to the

17510 extent that the other state or political entity imposes a sales, use, gross receipts, or other similar
17511 transaction excise tax on it against which the other state or political entity allows a credit for
17512 taxes imposed by this chapter; and
17513 (b) the exemption provided for in Subsection (61)(a):
17514 (i) is allowed only if the exemption is applied:
17515 (A) in calculating the purchase price of the tangible personal property; and
17516 (B) to a written contract that is in effect on July 1, 2004; and
17517 (ii) (A) does not apply beginning on the day on which the contract described in
17518 Subsection (61)(b)(i):
17519 (I) is substantially modified; or
17520 (II) terminates; and
17521 (B) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
17522 the commission may by rule prescribe the circumstances under which a contract is substantially
17523 modified;
17524 (62) purchases:
17525 (a) of one or more of the following items in printed or electronic format:
17526 (i) a list containing information that includes one or more:
17527 (A) names; or
17528 (B) addresses; or
17529 (ii) a database containing information that includes one or more:
17530 (A) names; or
17531 (B) addresses; and
17532 (b) used to send direct mail;
17533 (63) redemptions or repurchases of property by a person if that property was:
17534 (a) delivered to a pawnbroker as part of a pawn transaction; and
17535 (b) redeemed or repurchased within the time period established in a written agreement
17536 between the person and the pawnbroker for redeeming or repurchasing the property;
17537 (64) (a) purchases or leases of an item described in Subsection (64)(b) if the item:
17538 (i) is purchased or leased by, or on behalf of, a telephone service provider; and
17539 (ii) has a useful economic life of one or more years; and
17540 (b) the following apply to Subsection (64)(a):

17541 (i) telecommunications enabling or facilitating equipment, machinery, or software;
17542 (ii) telecommunications equipment, machinery, or software required for 911 service;
17543 (iii) telecommunications maintenance or repair equipment, machinery, or software;
17544 (iv) telecommunications switching or routing equipment, machinery, or software; or
17545 (v) telecommunications transmission equipment, machinery, or software; [and]
17546 (65) (a) beginning on July 1, 2006 and ending on June 30, 2016, purchases of tangible
17547 personal property used in the research and development of coal-to-liquids, oil shale, or tar
17548 sands technology; and
17549 (b) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
17550 commission may, for purposes of Subsection (65)(a), make rules defining what constitutes
17551 tangible personal property used in the research and development of coal-to-liquids, oil shale,
17552 and tar sands technology[.]; and
17553 (66) sales to a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit
17554 District Act, or to a subcontractor of a public transit district, including sales of construction
17555 materials that are to be installed or converted to real property owned by the public transit
17556 district.
17557 Section 423. Section 59-12-501 is amended to read:
17558 59-12-501. Public transit tax -- Base -- Rate -- Voter approval.
17559 (1) (a) (i) In addition to other sales and use taxes, any county, city, or town within a
17560 transit district organized under Title [17A] 17B, Chapter [2] 2a, Part [10, Utah] 8, Public
17561 Transit District Act, may impose a sales and use tax of up to .25% on the transactions described
17562 in Subsection 59-12-103 (1) located within the county, city, or town, to fund a public
17563 transportation system.
17564 (ii) Notwithstanding Subsection (1)(a)(i), a county, city, or town may not impose a tax
17565 under this section on:
17566 (A) the sales and uses described in Section 59-12-104 to the extent the sales and uses
17567 are exempt from taxation under Section 59-12-104 ; and
17568 (B) any amounts paid or charged by a seller that collects a tax under Subsection
17569 59-12-107 (1)(b).
17570 (b) For purposes of this Subsection (1), the location of a transaction shall be
17571 determined in accordance with Section 59-12-207 .

17572 (c) (i) A county, city, or town may impose a tax under this section only if the governing
17573 body of the county, city, or town, by resolution, submits the proposal to all the qualified voters
17574 within the county, city, or town for approval at a general or special election conducted in the
17575 manner provided by statute.
17576 (ii) An election under Subsection [ 17B-2-512 ] 17B-1-412 (3)(a)(ii) approving the
17577 annexation of an area to a public transit district or local district and approving for that annexed
17578 area the sales and use tax authorized by this section satisfies the election requirement of
17579 Subsection (1)(c)(i) for the area to be annexed to the public transit district or local district.
17580 (2) (a) If only a portion of a county is included within a public transit district, the
17581 proposal may be submitted only to the qualified voters residing within the boundaries of the
17582 proposed or existing public transit district.
17583 (b) Notice of any such election shall be given by the county, city, or town governing
17584 body 15 days in advance in the manner prescribed by statute.
17585 (c) If a majority of the voters voting in such election approve the proposal, it shall
17586 become effective on the date provided by the county, city, or town governing body.
17587 (3) This section may not be construed to require an election in jurisdictions where
17588 voters have previously approved a public transit sales or use tax.
17589 Section 424. Section 59-12-502 is amended to read:
17590 59-12-502. Additional public transit tax for expanded system and fixed guideway
17591 and interstate improvements -- Base -- Rate -- Voter approval.
17592 (1) (a) (i) In addition to other sales and use taxes, including the public transit district tax
17593 authorized by Section 59-12-501 , a county, city, or town within a transit district organized
17594 under Title [17A] 17B, Chapter [2] 2a, Part [10, Utah] 8, Public Transit District Act, may
17595 impose a sales and use tax of .25% on the transactions described in Subsection 59-12-103 (1)
17596 located within the county, city, or town, to fund a fixed guideway and expanded public
17597 transportation system.
17598 (ii) Notwithstanding Subsection (1)(a)(i), a county, city, or town may not impose a tax
17599 under this section on:
17600 (A) the sales and uses described in Section 59-12-104 to the extent the sales and uses
17601 are exempt from taxation under Section 59-12-104 ; and
17602 (B) any amounts paid or charged by a seller that collects a tax under Subsection

17603 59-12-107 (1)(b).
17604 (b) For purposes of this Subsection (1), the location of a transaction shall be
17605 determined in accordance with Section 59-12-207 .
17606 (c) (i) A county, city, or town may impose the tax under this section only if the
17607 governing body of the county, city, or town submits, by resolution, the proposal to all the
17608 qualified voters within the county, city, or town for approval at a general or special election
17609 conducted in the manner provided by statute.
17610 (ii) Notice of the election under Subsection (1)(c)(i) shall be given by the county, city,
17611 or town governing body 15 days in advance in the manner prescribed by statute.
17612 (2) If the majority of the voters voting in this election approve the proposal, it shall
17613 become effective on the date provided by the county, city, or town governing body.
17614 (3) (a) This section may not be construed to require an election in jurisdictions where
17615 voters have previously approved a public transit sales or use tax.
17616 (b) This section shall be construed to require an election to impose the sales and use
17617 tax authorized by this section, including jurisdictions where the voters have previously
17618 approved the sales and use tax authorized by Section 59-12-501 , but this section may not be
17619 construed to affect the sales and use tax authorized by Section 59-12-501 .
17620 (4) No public funds shall be spent to promote the required election.
17621 (5) (a) Notwithstanding the designated use of revenues in Subsection (1), of the
17622 revenues generated by the tax imposed under this section by any county of the first class:
17623 (i) 75% shall be allocated to fund a fixed guideway and expanded public transportation
17624 system; and
17625 (ii) except as provided in Subsection (5)(b), 25% shall be allocated to fund new
17626 construction, major renovations, and improvements to Interstate 15 and state highways within
17627 the county and to pay any debt service and bond issuance costs related to those projects.
17628 (b) Notwithstanding the designated use of revenues in Subsection (1), beginning on
17629 July 1, 2006, and ending on July 1, 2007, a county of the first class may expend an amount not
17630 to exceed $3,500,000 of the revenues described in Subsection (5)(a)(ii) for expenses relating to
17631 reconfiguring railroad curves within that county to reduce rail congestion.
17632 (6) A county of the first class may, through an interlocal agreement, authorize the
17633 deposit or transfer of the portion of the revenues described in Subsection (5)(a)(ii) to the Public

17634 Transportation System Tax Highway Fund created in Section 72-2-121 .
17635 Section 425. Section 59-12-1001 is amended to read:
17636 59-12-1001. Authority to impose tax for highways or to fund a system for public
17637 transit -- Base -- Rate -- Ordinance requirements -- Voter approval requirements --
17638 Election requirements -- Notice of election requirements -- Exceptions to voter approval
17639 requirements -- Enactment or repeal of tax -- Effective date -- Notice requirements.
17640 (1) (a) A city or town in which the transactions described in Subsection 59-12-103 (1)
17641 are not subject to a sales and use tax under Section 59-12-501 may as provided in this part
17642 impose a sales and use tax of .25% on the transactions described in Subsection 59-12-103 (1)
17643 located within the city or town.
17644 (b) Notwithstanding Subsection (1)(a), a city or town may not impose a tax under this
17645 section on:
17646 (i) the sales and uses described in Section 59-12-104 to the extent the sales and uses are
17647 exempt from taxation under Section 59-12-104 ; and
17648 (ii) any amounts paid or charged by a seller that collects a tax under Subsection
17649 59-12-107 (1)(b).
17650 (c) For purposes of this Subsection (1), the location of a transaction shall be
17651 determined in accordance with Section 59-12-207 .
17652 (2) (a) A city or town imposing a tax under this part may use the revenues generated by
17653 the tax:
17654 (i) for the construction and maintenance of highways under the jurisdiction of the city
17655 or town imposing the tax;
17656 (ii) subject to Subsection (2)(b), to fund a system for public transit; or
17657 (iii) for a combination of the purposes described in Subsections (2)(a)(i) and (ii).
17658 (b) (i) For purposes of Subsection (2)(a)(ii) and except as provided in Subsection
17659 (2)(b)(ii), "public transit" is as defined in Section [ 17A-2-1004 ] 17B-2a-802 .
17660 (ii) Notwithstanding Subsection (2)(b)(i), "public transit" does not include a fixed
17661 guideway system.
17662 (3) To impose a tax under this part, the governing body of the city or town shall:
17663 (a) pass an ordinance approving the tax; and
17664 (b) except as provided in Subsection (7), obtain voter approval for the tax as provided

17665 in Subsection (4).
17666 (4) To obtain voter approval for a tax under Subsection (3)(b), a city or town shall:
17667 (a) hold an election during:
17668 (i) a regular general election; or
17669 (ii) a municipal general election; and
17670 (b) publish notice of the election:
17671 (i) 15 days or more before the day on which the election is held; and
17672 (ii) in a newspaper of general circulation in the city or town.
17673 (5) An ordinance approving a tax under this part shall provide an effective date for the
17674 tax as provided in Subsection (6).
17675 (6) (a) For purposes of this Subsection (6):
17676 (i) "Annexation" means an annexation to a city or town under Title 10, Chapter 2, Part
17677 4, Annexation.
17678 (ii) "Annexing area" means an area that is annexed into a city or town.
17679 (b) (i) Except as provided in Subsection (6)(c) or (d), if, on or after July 1, 2004, a city
17680 or town enacts or repeals a tax under this part, the enactment or repeal shall take effect:
17681 (A) on the first day of a calendar quarter; and
17682 (B) after a 90-day period beginning on the date the commission receives notice meeting
17683 the requirements of Subsection (6)(b)(ii) from the city or town.
17684 (ii) The notice described in Subsection (6)(b)(i)(B) shall state:
17685 (A) that the city or town will enact or repeal a tax under this part;
17686 (B) the statutory authority for the tax described in Subsection (6)(b)(ii)(A);
17687 (C) the effective date of the tax described in Subsection (6)(b)(ii)(A); and
17688 (D) if the city or town enacts the tax described in Subsection (6)(b)(ii)(A), the rate of
17689 the tax.
17690 (c) (i) Notwithstanding Subsection (6)(b)(i), for a transaction described in Subsection
17691 (6)(c)(iii), the enactment of a tax shall take effect on the first day of the first billing period:
17692 (A) that begins after the effective date of the enactment of the tax; and
17693 (B) if the billing period for the transaction begins before the effective date of the
17694 enactment of the tax under Subsection (1).
17695 (ii) Notwithstanding Subsection (6)(b)(i), for a transaction described in Subsection

17696 (6)(c)(iii), the repeal of a tax shall take effect on the first day of the last billing period:
17697 (A) that began before the effective date of the repeal of the tax; and
17698 (B) if the billing period for the transaction begins before the effective date of the repeal
17699 of the tax imposed under Subsection (1).
17700 (iii) Subsections (6)(c)(i) and (ii) apply to transactions subject to a tax under:
17701 (A) Subsection 59-12-103 (1)(b);
17702 (B) Subsection 59-12-103 (1)(c);
17703 (C) Subsection 59-12-103 (1)(d);
17704 (D) Subsection 59-12-103 (1)(e);
17705 (E) Subsection 59-12-103 (1)(f);
17706 (F) Subsection 59-12-103 (1)(g);
17707 (G) Subsection 59-12-103 (1)(h);
17708 (H) Subsection 59-12-103 (1)(i);
17709 (I) Subsection 59-12-103 (1)(j); or
17710 (J) Subsection 59-12-103 (1)(k).
17711 (d) (i) Notwithstanding Subsection (6)(b)(i), if a tax due under this chapter on a
17712 catalogue sale is computed on the basis of sales and use tax rates published in the catalogue, an
17713 enactment or repeal of a tax described in Subsection (6)(b)(i) takes effect:
17714 (A) on the first day of a calendar quarter; and
17715 (B) beginning 60 days after the effective date of the enactment or repeal under
17716 Subsection (6)(b)(i).
17717 (ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
17718 commission may by rule define the term "catalogue sale."
17719 (e) (i) Except as provided in Subsection (6)(f) or (g), if, for an annexation that occurs
17720 on or after July 1, 2004, the annexation will result in the enactment or repeal of a tax under this
17721 part for an annexing area, the enactment or repeal shall take effect:
17722 (A) on the first day of a calendar quarter; and
17723 (B) after a 90-day period beginning on the date the commission receives notice meeting
17724 the requirements of Subsection (6)(e)(ii) from the city or town that annexes the annexing area.
17725 (ii) The notice described in Subsection (6)(e)(i)(B) shall state:
17726 (A) that the annexation described in Subsection (6)(e)(i) will result in an enactment or

17727 repeal of a tax under this part for the annexing area;
17728 (B) the statutory authority for the tax described in Subsection (6)(e)(ii)(A);
17729 (C) the effective date of the tax described in Subsection (6)(e)(ii)(A); and
17730 (D) the rate of the tax described in Subsection (6)(e)(ii)(A).
17731 (f) (i) Notwithstanding Subsection (6)(e)(i), for a transaction described in Subsection
17732 (6)(f)(iii), the enactment of a tax shall take effect on the first day of the first billing period:
17733 (A) that begins after the effective date of the enactment of the tax; and
17734 (B) if the billing period for the transaction begins before the effective date of the
17735 enactment of the tax under Subsection (1).
17736 (ii) Notwithstanding Subsection (6)(e)(i), for a transaction described in Subsection
17737 (6)(f)(iii), the repeal of a tax shall take effect on the first day of the last billing period:
17738 (A) that began before the effective date of the repeal of the tax; and
17739 (B) if the billing period for the transaction begins before the effective date of the repeal
17740 of the tax imposed under Subsection (1).
17741 (iii) Subsections (6)(f)(i) and (ii) apply to transactions subject to a tax under:
17742 (A) Subsection 59-12-103 (1)(b);
17743 (B) Subsection 59-12-103 (1)(c);
17744 (C) Subsection 59-12-103 (1)(d);
17745 (D) Subsection 59-12-103 (1)(e);
17746 (E) Subsection 59-12-103 (1)(f);
17747 (F) Subsection 59-12-103 (1)(g);
17748 (G) Subsection 59-12-103 (1)(h);
17749 (H) Subsection 59-12-103 (1)(i);
17750 (I) Subsection 59-12-103 (1)(j); or
17751 (J) Subsection 59-12-103 (1)(k).
17752 (g) (i) Notwithstanding Subsection (6)(e)(i), if a tax due under this chapter on a
17753 catalogue sale is computed on the basis of sales and use tax rates published in the catalogue, an
17754 enactment or repeal of a tax described in Subsection (6)(e)(i) takes effect:
17755 (A) on the first day of a calendar quarter; and
17756 (B) beginning 60 days after the effective date of the enactment or repeal under
17757 Subsection (6)(e)(i).

17758 (ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
17759 commission may by rule define the term "catalogue sale."
17760 (7) (a) Except as provided in Subsection (7)(b), a city or town is not subject to the voter
17761 approval requirements of Subsection (3)(b) if:
17762 (i) on or before January 1, 1996, the city or town imposed a license fee or tax on
17763 businesses based on gross receipts pursuant to Section 10-1-203 ; or
17764 (ii) the city or town:
17765 (A) on or before June 30, 2002, obtained voter approval in accordance with Subsection
17766 (3)(b) to impose a tax under this part for a purpose described in Subsection (2)(a)(i); and
17767 (B) on or after July 1, 2002, uses the revenues generated by a tax under this part for a
17768 purpose described in Subsection (2)(a).
17769 (b) Notwithstanding Subsection (7)(a), the exception from the voter approval
17770 requirements in Subsection (7)(a)(i) does not apply to a city or town that, on or before January
17771 1, 1996, imposed a license fee or tax on only one class of businesses based on gross receipts
17772 pursuant to Section 10-1-203 .
17773 Section 426. Section 59-12-1502 is amended to read:
17774 59-12-1502. Definitions.
17775 As used in this part:
17776 (1) "Annexation" means an annexation to a county under Title 17, Chapter 2,
17777 Annexation to County.
17778 (2) "Annexing area" means an area that is annexed into a county.
17779 (3) "Qualifying county" means a county in which a sales and use tax authorized by
17780 Section 59-12-502 is not imposed by:
17781 (a) the county;
17782 (b) a city within the county; or
17783 (c) a town within the county.
17784 (4) "State highway" means a highway designated as a state highway under Title 72,
17785 Chapter 4, Designation of State Highways Act.
17786 (5) (a) Except as provided in Subsection (5)(b), "public transit" is as defined in Section
17787 [ 17A-2-1004 ] 17B-2a-802 .
17788 (b) Notwithstanding Subsection (5)(a), "public transit" does not include a fixed

17789 guideway system.
17790 Section 427. Section 59-12-1503 is amended to read:
17791 59-12-1503. Opinion question election -- Base -- Rate -- Imposition of tax -- Use of
17792 tax revenues -- Administration, collection, and enforcement of tax by commission --
17793 Administrative fee -- Enactment or repeal of tax -- Annexation -- Notice.
17794 (1) (a) Beginning on or after April 1, 2004, and subject to the other provisions of this
17795 part, the county legislative body of a qualifying county may impose a sales and use tax of .25%:
17796 (i) on the transactions:
17797 (A) described in Subsection 59-12-103 (1); and
17798 (B) within the county, including the cities and towns within the county;
17799 (ii) for the purposes determined by the county legislative body in accordance with
17800 Subsection (2); and
17801 (iii) in addition to any other sales and use tax authorized under this chapter.
17802 (b) Notwithstanding Subsection (1)(a)(i), a county legislative body may not impose a
17803 tax under this section on:
17804 (i) the sales and uses described in Section 59-12-104 to the extent the sales and uses are
17805 exempt from taxation under Section 59-12-104 ; or
17806 (ii) any amounts paid or charged by a seller that collects a tax under Subsection
17807 59-12-107 (1)(b).
17808 (c) For purposes of this Subsection (1), the location of a transaction shall be
17809 determined in accordance with Section 59-12-207 .
17810 (2) (a) Subject to Subsection (2)(b), before obtaining the approval required by
17811 Subsection (3), a county legislative body shall adopt a resolution specifying the percentage of
17812 revenues the county will receive from the tax under this part that will be allocated to fund one
17813 or more of the following:
17814 (i) a project or service relating to a fixed guideway system:
17815 (A) for the portion of the project or service that is performed within the county; and
17816 (B) if the fixed guideway system is owned and operated by a public transit district
17817 organized under Title [17A] 17B, Chapter [2] 2a, Part [10, Utah] 8, Public Transit District Act;
17818 (ii) a project or service relating to a system for public transit:
17819 (A) for the portion of the project or service that is performed within the county; and

17820 (B) if the system for public transit is owned and operated by a public transit district
17821 organized under Title [17A] 17B, Chapter [2] 2a, Part [10, Utah] 8, Public Transit District Act;
17822 or
17823 (iii) the following relating to a state highway within the county:
17824 (A) a project beginning on or after the day on which a county legislative body imposes
17825 a tax under this part only within the county involving:
17826 (I) new construction;
17827 (II) a renovation;
17828 (III) an improvement; or
17829 (IV) an environmental study;
17830 (B) debt service on a project described in Subsections (2)(a)(iii)(A)(I) through (IV); or
17831 (C) bond issuance costs relating to a project described in Subsections (2)(a)(iii)(A)(I)
17832 through (IV).
17833 (b) (i) A county legislative body shall in the resolution required by Subsection (2)(a)
17834 allocate as required by Subsection (2)(a) 100% of the revenues the county will receive from the
17835 tax under this part.
17836 (ii) For purposes of this Subsection (2)(b), the revenues a county will receive from the
17837 tax under this part do not include amounts retained by the commission in accordance with
17838 Subsection (8).
17839 (3) (a) Before imposing a tax under this part, a county legislative body shall:
17840 (i) obtain approval from a majority of the members of the county legislative body to:
17841 (A) impose the tax; and
17842 (B) allocate the revenues the county will receive from the tax in accordance with the
17843 resolution adopted in accordance with Subsection (2); and
17844 (ii) subject to Subsection (3)(b), submit an opinion question to the county's registered
17845 voters voting on the imposition of the tax so that each registered voter has the opportunity to
17846 express the registered voter's opinion on whether a tax should be imposed under this part.
17847 (b) The opinion question required by Subsection (3)(a)(ii) shall state the allocations
17848 specified in the resolution:
17849 (i) adopted in accordance with Subsection (2); and
17850 (ii) approved by the county legislative body in accordance with Subsection (3)(a).

17851 (c) The election required by this Subsection (3) shall be held:
17852 (i) (A) at a regular general election; and
17853 (B) in accordance with the procedures and requirements of Title 20A, Election Code,
17854 governing regular general elections; or
17855 (ii) (A) at a special election called by the county legislative body;
17856 (B) only on the date of a municipal general election provided in Subsection
17857 20A-1-202 (1); and
17858 (C) in accordance with the procedures and requirements of Section 20A-1-203 .
17859 (4) (a) Subject to Subsection (8), if a county legislative body determines that a majority
17860 of the county's registered voters voting on the imposition of the tax have voted in favor of the
17861 imposition of the tax in accordance with Subsection (3), the county legislative body may
17862 impose the tax by a majority vote of all of the members of the county legislative body.
17863 (b) If a county legislative body imposes a tax under Subsection (4)(a), the revenues
17864 generated by the tax shall be:
17865 (i) allocated in accordance with the allocations specified in the resolution under
17866 Subsection (2); and
17867 (ii) expended as provided in this part.
17868 (5) If a county legislative body allocates revenues generated by the tax for a project
17869 described in Subsection (2)(a)(iii)(A), before beginning the project the county legislative body
17870 shall:
17871 (a) obtain approval from the Transportation Commission to complete the project; and
17872 (b) enter into an interlocal agreement:
17873 (i) established in accordance with Title 11, Chapter 13, Interlocal Cooperation Act;
17874 (ii) with the Department of Transportation; and
17875 (iii) to complete the project.
17876 (6) (a) If after a county legislative body imposes a tax under Subsection (4) the county
17877 legislative body seeks to change the allocation of the tax specified in the resolution under
17878 Subsection (2), the county legislative body may change the allocation of the tax by:
17879 (i) adopting a resolution in accordance with Subsection (2) specifying the percentage of
17880 revenues the county will receive from the tax under this part that will be allocated to fund one
17881 or more of the systems or projects described in Subsection (2);

17882 (ii) obtaining approval to change the allocation of the tax from a majority of the
17883 members of the county legislative body; and
17884 (iii) (A) submitting an opinion question to the county's registered voters voting on
17885 changing the allocation of the tax so that each registered voter has the opportunity to express
17886 the registered voter's opinion on whether the allocation of the tax should be changed; and
17887 (B) obtaining approval to change the allocation of the tax from a majority of the
17888 county's registered voters voting on changing the allocation of the tax.
17889 (b) (i) The opinion question required by Subsection (6)(a)(iii) shall state the allocations
17890 specified in the resolution:
17891 (A) adopted in accordance with Subsection (6)(a)(i); and
17892 (B) approved by the county legislative body in accordance with Subsection (6)(a)(ii).
17893 (ii) The election required by Subsection (6)(a)(iii) shall follow the procedures and
17894 requirements of Title 11, Chapter 14, Local Government Bonding Act.
17895 (7) (a) (i) Except as provided in Subsection (7)(a)(ii), revenues generated by a tax
17896 under this part that are allocated for a purpose described in Subsection (2)(a)(i) or (ii) shall be
17897 transmitted:
17898 (A) by the commission;
17899 (B) to the county;
17900 (C) monthly; and
17901 (D) by electronic funds transfer.
17902 (ii) Notwithstanding Subsection (7)(a)(i), a county may request that the commission
17903 transfer the revenues described in Subsection (7)(a)(i):
17904 (A) directly to a public transit district:
17905 (I) organized under Title [17A] 17B, Chapter [2] 2a, Part [10, Utah] 8, Public Transit
17906 District Act; and
17907 (II) designated by the county; and
17908 (B) by providing written notice to the commission:
17909 (I) requesting the revenues to be transferred directly to a public transit district as
17910 provided in Subsection (7)(a)(ii)(A); and
17911 (II) designating the public transit district to which the revenues are requested to be
17912 transferred.

17913 (b) Revenues generated by a tax under this part that are allocated for a purpose
17914 described in Subsection (2)(a)(iii) shall be:
17915 (i) deposited into the State Highway Projects Within Counties Fund created by Section
17916 72-2-121.1 ; and
17917 (ii) expended as provided in Section 72-2-121.1 .
17918 (8) (a) (i) Except as provided in Subsection (8)(a)(ii), the tax authorized under this part
17919 shall be administered, collected, and enforced in accordance with:
17920 (A) the same procedures used to administer, collect, and enforce the tax under:
17921 (I) Part 1, Tax Collection; or
17922 (II) Part 2, Local Sales and Use Tax Act; and
17923 (B) Chapter 1, General Taxation Policies.
17924 (ii) Notwithstanding Subsection (8)(a)(i), a tax under this part is not subject to
17925 Subsections 59-12-205 (2) through (7).
17926 (b) (i) The commission may retain an amount of tax collected under this part of not to
17927 exceed the lesser of:
17928 (A) 1.5%; or
17929 (B) an amount equal to the cost to the commission of administering this part.
17930 (ii) Any amount the commission retains under Subsection (8)(b)(i) shall be:
17931 (A) placed in the Sales and Use Tax Administrative Fees Account; and
17932 (B) used as provided in Subsection 59-12-206 (2).
17933 (9) (a) (i) Except as provided in Subsection (9)(b) or (c), if, on or after July 1, 2004, a
17934 county enacts or repeals a tax under this part, the enactment or repeal shall take effect:
17935 (A) on the first day of a calendar quarter; and
17936 (B) after a 90-day period beginning on the date the commission receives notice meeting
17937 the requirements of Subsection (9)(a)(ii) from the county.
17938 (ii) The notice described in Subsection (9)(a)(i)(B) shall state:
17939 (A) that the county will enact or repeal a tax under this part;
17940 (B) the statutory authority for the tax described in Subsection (9)(a)(ii)(A);
17941 (C) the effective date of the tax described in Subsection (9)(a)(ii)(A); and
17942 (D) if the county enacts the tax described in Subsection (9)(a)(ii)(A), the rate of the tax.
17943 (b) (i) Notwithstanding Subsection (9)(a)(i), for a transaction described in Subsection

17944 (9)(b)(iii), the enactment of a tax shall take effect on the first day of the first billing period:
17945 (A) that begins after the effective date of the enactment of the tax; and
17946 (B) if the billing period for the transaction begins before the effective date of the
17947 enactment of the tax under Subsection (1).
17948 (ii) Notwithstanding Subsection (9)(a)(i), for a transaction described in Subsection
17949 (9)(b)(iii), the repeal of a tax shall take effect on the first day of the last billing period:
17950 (A) that began before the effective date of the repeal of the tax; and
17951 (B) if the billing period for the transaction begins before the effective date of the repeal
17952 of the tax imposed under Subsection (1).
17953 (iii) Subsections (9)(b)(i) and (ii) apply to transactions subject to a tax under:
17954 (A) Subsection 59-12-103 (1)(b);
17955 (B) Subsection 59-12-103 (1)(c);
17956 (C) Subsection 59-12-103 (1)(d);
17957 (D) Subsection 59-12-103 (1)(e);
17958 (E) Subsection 59-12-103 (1)(f);
17959 (F) Subsection 59-12-103 (1)(g);
17960 (G) Subsection 59-12-103 (1)(h);
17961 (H) Subsection 59-12-103 (1)(i);
17962 (I) Subsection 59-12-103 (1)(j); or
17963 (J) Subsection 59-12-103 (1)(k).
17964 (c) (i) Notwithstanding Subsection (9)(a)(i), if a tax due under this chapter on a
17965 catalogue sale is computed on the basis of sales and use tax rates published in the catalogue, an
17966 enactment or repeal of a tax described in Subsection (9)(a)(i) takes effect:
17967 (A) on the first day of a calendar quarter; and
17968 (B) beginning 60 days after the effective date of the enactment or repeal under
17969 Subsection (9)(a)(i).
17970 (ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
17971 commission may by rule define the term "catalogue sale."
17972 (d) (i) Except as provided in Subsection (9)(e) or (f), if, for an annexation that occurs
17973 on or after July 1, 2004, the annexation will result in the enactment or repeal of a tax under this
17974 part for an annexing area, the enactment or repeal shall take effect:

17975 (A) on the first day of a calendar quarter; and
17976 (B) after a 90-day period beginning on the date the commission receives notice meeting
17977 the requirements of Subsection (9)(d)(ii) from the county that annexes the annexing area.
17978 (ii) The notice described in Subsection (9)(d)(i)(B) shall state:
17979 (A) that the annexation described in Subsection (9)(d)(i)(B) will result in an enactment
17980 or repeal of a tax under this part for the annexing area;
17981 (B) the statutory authority for the tax described in Subsection (9)(d)(ii)(A);
17982 (C) the effective date of the tax described in Subsection (9)(d)(ii)(A); and
17983 (D) the rate of the tax described in Subsection (9)(d)(ii)(A).
17984 (e) (i) Notwithstanding Subsection (9)(d)(i), for a transaction described in Subsection
17985 (9)(e)(iii), the enactment of a tax shall take effect on the first day of the first billing period:
17986 (A) that begins after the effective date of the enactment of the tax; and
17987 (B) if the billing period for the transaction begins before the effective date of the
17988 enactment of the tax under Subsection (1).
17989 (ii) Notwithstanding Subsection (9)(d)(i), for a transaction described in Subsection
17990 (9)(e)(iii), the repeal of a tax shall take effect on the first day of the last billing period:
17991 (A) that began before the effective date of the repeal of the tax; and
17992 (B) if the billing period for the transaction begins before the effective date of the repeal
17993 of the tax imposed under Subsection (1).
17994 (iii) Subsections (9)(e)(i) and (ii) apply to transactions subject to a tax under:
17995 (A) Subsection 59-12-103 (1)(b);
17996 (B) Subsection 59-12-103 (1)(c);
17997 (C) Subsection 59-12-103 (1)(d);
17998 (D) Subsection 59-12-103 (1)(e);
17999 (E) Subsection 59-12-103 (1)(f);
18000 (F) Subsection 59-12-103 (1)(g);
18001 (G) Subsection 59-12-103 (1)(h);
18002 (H) Subsection 59-12-103 (1)(i);
18003 (I) Subsection 59-12-103 (1)(j); or
18004 (J) Subsection 59-12-103 (1)(k).
18005 (f) (i) Notwithstanding Subsection (9)(d)(i), if a tax due under this chapter on a

18006 catalogue sale is computed on the basis of sales and use tax rates published in the catalogue, an
18007 enactment or repeal of a tax described in Subsection (9)(d)(i) takes effect:
18008 (A) on the first day of a calendar quarter; and
18009 (B) beginning 60 days after the effective date of the enactment or repeal under
18010 Subsection (9)(d)(i).
18011 (ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
18012 commission may by rule define the term "catalogue sale."
18013 Section 428. Section 59-12-1703 is amended to read:
18014 59-12-1703. Opinion question election -- Base -- Rate -- Imposition of tax -- Use of
18015 tax revenues -- Administration, collection, and enforcement of tax by commission --
18016 Administrative fee -- Enactment or repeal of tax -- Annexation -- Notice.
18017 (1) (a) Beginning on or after April 1, 2007, and subject to the other provisions of this
18018 part, a county legislative body may impose a sales and use tax of up to .25%:
18019 (i) on the transactions:
18020 (A) described in Subsection 59-12-103 (1); and
18021 (B) within the county, including the cities and towns within the county;
18022 (ii) for the purposes described in Subsection (4); and
18023 (iii) in addition to any other sales and use tax authorized under this chapter.
18024 (b) Notwithstanding Subsection (1)(a)(i), a county legislative body may not impose a
18025 tax under this section on:
18026 (i) the sales and uses described in Section 59-12-104 to the extent the sales and uses are
18027 exempt from taxation under Section 59-12-104 ; or
18028 (ii) any amounts paid or charged by a seller that collects a tax under Subsection
18029 59-12-107 (1)(b).
18030 (c) For purposes of this Subsection (1), the location of a transaction shall be
18031 determined in accordance with Section 59-12-207 .
18032 (2) (a) Except as provided in Subsection (2)(d), before imposing a tax under this part, a
18033 county legislative body shall:
18034 (i) obtain approval from a majority of the members of the county legislative body to
18035 impose the tax; and
18036 (ii) submit an opinion question to the county's registered voters voting on the

18037 imposition of the tax so that each registered voter has the opportunity to express the registered
18038 voter's opinion on whether a tax should be imposed under this part.
18039 (b) (i) In a county of the first or second class, the opinion question required by
18040 Subsection (2)(a)(ii) shall state the following:
18041 "Shall (insert the name of the county), Utah, be authorized to impose a (insert the
18042 amount of the sales and use tax up to .25%) sales and use tax for corridor preservation,
18043 congestion mitigation, or to expand capacity for regionally significant transportation facilities?"
18044 (ii) In a county of the third, fourth, fifth, or sixth class, the opinion question required by
18045 Subsection (2)(a)(ii) shall state the following:
18046 "Shall (insert the name of the county), Utah, be authorized to impose a (insert the
18047 amount of the sales and use tax up to .25%) sales and use tax for transportation projects,
18048 corridor preservation, congestion mitigation, or to expand capacity for regionally significant
18049 transportation facilities?"
18050 (c) Except as provided in Subsection (2)(d), the election required by this Subsection (2)
18051 shall be held:
18052 (i) at a regular general election conducted in accordance with the procedures and
18053 requirements of Title 20A, Election Code, governing regular elections; or
18054 (ii) at a special election called by the county legislative body that is:
18055 (A) held only on the date of a municipal general election as provided in Subsection
18056 20A-1-202 (1); and
18057 (B) authorized in accordance with the procedures and requirements of Section
18058 20A-1-203 .
18059 (d) Notwithstanding Subsection (2)(a) or (c), if a county seeks to impose a tax under
18060 this part on or after April 1, 2007, but on or before December 31, 2007, the county legislative
18061 body shall:
18062 (i) obtain the approval required by Subsection (2)(a)(i) within five calendar days of
18063 September 20, 2006;
18064 (ii) direct the county clerk to submit the opinion question required by Subsection
18065 (2)(a)(ii) during the November 7, 2006 general election; and
18066 (iii) hold the election required by this section on November 7, 2006.
18067 (3) If a county legislative body determines that a majority of the county's registered

18068 voters voting on the imposition of the tax have voted in favor of the imposition of the tax in
18069 accordance with Subsection (2), the county legislative body shall impose the tax in accordance
18070 with this section.
18071 (4) (a) Subject to Subsections (5) and (6), the revenues generated by a tax under this
18072 part may only be expended for:
18073 (i) a project or service:
18074 (A) relating to a regionally significant transportation facility;
18075 (B) for the portion of the project or service that is performed within the county;
18076 (C) for new capacity or congestion mitigation if the project or service is performed
18077 within a county:
18078 (I) of the first class;
18079 (II) of the second class; or
18080 (III) that is part of an area metropolitan planning organization;
18081 (D) (I) if the project or service is a principal arterial highway or a minor arterial
18082 highway in a county of the first or second class, that is part of the county and municipal master
18083 plan and part of:
18084 (Aa) the statewide long-range plan; or
18085 (Bb) the regional transportation plan of the area metropolitan planning organization if a
18086 metropolitan planning organization exists for the area; or
18087 (II) if the project or service is for a fixed guideway or an airport, that is part of the
18088 regional transportation plan of the area metropolitan planning organization if a metropolitan
18089 planning organization exists for the area; and
18090 (E) that is on a priority list:
18091 (I) created by the county's council of governments in accordance with Subsection (5);
18092 and
18093 (II) approved by the county legislative body in accordance with Subsection (6);
18094 (ii) corridor preservation for a project described in Subsection (4)(a)(i) as provided in
18095 Subsection (7)(b); or
18096 (iii) any debt service and bond issuance costs related to a project described in
18097 Subsection (4)(a)(i) or (ii).
18098 (b) In a county of the first or second class, a regionally significant transportation

18099 facility project or service described in Subsection (4)(a)(i)(A) must have a funded year priority
18100 designation on a Statewide Transportation Improvement Program and Transportation
18101 Improvement Program if the project or service described in Subsection (4)(a)(i) is:
18102 (i) a principal arterial highway as defined in Section 72-4-102.5 ;
18103 (ii) a minor arterial highway as defined in Section 72-4-102.5 ; or
18104 (iii) a major collector highway:
18105 (A) as defined in Section 72-4-102.5 ; and
18106 (B) in a rural area.
18107 (c) Notwithstanding the designated use of revenues in Subsection (4)(a), of the
18108 revenues generated by the tax imposed under this section by any county of the first or second
18109 class, 25% or more shall be expended for the purpose described in Subsection (4)(a)(ii).
18110 (d) For purposes of this Subsection (4), the revenues a county will receive from a tax
18111 under this part do not include amounts retained by the commission in accordance with
18112 Subsection (8).
18113 (5) (a) The county's council of governments shall create a priority list of regionally
18114 significant transportation facility projects described in Subsection (4)(a) using the process
18115 described in Subsection (5)(b) and present the priority list to the county's legislative body for
18116 approval as described in Subsection (6).
18117 (b) Subject to Sections 59-12-1704 and 59-12-1705 , a council of governments shall
18118 establish a council of governments' endorsement process which includes prioritization and
18119 application procedures for use of the revenues a county will receive from a tax under this part.
18120 (6) (a) The council of governments shall submit the priority list described in
18121 Subsection (5) to the county's legislative body and obtain approval of the list from a majority of
18122 the members of the county legislative body.
18123 (b) A county's council of governments may only submit one priority list per calendar
18124 year.
18125 (c) A county legislative body may only consider and approve one priority list per
18126 calendar year.
18127 (7) (a) (i) Except as provided in Subsections (7)(a)(ii) and (7)(b), revenues described in
18128 Subsection (4) shall be transmitted:
18129 (A) by the commission;

18130 (B) to the county;
18131 (C) monthly; and
18132 (D) by electronic funds transfer.
18133 (ii) A county may request that the commission transfer a portion of the revenues
18134 described in Subsection (4):
18135 (A) directly to a public transit district:
18136 (I) organized under Title [17A] 17B, Chapter [2] 2a, Part [10, Utah] 8, Public Transit
18137 District Act; and
18138 (II) designated by the county; and
18139 (B) by providing written notice to the commission:
18140 (I) requesting the revenues to be transferred directly to a public transit district as
18141 provided in Subsection (7)(a)(ii)(A); and
18142 (II) designating the public transit district to which the revenues are requested to be
18143 transferred.
18144 (b) (i) Except as provided in Subsection (7)(b)(ii), revenues generated by a tax under
18145 this part that are allocated for a purpose described in Subsection (4)(a)(ii) shall be:
18146 (A) deposited in or transferred to the Local Transportation Corridor Preservation Fund
18147 created by Section 72-2-117.5 ; and
18148 (B) expended as provided in Section 72-2-117.5 .
18149 (ii) In a county of the first class, revenues generated by a tax under this part that are
18150 allocated for a purpose described in Subsection (4)(a)(ii) shall be:
18151 (A) deposited in or transferred to the Public Transportation System Tax Highway Fund
18152 created by Section 72-2-121 ; and
18153 (B) expended as provided in Section 72-2-121 .
18154 (8) (a) (i) Except as provided in Subsection (8)(b), the tax authorized under this part
18155 shall be administered, collected, and enforced in accordance with:
18156 (A) the same procedures used to administer, collect, and enforce the tax under:
18157 (I) Part 1, Tax Collection; or
18158 (II) Part 2, Local Sales and Use Tax Act; and
18159 (B) Chapter 1, General Taxation Policies.
18160 (ii) A tax under this part is not subject to Subsections 59-12-205 (2) through (7).

18161 (b) (i) The commission may retain an amount of tax collected under this part of not to
18162 exceed the lesser of:
18163 (A) 1.5%; or
18164 (B) an amount equal to the cost to the commission of administering this part.
18165 (ii) Any amount the commission retains under Subsection (8)(b)(i) shall be:
18166 (A) placed in the Sales and Use Tax Administrative Fees Account; and
18167 (B) used as provided in Subsection 59-12-206 (2).
18168 (9) (a) (i) Except as provided in Subsection (9)(b) or (c), if, on or after April 1, 2007, a
18169 county enacts or repeals a tax or changes the rate of a tax under this part, the enactment, repeal,
18170 or change shall take effect:
18171 (A) on the first day of a calendar quarter; and
18172 (B) after a 90-day period beginning on the date the commission receives notice meeting
18173 the requirements of Subsection (9)(a)(ii) from the county.
18174 (ii) The notice described in Subsection (9)(a)(i)(B) shall state:
18175 (A) that the county will enact, repeal, or change the rate of a tax under this part;
18176 (B) the statutory authority for the tax described in Subsection (9)(a)(ii)(A);
18177 (C) the effective date of the tax described in Subsection (9)(a)(ii)(A); and
18178 (D) if the county enacts the tax or changes the rate of the tax described in Subsection
18179 (9)(a)(ii)(A), the rate of the tax.
18180 (b) (i) For a transaction described in Subsection (9)(b)(iii), if the billing period for the
18181 transaction begins before the effective date of the enactment of the tax or tax rate increase
18182 under Subsection (1), the enactment of a tax or a tax rate increase shall take effect on the first
18183 day of the first billing period that begins after the effective date of the enactment of the tax or
18184 the tax rate increase.
18185 (ii) For a transaction described in Subsection (9)(b)(iii), if the billing period for the
18186 transaction begins before the effective date of the repeal of the tax or the tax rate decrease
18187 imposed under Subsection (1), the repeal of a tax or a tax rate decrease shall take effect on the
18188 first day of the last billing period that began before the effective date of the repeal of the tax or
18189 the tax rate decrease.
18190 (iii) Subsections (9)(b)(i) and (ii) apply to transactions subject to a tax under:
18191 (A) Subsection 59-12-103 (1)(b);

18192 (B) Subsection 59-12-103 (1)(c);
18193 (C) Subsection 59-12-103 (1)(d);
18194 (D) Subsection 59-12-103 (1)(e);
18195 (E) Subsection 59-12-103 (1)(f);
18196 (F) Subsection 59-12-103 (1)(g);
18197 (G) Subsection 59-12-103 (1)(h);
18198 (H) Subsection 59-12-103 (1)(i);
18199 (I) Subsection 59-12-103 (1)(j); or
18200 (J) Subsection 59-12-103 (1)(k).
18201 (c) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
18202 sales and use tax rates published in the catalogue, an enactment, repeal, or change in the rate of
18203 a tax described in Subsection (9)(a)(i) takes effect:
18204 (A) on the first day of a calendar quarter; and
18205 (B) beginning 60 days after the effective date of the enactment, repeal, or change in the
18206 rate of the tax under Subsection (9)(a)(i).
18207 (ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
18208 commission may by rule define the term "catalogue sale."
18209 (d) (i) Except as provided in Subsection (9)(e) or (f), if, for an annexation that occurs
18210 on or after April 1, 2007, the annexation will result in the enactment, repeal, or change in the
18211 rate of a tax under this part for an annexing area, the enactment, repeal, or change shall take
18212 effect:
18213 (A) on the first day of a calendar quarter; and
18214 (B) after a 90-day period beginning on the date the commission receives notice meeting
18215 the requirements of Subsection (9)(d)(ii) from the county that annexes the annexing area.
18216 (ii) The notice described in Subsection (9)(d)(i)(B) shall state:
18217 (A) that the annexation described in Subsection (9)(d)(i)(B) will result in an enactment,
18218 repeal, or change in the rate of a tax under this part for the annexing area;
18219 (B) the statutory authority for the tax described in Subsection (9)(d)(ii)(A);
18220 (C) the effective date of the tax described in Subsection (9)(d)(ii)(A); and
18221 (D) if the county enacts the tax or changes the rate of the tax described in Subsection
18222 (9)(d)(ii)(A), the rate of the tax.

18223 (e) (i) For a transaction described in Subsection (9)(e)(iii), if the billing period for the
18224 transaction begins before the effective date of the enactment of the tax or a tax rate increase
18225 under Subsection (1), the enactment of a tax or a tax rate increase shall take effect on the first
18226 day of the first billing period that begins after the effective date of the enactment of the tax or
18227 the tax rate increase.
18228 (ii) For a transaction described in Subsection (9)(e)(iii), if the billing period for the
18229 transaction begins before the effective date of the repeal of the tax or the tax rate decrease
18230 imposed under Subsection (1), the repeal of a tax or a tax rate decrease shall take effect on the
18231 first day of the last billing period that began before the effective date of the repeal of the tax or
18232 the tax rate decrease.
18233 (iii) Subsections (9)(e)(i) and (ii) apply to transactions subject to a tax under:
18234 (A) Subsection 59-12-103 (1)(b);
18235 (B) Subsection 59-12-103 (1)(c);
18236 (C) Subsection 59-12-103 (1)(d);
18237 (D) Subsection 59-12-103 (1)(e);
18238 (E) Subsection 59-12-103 (1)(f);
18239 (F) Subsection 59-12-103 (1)(g);
18240 (G) Subsection 59-12-103 (1)(h);
18241 (H) Subsection 59-12-103 (1)(i);
18242 (I) Subsection 59-12-103 (1)(j); or
18243 (J) Subsection 59-12-103 (1)(k).
18244 (f) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
18245 sales and use tax rates published in the catalogue, an enactment, repeal, or change in the rate of
18246 a tax described in Subsection (9)(d)(i) takes effect:
18247 (A) on the first day of a calendar quarter; and
18248 (B) beginning 60 days after the effective date of the enactment, repeal, or change in the
18249 rate under Subsection (9)(d)(i).
18250 (ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
18251 commission may by rule define the term "catalogue sale."
18252 Section 429. Section 63-2-103 is amended to read:
18253 63-2-103. Definitions.

18254 As used in this chapter:
18255 (1) "Audit" means:
18256 (a) a systematic examination of financial, management, program, and related records
18257 for the purpose of determining the fair presentation of financial statements, adequacy of
18258 internal controls, or compliance with laws and regulations; or
18259 (b) a systematic examination of program procedures and operations for the purpose of
18260 determining their effectiveness, economy, efficiency, and compliance with statutes and
18261 regulations.
18262 (2) "Chronological logs" mean the regular and customary summary records of law
18263 enforcement agencies and other public safety agencies that show:
18264 (a) the time and general nature of police, fire, and paramedic calls made to the agency;
18265 (b) and any arrests or jail bookings made by the agency.
18266 (3) "Classification," "classify," and their derivative forms mean determining whether a
18267 record series, record, or information within a record is public, private, controlled, protected, or
18268 exempt from disclosure under Subsection 63-2-201 (3)(b).
18269 (4) (a) "Computer program" means:
18270 (i) a series of instructions or statements that permit the functioning of a computer
18271 system in a manner designed to provide storage, retrieval, and manipulation of data from the
18272 computer system; and
18273 (ii) any associated documentation and source material that explain how to operate the
18274 computer program.
18275 (b) "Computer program" does not mean:
18276 (i) the original data, including numbers, text, voice, graphics, and images;
18277 (ii) analysis, compilation, and other manipulated forms of the original data produced by
18278 use of the program; or
18279 (iii) the mathematical or statistical formulas, excluding the underlying mathematical
18280 algorithms contained in the program, that would be used if the manipulated forms of the
18281 original data were to be produced manually.
18282 (5) (a) "Contractor" means:
18283 (i) any person who contracts with a governmental entity to provide goods or services
18284 directly to a governmental entity; or

18285 (ii) any private, nonprofit organization that receives funds from a governmental entity.
18286 (b) "Contractor" does not mean a private provider.
18287 (6) "Controlled record" means a record containing data on individuals that is controlled
18288 as provided by Section 63-2-303 .
18289 (7) "Designation," "designate," and their derivative forms mean indicating, based on a
18290 governmental entity's familiarity with a record series or based on a governmental entity's
18291 review of a reasonable sample of a record series, the primary classification that a majority of
18292 records in a record series would be given if classified and the classification that other records
18293 typically present in the record series would be given if classified.
18294 (8) "Elected official" means each person elected to a state office, county office,
18295 municipal office, school board or school district office, [or special] local district office, or
18296 special service district office but does not include judges.
18297 (9) "Explosive" means a chemical compound, device, or mixture:
18298 (a) commonly used or intended for the purpose of producing an explosion; and
18299 (b) that contains oxidizing or combustive units or other ingredients in proportions,
18300 quantities, or packing so that:
18301 (i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
18302 compound or mixture may cause a sudden generation of highly heated gases; and
18303 (ii) the resultant gaseous pressures are capable of:
18304 (A) producing destructive effects on contiguous objects; or
18305 (B) causing death or serious bodily injury.
18306 (10) "Government audit agency" means any governmental entity that conducts an audit.
18307 (11) (a) "Governmental entity" means:
18308 (i) executive department agencies of the state, the offices of the governor, lieutenant
18309 governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole,
18310 the Board of Examiners, the National Guard, the Career Service Review Board, the State Board
18311 of Education, the State Board of Regents, and the State Archives;
18312 (ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
18313 Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative
18314 committees, except any political party, group, caucus, or rules or sifting committee of the
18315 Legislature;

18316 (iii) courts, the Judicial Council, the Office of the Court Administrator, and similar
18317 administrative units in the judicial branch;
18318 (iv) any state-funded institution of higher education or public education; or
18319 (v) any political subdivision of the state, but, if a political subdivision has adopted an
18320 ordinance or a policy relating to information practices pursuant to Section 63-2-701 , this
18321 chapter shall apply to the political subdivision to the extent specified in Section 63-2-701 or as
18322 specified in any other section of this chapter that specifically refers to political subdivisions.
18323 (b) "Governmental entity" also means every office, agency, board, bureau, committee,
18324 department, advisory board, or commission of an entity listed in Subsection (11)(a) that is
18325 funded or established by the government to carry out the public's business.
18326 (12) "Gross compensation" means every form of remuneration payable for a given
18327 period to an individual for services provided including salaries, commissions, vacation pay,
18328 severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any
18329 similar benefit received from the individual's employer.
18330 (13) "Individual" means a human being.
18331 (14) (a) "Initial contact report" means an initial written or recorded report, however
18332 titled, prepared by peace officers engaged in public patrol or response duties describing official
18333 actions initially taken in response to either a public complaint about or the discovery of an
18334 apparent violation of law, which report may describe:
18335 (i) the date, time, location, and nature of the complaint, the incident, or offense;
18336 (ii) names of victims;
18337 (iii) the nature or general scope of the agency's initial actions taken in response to the
18338 incident;
18339 (iv) the general nature of any injuries or estimate of damages sustained in the incident;
18340 (v) the name, address, and other identifying information about any person arrested or
18341 charged in connection with the incident; or
18342 (vi) the identity of the public safety personnel, except undercover personnel, or
18343 prosecuting attorney involved in responding to the initial incident.
18344 (b) Initial contact reports do not include follow-up or investigative reports prepared
18345 after the initial contact report. However, if the information specified in Subsection (14)(a)
18346 appears in follow-up or investigative reports, it may only be treated confidentially if it is

18347 private, controlled, protected, or exempt from disclosure under Subsection 63-2-201 (3)(b).
18348 (15) "Legislative body" means the Legislature.
18349 (16) "Notice of compliance" means a statement confirming that a governmental entity
18350 has complied with a records committee order.
18351 (17) "Person" means:
18352 (a) an individual;
18353 (b) a nonprofit or profit corporation;
18354 (c) a partnership;
18355 (d) a sole proprietorship;
18356 (e) other type of business organization; or
18357 (f) any combination acting in concert with one another.
18358 (18) "Private provider" means any person who contracts with a governmental entity to
18359 provide services directly to the public.
18360 (19) "Private record" means a record containing data on individuals that is private as
18361 provided by Section 63-2-302 .
18362 (20) "Protected record" means a record that is classified protected as provided by
18363 Section 63-2-304 .
18364 (21) "Public record" means a record that is not private, controlled, or protected and that
18365 is not exempt from disclosure as provided in Subsection 63-2-201 (3)(b).
18366 (22) (a) "Record" means a book, letter, document, paper, map, plan, photograph, film,
18367 card, tape, recording, electronic data, or other documentary material regardless of physical form
18368 or characteristics:
18369 (i) that is prepared, owned, received, or retained by a governmental entity or political
18370 subdivision; and
18371 (ii) where all of the information in the original is reproducible by photocopy or other
18372 mechanical or electronic means.
18373 (b) "Record" does not mean:
18374 (i) a personal note or personal communication prepared or received by an employee or
18375 officer of a governmental entity in the employee's or officer's private capacity;
18376 (ii) a temporary draft or similar material prepared for the originator's personal use or
18377 prepared by the originator for the personal use of an individual for whom the originator is

18378 working;
18379 (iii) material that is legally owned by an individual in the individual's private capacity;
18380 (iv) material to which access is limited by the laws of copyright or patent unless the
18381 copyright or patent is owned by a governmental entity or political subdivision;
18382 (v) proprietary software;
18383 (vi) junk mail or a commercial publication received by a governmental entity or an
18384 official or employee of a governmental entity;
18385 (vii) a book that is cataloged, indexed, or inventoried and contained in the collections
18386 of a library open to the public;
18387 (viii) material that is cataloged, indexed, or inventoried and contained in the collections
18388 of a library open to the public, regardless of physical form or characteristics of the material;
18389 (ix) a daily calendar or other personal note prepared by the originator for the
18390 originator's personal use or for the personal use of an individual for whom the originator is
18391 working;
18392 (x) a computer program that is developed or purchased by or for any governmental
18393 entity for its own use;
18394 (xi) a note or internal memorandum prepared as part of the deliberative process by:
18395 (A) a member of the judiciary;
18396 (B) an administrative law judge;
18397 (C) a member of the Board of Pardons and Parole; or
18398 (D) a member of any other body charged by law with performing a quasi-judicial
18399 function; or
18400 (xii) a telephone number or similar code used to access a mobile communication
18401 device that is used by an employee or officer of a governmental entity, provided that the
18402 employee or officer of the governmental entity has designated at least one business telephone
18403 number that is a public record as provided in Section 63-2-301 .
18404 (23) "Record series" means a group of records that may be treated as a unit for
18405 purposes of designation, description, management, or disposition.
18406 (24) "Records committee" means the State Records Committee created in Section
18407 63-2-501 .
18408 (25) "Records officer" means the individual appointed by the chief administrative

18409 officer of each governmental entity, or the political subdivision to work with state archives in
18410 the care, maintenance, scheduling, designation, classification, disposal, and preservation of
18411 records.
18412 (26) "Schedule," "scheduling," and their derivative forms mean the process of
18413 specifying the length of time each record series should be retained by a governmental entity for
18414 administrative, legal, fiscal, or historical purposes and when each record series should be
18415 transferred to the state archives or destroyed.
18416 (27) "Sponsored research" means research, training, and other sponsored activities as
18417 defined by the federal Executive Office of the President, Office of Management and Budget:
18418 (a) conducted:
18419 (i) by an institution within the state system of higher education defined in Section
18420 53B-1-102 ; and
18421 (ii) through an office responsible for sponsored projects or programs; and
18422 (b) funded or otherwise supported by an external:
18423 (i) person that is not created or controlled by the institution within the state system of
18424 higher education; or
18425 (ii) federal, state, or local governmental entity.
18426 (28) "State archives" means the Division of Archives and Records Service created in
18427 Section 63-2-901 .
18428 (29) "State archivist" means the director of the state archives.
18429 (30) "Summary data" means statistical records and compilations that contain data
18430 derived from private, controlled, or protected information but that do not disclose private,
18431 controlled, or protected information.
18432 Section 430. Section 63-6-1 (Effective 07/01/07) is amended to read:
18433 63-6-1 (Effective 07/01/07). Members -- Functions.
18434 (1) As used in this chapter:
18435 (a) "Political subdivision" means any county, city, town, school district, [public transit
18436 district, redevelopment] community development and renewal agency, special improvement or
18437 taxing district, [special] local district, special service district, an entity created by an interlocal
18438 agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other
18439 governmental subdivision or public corporation.

18440 (b) "State" means the state of Utah, and includes each office, department, division,
18441 agency, authority, commission, board, institution, college, university, Children's Justice Center,
18442 or other instrumentality of the state.
18443 (2) The governor, the state auditor, and the attorney general shall constitute a Board of
18444 Examiners, with power to examine all claims against the state or a political subdivision, for the
18445 payment of which funds appropriated by the Legislature or derived from any other source are
18446 not available.
18447 (3) No claim against the state or a political subdivision, for the payment of which
18448 specifically designated funds are required to be appropriated by the Legislature shall be passed
18449 upon by the Legislature without having been considered and acted upon by the Board of
18450 Examiners.
18451 (4) The governor shall be the president, and the state auditor shall be the secretary of
18452 the board, and in the absence of either an officer pro tempore may be elected from among the
18453 members of the board.
18454 Section 431. Section 63-30d-102 is amended to read:
18455 63-30d-102. Definitions.
18456 As used in this chapter:
18457 (1) "Claim" means any asserted demand for or cause of action for money or damages,
18458 whether arising under the common law, under state constitutional provisions, or under state
18459 statutes, against a governmental entity or against an employee in the employee's personal
18460 capacity.
18461 (2) (a) "Employee" includes:
18462 (i) a governmental entity's officers, employees, servants, trustees, or commissioners;
18463 (ii) members of a governing body;
18464 (iii) members of a government entity board;
18465 (iv) members of a government entity commission;
18466 (v) members of an advisory body, officers, and employees of a Children's Justice
18467 Center created in accordance with Section 67-5b-104 ;
18468 (vi) student teachers holding a letter of authorization in accordance with Sections
18469 53A-6-103 and 53A-6-104 ;
18470 (vii) educational aides;

18471 (viii) students engaged in providing services to members of the public in the course of
18472 an approved medical, nursing, or other professional health care clinical training program;
18473 (ix) volunteers as defined by Subsection 67-20-2 (3); and
18474 (x) tutors.
18475 (b) "Employee" includes all of the positions identified in Subsection (2)(a), whether or
18476 not the individual holding that position receives compensation.
18477 (c) "Employee" does not include an independent contractor.
18478 (3) "Governmental entity" means the state and its political subdivisions as both are
18479 defined in this section.
18480 (4) (a) "Governmental function" means each activity, undertaking, or operation of a
18481 governmental entity.
18482 (b) "Governmental function" includes each activity, undertaking, or operation
18483 performed by a department, agency, employee, agent, or officer of a governmental entity.
18484 (c) "Governmental function" includes a governmental entity's failure to act.
18485 (5) "Injury" means death, injury to a person, damage to or loss of property, or any other
18486 injury that a person may suffer to his person or estate, that would be actionable if inflicted by a
18487 private person or his agent.
18488 (6) "Personal injury" means an injury of any kind other than property damage.
18489 (7) "Political subdivision" means any county, city, town, school district, [public transit
18490 district, redevelopment] community development and renewal agency, special improvement or
18491 taxing district, [special] local district, special service district, an entity created by an interlocal
18492 agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other
18493 governmental subdivision or public corporation.
18494 (8) "Property damage" means injury to, or loss of, any right, title, estate, or interest in
18495 real or personal property.
18496 (9) "State" means the state of Utah, and includes each office, department, division,
18497 agency, authority, commission, board, institution, hospital, college, university, Children's
18498 Justice Center, or other instrumentality of the state.
18499 (10) "Willful misconduct" means the intentional doing of a wrongful act, or the
18500 wrongful failure to act, without just cause or excuse, where the actor is aware that his conduct
18501 will probably result in injury.

18502 Section 432. Section 63-30d-401 is amended to read:
18503 63-30d-401. Claim for injury -- Notice -- Contents -- Service -- Legal disability --
18504 Appointment of guardian ad litem.
18505 (1) (a) Except as provided in Subsection (1)(b), a claim arises when the statute of
18506 limitations that would apply if the claim were against a private person begins to run.
18507 (b) The statute of limitations does not begin to run until a claimant knew, or with the
18508 exercise of reasonable diligence should have known:
18509 (i) that the claimant had a claim against the governmental entity or its employee; and
18510 (ii) the identity of the governmental entity or the name of the employee.
18511 (c) The burden to prove the exercise of reasonable diligence is upon the claimant.
18512 (2) Any person having a claim against a governmental entity, or against its employee
18513 for an act or omission occurring during the performance of the employee's duties, within the
18514 scope of employment, or under color of authority shall file a written notice of claim with the
18515 entity before maintaining an action, regardless of whether or not the function giving rise to the
18516 claim is characterized as governmental.
18517 (3) (a) The notice of claim shall set forth:
18518 (i) a brief statement of the facts;
18519 (ii) the nature of the claim asserted;
18520 (iii) the damages incurred by the claimant so far as they are known; and
18521 (iv) if the claim is being pursued against a governmental employee individually as
18522 provided in Subsection 63-30d-202 (3)(c), the name of the employee.
18523 (b) The notice of claim shall be:
18524 (i) signed by the person making the claim or that person's agent, attorney, parent, or
18525 legal guardian; and
18526 (ii) directed and delivered by hand or by mail according to the requirements of Section
18527 68-3-8.5 to the office of:
18528 (A) the city or town clerk, when the claim is against an incorporated city or town;
18529 (B) the county clerk, when the claim is against a county;
18530 (C) the superintendent or business administrator of the board, when the claim is against
18531 a school district or board of education;
18532 (D) the presiding officer or secretary/clerk of the board, when the claim is against a

18533 [special] local district or special service district;
18534 (E) the attorney general, when the claim is against the State of Utah;
18535 (F) a member of the governing board, the executive director, or executive secretary,
18536 when the claim is against any other public board, commission, or body; or
18537 (G) the agent authorized by a governmental entity to receive the notice of claim by the
18538 governmental entity under Subsection (5)(e).
18539 (4) (a) If an injury that may reasonably be expected to result in a claim against a
18540 governmental entity is sustained by a claimant who is under the age of majority or mentally
18541 incompetent, that governmental entity may file a request with the court for the appointment of a
18542 guardian ad litem for the potential claimant.
18543 (b) If a guardian ad litem is appointed, the time for filing a claim under Section
18544 63-30d-402 begins when the order appointing the guardian is issued.
18545 (5) (a) Each governmental entity subject to suit under this chapter shall file a statement
18546 with the Division of Corporations and Commercial Code within the Department of Commerce
18547 containing:
18548 (i) the name and address of the governmental entity;
18549 (ii) the office or agent designated to receive a notice of claim; and
18550 (iii) the address at which it is to be directed and delivered.
18551 (b) Each governmental entity shall update its statement as necessary to ensure that the
18552 information is accurate.
18553 (c) The Division of Corporations and Commercial Code shall develop a form for
18554 governmental entities to complete that provides the information required by Subsection (5)(a).
18555 (d) (i) Newly incorporated municipalities shall file the statement required by
18556 Subsection (5)(a) at the time that the statement of incorporation and boundaries is filed with the
18557 lieutenant governor under Section 10-1-106 .
18558 (ii) Newly incorporated [special] local districts shall file the statement required by
18559 Subsection (5)(a) at the time that the written notice [of creation of the district] is filed with the
18560 [State Tax Commission and State Auditor] lieutenant governor under [Sections 17A-1-102 and
18561 17B-3-215 ] Section 17B-1-215 .
18562 (e) A governmental entity may, in its statement, identify an agent authorized by the
18563 entity to accept notices of claim on its behalf.

18564 (6) The Division of Corporations and Commercial Code shall:
18565 (a) maintain an index of the statements required by this section arranged both
18566 alphabetically by entity and by county of operation; and
18567 (b) make the indices available to the public both electronically and via hard copy.
18568 (7) A governmental entity may not challenge the validity of a notice of claim on the
18569 grounds that it was not directed and delivered to the proper office or agent if the error is caused
18570 by the governmental entity's failure to file or update the statement required by Subsection (5).
18571 Section 433. Section 63-38-3.3 is amended to read:
18572 63-38-3.3. Payment of fees prerequisite to service -- Exception.
18573 (1) (a) State and county officers required by law to charge fees may not perform any
18574 official service unless the fees prescribed for that service are paid in advance.
18575 (b) When the fee is paid, the officer shall perform the services required.
18576 (c) An officer is liable upon the officer's official bond for every failure or refusal to
18577 perform an official duty when the fees are tendered.
18578 (2) (a) Except as provided in Subsection (2)(b), no fees may be charged:
18579 (i) to the officer's state, or any county or subdivision of the state;
18580 (ii) to any public officer acting for the state, county, or subdivision;
18581 (iii) in cases of habeas corpus;
18582 (iv) in criminal causes before final judgment;
18583 (v) for administering and certifying the oath of office;
18584 (vi) for swearing pensioners and their witnesses; or
18585 (vii) for filing and recording bonds of public officers.
18586 (b) Fees may be charged for payment:
18587 (i) of recording fees for [county and municipal improvement district] assessment area
18588 recordings in compliance with [Sections 17A-3-207 and 17A-3-307 ] Section 11-42-205 ;
18589 (ii) of recording fees for judgments recorded in compliance with Sections 57-3-106 and
18590 78-5-119; and
18591 (iii) to the state engineer under Section 73-2-14 .
18592 Section 434. Section 63-38d-102 is amended to read:
18593 63-38d-102. Definitions.
18594 As used in this chapter:

18595 (1) "Committee" means the Resource Development Coordinating Committee created
18596 by this chapter.
18597 (2) "Director" means the chief administrative officer of the Governor's Office of
18598 Planning and Budget appointed as provided in this chapter.
18599 (3) "Office" means the Governor's Office of Planning and Budget created by this
18600 chapter.
18601 (4) "Political subdivision" means a county, municipality, [special] local district, special
18602 service district, school district, interlocal cooperation agreement entity, or any administrative
18603 subunit of them.
18604 (5) "State planning coordinator" means the person appointed as planning coordinator as
18605 provided in this chapter.
18606 Section 435. Section 63-38d-601 is amended to read:
18607 63-38d-601. Definitions.
18608 As used in this part:
18609 (1) "Coordinator" means the public lands policy coordinator appointed in this part.
18610 (2) "Council" means the Public Lands Policy Coordinating Council created by this part.
18611 (3) "Office" means the Public Lands Policy Coordinating Office created by this part.
18612 (4) "Political subdivision" means a county, municipality, [special] local district, special
18613 service district, school district, interlocal cooperation agreement entity, or any administrative
18614 subunit of them.
18615 (5) "State planning coordinator" means the person appointed under Subsection
18616 63-38d-202 (1)(a)(ii).
18617 Section 436. Section 63-38f-2002 is amended to read:
18618 63-38f-2002. Definitions.
18619 As used in this part:
18620 (1) "Board" means the Board of Business and Economic Development created by
18621 Section 63-38f-301 .
18622 (2) "Business incubator expense" means an expense relating to funding a program that
18623 is:
18624 (a) designed to provide business support services and resources to one or more
18625 business entities within a project area during the business entities' early stages of development;

18626 and
18627 (b) determined to be a business incubator by the board.
18628 (3) "Business rehabilitation expense" means an expense relating to the renovation or
18629 rehabilitation of an existing building within a project area as determined by the board.
18630 (4) "Debt service" means the payment of debt service on a bond issued to pay a:
18631 (a) business rehabilitation expense relating to a project; or
18632 (b) public infrastructure expense relating to a project.
18633 (5) "Eligible county" means a county of the third, fourth, fifth, or sixth class.
18634 (6) "Eligible expense" means an expense:
18635 (a) incurred by an eligible county;
18636 (b) relating to a project; and
18637 (c) that is:
18638 (i) a business incubator expense;
18639 (ii) debt service; or
18640 (iii) a public infrastructure expense.
18641 (7) "Project" means an economic development project:
18642 (a) as determined by the board; and
18643 (b) for which an eligible county applies to the board in accordance with this part for a
18644 loan or grant to assist the eligible county in paying an eligible expense.
18645 (8) "Project area" means the geographic area within which a project is implemented by
18646 an eligible county.
18647 (9) "Public infrastructure expense" means an expense relating to a publicly owned
18648 improvement located within a project area if:
18649 (a) the expense is:
18650 (i) incurred for:
18651 (A) construction;
18652 (B) demolition;
18653 (C) design;
18654 (D) engineering;
18655 (E) an environmental impact study;
18656 (F) environmental remediation; or

18657 (G) rehabilitation; or
18658 (ii) similar to an expense described in Subsection (9)(a)(i) as determined by the board;
18659 and
18660 (b) the publicly owned improvement is:
18661 (i) not a building as determined by the board; and
18662 (ii) necessary to support a project as determined by the board.
18663 (10) "Publicly owned improvement" means an improvement to real property if:
18664 (a) the real property is owned by:
18665 (i) the United States;
18666 (ii) the state; or
18667 (iii) a political subdivision:
18668 (A) as defined in Section [ 17B-2-101 ] 17B-1-102 ; and
18669 (B) of the state; and
18670 (b) the improvement relates to:
18671 (i) a sewage system including a system for collection, transport, storage, treatment,
18672 dispersal, effluent use, or discharge;
18673 (ii) a drainage or flood control system, including a system for collection, transport,
18674 diversion, storage, detention, retention, dispersal, use, or discharge;
18675 (iii) a water system including a system for production, collection, storage, treatment,
18676 transport, delivery, connection, or dispersal;
18677 (iv) a highway, street, or road system for vehicular use for travel, ingress, or egress;
18678 (v) a rail transportation system;
18679 (vi) a system for pedestrian use for travel, ingress, or egress;
18680 (vii) a public utility system including a system for electricity, gas, or
18681 telecommunications; or
18682 (viii) a system or device that is similar to a system or device described in Subsections
18683 (10)(b)(i) through (vii) as determined by the board.
18684 (11) "Restricted account" means the Business Development for Disadvantaged Rural
18685 Communities Restricted Account created by Section 63-38f-2003 .
18686 Section 437. Section 63-51-2 is amended to read:
18687 63-51-2. Definitions.

18688 As used in this chapter:
18689 (1) "Commencement of construction" means any clearing of land, excavation, or
18690 construction but does not include preliminary site review, including soil tests, topographical
18691 surveys, exploratory drilling, boring or mining, or other preliminary tests.
18692 (2) "Developer" means any person engaged or to be engaged in industrial development
18693 or the development or utilization of natural resources in this state through a natural resource or
18694 industrial facility, including owners, contract purchases of owners, and persons who, as a lessee
18695 or under an agreement, are engaged or to be engaged in industrial development or the
18696 development or utilization of natural resources in this state through a natural resource or
18697 industrial facility.
18698 (3) "Major developer" means any developer whose proposed new or additional natural
18699 resource facility or industrial facility is projected:
18700 (a) To employ more than 500 people; or
18701 (b) To cause the population of an affected unit of local government to increase by more
18702 than 5%, the increase to include the primary work force of the facility and their dependents and
18703 the work force and dependents attributable to commercial and public service employment
18704 created by the presence of the facility.
18705 (4) "Natural resource facility" or "industrial facility" means any land, structure,
18706 building, plant, mine, road, installation, excavation, machinery, equipment, or device, or any
18707 addition to, reconstruction, replacement, or improvement of, land or an existing structure,
18708 building, plant, mine, road, installation, excavation, machinery, or device reasonably used,
18709 erected, constructed, acquired, or installed by any person, if a substantial purpose of or result of
18710 the use, erection, construction, acquisition, rental, lease, or installation is related to industrial
18711 development or the development or utilization of the natural resources in this state.
18712 (5) "Person" includes any individual, firm, co-partnership, joint venture, corporation,
18713 estate, trust, business trust, syndicate, or any group or combination acting as a unit.
18714 (6) "Unit of local government" means any county, municipality, school district,
18715 [special] local district, special service district, or any other political subdivision of the state.
18716 Section 438. Section 63-56-102 is amended to read:
18717 63-56-102. Application of chapter.
18718 (1) This chapter applies only to contracts solicited or entered into after the effective

18719 date of this chapter unless the parties agree to its application to a contract solicited or entered
18720 into prior to the effective date.
18721 (2) Except as provided in Section 63-56-103 , this chapter shall apply to every
18722 expenditure of public funds irrespective of their source, including federal assistance, by any
18723 state agency under any contract.
18724 (3) (a) Only the following sections shall apply to local public procurement units:
18725 Sections 63-56-103 , 63-56-105 , 63-56-301 , 63-56-303 through 63-56-420 , 63-56-422 ,
18726 63-56-501 through 63-56-602 , 63-56-801 through 63-56-806 , and 63-56-815 through
18727 63-56-819 ; provided, however, that, except as provided in Sections 63-56-906 and 63-56-907 ,
18728 the jurisdiction of the procurement appeals board is limited to matters involving state agencies.
18729 (b) Subsections 63-56-208 (1)(b), 63-56-503 (4), and 63-56-504 (2) also apply to local
18730 public procurement units.
18731 (c) For the purpose of application of those sections and subsections to a local public
18732 procurement unit, "state" shall mean "local public procurement unit," "chief procurement
18733 officer" or "head of a purchasing agency" shall mean any person conducting procurement for a
18734 local public procurement unit, and "rules and regulations" shall mean ordinances and rules and
18735 regulations promulgated by a local public procurement unit to implement or supplement those
18736 sections.
18737 (d) In addition to the sections and subsections listed above and except as provided in
18738 [Section 17A-1-801 ] Subsection 17B-1-108 (3) relating to [special] local districts, each local
18739 public procurement unit shall adopt ordinances relating to the procurement of
18740 architect-engineer services not inconsistent with the provisions of Part 7, Architect-Engineer
18741 Services.
18742 (e) Any other section of this chapter, or its implementing regulations, may be adopted
18743 by any local public procurement unit.
18744 (f) Any other implementing regulations adopted by local public procurement units may
18745 not be inconsistent with the provisions of this chapter.
18746 (4) Unless otherwise provided by statute, this chapter does not apply to procurement of
18747 real property.
18748 Section 439. Section 63-56-201 is amended to read:
18749 63-56-201. Creation of procurement policy board.

18750 (1) (a) There is created a state procurement policy board.
18751 (b) The policy board shall consist of eight members who shall be appointed as follows:
18752 (i) an employee of a state institution of higher education, appointed by the board of
18753 regents;
18754 (ii) an employee of the Department of Human Services, appointed by the executive
18755 director of that department;
18756 (iii) an employee of the Department of Transportation, appointed by the executive
18757 director of that department;
18758 (iv) an employee of a school district appointed by a cooperative purchasing entity for
18759 school districts;
18760 (v) an employee of the Division of Facilities Construction and Management appointed
18761 by the director of that division;
18762 (vi) an employee of a county, appointed by the Utah Association of Counties;
18763 (vii) an employee of a city, appointed by the Utah League of Cities and Towns; and
18764 (viii) an employee of a [special] local district or special service district, appointed by
18765 the Utah Association of Special Districts.
18766 (c) Members of the policy board shall be knowledgeable and experienced in, and have
18767 supervisory responsibility for, procurement in their official positions.
18768 (2) Members shall be appointed to four-year staggered terms.
18769 (3) When a vacancy occurs in the membership for any reason, the replacement shall be
18770 appointed for the unexpired term.
18771 (4) (a) The policy board shall:
18772 (i) adopt rules of procedure for conducting its business; and
18773 (ii) elect a chair to serve for one year.
18774 (b) The chair may be elected to succeeding terms.
18775 (c) The chief procurement officer shall serve as the nonvoting secretary to the policy
18776 board.
18777 (5) (a) (i) Members who are not government employees shall receive no compensation
18778 or benefits for their services, but may receive per diem and expenses incurred in the
18779 performance of the member's official duties at the rates established by the Division of Finance
18780 under Sections 63A-3-106 and 63A-3-107 .

18781 (ii) Members may decline to receive per diem and expenses for their service.
18782 (b) (i) State government officer and employee members who do not receive salary, per
18783 diem, or expenses from their agency for their service may receive per diem and expenses
18784 incurred in the performance of their official duties from the board at the rates established by the
18785 Division of Finance under Sections 63A-3-106 and 63A-3-107 .
18786 (ii) State government officer and employee members may decline to receive per diem
18787 and expenses for their service.
18788 (c) (i) Higher education members who do not receive salary, per diem, or expenses
18789 from the entity that they represent for their service may receive per diem and expenses incurred
18790 in the performance of their official duties from the committee at the rates established by the
18791 Division of Finance under Sections 63A-3-106 and 63A-3-107 .
18792 (ii) Higher education members may decline to receive per diem and expenses for their
18793 service.
18794 (d) (i) Local government members who do not receive salary, per diem, or expenses
18795 from the entity that they represent for their service may receive per diem and expenses incurred
18796 in the performance of their official duties at the rates established by the Division of Finance
18797 under Sections 63A-3-106 and 63A-3-107 .
18798 (ii) Local government members may decline to receive per diem and expenses for their
18799 service.
18800 Section 440. Section 63-90a-1 is amended to read:
18801 63-90a-1. Definitions.
18802 As used in this chapter:
18803 (1) "Constitutional taking issues" means actions involving the physical taking or
18804 exaction of private real property by a political subdivision that might require compensation to a
18805 private real property owner because of:
18806 (a) the Fifth or Fourteenth Amendment of the Constitution of the United States;
18807 (b) Article I, Section 22 of the Utah Constitution; or
18808 (c) any recent court rulings governing the physical taking or exaction of private real
18809 property by a government entity.
18810 (2) "Political subdivision" means a county, municipality, [special] local district, special
18811 service district, school district, or other local government entity.

18812 Section 441. Section 63-90b-102 is amended to read:
18813 63-90b-102. Definitions.
18814 As used in this chapter:
18815 (1) "Free exercise of religion" means an act or refusal to act that is substantially
18816 motivated by sincere religious belief, whether or not the act or refusal is compulsory or central
18817 to a larger system of religious belief, and includes the use, building, or conversion of real
18818 property for the purpose of religious exercise.
18819 (2) "Government entity" means the state, a county, a municipality, a higher education
18820 institution, a [special] local district, a special service district, any other political subdivision of
18821 the state, or any administrative subunit of any of them.
18822 (3) "Land use regulation" means any state or local law or ordinance, whether statutory
18823 or otherwise, that limits or restricts a person's use or development of land or a structure affixed
18824 to land.
18825 (4) "Person" means any individual, partnership, corporation, or other legal entity that
18826 owns an interest in real property.
18827 Section 442. Section 63-91-102 is amended to read:
18828 63-91-102. Definitions.
18829 As used in this chapter:
18830 (1) "Agency head" means a cabinet officer, an elected official, an executive director, or
18831 a board or commission vested with responsibility to administer or make policy for a state
18832 agency.
18833 (2) "Agency internal audit director" or "audit director" means the person appointed by
18834 the agency head, with the approval of the audit committee if one has been established, to direct
18835 the internal audit function for the state agency.
18836 (3) "Appointing authority" means:
18837 (a) the governor, for state agencies;
18838 (b) the Judicial Council, for judicial branch agencies;
18839 (c) the Board of Regents, for higher education entities; and
18840 (d) the State Board of Education, for the State Office of Education.
18841 (4) "Audit committee" means a standing committee whose members are appointed by
18842 an appointing authority:

18843 (a) from members of the agency governing board; and
18844 (b) from individuals who do not have administrative responsibilities within the agency
18845 who have the expertise to provide effective oversight of and advice about internal audit
18846 activities and services.
18847 (5) "Audit plan" means a list of audits to be performed by the internal audit
18848 organization within a specified period of time.
18849 (6) "Agency governing board" is any board or commission that has policy making and
18850 oversight responsibility over the agency, including the authority to appoint and remove the
18851 agency director.
18852 (7) "Higher education entity" means the board of regents, the institutional councils of
18853 each higher education institution, and each higher education institution.
18854 (8) "Internal audit" means an independent appraisal activity established within a state
18855 agency as a control system to examine and evaluate the adequacy and effectiveness of other
18856 control systems within the agency.
18857 (9) "Judicial branch agency" means each administrative entity of the judicial branch.
18858 (10) (a) "State agency" means:
18859 (i) each department, commission, board, council, agency, institution, officer,
18860 corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel,
18861 or other administrative unit of the state; and
18862 (ii) each state public education entity.
18863 (b) "State agency" does not mean:
18864 (i) a legislative branch agency;
18865 (ii) an independent agency;
18866 (iii) a county, municipality, school district, [or special] local district, or special service
18867 district; or
18868 (iv) any administrative subdivision of a county, municipality, school district, [or
18869 special] local district, or special service district.
18870 Section 443. Section 63-93-102 is amended to read:
18871 63-93-102. Definitions.
18872 As used in this chapter:
18873 (1) "Attribution" means to be responsible for the truth, correctness, and accuracy of a

18874 report.
18875 (2) "Chief executive officer" means:
18876 (a) the governor, for the state;
18877 (b) the chair of the county commission or the county executive, for a county; and
18878 (c) the mayor, for a municipality, or if governed under a council-manager form of
18879 government, the chair of the council.
18880 (3) "Government entity" includes the state, its agencies and institutions, each county,
18881 municipality, school district, [and special] local district, and special service district in Utah.
18882 (4) "Promotional literature" means reports whose primary or secondary purpose is to
18883 provide nonresidents with information about the government entity that produced the report.
18884 (5) (a) "Report" means each account, statement, record of proceedings, summary of
18885 activities, and other written or printed document required by statute that is prepared or
18886 produced by a government entity that is distributed to the public.
18887 (b) "Report" does not mean written or printed documents whose primary purpose is to
18888 provide biographical information about government officials.
18889 Section 444. Section 63-96-102 is amended to read:
18890 63-96-102. Definitions.
18891 As used in this chapter:
18892 (1) (a) "Contribution" means any of the following:
18893 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
18894 value to a fund;
18895 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
18896 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
18897 anything of value to a fund; or
18898 (iii) any transfer of funds from another elected official or surrogate to the filing elected
18899 official's or surrogate's fund.
18900 (b) "Contribution" does not include money lent to the elected official or surrogate by a
18901 financial institution in the ordinary course of business.
18902 (2) "Disbursement" means monies, transfers, or other withdrawals from a fund for any
18903 purpose.
18904 (3) "Elected official" means each person elected to a state office, county office,

18905 municipal office, school board or school district office, [or special] local district office, or
18906 special service district office, but does not include judges standing for retention election.
18907 (4) (a) "Fund" means any sum of money or other resources, however titled or
18908 described, that is segregated, designated, or set aside for the use or benefit of an elected
18909 official.
18910 (b) "Fund" does not mean:
18911 (i) an elected official's or surrogate's private money or public money; or
18912 (ii) campaign funds or accounts established by candidates under the authority of Title
18913 20A, Chapter 11, Part 2, State Office Candidates -- Campaign Organization and Financial
18914 Reporting Requirements, Title 20A, Chapter 11, Part 3, Candidates for Legislative Office --
18915 Campaign Organization and Financial Reporting Requirements, and Title 20A, Chapter 11,
18916 Part 4, Officeholder Financial Reporting Requirement.
18917 (5) "Private money" means personal monies used to pay normal expenses for which an
18918 elected official or surrogate is personally liable for state and federal taxes.
18919 (6) "Public money" means monies controlled by an elected official or surrogate in their
18920 public capacity that are accounted for by a governmental entity.
18921 (7) "Surrogate" means any committee, party, organization, or other person or group
18922 who holds or maintains a fund for the benefit of an elected official.
18923 Section 445. Section 63A-9-401 is amended to read:
18924 63A-9-401. Division -- Duties.
18925 (1) The division shall:
18926 (a) perform all administrative duties and functions related to management of state
18927 vehicles;
18928 (b) coordinate all purchases of state vehicles;
18929 (c) establish one or more fleet automation and information systems for state vehicles;
18930 (d) make rules establishing requirements for:
18931 (i) maintenance operations for state vehicles;
18932 (ii) use requirements for state vehicles;
18933 (iii) fleet safety and loss prevention programs;
18934 (iv) preventative maintenance programs;
18935 (v) procurement of state vehicles, including vehicle standards, alternative fuel vehicle

18936 requirements, short-term lease programs, equipment installation, and warranty recovery
18937 programs;
18938 (vi) fuel management programs;
18939 (vii) cost management programs;
18940 (viii) business and personal use practices, including commute standards;
18941 (ix) cost recovery and billing procedures;
18942 (x) disposal of state vehicles;
18943 (xi) reassignment of state vehicles and reallocation of vehicles throughout the fleet;
18944 (xii) standard use and rate structures for state vehicles; and
18945 (xiii) insurance and risk management requirements;
18946 (e) establish a parts inventory;
18947 (f) create and administer a fuel dispensing services program that meets the
18948 requirements of Subsection (2);
18949 (g) emphasize customer service when dealing with agencies and agency employees;
18950 (h) conduct an annual audit of all state vehicles for compliance with division
18951 requirements;
18952 (i) before charging a rate, fee, or other amount to an executive branch agency, or to a
18953 subscriber of services other than an executive branch agency:
18954 (i) submit the proposed rates, fees, and cost analysis to the Rate Committee established
18955 in Section 63A-1-114 ; and
18956 (ii) obtain the approval of the Legislature as required by Section 63-38-3.5 ; and
18957 (j) conduct a market analysis by July 1, 2005, and periodically thereafter, of proposed
18958 rates and fees, which analysis shall include a comparison of the division's rates and fees with
18959 the fees of other public or private sector providers where comparable services and rates are
18960 reasonably available.
18961 (2) The division shall operate a fuel dispensing services program in a manner that:
18962 (a) reduces the risk of environmental damage and subsequent liability for leaks
18963 involving state-owned underground storage tanks;
18964 (b) eliminates fuel site duplication and reduces overall costs associated with fuel
18965 dispensing;
18966 (c) provides efficient fuel management and efficient and accurate accounting of

18967 fuel-related expenses;
18968 (d) where practicable, privatizes portions of the state's fuel dispensing system;
18969 (e) provides central planning for fuel contingencies;
18970 (f) establishes fuel dispensing sites that meet geographical distribution needs and that
18971 reflect usage patterns;
18972 (g) where practicable, uses alternative sources of energy; and
18973 (h) provides safe, accessible fuel supplies in an emergency.
18974 (3) The division shall:
18975 (a) ensure that the state and each of its agencies comply with state and federal law and
18976 state and federal rules and regulations governing underground storage tanks;
18977 (b) coordinate the installation of new state-owned underground storage tanks and the
18978 upgrading or retrofitting of existing underground storage tanks; and
18979 (c) ensure that counties, municipalities, school districts, [and special] local districts,
18980 and special service districts subscribing to services provided by the division sign a contract
18981 that:
18982 (i) establishes the duties and responsibilities of the parties;
18983 (ii) establishes the cost for the services; and
18984 (iii) defines the liability of the parties.
18985 (4) The executive director of the Department of Administrative Services may make
18986 rules governing fuel dispensing according to the procedures and requirements of Title 63,
18987 Chapter 46a, Utah Administrative Rulemaking Act.
18988 (5) (a) (i) Each state agency and each higher education institution shall subscribe to the
18989 fuel dispensing services provided by the division.
18990 (ii) A state agency may not provide or subscribe to any other fuel dispensing services,
18991 systems, or products other than those provided by the division.
18992 (b) Counties, municipalities, school districts, [special] local districts, special service
18993 districts, and federal agencies may subscribe to the fuel dispensing services provided by the
18994 division if:
18995 (i) the county or municipal legislative body, the school district, or the [special] local
18996 district or special service district board recommends that the county, municipality, school
18997 district, [or special] local district, or special service district subscribe to the fuel dispensing

18998 services of the division; and
18999 (ii) the division approves participation in the program by that government unit.
19000 (6) The director, with the approval of the executive director, may delegate functions to
19001 institutions of higher education, by contract or other means authorized by law, if:
19002 (a) the agency or institution of higher education has requested the authority;
19003 (b) in the judgment of the director, the state agency or institution has the necessary
19004 resources and skills to perform the delegated responsibilities; and
19005 (c) the delegation of authority is in the best interest of the state and the function
19006 delegated is accomplished according to provisions contained in law or rule.
19007 Section 446. Section 63C-7-103 is amended to read:
19008 63C-7-103. Definitions.
19009 As used in this chapter:
19010 (1) "Board" means the Utah Communications Agency Network Board created in
19011 Section 63C-7-201 .
19012 (2) "Bonds" means bonds, notes, certificates, debentures, contracts, lease purchase
19013 agreements, or other evidences of indebtedness or borrowing issued or incurred by the Utah
19014 Communications Agency Network pursuant to this chapter.
19015 (3) "Communications network" means a regional or statewide public safety
19016 governmental communications network and related facilities, including real property,
19017 improvements, and equipment necessary for the acquisition, construction, and operation of the
19018 services and facilities.
19019 (4) "Effective date" means the first date after which the Utah Communications Agency
19020 Network is officially created and shall be the first date after which:
19021 (a) at least ten public agencies have submitted to the Utah Communications Agency
19022 Network office the membership resolutions required to become a member; and
19023 (b) the governor has appointed the four state representatives to the executive
19024 committee.
19025 (5) "Executive Committee" means the administrative body of the Utah
19026 Communications Agency Network created in Section 63C-7-205 .
19027 (6) "Lease" means any lease, lease purchase, sublease, operating, management, or
19028 similar agreement.

19029 (7) "Member" means a public agency which:
19030 (a) adopts a membership resolution to be included within the Utah Communications
19031 Agency Network; and
19032 (b) submits an originally executed copy of an authorizing resolution to the Utah
19033 Communications Agency Network office.
19034 (8) "Member representative" means a person or that person's designee appointed by the
19035 governing body of each member.
19036 (9) "Public agency" means any political subdivision of the state, including cities,
19037 towns, counties, school districts, [and special] local districts, and special service districts,
19038 dispatched by a public safety answering point.
19039 (10) "Public safety answering point" means an organization, entity, or combination of
19040 entities which have joined together to form a central answering point for the receipt,
19041 management, and dissemination to the proper responding agency, of emergency and
19042 nonemergency communications, including 911 calls, police, fire, emergency medical,
19043 transportation, parks, wildlife, corrections, and any other governmental communications.
19044 (11) "State" means the state of Utah.
19045 (12) "State representative" means:
19046 (a) the four appointees of the governor or their designees; and
19047 (b) the Utah State Treasurer or his designee.
19048 Section 447. Section 63D-2-102 is amended to read:
19049 63D-2-102. Definitions.
19050 As used in this chapter:
19051 (1) (a) "Collect" means the gathering of personally identifiable information:
19052 (i) from a user of a governmental website; or
19053 (ii) about a user of the governmental website.
19054 (b) "Collect" includes use of any identifying code linked to a user of a governmental
19055 website.
19056 (2) "Court website" means a website on the Internet that is operated by or on behalf of
19057 any court created in Title 78, Judicial Code.
19058 (3) "Governmental entity" means:
19059 (a) an executive branch agency as defined in Section 63D-1a-102 ;

19060 (b) the legislative branch;
19061 (c) the judicial branch;
19062 (d) the State Board of Education;
19063 (e) the Board of Regents;
19064 (f) an institution of higher education; and
19065 (g) a political subdivision of the state:
19066 (i) as defined in Section [ 17B-2-101 ] 17B-1-102 ; and
19067 (ii) including a school district.
19068 (4) (a) "Governmental website" means a website on the Internet that is operated by or
19069 on behalf of a governmental entity.
19070 (b) "Governmental website" includes a court website.
19071 (5) "Governmental website operator" means a governmental entity or person acting on
19072 behalf of the governmental entity that:
19073 (a) operates a governmental website; and
19074 (b) collects or maintains personally identifiable information from or about a user of that
19075 website.
19076 (6) "Personally identifiable information" means information that identifies:
19077 (a) a user by:
19078 (i) name;
19079 (ii) account number;
19080 (iii) physical address;
19081 (iv) email address;
19082 (v) telephone number;
19083 (vi) Social Security number;
19084 (vii) credit card information; or
19085 (viii) bank account information;
19086 (b) a user as having requested or obtained specific materials or services from a
19087 governmental website;
19088 (c) Internet sites visited by a user; or
19089 (d) any of the contents of a user's data-storage device.
19090 (7) "User" means a person who accesses a governmental website.

19091 Section 448. Section 63E-1-102 is amended to read:
19092 63E-1-102. Definitions.
19093 As used in this title:
19094 (1) "Authorizing statute" means the statute creating an entity as an independent entity.
19095 (2) "Committee" means the Retirement and Independent Entities Committee created in
19096 Section 63E-1-201 .
19097 (3) "Independent corporation" means a corporation incorporated in accordance with
19098 Chapter 2, Independent Corporations Act.
19099 (4) (a) "Independent entity" means an entity having a public purpose relating to the
19100 state or its citizens that is individually created by the state or is given by the state the right to
19101 exist and conduct its affairs as an:
19102 (i) independent state agency; or
19103 (ii) independent corporation.
19104 (b) "Independent entity" includes the:
19105 (i) Dairy Commission created in Title 4, Chapter 22, Dairy Promotion Act;
19106 (ii) Heber Valley Railroad Authority created in Title 9, Chapter 3, Part 3, Heber Valley
19107 Historic Railroad Authority;
19108 (iii) Utah Science Center Authority created in Title 9, Chapter 3, Part 4, Utah Science
19109 Center Authority;
19110 (iv) Utah Housing Corporation created in Title 9, Chapter 4, Part 9, Utah Housing
19111 Corporation Act;
19112 (v) Utah State Fair Corporation created in Title 9, Chapter 4, Part 11, Utah State Fair
19113 Corporation Act;
19114 (vi) Workers' Compensation Fund created in Title 31A, Chapter 33, Workers'
19115 Compensation Fund;
19116 (vii) Utah State Retirement Office created in Title 49, Chapter 11, Utah State
19117 Retirement Systems Administration;
19118 (viii) School and Institutional Trust Lands Administration created in Title 53C, Chapter
19119 1, Part 2, School and Institutional Trust Lands Administration;
19120 (ix) Utah Communications Agency Network created in Title 63C, Chapter 7, Utah
19121 Communications Agency Network Act; and

19122 (x) Utah Capital Investment Corporation created in Title 63, Chapter 38f, Part 12, Utah
19123 Venture Capital Enhancement Act.
19124 (c) Notwithstanding this Subsection (4), "independent entity" does not include:
19125 (i) the Public Service Commission of Utah created in Section 54-1-1 ;
19126 (ii) an institution within the state system of higher education;
19127 (iii) a city, county, or town;
19128 (iv) a local school district;
19129 [(v) a special district created under the authority of Title 17A, Special Districts; or]
19130 [(vi)] (v) a local district [created] under [the authority of] Title 17B, Limited Purpose
19131 Local Government Entities[.] - Local Districts; or
19132 (vi) a special service district under Title 17A, Chapter 2, Part 13, Utah Special Service
19133 District Act.
19134 (5) "Independent state agency" means an entity that is created by the state, but is
19135 independent of the governor's direct supervisory control.
19136 (6) "Monies held in trust" means monies maintained for the benefit of:
19137 (a) one or more private individuals, including public employees;
19138 (b) one or more public or private entities; or
19139 (c) the owners of a quasi-public corporation.
19140 (7) "Public corporation" means an artificial person, public in ownership, individually
19141 created by the state as a body politic and corporate for the administration of a public purpose
19142 relating to the state or its citizens.
19143 (8) "Quasi-public corporation" means an artificial person, private in ownership,
19144 individually created as a corporation by the state which has accepted from the state the grant of
19145 a franchise or contract involving the performance of a public purpose relating to the state or its
19146 citizens.
19147 Section 449. Section 63F-1-507 is amended to read:
19148 63F-1-507. State Geographic Information Database.
19149 (1) There is created a State Geographic Information Database to be managed by the
19150 center.
19151 (2) The database shall:
19152 (a) serve as the central reference for all information contained in any GIS database by

19153 any state agency;
19154 (b) serve as a clearing house and repository for all data layers required by multiple
19155 users;
19156 (c) serve as a standard format for geographic information acquired, purchased, or
19157 produced by any state agency; and
19158 (d) include an accurate representation of all civil subdivision boundaries of the state.
19159 (3) Each state agency that acquires, purchases, or produces digital geographic
19160 information data shall:
19161 (a) inform the center of the existence of the data layers and their geographic extent;
19162 (b) allow the center access to all data classified public; and
19163 (c) comply with any database requirements established by the center.
19164 (4) At least annually, the State Tax Commission shall deliver to the center information
19165 the State Tax Commission receives under Sections 10-1-116 , 11-13-204 , 11-13-205 , 17-2-4 ,
19166 17-2-9 , 17-3-3 , [ 17A-1-102 , 17B-2-215 ] 17B-1-215 , and 17C-1-201 relating to the creation or
19167 modification of the boundaries of the political subdivisions that are the subject of those
19168 sections.
19169 Section 450. Section 67-1a-6.5 is amended to read:
19170 67-1a-6.5. Lieutenant governor certification of governmental entity creation,
19171 consolidation, division, dissolution, or boundary change.
19172 (1) As used in this section:
19173 (a) "AGRC" means the Automated Geographic Reference Center created under Section
19174 63F-1-506 .
19175 (b) "Boundary change" means the adjustment of an entity's boundary either through
19176 gaining territory (annexation), losing territory (withdrawal), adjusting the common boundary
19177 with an adjacent entity (may gain territory, lose territory, or a combination of both gaining and
19178 losing territory), or any other adjustment of the entity's boundary.
19179 (c) "Consolidation" means the combining of two or more entities into a single entity
19180 such that the consolidated entity's boundary contains all of the territory of the original entities,
19181 but no additional territory.
19182 (d) "County attorney" means the county attorney of each county which contains any
19183 part of the area affected by the entity creation, consolidation, division, dissolution, or boundary

19184 change.
19185 (e) (i) "County auditor" means the county auditor of each county which contains any
19186 part of the area affected by the entity creation, consolidation, division, dissolution, or boundary
19187 change.
19188 (ii) If the county does not have a county auditor, "county auditor" means the county
19189 clerk or other government official acting as the county auditor.
19190 (f) "County recorder" means the county recorder of each county which contains any
19191 part of the area affected by the entity creation, consolidation, division, dissolution, or boundary
19192 change.
19193 (g) "County surveyor" means the county surveyor of each county which contains any
19194 part of the area affected by the entity creation, consolidation, division, dissolution, or boundary
19195 change.
19196 (h) "Creation" means the forming of a new entity where that entity did not exist before
19197 its creation.
19198 (i) "Dissolution" means the disbandment of an entity.
19199 (j) "Division" means the dividing of one entity into two or more entities such that the
19200 original entity's boundary contains all of the territory of the resultant entities, but no additional
19201 territory.
19202 (k) "Entity" means the entity that is created, consolidated, divided, dissolved, or whose
19203 boundary is changed.
19204 (l) "Initiating body" means the county legislative body, municipal legislative body,
19205 [special district board,] local district or special service district board, court, public official, or
19206 other authorized person that initiates the creation, dissolution, consolidation, or boundary
19207 change of an entity or entities.
19208 (m) "Notice of entity boundary change" means the notice the lieutenant governor
19209 receives under Subsection 10-1-116 (1), 10-2-419 (4), 10-2-425 (1), 10-2-507 (1), 17-2-9 (2),
19210 17-2-13 (3), 17-50-104 (3), 17-50-105 (1)(b) or (2)(e), 17A-2-1327 (4), [ 17B-2-514 ]
19211 17B-1-414 (2), [ 17B-2-516 ] 17B-1-417 (6), [ 17B-2-610 ] 17B-1-512 (1), or 53A-2-101.5 (1) of an
19212 entity's pending boundary change.
19213 (n) "Notice of entity consolidation" means the notice the lieutenant governor receives
19214 under Section 10-2-610 or Subsection 10-1-116 (1) or 17-2-4 (2) of entities' pending

19215 consolidation.
19216 (o) "Notice of entity creation" means the notice the lieutenant governor receives under
19217 Subsection 10-1-116 (1), 10-2-119 (1), 10-2-125 (6), 11-13-204 (4), 11-13-205 (6),
19218 17A-2-1311 (2), [ 17B-2-215 ] 17B-1-215 (1), 17C-1-201 (2), or 53A-2-101.5 (1) of an entity's
19219 pending creation.
19220 (p) "Notice of entity dissolution" means the notice the lieutenant governor receives
19221 under Subsection 10-1-116 (1), 10-2-712 (2), 17A-2-1329 (3), [ 17B-2-708 ] 17B-1-1308 (4), or
19222 17C-1-701 (2)(a) of an entity's pending dissolution.
19223 (q) "Notice of entity division" means the notice the lieutenant governor receives under
19224 Subsection 17-3-3 (3) of an entity's pending division.
19225 (r) "Notice of intention to file articles of incorporation" means the notice the lieutenant
19226 governor receives under Subsection 10-2-120 (1).
19227 (s) "Lieutenant governor" means the lieutenant governor created in Article VII, Section
19228 1 of the Utah Constitution.
19229 (t) "State auditor" means the state auditor created in Article VII, Section 1 of the Utah
19230 Constitution.
19231 (u) "State Tax Commission" means the State Tax Commission created in Article XIII,
19232 Section 6 of the Utah Constitution.
19233 (2) Within ten days after receiving a notice of entity creation, the lieutenant governor
19234 shall:
19235 (a) issue a certificate of entity creation;
19236 (b) (i) send a copy of the certificate issued under Subsection (2)(a) and a copy of the
19237 notice of entity creation, including the accompanying map or legal description, to the State Tax
19238 Commission, AGRC, county recorder, county surveyor, county auditor, and county attorney;
19239 and
19240 (ii) send a copy of the certificate issued under Subsection (2)(a) to the state auditor; and
19241 (c) send to the initiating body a copy of the certificate issued under Subsection (2)(a)
19242 and a statement indicating completion of Subsection (2)(b).
19243 (3) Within ten days after receiving a notice of intention to file articles of incorporation,
19244 the lieutenant governor shall:
19245 (a) issue a certificate indicating receipt of a notice of intention to file articles of

19246 incorporation;
19247 (b) (i) send a copy of the certificate issued under Subsection (3)(a) and a copy of the
19248 notice of intention to file articles of incorporation, including the accompanying map or legal
19249 description, to the State Tax Commission, AGRC, county recorder, county surveyor, county
19250 auditor, and county attorney; and
19251 (ii) send a copy of the certificate issued under Subsection (3)(a) to the state auditor; and
19252 (c) send to the initiating body a copy of the certificate issued under Subsection (3)(a)
19253 and a statement indicating completion of Subsection (3)(b).
19254 (4) Within ten days after receiving a notice of entity consolidation, the lieutenant
19255 governor shall:
19256 (a) issue a certificate of entity consolidation;
19257 (b) (i) send a copy of the certificate issued under Subsection (4)(a) and a copy of the
19258 notice of entity consolidation to the State Tax Commission, AGRC, county recorder, county
19259 surveyor, county auditor, and county attorney; and
19260 (ii) send a copy of the certificate issued under Subsection (4)(a) to the state auditor; and
19261 (c) send to the initiating body and the entities being consolidated, if different from the
19262 initiating body, a copy of the certificate issued under Subsection (4)(a) and a statement
19263 indicating completion of Subsection (4)(b).
19264 (5) Within ten days after receiving a notice of entity division, the lieutenant governor
19265 shall:
19266 (a) issue a certificate of entity division;
19267 (b) (i) send a copy of the certificate issued under Subsection (5)(a) and a copy of the
19268 notice of entity consolidation, including the accompanying map or legal description, to the
19269 State Tax Commission, AGRC, county recorder, county surveyor, county auditor, and county
19270 attorney; and
19271 (ii) send a copy of the certificate issued under Subsection (5)(a) to the state auditor; and
19272 (c) send to the initiating body a copy of the certificate issued under Subsection (5)(a)
19273 and a statement indicating completion of Subsection (5)(b).
19274 (6) Within ten days after receiving a notice of entity dissolution, the lieutenant
19275 governor shall:
19276 (a) issue a certificate of entity dissolution;

19277 (b) (i) send a copy of the certificate issued under Subsection (6)(a) and a copy of the
19278 notice of entity dissolution to the State Tax Commission, AGRC, county recorder, county
19279 surveyor, county auditor, and county attorney; and
19280 (ii) send a copy of the certificate issued under Subsection (6)(a) to the state auditor; and
19281 (c) send to the initiating body and the entity being dissolved, if different than the
19282 initiating body, a copy of the certificate issued under Subsection (6)(a) and a statement
19283 indicating completion of Subsection (6)(b).
19284 (7) Within ten days after receiving a notice of entity boundary change, the lieutenant
19285 governor shall:
19286 (a) issue a certificate of entity boundary change;
19287 (b) send a copy of the certificate issued under Subsection (7)(a) and a copy of the
19288 notice of entity boundary change, including the accompanying map or legal description, to the
19289 State Tax Commission, AGRC, county recorder, county surveyor, county auditor, and county
19290 attorney; and
19291 (c) send to the initiating body or bodies, and each entity whose boundary is changed, if
19292 different than the initiating body, a copy of the certificate issued under Subsection (7)(a) and a
19293 statement indicating completion of Subsection (7)(b).
19294 (8) (a) The lieutenant governor shall keep, index, maintain, and make available to the
19295 public certificates, notices, maps, and other documents necessary in performing the duties of
19296 Subsections (2) through (7).
19297 (b) The lieutenant governor shall furnish a certified copy of documents to any person
19298 who requests a certified copy.
19299 (c) The lieutenant governor may charge a reasonable fee for copies of documents or
19300 certified copies of documents.
19301 Section 451. Section 67-3-1 is amended to read:
19302 67-3-1. Functions and duties.
19303 (1) (a) The state auditor is the auditor of public accounts and is independent of any
19304 executive or administrative officers of the state.
19305 (b) The state auditor is not limited in the selection of personnel or in the determination
19306 of the reasonable and necessary expenses of his office.
19307 (2) The state auditor shall examine and certify annually in respect to each fiscal year,

19308 financial statements showing:
19309 (a) the condition of the state's finances;
19310 (b) the revenues received or accrued;
19311 (c) expenditures paid or accrued;
19312 (d) the amount of unexpended or unencumbered balances of the appropriations to the
19313 agencies, departments, divisions, commissions, and institutions; and
19314 (e) the cash balances of the funds in the custody of the state treasurer.
19315 (3) (a) The state auditor shall:
19316 (i) audit each permanent fund, each special fund, the General Fund, and the accounts of
19317 any department of state government or any independent agency or public corporation as the law
19318 requires, as the auditor determines is necessary, or upon request of the governor or the
19319 Legislature;
19320 (ii) perform the audits in accordance with generally accepted auditing standards and
19321 other auditing procedures as promulgated by recognized authoritative bodies;
19322 (iii) as the auditor determines is necessary, conduct the audits to determine:
19323 (A) honesty and integrity in fiscal affairs;
19324 (B) accuracy and reliability of financial statements;
19325 (C) effectiveness and adequacy of financial controls; and
19326 (D) compliance with the law.
19327 (b) If any state entity receives federal funding, the state auditor shall ensure that the
19328 audit is performed in accordance with federal audit requirements.
19329 (c) (i) The costs of the federal compliance portion of the audit may be paid from an
19330 appropriation to the state auditor from the General Fund.
19331 (ii) If an appropriation is not provided, or if the federal government does not
19332 specifically provide for payment of audit costs, the costs of the federal compliance portions of
19333 the audit shall be allocated on the basis of the percentage that each state entity's federal funding
19334 bears to the total federal funds received by the state.
19335 (iii) The allocation shall be adjusted to reflect any reduced audit time required to audit
19336 funds passed through the state to local governments and to reflect any reduction in audit time
19337 obtained through the use of internal auditors working under the direction of the state auditor.
19338 (4) (a) Except as provided in Subsection (4)(b), the state auditor shall, in addition to

19339 financial audits, and as the auditor determines is necessary, conduct performance and special
19340 purpose audits, examinations, and reviews of any entity that receives public funds, including a
19341 determination of any or all of the following:
19342 (i) the honesty and integrity of all its fiscal affairs;
19343 (ii) whether or not its administrators have faithfully complied with legislative intent;
19344 (iii) whether or not its operations have been conducted in an efficient, effective, and
19345 cost-efficient manner;
19346 (iv) whether or not its programs have been effective in accomplishing the intended
19347 objectives; and
19348 (v) whether or not its management, control, and information systems are adequate and
19349 effective.
19350 (b) The auditor may not conduct performance and special purpose audits,
19351 examinations, and reviews of any entity that receives public funds if the entity:
19352 (i) has an elected auditor; and
19353 (ii) has, within the entity's last budget year, had its financial statements or performance
19354 formally reviewed by another outside auditor.
19355 (5) The state auditor shall administer any oath or affirmation necessary to the
19356 performance of the duties of the auditor's office, and may subpoena witnesses and documents,
19357 whether electronic or otherwise, and examine into any matter that the auditor considers
19358 necessary.
19359 (6) The state auditor may require all persons who have had the disposition or
19360 management of any property of this state or its political subdivisions to submit statements
19361 regarding it at the time and in the form that the auditor requires.
19362 (7) The state auditor shall:
19363 (a) except where otherwise provided by law, institute suits in Salt Lake County in
19364 relation to the assessment, collection, and payment of its revenues against:
19365 (i) persons who by any means have become entrusted with public monies or property
19366 and have failed to pay over or deliver those monies or property; and
19367 (ii) all debtors of the state;
19368 (b) collect and pay into the state treasury all fees received by the state auditor;
19369 (c) perform the duties of a member of all boards of which the state auditor is a member

19370 by the constitution or laws of the state, and any other duties that are prescribed by the
19371 constitution and by law;
19372 (d) stop the payment of the salary of any state official or state employee who:
19373 (i) refuses to settle accounts or provide required statements about the custody and
19374 disposition of public funds or other state property;
19375 (ii) refuses, neglects, or ignores the instruction of the state auditor or any controlling
19376 board or department head with respect to the manner of keeping prescribed accounts or funds;
19377 or
19378 (iii) fails to correct any delinquencies, improper procedures, and errors brought to the
19379 official's or employee's attention;
19380 (e) establish accounting systems, methods, and forms for public accounts in all taxing
19381 or fee-assessing units of the state in the interest of uniformity, efficiency, and economy;
19382 (f) superintend the contractual auditing of all state accounts;
19383 (g) subject to Subsection (8), withhold state allocated funds or the disbursement of
19384 property taxes from any state taxing or fee-assessing unit, if necessary, to ensure that officials
19385 and employees in those taxing units of the state comply with state laws and procedures in the
19386 budgeting, expenditures, and financial reporting of public funds; and
19387 (h) subject to Subsection (9), withhold the disbursement of tax monies from any
19388 county, if necessary, to ensure that officials and employees in the county comply with Section
19389 59-2-303.1 .
19390 (8) Except as otherwise provided by law, the state auditor may not withhold funds
19391 under Subsection (7)(g) until a taxing or fee-assessing unit has received formal written notice
19392 of noncompliance from the auditor and has been given 60 days to make the specified
19393 corrections.
19394 (9) The state auditor may not withhold funds under Subsection (7)(h) until a county has
19395 received formal written notice of noncompliance from the auditor and has been given 60 days
19396 to make the specified corrections.
19397 (10) The state auditor shall:
19398 (a) establish audit guidelines and procedures for audits of local mental health and
19399 substance abuse authorities and their contract providers, conducted pursuant to Title 17,
19400 Chapter 43, Parts 2, Local Substance Abuse Authorities and 3, Local Mental Health

19401 Authorities, Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal
19402 Organizations, and Other Local Entities Act, and Title 62A, Chapter 15, Substance Abuse and
19403 Mental Health Act; and
19404 (b) ensure that those guidelines and procedures provide assurances to the state that:
19405 (i) state and federal funds appropriated to local mental health authorities are used for
19406 mental health purposes;
19407 (ii) a private provider under an annual or otherwise ongoing contract to provide
19408 comprehensive mental health programs or services for a local mental health authority is in
19409 compliance with state and local contract requirements, and state and federal law;
19410 (iii) state and federal funds appropriated to local substance abuse authorities are used
19411 for substance abuse programs and services; and
19412 (iv) a private provider under an annual or otherwise ongoing contract to provide
19413 comprehensive substance abuse programs or services for a local substance abuse authority is in
19414 compliance with state and local contract requirements, and state and federal law.
19415 (11) The state auditor may, in accordance with the auditor's responsibilities for political
19416 subdivisions of the state as provided in Title 51, Chapter 2a, Accounting Reports from Political
19417 Subdivisions, Interlocal Organizations, and Other Local Entities Act, initiate audits or
19418 investigations of any political subdivision that are necessary to determine honesty and integrity
19419 in fiscal affairs, accuracy and reliability of financial statements, effectiveness, and adequacy of
19420 financial controls and compliance with the law.
19421 (12) (a) The state auditor may not audit work that the state auditor performed before
19422 becoming state auditor.
19423 (b) If the state auditor has previously been a responsible official in state government
19424 whose work has not yet been audited, the Legislature shall:
19425 (i) designate how that work shall be audited; and
19426 (ii) provide additional funding for those audits, if necessary.
19427 (13) The state auditor shall:
19428 (a) with the assistance, advice, and recommendations of an advisory committee
19429 appointed by the state auditor from among local district boards of trustees, officers, and
19430 employees and special service district boards, officers, and employees:
19431 (i) prepare a Uniform Accounting Manual for Local Districts that:

19432 (A) prescribes a uniform system of accounting and uniform budgeting and reporting
19433 procedures for local districts under Title 17B, Limited Purpose Local Government Entities -
19434 Local Districts, and special service districts under Title 17A, Chapter 2, Part 13, Utah Special
19435 Service District Act;
19436 (B) conforms with generally accepted accounting principles; and
19437 (C) prescribes reasonable exceptions and modifications for smaller districts to the
19438 uniform system of accounting, budgeting, and reporting;
19439 (ii) maintain the manual under Subsection (13)(a) so that it continues to reflect
19440 generally accepted accounting principles;
19441 (iii) conduct a continuing review and modification of procedures in order to improve
19442 them;
19443 (iv) prepare and supply each district with suitable budget and reporting forms; and
19444 (v) prepare instructional materials, conduct training programs, and render other
19445 services considered necessary to assist local districts and special service districts in
19446 implementing the uniform accounting, budgeting, and reporting procedures; and
19447 (b) continually analyze and evaluate the accounting, budgeting, and reporting practices
19448 and experiences of specific local districts and special service districts selected by the state
19449 auditor and make the information available to all districts.
19450 [(13)] (14) (a) The following records in the custody or control of the state auditor are
19451 protected records under Title 63, Chapter 2, Government Records Access and Management
19452 Act:
19453 (i) records that would disclose information relating to allegations of personal
19454 misconduct, gross mismanagement, or illegal activity of a past or present governmental
19455 employee if the information or allegation cannot be corroborated by the state auditor through
19456 other documents or evidence, and the records relating to the allegation are not relied upon by
19457 the state auditor in preparing a final audit report;
19458 (ii) records and audit workpapers to the extent they would disclose the identity of a
19459 person who during the course of an audit, communicated the existence of any waste of public
19460 funds, property, or manpower, or a violation or suspected violation of a law, rule, or regulation
19461 adopted under the laws of this state, a political subdivision of the state, or any recognized entity
19462 of the United States, if the information was disclosed on the condition that the identity of the

19463 person be protected;
19464 (iii) before an audit is completed and the final audit report is released, records or drafts
19465 circulated to a person who is not an employee or head of a governmental entity for their
19466 response or information;
19467 (iv) records that would disclose an outline or part of any audit survey plans or audit
19468 program; and
19469 (v) requests for audits, if disclosure would risk circumvention of an audit.
19470 (b) The provisions of Subsections [(13)] (14)(a)(i), (ii), and (iii) do not prohibit the
19471 disclosure of records or information that relate to a violation of the law by a governmental
19472 entity or employee to a government prosecutor or peace officer.
19473 (c) The provisions of this Subsection [(13)] (14) do not limit the authority otherwise
19474 given to the state auditor to classify a document as public, private, controlled, or protected
19475 under Title 63, Chapter 2, Government Records Access and Management Act.
19476 Section 452. Section 67-11-2 is amended to read:
19477 67-11-2. Definitions.
19478 For the purposes of this chapter:
19479 (a) "Wages" means all remuneration for employment as defined herein, including the
19480 cash value of all remuneration paid in any medium other than cash, except that such term shall
19481 not include "sick pay" as that term is defined in this section and shall not include that part of
19482 such remuneration which, even if it were for "employment" within the meaning of the Federal
19483 Insurance Contributions Act, would not constitute "wages" within the meaning of that act.
19484 (b) "Sick pay" means payments made to employees on account of sickness or accident
19485 disability under a sick leave plan of the type outlined in Subsections 209(b) and 209(d) of the
19486 Social Security Act.
19487 (c) "Employment" means any service performed by an employee in the employ of the
19488 state, or any political subdivision thereof, for such employer, except:
19489 (1) service which in the absence of an agreement entered into under this chapter would
19490 constitute "employment" as defined in the Social Security Act;
19491 (2) service which under the Social Security Act may not be included in an agreement
19492 between the state and federal security administrator entered into under this act;
19493 (3) services of an emergency nature, service in any class or classes of positions the

19494 compensation for which is on a fee basis, performed (A) by employees of the state, or (B) if so
19495 provided in the plan submitted under Section 67-11-5 , by a political subdivision of the state, by
19496 an employee of such subdivision;
19497 (4) services performed by students employed by a public school, college, or university
19498 at which they are enrolled and which they are attending on a full-time basis;
19499 (5) part-time services performed by election workers, i.e., judges of election and
19500 registrars; or
19501 (6) services performed by voluntary firemen, except when such services are
19502 prescheduled for a specific period of duty.
19503 (d) "Employee" includes an elective or appointive officer or employee of a state or
19504 political subdivision thereof.
19505 (e) "State agency" means the Division of Finance, referred to herein as the state agency.
19506 (f) "Federal security administrator" includes any individual to whom the federal
19507 security administrator has delegated any of his functions under the Social Security Act with
19508 respect to coverage under such act of employees of states and their political subdivisions.
19509 (g) "Political subdivision" includes an instrumentality of the state, of one or more of its
19510 political subdivisions, or of the state and one or more of its political subdivisions, including
19511 leagues or associations thereof, but only if such instrumentality is a juristic entity which is
19512 legally separate and distinct from the state or subdivision and only if its employees are not by
19513 virtue of their relation to such juristic entity employees of the state or subdivision. The term
19514 shall include [special] local districts, special service districts, or authorities created by the
19515 Legislature or local governments such as, but not limited to, mosquito abatement districts,
19516 sewer or water districts, and libraries.
19517 (h) "Social Security Act" means the Act of Congress approved August 14, 1935,
19518 Chapter 531, 49 Stat. 620, officially cited as the "Social Security Act," (including regulations
19519 and requirements issued pursuant thereto), as such act has been and may from time to time be
19520 amended.
19521 (i) "Federal Insurance Contributions Act" means Chapter 21 of the federal Internal
19522 Revenue Code as such Code may be amended.
19523 Section 453. Section 67-21-2 is amended to read:
19524 67-21-2. Definitions.

19525 As used in this chapter:
19526 (1) "Adverse action" means to discharge, threaten, or otherwise discriminate against an
19527 employee in any manner that affects the employee's employment, including compensation,
19528 terms, conditions, location, rights, immunities, promotions, or privileges.
19529 (2) "Communicate" means a verbal, written, broadcast, or other communicated report.
19530 (3) "Employee" means a person who performs a service for wages or other
19531 remuneration under a contract of hire, written or oral, express or implied.
19532 (4) (a) "Employer" means the employing state agency or political subdivision of the
19533 state.
19534 (b) "Employer" includes an agent of an employer.
19535 (5) "Public body" means any of the following:
19536 (a) a state officer, employee, agency, department, division, bureau, board, commission,
19537 council, authority, educational institution, or any other body in the executive branch of state
19538 government;
19539 (b) an agency, board, commission, council, institution member, or employee of the
19540 legislative branch of state government;
19541 (c) a county, city, town, regional governing body, council, school district, [special]
19542 local district, special service district, or municipal corporation, board, department, commission,
19543 council, agency, or any member or employee of them;
19544 (d) any other body that is created by state or local authority, or that is primarily funded
19545 by or through state or local authority, or any member or employee of that body;
19546 (e) a law enforcement agency or any member or employee of a law enforcement
19547 agency; and
19548 (f) the judiciary and any member or employee of the judiciary.
19549 Section 454. Section 71-8-1 is amended to read:
19550 71-8-1. Definitions.
19551 As used in this chapter:
19552 (1) "Council" means the Veterans' Advisory Council.
19553 (2) "Department" means the Utah National Guard.
19554 (3) "Director" means the director of the Division of Veterans' Affairs.
19555 (4) "Division" means the Division of Veterans' Affairs.

19556 (5) "Executive director" means the adjutant general of the Utah National Guard.
19557 (6) "Government entity" means the state and any county, municipality, [special] local
19558 district, special service district, and any other political subdivision or administrative unit of the
19559 state, including state institutions of education.
19560 (7) "Veteran" means:
19561 (a) an individual who has served on active duty in the armed forces for at least 180
19562 consecutive days or was a member of a reserve component, and who has been separated or
19563 retired under honorable conditions; or
19564 (b) any individual incurring an actual service-related injury or disability in the line of
19565 duty whether or not that person completed 180 days of active duty.
19566 Section 455. Section 71-10-1 is amended to read:
19567 71-10-1. Definitions.
19568 As used in this chapter:
19569 (1) "Active duty" means active military duty and does not include active duty for
19570 training, initial active duty for training, or inactive duty for training.
19571 (2) "Disabled veteran" means an individual who has:
19572 (a) been separated or retired from the armed forces under honorable conditions; and
19573 (b) established the existence of a service-connected disability or is receiving
19574 compensation, disability retirement benefits, or pension because of a public statute
19575 administered by the federal Department of Veterans Affairs or a military department.
19576 (3) "Government entity" means the state, any county, municipality, [special] local
19577 district, special service district, or any other political subdivision or administrative unit of the
19578 state, including state institutions of education.
19579 (4) "Preference eligible" means:
19580 (a) any individual who has served on active duty in the armed forces for more than 180
19581 consecutive days, or was a member of a reserve component who served in a campaign or
19582 expedition for which a campaign medal has been authorized and who has been separated under
19583 honorable conditions;
19584 (b) a disabled veteran with any percentage of disability;
19585 (c) the spouse or unmarried widow or widower of a veteran;
19586 (d) a purple heart recipient; or

19587 (e) a retired member of the armed forces who retired below the rank of major or its
19588 equivalent.
19589 (5) "Veteran" means:
19590 (a) an individual who has served on active duty in the armed forces for more than 180
19591 consecutive days, or was a member of a reserve component who served in a campaign or
19592 expedition for which a campaign medal has been authorized and who has been separated or
19593 retired under honorable conditions; or
19594 (b) any individual incurring an actual service-related injury or disability in the line of
19595 duty whether or not that person completed 180 consecutive days of active duty.
19596 Section 456. Section 72-1-208 is amended to read:
19597 72-1-208. Cooperation with counties, cities, towns, the federal government, and
19598 all state departments -- Inspection of work done by a public transit district.
19599 (1) The department shall cooperate with the counties, cities, and towns in the
19600 construction, maintenance, and use of the highways and in all related matters, and may provide
19601 services to the counties, cities, and towns on terms mutually agreed upon.
19602 (2) The department, with the approval of the governor, shall cooperate with the federal
19603 government in all federal-aid projects and with all state departments in all matters in
19604 connection with the use of the highways.
19605 (3) The department:
19606 (a) shall inspect all work done by a public transit district under Title 17B, Chapter 2a,
19607 Part 8, Public Transit District Act, relating to safety appliances and procedures; and
19608 (b) may make further additions or changes necessary for the purpose of safety to
19609 employees and the general public.
19610 Section 457. Section 72-1-303 is amended to read:
19611 72-1-303. Duties of commission.
19612 The commission has the following duties:
19613 (1) determining priorities and funding levels of projects in the state transportation
19614 systems for each fiscal year based on project lists compiled by the department;
19615 (2) determining additions and deletions to state highways under Chapter 4, Designation
19616 of State Highways Act;
19617 (3) holding public hearings and otherwise providing for public input in transportation

19618 matters;
19619 (4) making policies and rules in accordance with Title 63, Chapter 46a, Utah
19620 Administrative Rulemaking Act, necessary to perform the commission's duties described under
19621 this section;
19622 (5) in accordance with Section 63-46b-12 , reviewing orders issued by the executive
19623 director in adjudicative proceedings held in accordance with Title 63, Chapter 46b,
19624 Administrative Procedures Act;
19625 (6) advising the department in state transportation systems policy;
19626 (7) approving settlement agreements of condemnation cases subject to Section
19627 63-38b-401 ;
19628 (8) in accordance with Section [ 17A-2-1038 ] 17B-2a-807 , appointing a commissioner
19629 to serve as a nonvoting, ex officio member on the board of trustees of a public transit district;
19630 (9) in accordance with Section [ 17A-2-1039 ] 17B-2a-808 , reviewing, at least annually,
19631 the short-term and long-range public transit plans; and
19632 (10) reviewing administrative rules made, amended, or repealed by the department.
19633 Section 458. Section 72-2-201 is amended to read:
19634 72-2-201. Definitions.
19635 As used in this part:
19636 (1) "Fund" means the Transportation Infrastructure Loan Fund created under Section
19637 72-2-202 .
19638 (2) "Infrastructure assistance" means any use of fund moneys, except an infrastructure
19639 loan, to provide financial assistance for transportation projects, including to finance leases,
19640 fund reserves, make grants, make interest buy-down grants, leases, or loans obtained by a
19641 public entity to finance transportation projects.
19642 (3) "Infrastructure loan" means a loan of fund monies to finance a transportation
19643 project.
19644 (4) "Public entity" means a state agency, county, municipality, [special] local district,
19645 special service district, or an intergovernmental entity organized under state law.
19646 (5) "Transportation project" means a project to improve the state transportation systems
19647 and includes the costs of acquisition, construction, reconstruction, rehabilitation, equipping,
19648 and fixturing.

19649 Section 459. Section 72-10-601 is amended to read:
19650 72-10-601. Definitions.
19651 As used in this part:
19652 (1) "City" means a municipality of the first class, as defined under Section 10-2-301 ,
19653 that:
19654 (a) is authorized by statute to operate an airport; and
19655 (b) operates an airport with greater than ten million annual passengers.
19656 (2) "Division" means the Criminal Investigation and Technical Services Division of the
19657 Department of Public Safety, established in Section 53-10-103 .
19658 (3) "Ground transportation service" means transporting passengers for hire or as a
19659 courtesy in connection with a business over public streets pursuant to a license with the city.
19660 (4) (a) "Ground transportation service provider" means a driver who provides ground
19661 transportation service where the pickup or drop-off of a passenger occurs at an airport under a
19662 city's authority.
19663 (b) "Ground transportation service provider" includes:
19664 (i) a taxicab driver;
19665 (ii) a limousine or luxury car driver;
19666 (iii) a bus or minibus driver, except a driver of a transit vehicle, as defined in Section
19667 [ 17A-2-1004 ] 17B-2a-802 ;
19668 (iv) a courtesy vehicle or hotel vehicle driver;
19669 (v) a special transportation vehicle driver who transports disabled persons; and
19670 (vi) a van driver.
19671 Section 460. Section 73-1-4 is amended to read:
19672 73-1-4. Reversion to the public by abandonment or forfeiture for nonuse within
19673 five years -- Extension of time.
19674 (1) In order to further the state policy of securing the maximum use and benefit of its
19675 scarce water resources, a person entitled to the use of water has a continuing obligation to place
19676 all of a water right to beneficial use. The forfeiture of all or part of any right to use water for
19677 failure to place all or part of the water to beneficial use makes possible the allocation and use of
19678 water consistent with long established beneficial use concepts. The provisions of Subsections
19679 (2) through (6) shall be construed to carry out the purposes and policies set forth in this

19680 Subsection (1).
19681 (2) As used in this section, "public water supply entity" means an entity that supplies
19682 water as a utility service or for irrigation purposes and is also:
19683 (a) a municipality, water conservancy district, metropolitan water district, irrigation
19684 district [created under Section 17A-2-701.5 ], or other public agency;
19685 (b) a water company regulated by the Public Service Commission; or
19686 (c) any other owner of a community water system.
19687 (3) (a) When an appropriator or the appropriator's successor in interest abandons or
19688 ceases to use all or a portion of a water right for a period of five years, the water right or the
19689 unused portion of that water right ceases and the water reverts to the public, unless, before the
19690 expiration of the five-year period, the appropriator or the appropriator's successor in interest
19691 files a verified nonuse application with the state engineer.
19692 (b) (i) A nonuse application may be filed on all or a portion of the water right,
19693 including water rights held by mutual irrigation companies.
19694 (ii) Public water supply entities that own stock in a mutual water company, after giving
19695 written notice to the water company, may file nonuse applications with the state engineer on
19696 the water represented by the stock.
19697 (c) (i) A water right or a portion of the water right may not be forfeited unless a judicial
19698 action to declare the right forfeited is commenced within 15 years from the end of the latest
19699 period of nonuse of at least five years.
19700 (ii) If forfeiture is asserted in an action for general determination of rights in
19701 conformance with the provisions of Chapter 4, Determination of Water Rights, the 15-year
19702 limitation period shall commence to run back in time from the date the state engineer's
19703 proposed determination of rights is served upon each claimant.
19704 (iii) A decree entered in an action for general determination of rights under Chapter 4,
19705 Determination of Water Rights, shall bar any claim of forfeiture for prior nonuse against any
19706 right determined to be valid in the decree, but shall not bar a claim for periods of nonuse that
19707 occur after the entry of the decree.
19708 (iv) A proposed determination by the state engineer in an action for general
19709 determination of rights under Chapter 4, Determination of Water Rights, shall bar any claim of
19710 forfeiture for prior nonuse against any right proposed to be valid, unless a timely objection has

19711 been filed within the time allowed in Chapter 4, Determination of Water Rights.
19712 (d) The extension of time to resume the use of that water may not exceed five years
19713 unless the time is further extended by the state engineer.
19714 (e) The provisions of this section are applicable whether the unused or abandoned
19715 water or a portion of the water is permitted to run to waste or is used by others without right
19716 with the knowledge of the water right holder, provided that the use of water pursuant to a lease
19717 or other agreement with the appropriator or the appropriator's successor shall be considered to
19718 constitute beneficial use.
19719 (f) The provisions of this section shall not apply:
19720 (i) to those periods of time when a surface water source fails to yield sufficient water to
19721 satisfy the water right, or when groundwater is not available because of a sustained drought;
19722 (ii) to water stored in reservoirs pursuant to an existing water right, where the stored
19723 water is being held in storage for present or future use; or
19724 (iii) when a water user has beneficially used substantially all of a water right within a
19725 five-year period, provided that this exemption shall not apply to the adjudication of a water
19726 right in a general determination of water rights under Chapter 4, Determination of Water
19727 Rights.
19728 (g) Groundwater rights used to supplement the quantity or quality of other water
19729 supplies may not be subject to loss or reduction under this section if not used during periods
19730 when the other water source delivers sufficient water so as to not require use of the
19731 supplemental groundwater.
19732 (4) (a) The state engineer shall furnish an application requiring the following
19733 information:
19734 (i) the name and address of the applicant;
19735 (ii) a description of the water right or a portion of the water right, including the point of
19736 diversion, place of use, and priority;
19737 (iii) the date the water was last diverted and placed to beneficial use;
19738 (iv) the quantity of water;
19739 (v) the period of use;
19740 (vi) the extension of time applied for;
19741 (vii) a statement of the reason for the nonuse of the water; and

19742 (viii) any other information that the state engineer requires.
19743 (b) Filing the application extends the time during which nonuse may continue until the
19744 state engineer issues his order on the nonuse application.
19745 (c) (i) Upon receipt of the application, the state engineer shall publish a notice of the
19746 application once a week for two successive weeks in a newspaper of general circulation in the
19747 county in which the source of the water supply is located and where the water is to be used.
19748 (ii) The notice shall:
19749 (A) state that an application has been made; and
19750 (B) specify where the interested party may obtain additional information relating to the
19751 application.
19752 (d) Any interested person may file a written protest with the state engineer against the
19753 granting of the application:
19754 (i) within 20 days after the notice is published, if the adjudicative proceeding is
19755 informal; and
19756 (ii) within 30 days after the notice is published, if the adjudicative proceeding is
19757 formal.
19758 (e) In any proceedings to determine whether the application for extension should be
19759 approved or rejected, the state engineer shall follow the procedures and requirements of Title
19760 63, Chapter 46b, Administrative Procedures Act.
19761 (f) After further investigation, the state engineer may approve or reject the application.
19762 (5) (a) Nonuse applications on all or a portion of a water right shall be granted by the
19763 state engineer for periods not exceeding five years each, upon a showing of reasonable cause
19764 for nonuse.
19765 (b) Reasonable causes for nonuse include:
19766 (i) demonstrable financial hardship or economic depression;
19767 (ii) the initiation of recognized water conservation or efficiency practices, or the
19768 operation of a groundwater recharge recovery program approved by the state engineer;
19769 (iii) operation of legal proceedings;
19770 (iv) the holding of a water right or stock in a mutual water company without use by any
19771 public water supply entity to meet the reasonable future requirements of the public;
19772 (v) situations where, in the opinion of the state engineer, the nonuse would assist in

19773 implementing an existing, approved water management plan;
19774 (vi) situations where all or part of the land on which water is used is contracted under
19775 an approved state agreement or federal conservation fallowing program;
19776 (vii) the loss of capacity caused by deterioration of the water supply or delivery
19777 equipment if the applicant submits, with the application, a specific plan to resume full use of
19778 the water right by replacing, restoring, or improving the equipment; or
19779 (viii) any other reasonable cause.
19780 (6) (a) Sixty days before the expiration of any extension of time, the state engineer
19781 shall notify the applicant by registered mail or by any form of electronic communication
19782 through which receipt is verifiable, of the date when the extension period will expire.
19783 (b) Before the date of expiration, the applicant shall either:
19784 (i) file a verified statement with the state engineer setting forth the date on which use of
19785 the water was resumed, and whatever additional information is required by the state engineer;
19786 or
19787 (ii) apply for a further extension of time in which to resume use of the water according
19788 to the procedures and requirements of this section.
19789 (c) Upon receipt of the applicant's properly completed, verified statement, the state
19790 engineer shall conduct investigations necessary to verify that beneficial use has resumed and, if
19791 so, shall issue a certificate of resumption of use of the water as evidenced by the resumed
19792 beneficial use.
19793 (7) The appropriator's water right or a portion of the water right ceases and the water
19794 reverts to the public if the:
19795 (a) appropriator or the appropriator's successor in interest fails to apply for an
19796 extension of time;
19797 (b) state engineer denies the nonuse application; or
19798 (c) appropriator or the appropriator's successor in interest fails to apply for a further
19799 extension of time.
19800 Section 461. Section 73-2-1 is amended to read:
19801 73-2-1. State engineer -- Term -- Powers and duties -- Qualification for duties.
19802 (1) There shall be a state engineer.
19803 (2) The state engineer shall:

19804 (a) be appointed by the governor with the consent of the Senate;
19805 (b) hold office for the term of four years and until a successor is appointed; and
19806 (c) have five years experience as a practical engineer or the theoretical knowledge,
19807 practical experience, and skill necessary for the position.
19808 (3) (a) The state engineer shall be responsible for the general administrative
19809 supervision of the waters of the state and the measurement, appropriation, apportionment, and
19810 distribution of those waters.
19811 (b) The state engineer may secure the equitable apportionment and distribution of the
19812 water according to the respective rights of appropriators.
19813 (4) The state engineer shall make rules, in accordance with Title 63, Chapter 46a, Utah
19814 Administrative Rulemaking Act, consistent with the purposes and provisions of this title,
19815 regarding:
19816 (a) reports of water right conveyances;
19817 (b) the construction of water wells and the licensing of water well drillers;
19818 (c) dam construction and safety;
19819 (d) the alteration of natural streams;
19820 (e) sewage effluent reuse;
19821 (f) geothermal resource conservation; and
19822 (g) enforcement orders and the imposition of fines and penalties.
19823 (5) The state engineer may make rules, in accordance with Title 63, Chapter 46a, Utah
19824 Administrative Rulemaking Act, consistent with the purposes and provisions of this title,
19825 governing:
19826 (a) water distribution systems and water commissioners;
19827 (b) water measurement and reporting;
19828 (c) ground-water recharge and recovery;
19829 (d) the determination of water rights; and
19830 (e) the form and content of applications and related documents, maps, and reports.
19831 (6) The state engineer may bring suit in courts of competent jurisdiction to:
19832 (a) enjoin the unlawful appropriation, diversion, and use of surface and underground
19833 water without first seeking redress through the administrative process;
19834 (b) prevent theft, waste, loss, or pollution of those waters;

19835 (c) enable him to carry out the duties of his office; and
19836 (d) enforce administrative orders and collect fines and penalties.
19837 (7) The state engineer may:
19838 (a) upon request from the board of trustees of an irrigation district under Title [17A]
19839 17B, Chapter [2] 2a, Part [7] 5, Irrigation District Act, or [a] another local local district under
19840 Title 17B, [Chapter 2,] Limited Purpose Local Government Entities - Local Districts, or a
19841 special service district under Title 17A, Chapter 2, Part 13, Utah Special Service District Act,
19842 that operates an irrigation water system, cause a water survey to be made of all lands proposed
19843 to be annexed to the district in order to determine and allot the maximum amount of water that
19844 could be beneficially used on the land, with a separate survey and allotment being made for
19845 each 40-acre or smaller tract in separate ownership; and
19846 (b) upon completion of the survey and allotment under Subsection (7)(a), file with the
19847 district board a return of the survey and report of the allotment.
19848 (8) (a) The state engineer may establish water distribution systems and define their
19849 boundaries.
19850 (b) The water distribution systems shall be formed in a manner that:
19851 (i) secures the best protection to the water claimants; and
19852 (ii) is the most economical for the state to supervise.
19853 Section 462. Section 73-5-15 is amended to read:
19854 73-5-15. Groundwater management plan.
19855 (1) As used in this section:
19856 (a) "Critical management area" means a groundwater basin in which the groundwater
19857 withdrawals consistently exceed the safe yield.
19858 (b) "Safe yield" means the amount of groundwater that can be withdrawn from a
19859 groundwater basin over a period of time without exceeding the long-term recharge of the basin
19860 or unreasonably affecting the basin's physical and chemical integrity.
19861 (2) (a) The state engineer may regulate groundwater withdrawals within a specific
19862 groundwater basin by adopting a groundwater management plan in accordance with this section
19863 for any groundwater basin or aquifer or combination of hydrologically connected groundwater
19864 basins or aquifers.
19865 (b) The objectives of a groundwater management plan are to:

19866 (i) limit groundwater withdrawals to safe yield;
19867 (ii) protect the physical integrity of the aquifer; and
19868 (iii) protect water quality.
19869 (c) The state engineer shall adopt a groundwater management plan for a groundwater
19870 basin if more than 1/3 of the water right owners in the groundwater basin request that the state
19871 engineer adopt a groundwater management plan.
19872 (3) (a) In developing a groundwater management plan, the state engineer may consider:
19873 (i) the hydrology of the groundwater basin;
19874 (ii) the physical characteristics of the groundwater basin;
19875 (iii) the relationship between surface water and groundwater, including whether the
19876 groundwater should be managed in conjunction with hydrologically connected surface waters;
19877 (iv) the geographic spacing and location of groundwater withdrawals;
19878 (v) water quality;
19879 (vi) local well interference; and
19880 (vii) other relevant factors.
19881 (b) The state engineer shall base the provisions of a groundwater management plan on
19882 the principles of prior appropriation.
19883 (c) (i) The state engineer shall use the best available scientific method to determine
19884 safe yield.
19885 (ii) As hydrologic conditions change or additional information becomes available, safe
19886 yield determinations made by the state engineer may be revised by following the procedures
19887 listed in Subsection (5).
19888 (4) (a) (i) Except as provided in Subsection (4)(b), the withdrawal of water from a
19889 groundwater basin shall be limited to the basin's safe yield.
19890 (ii) Before limiting withdrawals in a groundwater basin to safe yield, the state engineer
19891 shall:
19892 (A) determine the groundwater basin's safe yield; and
19893 (B) adopt a groundwater management plan for the groundwater basin.
19894 (iii) If the state engineer determines that groundwater withdrawals in a groundwater
19895 basin exceed the safe yield, the state engineer shall regulate groundwater rights in that
19896 groundwater basin based on the priority date of the water rights under the groundwater

19897 management plan, unless a voluntary arrangement exists under Subsection (4)(c) that requires a
19898 different distribution.
19899 (b) When adopting a groundwater management plan for a critical management area, the
19900 state engineer shall, based on economic and other impacts to an individual water user or a local
19901 community caused by the implementation of safe yield limits on withdrawals, allow gradual
19902 implementation of the groundwater management plan.
19903 (c) (i) In consultation with the state engineer, water users in a groundwater basin may
19904 agree to participate in a voluntary arrangement for managing withdrawals at any time, either
19905 before or after a determination that groundwater withdrawals exceed the groundwater basin's
19906 safe yield.
19907 (ii) A voluntary arrangement under Subsection (4)(c)(i) shall be consistent with other
19908 law.
19909 (iii) The adoption of a voluntary arrangement under this Subsection (4)(c) by less than
19910 all of the water users in a groundwater basin does not affect the rights of water users who do
19911 not agree to the voluntary arrangement.
19912 (5) To adopt a groundwater management plan, the state engineer shall:
19913 (a) give notice as specified in Subsection (7) at least 30 days before the first public
19914 meeting held in accordance with Subsection (5)(b):
19915 (i) that the state engineer proposes to adopt a groundwater management plan;
19916 (ii) describing generally the land area proposed to be included in the groundwater
19917 management plan; and
19918 (iii) stating the location, date, and time of each public meeting to be held in accordance
19919 with Subsection (5)(b);
19920 (b) hold one or more public meetings in the geographic area proposed to be included
19921 within the groundwater management plan to:
19922 (i) address the need for a groundwater management plan;
19923 (ii) present any data, studies, or reports that the state engineer intends to consider in
19924 preparing the groundwater management plan;
19925 (iii) address safe yield and any other subject that may be included in the groundwater
19926 management plan;
19927 (iv) outline the estimated administrative costs, if any, that groundwater users are likely

19928 to incur if the plan is adopted; and
19929 (v) receive any public comments and other information presented at the public meeting,
19930 including comments from any of the entities listed in Subsection (7)(a)(iii);
19931 (c) receive and consider written comments concerning the proposed groundwater
19932 management plan from any person for a period determined by the state engineer of not less than
19933 60 days after the day on which the notice required by Subsection (5)(a) is given;
19934 (d) (i) at least 60 days prior to final adoption of the groundwater management plan,
19935 publish notice:
19936 (A) that a draft of the groundwater management plan has been proposed; and
19937 (B) specifying where a copy of the draft plan may be reviewed; and
19938 (ii) promptly provide a copy of the draft plan in printed or electronic form to each of
19939 the entities listed in Subsection (7)(a)(iii) that makes written request for a copy; and
19940 (e) provide notice of the adoption of the groundwater management plan.
19941 (6) A groundwater management plan shall become effective on the date notice of
19942 adoption is completed under Subsection (7), or on a later date if specified in the plan.
19943 (7) (a) A notice required by this section shall be:
19944 (i) published once a week for two successive weeks in a newspaper of general
19945 circulation in each county that encompasses a portion of the land area proposed to be included
19946 within the groundwater management plan;
19947 (ii) published conspicuously on the state engineer's Internet website; and
19948 (iii) mailed to each of the following that has within its boundaries a portion of the land
19949 area to be included within the proposed groundwater management plan:
19950 (A) county;
19951 (B) incorporated city or town;
19952 [(C) any of the following type of independent special districts operating under Title
19953 17A, Special Districts:]
19954 [(I) county] (C) improvement district [providing water, sewerage, or flood control]
19955 under Title 17B, Chapter 2a, Part 4, Improvement District Act;
19956 [(II) county] (D) service area, under Title 17B, Chapter 2a, Part 9, Service Area Act;
19957 [(III)] (E) drainage district, under Title 17B, Chapter 2a, Part 2, Drainage District Act;
19958 [(IV)] (F) irrigation district, under Title 17B, Chapter 2a, Part 5, Irrigation District Act;

19959 [(V)] (G) metropolitan water district, under Title 17B, Chapter 2a, Part 6, Metropolitan
19960 Water District Act;
19961 [(VI)] (H) special service district providing water, sewer, drainage, or flood control
19962 services, under Title 17A, Chapter 2, Part 13, Utah Special Service District Act; [and]
19963 [(VII)] (I) water conservancy district, under Title 17B, Chapter 2a, Part 10, Water
19964 Conservancy District Act; and
19965 [(D)] (J) soil conservation district, under Title 17A, Chapter 3, Part 8, Soil
19966 Conservation Districts.
19967 (b) A notice required by this section is effective upon substantial compliance with
19968 Subsections (7)(a)(i) through (iii).
19969 (8) A groundwater management plan may be amended in the same manner as a
19970 groundwater management plan may be adopted under this section.
19971 (9) The existence of a groundwater management plan does not preclude any otherwise
19972 eligible person from filing any application or challenging any decision made by the state
19973 engineer within the affected groundwater basin.
19974 (10) (a) A person aggrieved by a groundwater management plan may challenge any
19975 aspect of the groundwater management plan by filing a complaint within 60 days after the
19976 adoption of the groundwater management plan in the district court for any county in which the
19977 groundwater basin is found.
19978 (b) Notwithstanding Subsection (9), a person may challenge the components of a
19979 groundwater management plan only in the manner provided by Subsection (10)(a).
19980 (c) An action brought under this Subsection (10) is reviewed de novo by the district
19981 court.
19982 (d) A person challenging a groundwater management plan under this Subsection (10)
19983 shall join the state engineer as a defendant in the action challenging the groundwater
19984 management plan.
19985 (e) (i) Within 30 days after the day on which a person files an action challenging any
19986 aspect of a groundwater management plan under Subsection (10)(a), the person filing the action
19987 shall publish notice of the action in a newspaper of general circulation in the county in which
19988 the district court is located.
19989 (ii) The notice required by Subsection (10)(e)(i) shall be published once a week for two

19990 consecutive weeks.
19991 (iii) The notice required by Subsection (10)(e)(i) shall:
19992 (A) identify the groundwater management plan the person is challenging;
19993 (B) identify the case number assigned by the district court;
19994 (C) state that a person affected by the groundwater management plan may petition the
19995 district court to intervene in the action challenging the groundwater management plan; and
19996 (D) list the address for the clerk of the district court in which the action is filed.
19997 (iv) (A) Any person affected by the groundwater management plan may petition to
19998 intervene in the action within 60 days after the day on which notice is last published under
19999 Subsections (10)(e)(i) and (ii).
20000 (B) The district court's treatment of a petition to intervene under this Subsection
20001 (10)(e)(iv) is governed by the Utah Rules of Civil Procedure.
20002 (v) A district court in which an action is brought under Subsection (10)(a) shall
20003 consolidate all actions brought under that Subsection and include in the consolidated action any
20004 person whose petition to intervene is granted.
20005 (11) A groundwater management plan adopted or amended in accordance with this
20006 section is exempt from the requirements in Title 63, Chapter 46a, Utah Administrative
20007 Rulemaking Act.
20008 (12) Recharge and recovery projects permitted under Chapter 3b, Groundwater
20009 Recharge and Recovery Act, are exempted from this section.
20010 (13) Nothing in this section may be interpreted to require the development,
20011 implementation, or consideration of a groundwater management plan as a prerequisite or
20012 condition to the exercise of the state engineer's enforcement powers under other law, including
20013 powers granted under Section 73-2-25 .
20014 (14) A groundwater management plan adopted in accordance with this section may not
20015 apply to the dewatering of a mine.
20016 (15) (a) A groundwater management plan adopted by the state engineer before May 1,
20017 2006, remains in force and has the same legal effect as it had on the day on which it was
20018 adopted by the state engineer.
20019 (b) If a groundwater management plan that existed before May 1, 2006, is amended on
20020 or after May 1, 2006, the amendment is subject to this section's provisions.

20021 Section 463. Section 73-10-1 is amended to read:
20022 73-10-1. State's policy -- Creation of revolving fund -- General construction of
20023 act.
20024 (1) The Legislature of the state of Utah having heretofore declared by Section 73-1-1 ,
20025 Utah Code Annotated 1953, that, "All waters of this state, whether above or under the ground
20026 are hereby declared to be the property of the public, subject to all existing rights to the use
20027 thereof"; and further, by Section 73-1-3 , Utah Code Annotated 1953, that "Beneficial use shall
20028 be the basis, the measures and the limit of all rights to the use of water in this state"; and
20029 further, by Section [ 17A-2-1401 ] 17B-2a-1002 that the policy of the state is, "To obtain from
20030 water in Utah the highest duty for domestic uses and irrigation of lands in Utah within the
20031 terms of interstate compacts or otherwise," now by this act reiterates and reaffirms such
20032 declaration of the public policy of the state of Utah.
20033 (2) It is further declared to be the policy of this chapter and of the state of Utah, and the
20034 legislature recognizes:
20035 (a) that by construction of projects based upon sound engineering the waters within the
20036 various counties of the state of Utah can be saved from waste and increased in efficiency of
20037 beneficial use by 25% to 100%;
20038 (b) that because of well-known conditions such as low prices and lack of market for
20039 farm products, particularly the inefficiency of water supply because of lack of late season water
20040 and consequent lack of financial strength, water users in small communities have been unable
20041 to build projects that would provide full conservation and beneficial use for the limited water
20042 supply in this semiarid land;
20043 (c) that water, as the property of the public, should be so managed by the public that it
20044 can be put to the highest use for public benefit;
20045 (d) that Congress of the United States has provided for the building of larger water
20046 conservation projects throughout the semiarid states, payment of the capital costs without
20047 interest to be made by the water users upon the basis of a fair portion of crop returns;
20048 (e) that the Congress of the United States has established in the department of interior
20049 and in the department of agriculture, various agencies having authority to develop, protect, and
20050 aid in putting to beneficial use the land and water resources of the United States and to
20051 cooperate with state agencies having similar authority;

20052 (f) that the interests of the state of Utah require that means be provided for close
20053 cooperation between all state and federal agencies to the end that the underground waters and
20054 waters of the small streams of the state, and the lands thereunder, can be made to yield
20055 abundantly and increase the income and well-being of the citizens of the state;
20056 (g) that it appears to be sound public policy for the state of Utah to provide a revolving
20057 fund, to be increased at each legislative session, to the end that every mountain stream and
20058 every water resource within the state can be made to render the highest beneficial service, such
20059 fund to be so administered that no project will be built except upon expert engineering,
20060 financial, and geological approval.
20061 (3) All of the provisions of this chapter shall be liberally construed so as to carry out
20062 and put into force and effect the purposes and policies as hereinabove set forth.
20063 Section 464. Section 73-10-21 is amended to read:
20064 73-10-21. Loans for water systems -- Eligible projects.
20065 This chapter shall apply to all eligible projects of incorporated cities and towns,
20066 [metropolitan water districts created under Title 17A, Chapter 2, Part 8, water conservancy
20067 districts created under Title 17A, Chapter 2, Part 14, improvement districts created under Title
20068 17A, Chapter 2, Part 3, county improvement districts created under Title 17A, Chapter 3, Part
20069 2,] local districts under Title 17B, Limited Purpose Local Government Entities - Local
20070 Districts, assessment areas under Title 11, Chapter 42, Assessment Area Act, and special
20071 service districts [established] under Title 17A, Chapter 2, Part 13, Utah Special Service District
20072 Act. Eligible projects are those for the acquisition, improvement, or construction of water
20073 systems used for the production, supply, transmission, storage, distribution, or treatment of
20074 water for cities, towns, metropolitan water districts, water conservancy districts, improvement
20075 districts, special improvement districts, or special service districts, or the improvement or
20076 extension of such systems.
20077 Section 465. Section 73-10-32 is amended to read:
20078 73-10-32. Definitions -- Water conservation plan required.
20079 (1) As used in this section:
20080 (a) "Board" means the Board of Water Resources created under Section 73-10-1.5 .
20081 (b) "Division" means the Division of Water Resources created under Section 73-10-18 .
20082 (c) "Retail" means the level of distribution of culinary water that supplies culinary

20083 water directly to the end user.
20084 (d) "Retail water provider" means an entity which:
20085 (i) supplies culinary water to end users; and
20086 (ii) has more than 500 service connections.
20087 (e) "Water conservancy district" means an entity formed under Title [17A] 17B,
20088 Chapter [2] 2a, Part [14] 10, Water Conservancy [Districts] District Act.
20089 (f) "Water conservation plan" means a written document that contains existing and
20090 proposed water conservation measures describing what will be done by retail water providers,
20091 water conservancy districts, and the end user of culinary water to help conserve water and limit
20092 or reduce its use in the state in terms of per capita consumption so that adequate supplies of
20093 water are available for future needs.
20094 (2) (a) Each water conservation plan shall contain:
20095 (i) a clearly stated overall water use reduction goal and an implementation plan for
20096 each of the water conservation measures it chooses to use, including a timeline for action and
20097 an evaluation process to measure progress;
20098 (ii) a requirement that each water conservancy district and retail water provider devote
20099 part of at least one regular meeting every five years of its governing body to a discussion and
20100 formal adoption of the water conservation plan, and allow public comment on it;
20101 (iii) a requirement that a notification procedure be implemented that includes the
20102 delivery of the water conservation plan to the media and to the governing body of each
20103 municipality and county served by the water conservancy district or retail water provider; and
20104 (iv) a copy of the minutes of the meeting and the notification procedure required in
20105 Subsections (2)(a)(ii) and (iii) which shall be added as an appendix to the plan.
20106 (b) A water conservation plan may include information regarding:
20107 (i) the installation and use of water efficient fixtures and appliances, including toilets,
20108 shower fixtures, and faucets;
20109 (ii) residential and commercial landscapes and irrigation that require less water to
20110 maintain;
20111 (iii) more water efficient industrial and commercial processes involving the use of
20112 water;
20113 (iv) water reuse systems, both potable and not potable;

20114 (v) distribution system leak repair;
20115 (vi) dissemination of public information regarding more efficient use of water,
20116 including public education programs, customer water use audits, and water saving
20117 demonstrations;
20118 (vii) water rate structures designed to encourage more efficient use of water;
20119 (viii) statutes, ordinances, codes, or regulations designed to encourage more efficient
20120 use of water by means such as water efficient fixtures and landscapes;
20121 (ix) incentives to implement water efficient techniques, including rebates to water users
20122 to encourage the implementation of more water efficient measures; and
20123 (x) other measures designed to conserve water.
20124 (c) The Division of Water Resources may be contacted for information and technical
20125 resources regarding measures listed in Subsections (2)(b)(i) through (2)(b)(x).
20126 (3) (a) Before April 1, 1999, each water conservancy district [under Title 17A, Chapter
20127 2, Part 14, Water Conservancy Districts,] and each retail water provider shall:
20128 (i) (A) prepare and adopt a water conservation plan if one has not already been
20129 adopted; or
20130 (B) if the district or provider has already adopted a water conservation plan, review the
20131 existing water conservation plan to determine if it should be amended and, if so, amend the
20132 water conservation plan; and
20133 (ii) file a copy of the water conservation plan or amended water conservation plan with
20134 the division.
20135 (b) Before adopting or amending a water conservation plan, each water conservancy
20136 district or retail water provider shall hold a public hearing with reasonable, advance public
20137 notice.
20138 (4) (a) The board shall:
20139 (i) provide guidelines and technical resources to retail water providers and water
20140 conservancy districts to prepare and implement water conservation plans;
20141 (ii) investigate alternative measures designed to conserve water; and
20142 (iii) report regarding its compliance with the act and impressions of the overall quality
20143 of the plans submitted to the Natural Resources, Agriculture, and Environment Interim
20144 Committee of the Legislature at its meeting in November 2004.

20145 (b) The board shall publish an annual report in a paper of state-wide distribution
20146 specifying the retail water providers and water conservancy districts that do not have a current
20147 water conservation plan on file with the board at the end of the calendar year.
20148 (5) A water conservancy district or retail water provider may only receive state funds
20149 for water development if they comply with the requirements of this act.
20150 (6) Each water conservancy district and retail water provider specified under
20151 Subsection (3)(a) shall:
20152 (a) update its water conservation plan no less frequently than every five years; and
20153 (b) follow the procedures required under Subsection (3) when updating the water
20154 conservation plan.
20155 (7) It is the intent of the Legislature that the water conservation plans, amendments to
20156 existing water conservation plans, and the studies and report by the board be handled within the
20157 existing budgets of the respective entities or agencies.
20158 Section 466. Section 76-10-1503 is amended to read:
20159 76-10-1503. Definitions.
20160 As used in this act:
20161 (1) "Bus" means any passenger bus or coach or other motor vehicle having a seating
20162 capacity of 15 or more passengers operated by a bus company for the purpose of carrying
20163 passengers or cargo for hire and includes a transit vehicle, as defined in Section [ 17A-2-1004 ]
20164 17B-2a-802 , of a public transit district under Title [17A] 17B, Chapter [2] 2a, Part [10, Utah]
20165 8, Public Transit District Act.
20166 (2) "Bus company" or "company" means any person, group of persons or corporation
20167 providing for-hire transportation to passengers or cargo by bus upon the highways in the state,
20168 including passengers and cargo in interstate or intrastate travel. These terms also include local
20169 public bodies, public transit districts, municipalities, public corporations, boards and
20170 commissions established under the laws of the state providing transportation to passengers or
20171 cargo by bus upon the highways in the state, whether or not for hire.
20172 (3) "Charter" means a group of persons, pursuant to a common purpose and under a
20173 single contract, and at a fixed charge in accordance with a bus company's tariff, which has
20174 acquired the exclusive use of a bus to travel together to a specified destination or destinations.
20175 (4) "Passenger" means any person transported or served by a bus company, including

20176 persons accompanying or meeting another being transported, any person shipping or receiving
20177 cargo and any person purchasing a ticket or receiving a pass.
20178 (5) "Terminal" means a bus station or depot or any other facility operated or leased by
20179 or operated on behalf of a bus company and includes a transit facility, as defined in Section
20180 [ 17A-2-1004 ] 17B-2a-802 , of a public transit district under Title [17A] 17B, Chapter [2] 2a,
20181 Part [10, Utah] 8, Public Transit District Act. This term includes a reasonable area
20182 immediately adjacent to any designated stop along the route traveled by any bus operated by a
20183 bus company and parking lots or areas adjacent to terminals.
20184 Section 467. Section 78-27-63 is amended to read:
20185 78-27-63. Inherent risks of certain recreational activities -- Claim barred against
20186 county or municipality -- No effect on duty or liability of person participating in
20187 recreational activity or other person.
20188 (1) As used in this section:
20189 (a) "Inherent risks" means those dangers, conditions, and potentials for personal injury
20190 or property damage that are an integral and natural part of participating in a recreational
20191 activity.
20192 (b) "Municipality" has the meaning as defined in Section 10-1-104 .
20193 (c) "Person" includes an individual, regardless of age, maturity, ability, capability, or
20194 experience, and a corporation, partnership, limited liability company, or any other form of
20195 business enterprise.
20196 (d) "Recreational activity" includes a rodeo, an equestrian activity, skateboarding,
20197 roller skating, ice skating, fishing, hiking, bike riding, or in-line skating on property:
20198 (i) owned by:
20199 (A) with respect to a claim against a county, the county; and
20200 (B) with respect to a claim against a municipality, the municipality; and
20201 (ii) intended for the specific use in question.
20202 (2) Notwithstanding anything in Sections 78-27-37 , 78-27-38 , 78-27-39 , 78-27-40 ,
20203 78-27-41 , 78-27-42 , and 78-27-43 to the contrary, no person may make a claim against or
20204 recover from a county, municipality, or [independent special] local district under Title [17A]
20205 17B, [Chapter 2, Independent Special Districts] Limited Purpose Local Government Entities -
20206 Local Districts, or special service district under Title 17A, Chapter 2, Part 13, Utah Special

20207 Service District Act, for personal injury or property damage resulting from any of the inherent
20208 risks of participating in a recreational activity.
20209 (3) (a) Nothing in this section may be construed to relieve a person participating in a
20210 recreational activity from an obligation that the person would have in the absence of this
20211 section to exercise due care or from the legal consequences of a failure to exercise due care.
20212 (b) Nothing in this section may be construed to relieve any other person from an
20213 obligation that the person would have in the absence of this section to exercise due care or from
20214 the legal consequences of a failure to exercise due care.
20215 Section 468. Repealer.
20216 This bill repeals:
20217 Section 17A-1-101, Definitions.
20218 Section 17A-1-102, Notice to State Tax Commission -- Tax rate on new property
20219 included in the special district.
20220 Section 17A-1-205, Special districts subject to local district provisions relating to
20221 collection of water and sewer service fees.
20222 Section 17A-1-301, Exemptions.
20223 Section 17A-1-302, Vacancies on special district boards.
20224 Section 17A-1-401, Short title.
20225 Section 17A-1-402, Legislative intent.
20226 Section 17A-1-403, Applicability to special districts -- Exceptions.
20227 Section 17A-1-426, Emergency expenditures.
20228 Section 17A-1-446, State auditor to evaluate fiscal practices.
20229 Section 17A-1-801, Hiring of professional architect, engineer, or surveyor.
20230 Section 17A-2-101, Creation procedures for certain independent special districts.
20231 Section 17A-2-101.3, Annexation, dissolution, and withdrawal provisions for
20232 certain independent special districts.
20233 Section 17A-2-104, Notice before preparing or amending a long-range plan or
20234 acquiring certain property.
20235 Section 17A-2-201, Short title -- Policy of state -- Assessments.
20236 Section 17A-2-208, Cemetery maintenance district board of trustees --
20237 Appointment -- Other provisions applicable.

20238 Section 17A-2-210, Appointments to fill.
20239 Section 17A-2-216, Body politic and corporate -- Exercise of powers -- Corporate
20240 name.
20241 Section 17A-2-217, Powers of maintenance district.
20242 Section 17A-2-219, Acquisition and possession of property -- Legal title.
20243 Section 17A-2-221, Levy of taxes by cemetery board.
20244 Section 17A-2-222, Amount of tax -- Levy and collection.
20245 Section 17A-2-223, Power of board to incur indebtedness.
20246 Section 17A-2-226, Cities of first and second class excepted.
20247 Section 17A-2-305, Board of trustees -- Creation -- Appointment and election of
20248 members -- Qualifications.
20249 Section 17A-2-306, Bonds.
20250 Section 17A-2-307, Resolution calling bond election -- Precincts and polling places.
20251 Section 17A-2-308, Board of trustees -- Other provisions applicable -- No
20252 compensation to county legislative body -- Audit -- Budget.
20253 Section 17A-2-309, Results of bond election -- Resolution -- Issuance of bonds --
20254 Maximum bonded indebtedness.
20255 Section 17A-2-310, Certification of bond issue to county legislative body -- Tax
20256 levy -- Payment of revenue bonds -- Election on general obligation bonds and revenue
20257 bonds -- Bonds for sewer purposes -- Collection of charges.
20258 Section 17A-2-312, Powers of district -- Bond obligations of entity under Utah
20259 Interlocal Cooperation Act not obligation of district.
20260 Section 17A-2-313, Authority of district.
20261 Section 17A-2-315, Publication of resolution or proceeding -- Right to contest
20262 legality.
20263 Section 17A-2-317, Ratification of districts created under prior laws -- Issuance of
20264 authorized bonds -- Amendatory proceedings.
20265 Section 17A-2-318, Separability clause.
20266 Section 17A-2-319, Authority for district's exercise of other powers than those
20267 provided in creation -- Procedure -- Hearing -- Appeals.
20268 Section 17A-2-320, Special election of elective members of board of trustees.

20269 Section 17A-2-322, Ratification of districts created under prior laws.
20270 Section 17A-2-323, Abolishment of previously created districts.
20271 Section 17A-2-325, Creation of districts authorized.
20272 Section 17A-2-327, Districts continuing method of selection of trustees --
20273 Resolution -- Irrevocable as long as bonds outstanding -- Revocation of resolution.
20274 Section 17A-2-328, Powers of municipalities -- Collection -- System for collection,
20275 retention, and disposition of storm and flood waters -- Power of district to make contracts
20276 -- Retainage.
20277 Section 17A-2-329, Overlapping districts -- Abolition of smaller district --
20278 Conditions.
20279 Section 17A-2-401, Short title.
20280 Section 17A-2-402, Legislative intent.
20281 Section 17A-2-403, Authorized services -- Notice to and coordination with utility.
20282 Section 17A-2-405, Area in county service area -- Overlapping of areas.
20283 Section 17A-2-411, Board of trustees -- Selection procedures -- Surety bonds --
20284 Other provisions applicable -- Board membership for certain service areas providing fire
20285 protection, paramedic, and emergency services.
20286 Section 17A-2-412, Service area deemed body corporate -- Powers.
20287 Section 17A-2-414, Tax rate -- Limitation.
20288 Section 17A-2-415, Levy and collection of tax -- Property subject to tax --
20289 Collection of service charges.
20290 Section 17A-2-416, Delinquent fees and charges to become lien when certified.
20291 Section 17A-2-418, Annexation or incorporation of all or part of county service
20292 area into city or town.
20293 Section 17A-2-419, Abandonment.
20294 Section 17A-2-423, Resolution calling election for issuing bonds -- Limit on general
20295 obligation bonds.
20296 Section 17A-2-424, Issuance of bonds -- Purposes of bonds -- Tax levy.
20297 Section 17A-2-425, Bonds payable from revenues -- Covenants with future holders
20298 authorized.
20299 Section 17A-2-426, Refunding bonds.

20300 Section 17A-2-428, Tax anticipation notes.
20301 Section 17A-2-429, Property exempt from taxation.
20302 Section 17A-2-431, Publication of resolutions or other proceedings adopted by
20303 board -- Time limit for contesting legality.
20304 Section 17A-2-502, Formation -- Time limit.
20305 Section 17A-2-506, Corporate status -- Board of trustees.
20306 Section 17A-2-509, Board to appoint engineer -- Contract with United States --
20307 Eminent domain -- Power to obtain water.
20308 Section 17A-2-511, Duties of secretary.
20309 Section 17A-2-512, Qualification and duties of treasurer.
20310 Section 17A-2-514, Employment of assistants.
20311 Section 17A-2-522, State lands subject.
20312 Section 17A-2-523, Apportioning benefits.
20313 Section 17A-2-524, Taxes assessed against unentered and unpatented lands.
20314 Section 17A-2-525, Sale price certified.
20315 Section 17A-2-526, Sale of lands sold for taxes.
20316 Section 17A-2-527, Land patented to purchaser prior to issuance of tax deed --
20317 Conditions.
20318 Section 17A-2-528, Notices to owner or occupant.
20319 Section 17A-2-530, Viewing of annexed land by board of trustees -- Assessment for
20320 taxation -- Board of equalization -- Hearing -- Notice -- Lien for taxes.
20321 Section 17A-2-532, Debt limitation.
20322 Section 17A-2-533, Board to report -- Annual meeting -- Notices -- Chair of annual
20323 meeting.
20324 Section 17A-2-534, Public uses -- Right of entry on lands -- Prohibitions.
20325 Section 17A-2-535, Validation of organization proceedings -- Notice of proposed
20326 corrections, amendments, or changes in assessment of benefits -- Hearing by county
20327 legislative body of report of board of trustees -- Board of equalization -- Increase of
20328 drainage benefits and taxes -- Lien.
20329 Section 17A-2-536, Compensation -- Conflict of interest -- Penalties.
20330 Section 17A-2-537, Appointment of trustee -- Vacancy -- No more than two

20331 trustees from same county in multicounty district.
20332 Section 17A-2-538, Interference with works a misdemeanor.
20333 Section 17A-2-539, Additional liability.
20334 Section 17A-2-540, Right-of-way -- Highways and railroads may be assessed --
20335 Assessment of governmental units.
20336 Section 17A-2-541, Bridges and culverts across highways and railroads.
20337 Section 17A-2-542, Terms defined -- Power over watercourses -- Expenses.
20338 Section 17A-2-543, Contractual powers -- Bond issues -- Election.
20339 Section 17A-2-544, Bonds -- Lien on land and improvements.
20340 Section 17A-2-545, Bond issue -- Statement attached.
20341 Section 17A-2-548, Duties of trustees -- Equalizations.
20342 Section 17A-2-549, Estimates for construction -- Debts -- Sinking fund -- Levy.
20343 Section 17A-2-550, Addition of delinquent taxes in case of contract with the United
20344 States.
20345 Section 17A-2-551, Attendance of officials.
20346 Section 17A-2-552, Drainage district taxes.
20347 Section 17A-2-553, Taxes considered lien -- Sale of property -- Time of redemption
20348 -- Notice -- Penalty -- Record.
20349 Section 17A-2-554, Payment of taxes with bonds or warrants of district.
20350 Section 17A-2-555, Statement of indebtedness to be procured -- Fees -- Filing --
20351 Discharge of lien.
20352 Section 17A-2-556, Form of release and discharge.
20353 Section 17A-2-557, Release and discharge may be recorded.
20354 Section 17A-2-559, Redemption by owner or lien holder -- Adjustment, payment or
20355 settlement.
20356 Section 17A-2-560, Land redeemed when lien discharged -- Lien priority --
20357 Foreclosure.
20358 Section 17A-2-601, Establishment -- Time limit -- Exceptions.
20359 Section 17A-2-607, Legal existence of district -- Powers.
20360 Section 17A-2-609, Trustees -- Election or appointment -- Countywide fire
20361 protection district -- Other provisions applicable.

20362 Section 17A-2-610, Separate meetings -- County clerk may be secretary.
20363 Section 17A-2-611, Authority of district.
20364 Section 17A-2-612, Election for office of fire commissioner.
20365 Section 17A-2-613, Office of the board of trustees -- Principal places of business of
20366 district.
20367 Section 17A-2-615, Association to encourage uniformity and coordination of
20368 programs -- Contracts between two or more fire protection districts.
20369 Section 17A-2-616, Statement of taxable value of property.
20370 Section 17A-2-617, Annual budget -- Levy, extension, and collection of taxes.
20371 Section 17A-2-618, Bonds -- Duty of board of trustees -- Levy of taxes for payment
20372 of bonds.
20373 Section 17A-2-619, Indebtedness not to exceed estimated expendable revenue.
20374 Section 17A-2-620, Duties of treasurer.
20375 Section 17A-2-621, Secretary -- Countersigning of drafts and warrants.
20376 Section 17A-2-622, Petition for bond election -- Petition requirements -- Notice and
20377 hearing -- Election regarding issuance of bonds.
20378 Section 17A-2-623, Limitations upon indebtedness.
20379 Section 17A-2-701.1, Title.
20380 Section 17A-2-701.2, Definitions.
20381 Section 17A-2-701.5, Creation of irrigation districts.
20382 Section 17A-2-706, Regular election of district for electing board members --
20383 Election provisions -- Official bond -- Fiscal agents.
20384 Section 17A-2-707, Office location.
20385 Section 17A-2-711, Board of trustees -- Organization -- Powers and duties -- Other
20386 provisions applicable.
20387 Section 17A-2-712, Additional powers of board.
20388 Section 17A-2-713, Titles vested -- Tax exemptions -- Sales -- Conveyances to
20389 United States.
20390 Section 17A-2-717.5, Validation of previous bond issues.
20391 Section 17A-2-718, Trustees to determine amounts required for current years --
20392 Establishment of sinking funds and reserve funds -- Certification of amounts.

20393 Section 17A-2-719.5, Use charges -- Duty of county assessors.
20394 Section 17A-2-721, Duties of county treasurer -- Liability -- Accounts to be kept
20395 and methods of payments -- Deposit of funds.
20396 Section 17A-2-722, Lien for unpaid use charges -- Sale of land for delinquent use
20397 charges -- Redemption period.
20398 Section 17A-2-724, Claims -- Manner of payment -- Registry of warrants --
20399 Emergency loans.
20400 Section 17A-2-726, Compensation of officials -- Prohibitions -- Penalties.
20401 Section 17A-2-728, Distribution of water.
20402 Section 17A-2-729, Diversion of water.
20403 Section 17A-2-730, Exclusion of lands from district.
20404 Section 17A-2-738, Redivision of districts.
20405 Section 17A-2-739, Exclusion of lands -- Liability not impaired.
20406 Section 17A-2-749, Special proceedings for judicial examination.
20407 Section 17A-2-750, Petition for confirmation.
20408 Section 17A-2-751, Notice -- Contest -- Time for hearing.
20409 Section 17A-2-752, Parties -- Appearances -- Practice and procedure.
20410 Section 17A-2-753, Findings and decree -- Costs.
20411 Section 17A-2-754, Transfer of water rights -- Notice to landowners.
20412 Section 17A-2-755, Districts declared bodies corporate -- Tax exemption of bonds
20413 and securities except corporate franchise tax.
20414 Section 17A-2-756, Inclusion of state lands.
20415 Section 17A-2-757, Special-benefit construction -- Terms -- Costs.
20416 Section 17A-2-758, Local improvement districts.
20417 Section 17A-2-759, Establishment -- Limit as to costs -- Authorization --
20418 Construction warrants -- Orders.
20419 Section 17A-2-760, Assessment of damages and benefits -- Board of equalization.
20420 Section 17A-2-761, Validation of the creation and organization of irrigation
20421 districts and of district elections.
20422 Section 17A-2-762, Costs levied and collected.
20423 Section 17A-2-763, Payment of delinquency.

20424 Section 17A-2-764, Local improvement bonds.
20425 Section 17A-2-765, Contracts with United States.
20426 Section 17A-2-766, Validation of act.
20427 Section 17A-2-767, Default of district -- Court procedure.
20428 Section 17A-2-801, Title.
20429 Section 17A-2-802, Definitions.
20430 Section 17A-2-803, Purpose of metropolitan water district.
20431 Section 17A-2-810, Concurrent and consolidated elections.
20432 Section 17A-2-818, Powers of incorporated districts -- Preferential right of city to
20433 purchase water.
20434 Section 17A-2-819, Trustees -- Representation -- Voting -- Organization and
20435 membership -- Other provisions apply.
20436 Section 17A-2-820, Powers of trustees.
20437 Section 17A-2-821, Resolution or ordinance proposing obligations or indebtedness
20438 -- Election.
20439 Section 17A-2-823, Majority vote in favor of incurring obligations or indebtedness.
20440 Section 17A-2-824, Revenue indebtedness or general obligation indebtedness --
20441 Procedure for incurring -- Terms.
20442 Section 17A-2-826, Sale of bonds.
20443 Section 17A-2-827, Proceeds of sale of bonds.
20444 Section 17A-2-828, Action to test validity of contracts, bonds, and other contract
20445 obligations or indebtedness.
20446 Section 17A-2-829, Water rates to pay operating expenses, repairs, and
20447 depreciation -- Interest and principal of bonded and other debt to be paid so far as
20448 practicable from water rates -- Tax levy.
20449 Section 17A-2-830, Conversion of coupon bonds into registered bonds --
20450 Reconversion -- Exchanging for higher denomination.
20451 Section 17A-2-831, Fees.
20452 Section 17A-2-833, Taxation -- Valuation.
20453 Section 17A-2-834, Rate of taxation.
20454 Section 17A-2-835, Amounts due from cities declared in resolution.

20455 Section 17A-2-836, Tax rates for cities.
20456 Section 17A-2-837, Collection of taxes.
20457 Section 17A-2-838, Collection fees.
20458 Section 17A-2-839, Lien for taxes.
20459 Section 17A-2-840, Expenses of incorporation.
20460 Section 17A-2-843, Interest of trustees or employees in contracts.
20461 Section 17A-2-845, Administration.
20462 Section 17A-2-846, Action by ordinance.
20463 Section 17A-2-847, Fiscal year -- Annual statements.
20464 Section 17A-2-848, Validating provision.
20465 Section 17A-2-849, Time for expenditure of tax revenues.
20466 Section 17A-2-850, Reserve funds -- Creation -- Use of funds -- Limitation.
20467 Section 17A-2-851, Separability.
20468 Section 17A-2-901, Organization authorized.
20469 Section 17A-2-906, Board of trustees -- Appointment -- Number.
20470 Section 17A-2-907, Board of trustees -- Vacancies -- Other provisions applicable.
20471 Section 17A-2-908, Powers of board of trustees.
20472 Section 17A-2-909, Taxation -- Limit of levy.
20473 Section 17A-2-911, Collection and disbursement of taxes.
20474 Section 17A-2-914, Notices -- Publication and posting.
20475 Section 17A-2-1001, Short title.
20476 Section 17A-2-1002, Legislative findings.
20477 Section 17A-2-1003, Part to be liberally construed.
20478 Section 17A-2-1004, Definitions.
20479 Section 17A-2-1016, Powers of incorporated district -- Bidding -- Eminent domain.
20480 Section 17A-2-1017, Consent required to control facilities -- Competition with
20481 existing publicly or privately owned public carriers prohibited.
20482 Section 17A-2-1018, Rates and charges for service.
20483 Section 17A-2-1019, Hearings on rates and charges and proposed facility location.
20484 Section 17A-2-1020, Hearings.
20485 Section 17A-2-1021, Intervention by municipality or county at hearings.

20486 Section 17A-2-1022, Cross-examination -- Introduction of evidence not covered on
20487 direct.
20488 Section 17A-2-1023, Technical rules of evidence not to apply.
20489 Section 17A-2-1024, Record of hearing -- Review.
20490 Section 17A-2-1025, Decision of board.
20491 Section 17A-2-1026, Safety regulations.
20492 Section 17A-2-1027, Traffic laws applicable.
20493 Section 17A-2-1028, Bond issues and other indebtedness authorized.
20494 Section 17A-2-1029, Participation in federal programs authorized.
20495 Section 17A-2-1030, Employee rights and benefits extended under federal law to
20496 apply.
20497 Section 17A-2-1031, Employees may organize and bargain collectively -- Strikes
20498 prohibited -- District to enter into bargaining agreements.
20499 Section 17A-2-1032, Labor disputes submitted to arbitration -- Selection of board
20500 -- Parties to share expense.
20501 Section 17A-2-1033, Acquisition of existing public transit systems -- Rights and
20502 benefits of employees preserved.
20503 Section 17A-2-1034, Agreements with state or public agency.
20504 Section 17A-2-1035, Limitation on indebtedness of district.
20505 Section 17A-2-1036, Investment of district funds.
20506 Section 17A-2-1037, Elections.
20507 Section 17A-2-1039, Board of trustees -- Powers and duties.
20508 Section 17A-2-1040, District officers -- Appointment -- Duty -- Compensation --
20509 Oath -- Bond.
20510 Section 17A-2-1041, General manager -- Duties -- Term and removal -- Salary to
20511 be fixed.
20512 Section 17A-2-1042, Additional powers and duties of general manager.
20513 Section 17A-2-1043, Certification of taxable value of property by county auditor.
20514 Section 17A-2-1044, Annual tax levy -- Election.
20515 Section 17A-2-1045, Collection of taxes by county officers.
20516 Section 17A-2-1046, Counties may withhold percentage for services rendered.

20517 Section 17A-2-1047, Enforcement of liens -- Sales and redemptions -- Disposition
20518 of proceeds.
20519 Section 17A-2-1048, Board of trustees representation for newly annexed area.
20520 Section 17A-2-1051, Members of board subject to recall.
20521 Section 17A-2-1052, Board may promulgate additional rules.
20522 Section 17A-2-1053, Action by ordinance permitted.
20523 Section 17A-2-1054, Fiscal year -- Annual statement of revenues and expenditures.
20524 Section 17A-2-1055, Title to vest in district -- Property exempt from taxation.
20525 Section 17A-2-1056, Claims against district -- Procedures.
20526 Section 17A-2-1057, Property exempt from execution -- Court may require tax
20527 levy.
20528 Section 17A-2-1058, District may issue bonds.
20529 Section 17A-2-1059, Funding districts -- Ceiling exempt tax.
20530 Section 17A-2-1060, Budget examination and comment.
20531 Section 17A-2-1401, Declaration of benefits and policy.
20532 Section 17A-2-1402, Short title -- Title of districts and bonds -- Requirements as to
20533 publication -- Definitions.
20534 Section 17A-2-1412, Duties of secretary -- Board may employ chief engineer,
20535 attorney, and other employees.
20536 Section 17A-2-1413, District powers -- Powers of board of trustees -- Other
20537 provisions applicable.
20538 Section 17A-2-1414, Who may enter into contracts -- Permissible purposes of
20539 contracts -- Agreements and leases -- Elections for water purchase contracts.
20540 Section 17A-2-1415, Contracts with subdivisions of other states.
20541 Section 17A-2-1416, Restoration of affected street or highway -- District subject to
20542 certain rules of county, city, or town.
20543 Section 17A-2-1417, Plans -- Available for public inspection -- Contents.
20544 Section 17A-2-1418, Utilization or distribution of electric power -- Subject to terms
20545 and conditions of contracts -- Use of revenues.
20546 Section 17A-2-1419, Franchise not required.
20547 Section 17A-2-1420, Organization of subdistricts -- Authority -- Bonds -- Board of

20548 trustees -- Powers -- Validation of proceedings -- Separability clause.
20549 Section 17A-2-1421, Inclusion of existing district in another district -- Powers and
20550 authority of districts -- Contracts between districts -- Public corporations within districts.
20551 Section 17A-2-1422, District board may levy and collect taxes and special
20552 assessments -- Classification of methods.
20553 Section 17A-2-1423, Levy and collection of taxes under class A -- Rate of levy.
20554 Section 17A-2-1424, Board may sell or lease water to municipalities upon petition
20555 -- Levy and collection of special assessments under class B.
20556 Section 17A-2-1425, Board may sell or lease water to irrigation districts -- Levy
20557 and collection of special assessments under class C.
20558 Section 17A-2-1426, Board may sell or lease water on petition -- Levy and
20559 collection of taxes under class D.
20560 Section 17A-2-1427, Additional taxes and assessments to pay deficiencies.
20561 Section 17A-2-1428, Objections to assessments -- Hearings -- Procedure -- Appeal.
20562 Section 17A-2-1429, Officials charged with duty to collect taxes -- Taxes levied
20563 create lien -- Status of lien.
20564 Section 17A-2-1430, Tax sales.
20565 Section 17A-2-1431, Property exempt from assessments.
20566 Section 17A-2-1432, Board may dispose of water under term contracts.
20567 Section 17A-2-1433, Liens to secure payment of annual installments.
20568 Section 17A-2-1434, Creation of sinking fund.
20569 Section 17A-2-1435, Powers of board in distribution of water.
20570 Section 17A-2-1436, Rulemaking and enforcement power of board.
20571 Section 17A-2-1439, Contracts providing for payment in installments -- Issuance
20572 and sale of bonds -- Sinking fund -- Covenants -- Default -- Revenue obligations --
20573 Refunding bonds.
20574 Section 17A-2-1440, Election for issuance of bonds or incurring contract
20575 indebtedness or obligation -- When an election is not required.
20576 Section 17A-2-1441, Majority authorizes issuance of bonds -- Resubmission of
20577 proposition.
20578 Section 17A-2-1442, Board may petition district court for judicial determination of

20579 its acts -- Procedure.
20580 Section 17A-2-1443, Due notice -- Jurisdiction of district court.
20581 Section 17A-2-1444, Hearings to be advanced.
20582 Section 17A-2-1445, Part to be liberally construed.
20583 Section 17A-2-1446, Partial invalidity -- Savings clause.
20584 Section 17A-2-1447, Acts in conflict nonoperative as to this part.
20585 Section 17A-2-1448, Validation of proceedings -- Changes.
20586 Section 17A-2-1449, Validation of proceedings and actions -- Changes in validated
20587 contracts, bond proceedings or bonds authorized.
20588 Section 17A-2-1801, Title.
20589 Section 17A-2-1802, Purpose.
20590 Section 17A-2-1803, Area -- Procedures -- Appeals.
20591 Section 17A-2-1804, Services provided.
20592 Section 17A-2-1805, Body corporate -- Authority.
20593 Section 17A-2-1806, Levy and collection of tax -- Property subject to tax -- Service
20594 charges.
20595 Section 17A-2-1807, Tax rate -- Limitation.
20596 Section 17A-2-1808, Board of trustees -- Selection procedure -- Other provisions
20597 applicable.
20598 Section 17A-2-1821, Annexation areas to be included in election districts.
20599 Section 17A-2-1822, Ratification of county service areas -- Bond issuance --
20600 Amendatory proceedings.
20601 Section 17A-2-1823, Bond issuance.
20602 Section 17A-2-1824, Maximum bonded indebtedness.
20603 Section 17A-2-1826, Sinking fund.
20604 Section 17A-2-1828, Taxation of property.
20605 Section 17A-2-1829, Property exempt from execution -- Court may require tax
20606 levy.
20607 Section 17A-2-1830, Limitation of liability.
20608 Section 17A-2-1831, Publication -- Time limit for contesting legality.
20609 Section 17A-2-1832, Severability clause.

20610 Section 17A-3-201, Short title.
20611 Section 17A-3-202, Purpose.
20612 Section 17A-3-203, Definitions.
20613 Section 17A-3-204, Powers of the county legislative body.
20614 Section 17A-3-205, Notice of intent to create special improvement district --
20615 Contents.
20616 Section 17A-3-206, Publication and mailing of notice of intention.
20617 Section 17A-3-207, Protests -- Hearing -- Alteration of proposal by resolution --
20618 Adding property to district -- Removal of protesters' property from district -- Recording
20619 requirements -- Waiver of objections.
20620 Section 17A-3-208, Contract required for improvement -- Bidding requirements --
20621 Exceptions.
20622 Section 17A-3-209, Payment of contracts -- Progress payments -- Retainage.
20623 Section 17A-3-210, Interim warrants.
20624 Section 17A-3-211, Utility connections and relocations ordered before paving --
20625 Assessing costs.
20626 Section 17A-3-212, Time for levy.
20627 Section 17A-3-213, Amount of assessment -- Payment from general funds.
20628 Section 17A-3-214, Ordinary repairs paid for by governing entity -- Grade change
20629 cost partially paid by governing entity -- Intersection improvement costs.
20630 Section 17A-3-215, Exemption of publicly-owned property -- Exception -- Service
20631 charges.
20632 Section 17A-3-216, Areas subject to assessment -- Methods of assessment.
20633 Section 17A-3-217, Assessment list -- Board of equalization and review -- Notice --
20634 Publication -- Hearings -- Corrections -- Report -- Waiver of objections.
20635 Section 17A-3-218, Assessment ordinance -- Publication -- Assessment list
20636 incorporated by reference.
20637 Section 17A-3-219, Supplemental assessment.
20638 Section 17A-3-220, Period for paying assessments -- Frequency of installments --
20639 Interest.
20640 Section 17A-3-221, Prepayment of assessment installments.

20641 Section 17A-3-222, Default in payment of assessment installment.
20642 Section 17A-3-223, Lien for assessment -- Priority.
20643 Section 17A-3-224, Sale of property to collect assessment.
20644 Section 17A-3-225, Payments from guaranty fund or reserve fund to avoid default
20645 -- Recovery from sale proceeds.
20646 Section 17A-3-226, Assessment proceeds constitute fund -- Disposition --
20647 Investment.
20648 Section 17A-3-227, Special improvement refunding bonds.
20649 Section 17A-3-228, Bonds.
20650 Section 17A-3-229, Errors or irregularities not voiding assessment -- Action to
20651 enjoin levy or collection -- Limitation of actions.
20652 Section 17A-3-230, Liability of governing entity on bonds.
20653 Section 17A-3-231, Disposition of surplus assessment -- Disposition of assessment
20654 proceeds on abandonment of improvement.
20655 Section 17A-3-232, Special Improvement Guaranty Fund -- Sources -- Uses --
20656 Investment -- Subaccounts.
20657 Section 17A-3-233, Reserve fund in lieu of special improvement guaranty fund --
20658 Investment.
20659 Section 17A-3-234, Special improvement fund surplus after bonds and warrants
20660 paid.
20661 Section 17A-3-235, Special improvement fund insufficient to pay bonds.
20662 Section 17A-3-236, Assessments on property acquired by governing entity at final
20663 tax sale paid from guaranty fund or reserve fund -- Reimbursement.
20664 Section 17A-3-237, Subrogation of governing entity for payments from guaranty
20665 or reserve fund.
20666 Section 17A-3-238, Insufficiency of guaranty or reserve fund -- Replenishment --
20667 Warrants -- Tax levy to pay warrants.
20668 Section 17A-3-239, Excess amount in guaranty fund -- Transfers to General Fund
20669 -- Special improvement refunding bonds.
20670 Section 17A-3-240, Other methods for making improvements unaffected.
20671 Section 17A-3-241, Validation of prior proceedings, bonds and warrants.

20672 Section 17A-3-242, Separability clause.
20673 Section 17A-3-243, Release of assessment.
20674 Section 17A-3-244, Dissolution of districts -- Payment of claims.
20675 Section 17A-3-301, Short title.
20676 Section 17A-3-302, Purpose.
20677 Section 17A-3-303, Definitions.
20678 Section 17A-3-304, Powers of municipality.
20679 Section 17A-3-305, Notice of intent to create special improvement district --
20680 Contents.
20681 Section 17A-3-306, Notice of intention to create district -- Publication -- Mailing.
20682 Section 17A-3-307, Protests by property owners -- Hearing -- Alteration of
20683 proposal by resolution -- Conditions for adding property to district -- Deletion of
20684 protesters' property from district -- Recording requirements -- Waiver of objections.
20685 Section 17A-3-308, Contracting for improvements -- Bids, publication, and notice
20686 -- Improvements for which contracts need not be let.
20687 Section 17A-3-309, Payment of contracts.
20688 Section 17A-3-310, Interim warrants.
20689 Section 17A-3-311, Connections of public utilities -- Service owned or provided by
20690 municipality, power to assess cost of connection.
20691 Section 17A-3-312, When assessments may be levied.
20692 Section 17A-3-313, Amount and payment of assessment.
20693 Section 17A-3-314, Costs not payable by assessments.
20694 Section 17A-3-315, Property of public agencies not assessable -- Charges for
20695 services or materials permitted -- Property acquired after creation of district.
20696 Section 17A-3-316, Areas subject to assessment -- Methods of assessment.
20697 Section 17A-3-317, Assessment list -- Board of equalization and review -- Hearings
20698 -- Appeal -- Corrections -- Report -- Waiver of objections.
20699 Section 17A-3-318, Assessment ordinance -- Publication -- Assessment list
20700 incorporated by reference.
20701 Section 17A-3-319, Supplemental assessment.
20702 Section 17A-3-320, Payment of assessments in installments -- Frequency -- Interest.

20703 Section 17A-3-321, Prepayment of assessment installments.
20704 Section 17A-3-322, Default in payment of assessment installment.
20705 Section 17A-3-323, Lien for assessment -- Priority.
20706 Section 17A-3-324, Sale of property to collect assessment.
20707 Section 17A-3-325, Payments from guaranty fund or reserve fund to avoid default
20708 -- Recovery from sale proceeds.
20709 Section 17A-3-326, Special improvement fund.
20710 Section 17A-3-327, Improvement revenues account.
20711 Section 17A-3-328, Special improvement bonds.
20712 Section 17A-3-329, Special improvement refunding bonds.
20713 Section 17A-3-330, Objection to assessment -- Actions to enjoin levy or set aside
20714 proceedings.
20715 Section 17A-3-331, Payment of special improvement bonds.
20716 Section 17A-3-332, Total assessments greater than cost of improvements -- Surplus
20717 to special improvement guaranty fund -- Abandonment of improvement.
20718 Section 17A-3-333, Improvement revenues -- Installment payments.
20719 Section 17A-3-334, Special Improvement Guaranty Fund -- Sources -- Uses --
20720 Investment -- Subaccounts.
20721 Section 17A-3-335, Reserve fund in lieu of Special Improvement Guaranty Fund --
20722 Investment.
20723 Section 17A-3-336, Interest charges, penalties and other collections greater than
20724 expenses -- Excess transferred to guaranty fund.
20725 Section 17A-3-337, Special improvement fund insufficient to pay bonds.
20726 Section 17A-3-338, Assessments on property acquired by municipality at final tax
20727 sale paid from guaranty fund or reserve fund -- Reimbursement.
20728 Section 17A-3-339, Subrogation of municipality for payments from guaranty or
20729 reserve fund.
20730 Section 17A-3-340, Insufficiency of guaranty or reserve fund -- Replenishment --
20731 Warrants -- Tax levy to pay warrants.
20732 Section 17A-3-341, Excess amount in guaranty fund -- Special improvement
20733 refunding bonds.

20734 Section 17A-3-342, Intent.
20735 Section 17A-3-344, Proceedings prior to act validated -- Exceptions.
20736 Section 17A-3-345, Release of assessment.
20737 Section 17B-2-217, Limitation on initiating process to create local district.
20738 Section 17B-2-804, Collection of past due fees for water or sewer service -- Civil
20739 action authorized.
20740 Section 17B-2-805, Notice.
20741 Section 54-3-25, Telephone corporations -- Publishing special purpose district
20742 names and telephone numbers.
20743 Section 469. Legislative intent.
20744 (1) For the past approximately ten years, the Legislature has been involved in the
20745 process of updating and rewriting statutory provisions relating to special districts under Title
20746 17A. The focus of this effort has been on what have been called independent special districts
20747 under Chapter 2 of Title 17A. This bill is the culmination of that effort with respect to
20748 independent special districts, except special service districts, and begins the process of
20749 rewriting provisions applicable to dependent special districts under Chapter 3 of Title 17A.
20750 (2) Before this rewrite began, each of the various types of independent special districts
20751 had its own set of provisions governing the district. Although some of the provisions were
20752 unique to the specific type of district, many were similar to the provisions governing other
20753 types of districts. A substantial goal of the rewrite has been to simplify, consolidate, and
20754 standardize, as much as possible, these similar but different provisions so that, where possible,
20755 only one set of provisions governed all types of districts. If there were provisions that were
20756 unique to a particular type of district, those provisions were updated and simplified but
20757 continue to apply only to that type of district.
20758 (3) The effort to achieve standardization has required some substantive changes to
20759 provisions affecting one or more types of independent special districts. These substantive
20760 changes have been made in order to simplify, consolidate, and standardize provisions
20761 applicable to independent special districts, now called local districts. The Legislature intends
20762 that none of these changes disturb the body of case law that has developed over the years
20763 relating to the underlying principles applicable to this type of local government entity.
20764 (4) In addition, this bill eliminates some intent language that had existed in prior

20765 statute. The Legislature does not intend to effectuate any substantive change by eliminating
20766 that intent language. The elimination of intent language is a reflection of current practice to
20767 avoid intent language in statute and is not intended as a disavowal of the legislative intent
20768 expressed in that language.
20769 Section 470. Coordinating H.B. 65 with H.B. 103 -- Changing terminology.
20770 If this H.B. 65 and H.B. 103, Statewide Mutual Aid Act, both pass, it is the intent of the
20771 Legislature that the Office of Legislative Research and General Counsel, in preparing the Utah
20772 Code database for publication:
20773 (1) replace the references in Subsections 53-2-402 (5) and 53-2-403 (1)(a)(v) and
20774 Section 53-2-404 to "public safety special district" with "public safety district";
20775 (2) modify Subsection 53-2-402 (8) to read:
20776 "(8) "Public safety district" means a local district under Title 17B, Limited Purpose
20777 Local Government Entities - Local Districts, or special service district under Title 17A,
20778 Chapter 2, Part 13, Utah Special Service District Act, that provides public safety service."; and
20779 (3) replace the references in Subsections 53-2-405 (1) and (2) to "special district" with
20780 "local district, special service district".
20781 Section 471. Coordinating H.B. 65 with H.B. 140 -- Changing terminology.
20782 If this H.B. 65 and H.B. 140, Safe Drinking Water Amendments, both pass, it is the
20783 intent of the Legislature that the Office of Legislative Research and General Counsel, in
20784 preparing the Utah Code database for publication, replace the reference in Subsection
20785 19-4-111 (7) to "special district" with "local district or special service district".
20786 Section 472. Coordinating H.B. 65 with H.B. 222 -- Changing terminology.
20787 If this H.B. 65 and H.B. 222, Open and Public Meetings - Electronic Notice, both pass,
20788 it is the intent of the Legislature that the Office of Legislative Research and General Counsel,
20789 in preparing the Utah Code database for publication, replace the reference in Subsection
20790 52-4-202 (3)(b) to "a special district as defined under Title 17A, Special Districts, or a local
20791 district as defined under Title 17B, Chapter 2, Local Districts, has a current annual budget of
20792 less than $1 million, a public body of the municipality, special district, or local district" with "a
20793 local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, a
20794 special service district under Title 17A, Chapter 2, Part 13, Utah Special Service District Act,
20795 or a dependent district under Title 17A, Chapter 3, Dependent Districts, has a current annual

20796 budget of less than $1 million, a public body of the municipality, local district, special service
20797 district, or dependent district".
20798 Section 473. Coordinating H.B. 65 with H.B. 253 -- Changing terminology.
20799 If this H.B. 65 and H.B. 253, Allowing State Memorials on State Property, both pass, it
20800 is the intent of the Legislature that the Office of Legislative Research and General Counsel, in
20801 preparing the Utah Code database for publication, replace the references in Subsections
20802 11-42-102 (1)(b) and 63-9-68 (1)(b) to "special district as defined under Title 17A, Special
20803 Districts, or a local district as defined under Title 17B, Chapter 2, Local Districts" with "local
20804 district under Title 17B, Limited Purpose Local Government Entities - Local Districts, a special
20805 service district under Title 17A, Chapter 2, Part 13, Utah Special Service District Act, or a
20806 dependent district under Title 17A, Chapter 3, Dependent Districts".
20807 Section 474. Coordinating H.B. 65 with H.B. 272 -- Changing terminology.
20808 If this H.B. 65 and H.B. 272, Prohibition Relating to Fees on Foster Homes for the Use
20809 of Emergency Services, both pass, it is the intent of the Legislature that the Office of
20810 Legislative Research and General Counsel, in preparing the Utah Code database for
20811 publication:
20812 (1) modify Subsection 11-42-102 (3)(b) to read:
20813 "(b) a special service district under Title 17A, Chapter 2, Part 13, Utah Special Service
20814 District Act;"; and
20815 (2) modify Subsection 11-42-102 (3)(e) to read:
20816 "(e) a local district under Title 17B, Limited Purpose Local Government Entities - Local
20817 Districts.".
20818 Section 475. Coordinating H.B. 65 with H.B. 337 -- Changing terminology.
20819 If this H.B. 65 and H.B. 337, Local Government Post-Employment Benefit Trust Fund
20820 Amendments, both pass, it is the intent of the Legislature that the Office of Legislative
20821 Research and General Counsel, in preparing the Utah Code database for publication, replace
20822 the reference in Subsection 51-7-3 (15) to "special district," with "local district under Title 17B,
20823 Limited Purpose Local Government Entities - Local Districts, special service district under
20824 Title 17A, Chapter 2, Part 13, Utah Special Service District Act,".
20825 Section 476. Coordinating H.B. 65 with H.B. 372 -- Merging substantive
20826 amendments.

20827 If this H.B. 65 and H.B. 372, Local District Amendments, both pass, it is the intent of
20828 the Legislature that the Office of Legislative Research and General Counsel, in preparing the
20829 Utah Code database for publication, merge the amendments so that Subsection 17B-1-105 (2)
20830 reads:
20831 "(2) The name of a local district created after April 30, 2007 may not include the name
20832 of a county or municipality, unless the service the district provides is transportation.".
20833 Section 477. Coordinating H.B. 65 with H.B. 430 -- Changing terminology.
20834 If this H.B. 65 and H.B. 430, Public Employees Union Financial Responsibility Act,
20835 both pass, it is the intent of the Legislature that the Office of Legislative Research and General
20836 Counsel, in preparing the Utah Code database for publication, modify Subsection
20837 34-44-102 (2)(a) to read:
20838 "(2) (a) "Governmental entity" means the state including any departments, units, or
20839 administrative subdivisions and any of the state's political subdivisions, including any county,
20840 municipality, school district, local district, special service district, or any administrative
20841 subdivision of those entities.".
20842 Section 478. Coordinating H.B. 65 with H.B. 450 -- Changing terminology --
20843 Merging substantive amendments.
20844 If this H.B. 65 and H.B. 450, Law Enforcement Districts, both pass, it is the intent of
20845 the Legislature that the Office of Legislative Research and General Counsel, in preparing the
20846 Utah Code database for publication:
20847 (1) replace the reference in Subsection 10-2-419 (2)(b)(v) to "Section 17B-2-515.5"
20848 with "Section 17B-1-416" ;
20849 (2) replace the reference in Subsection 10-2-419 (2)(b)(vi) to "Subsection
20850 17B-2-602 (2)" with "Subsection 17B-1-503 (2)";
20851 (3) modify Subsection 17-22-2 (3)(a)(ii) to read:
20852 "(ii) a service area under Title 17B, Chapter 2a, Part 9, Service Area Act, created to
20853 provide extended police protection service and in the creation of which an election was not
20854 required under Subsection 17B-1-214 (3)(c).";
20855 (4) merge the amendments to Subsection 17B-2a-905(1)(a) to read:
20856 "(1) (a) Except as provided in Subsections (2) and (3):";
20857 (5) insert a new Subsection 17B-2a-905 (3) to read:

20858 "(3) (a) As used in this Subsection (3):
20859 (i) "Jurisdictional boundaries" means:
20860 (A) for a county that is a police district participant, the unincorporated area of the
20861 county that is included within the police district; and
20862 (B) for a municipality that is a police district participant, the area within the boundaries
20863 of the municipality.
20864 (ii) "Police district" means a service area:
20865 (A) created on or after April 30, 2007;
20866 (B) created to provide extended police protection service; and
20867 (C) in the creation of which an election was not required under Subsection
20868 17B-1-214 (3)(c).
20869 (iii) "Police district participant" means:
20870 (A) a county whose unincorporated area is partially or fully included within a police
20871 district, whether in conjunction with the creation of the police district or by later annexation; or
20872 (B) a municipality whose area is included within the police district, whether in
20873 conjunction with the creation of the police district or by later annexation.
20874 (b) Each police district participant shall appoint to the board of trustees of the police
20875 district:
20876 (i) one member, if the population within the jurisdictional boundaries of the police
20877 district participant does not exceed 50,000;
20878 (ii) two members, if the population within the jurisdictional boundaries of the police
20879 district participant exceeds 50,000 but does not exceed 100,000; and
20880 (iii) three members, if the population within the jurisdictional boundaries of the police
20881 district participant exceeds 100,000.
20882 (c) One of the members appointed under Subsection (3)(b) by a county that is a police
20883 district participant shall be the county sheriff.
20884 (d) Notwithstanding Subsection 17B-1-302 (2), the number of members of a police
20885 district board of trustees shall be the number resulting from application of Subsection (3)(b).
20886 (e) An employee of the police district may not serve as a member of the board of
20887 trustees.";
20888 (6) merge the amendments in Subsection 17B-1-1002 (1)(i)(i)(B) to read:

20889 "(B) provides:
20890 (I) fire protection, paramedic, and emergency services; or
20891 (II) extended police protection service; or";
20892 (7) modify Subsection 17B-1-214 (3)(c) to read:
20893 "(c) [to] a resolution [adopted] under Subsection [17B-2-203] 17B-1-203 (1)(c) [on or
20894 after May 5, 2003] that:
20895 (i) (A) proposes the creation of a local district to provide fire protection, paramedic,
20896 and emergency services, if the proposed local district includes a majority of the unincorporated
20897 area of one or more counties[.]; and
20898 (B) was adopted on or after May 3, 2003; or
20899 (ii) (A) proposes the creation of a local district to provide extended police protection
20900 service, if the proposed local district includes:
20901 (I) a majority of the unincorporated area of a single county; and
20902 (II) no area of any other county, unless that area is entirely within a municipality whose
20903 boundaries are included in the local district and a majority of whose land area is located within
20904 the county whose unincorporated area is included in the local district; and
20905 (B) was adopted on or after April 30, 2007; or";
20906 (8) modify Subsection 17B-1-416 (1)(a) to read:
20907 "(a) the local district provides:
20908 (i) fire protection, paramedic, and emergency services; or
20909 (ii) extended police protection service;";
20910 (9) modify Subsection 17B-1-502 (2)(a)(i) to read:
20911 "(i) the local district provides:
20912 (A) fire protection, paramedic, and emergency services; or
20913 (B) extended police protection service;"; and
20914 (10) modify Subsection 17B-1-505 (1)(a)(i) to read:
20915 "(i) that provides:
20916 (A) fire protection, paramedic, and emergency services; [and] or
20917 (B) extended police protection service; and".
20918 Section 479. Coordinating H.B. 65 with S.B. 22 -- Changing technical cross
20919 reference.

20920 If this H.B.65 and S.B. 22, Sales and Use Tax Exemptions For Certain Governmental
20921 Entities and Entities Within the State Systems of Public and Higher Education, both pass, it is
20922 the intent of the Legislature that the Office of Legislative Research and General Counsel, in
20923 preparing the Utah Code database for publication, replace the reference in Subsection
20924 59-12-102 (36)(a)(vi) to "Section 17B-2-101 " with "Section 17B-1-102 ".
20925 Section 480. Coordinating H.B. 65 with S.B. 95 -- Changing terminology and
20926 technical cross references.
20927 If this H.B. 65 and S.B. 95, Permanent Instream Flow to Preserve Water Quality, both
20928 pass, it is the intent of the Legislature that the Office of Legislative Research and General
20929 Counsel, in preparing the Utah Code database for publication, replace the language in
20930 Subsection 73-3-30 (3)(a) to "a special district, as defined in Subsection 17A-1-404 (19)(c), (d),
20931 (g), or (l)," with "a special service district under Title 17A, Chapter 2, Part 13, Utah Special
20932 Service District Act, a service area under Title 17B, Chapter 2a, Part 9, Service Area Act, a
20933 water conservancy district under Title 17B, Chapter 2a, Part 10, Water Conservancy District
20934 Act, a county providing water or sewer service to an assessment area under Title 11, Chapter
20935 42, Assessment Area Act,".
20936 Section 481. Coordinating H.B. 65 with S.B. 98 -- Changing terminology and
20937 merging substantive amendments.
20938 If this H.B. 65 and S.B. 98, Governmental Immunity for Trails, both pass, it is the intent
20939 of the Legislature that the Office of Legislative Research and General Counsel, in preparing the
20940 Utah Code database for publication, modify Subsection 78-27-63 (2) to read:
20941 "(2) Notwithstanding anything in Sections 78-27-37, 78-27-38, 78-27-39, 78-27-40,
20942 78-27-41, 78-27-42, and 78-27-43 to the contrary, no person may make a claim against or
20943 recover from any of the following entities for personal injury or property damage resulting from
20944 any of the inherent risks of participating in a recreational activity:
20945 (a) a county, municipality, [or independent special] local district under Title [17A,
20946 Chapter 2, Independent Special Districts, for personal injury or property damage resulting from
20947 any of the inherent risks of participating in a recreational activity.] 17B, Limited Purpose Local
20948 Government Entities - Local Districts, special service district under Title 17A, Chapter 2, Part
20949 13, Utah Special Service District Act, or dependent district under Title 17A, Chapter 3,
20950 Dependent Districts; or

20951 (b) the owner of property that is leased, rented, or otherwise made available to a
20952 county, municipality, local district, special service district, or dependent district for the purpose
20953 of providing or operating a recreational activity."
20954 Section 482. Coordinating H.B. 65 with S.B. 111 -- Changing terminology.
20955 If this H.B. 65 and S.B. 111, Free Exercise of Religion Without Government
20956 Interference, both pass, it is the intent of the Legislature that the Office of Legislative Research
20957 and General Counsel, in preparing the Utah Code database for publication, replace the
20958 reference in Subsection 63-90c-102 (2)(a) to "a special district" with "a local district under Title
20959 17B, Limited Purpose Local Government Entities - Local Districts, a special service district
20960 under Title 17A, Chapter 2, Part 13, Utah Special Service District Act, a dependent district
20961 under Title 17A, Chapter 3, Dependent Districts,".
20962 Section 483. Coordinating H.B. 65 with S.B. 172 -- Changing terminology.
20963 If this H.B. 65 and S.B. 172, Municipal Land Use, Development, and Management
20964 Changes, both pass, it is the intent of the Legislature that the Office of Legislative Research
20965 and General Counsel, in preparing the Utah Code database for publication, modify Subsection
20966 10-9a-305 (8)(a) to read:
20967 "(a) is owned by a local district, special service district, or other political subdivision of
20968 the state;".
20969 Section 484. Coordinating H.B. 65 with S.B. 232 -- Changing terminology.
20970 If this H.B. 65 and S.B. 232, Military Installation Development Authority, both pass, it
20971 is the intent of the Legislature that the Office of Legislative Research and General Counsel, in
20972 preparing the Utah Code database for publication, modify Subsection 63H-1-102 (10)(b) to
20973 read:
20974 "(b) a political subdivision of the state, including a county, city, town, school district,
20975 local district, special service district, or interlocal cooperation entity."
20976 Section 485. Revisor instructions.
20977 It is the intent of the Legislature that the Office of Legislative Research and General
20978 Counsel, in preparing the Utah Code database for publication for sections not referenced in this
20979 bill:
20980 (1) replace the phrase "special district" or similar language having the same intent, in
20981 both existing code and in new language under bills enacted during the 2007 General Session,

20982 with:
20983 (a) if the context indicates that the phrase refers to independent special districts, "local
20984 district under Title 17B, Limited Purpose Local Government Entities - Local Districts, and
20985 special service district under Title 17A, Chapter 2, Part 13, Utah Special Service District Act";
20986 or
20987 (b) if the context indicates that the phrase refers to both independent special districts
20988 and dependent special districts, "local district under Title 17B, Limited Purpose Local
20989 Government Entities - Local Districts, special service district under Title 17A, Chapter 2, Part
20990 13, Utah Special Service District Act, and dependent district under Title 17A, Chapter 3,
20991 Dependent Districts"; and
20992 (2) replace the phrase "independent special district," in both existing code and in new
20993 language under bills enacted during the 2007 General Session, with "local district under Title
20994 17B, Limited Purpose Local Government Entities - Local Districts, and special service district
20995 under Title 17A, Chapter 2, Part 13, Utah Special Service District Act".