H.B. 65 Enrolled

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 purpose 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 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 value of taxable property in the service area;

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

86 for monetary, nonmonetary, or no consideration;
87 . validates existing fire protection district boards of trustees;
88 . modifies provisions relating to the board of trustees of a metropolitan water district;
89 . modifies the area within which a mosquito abatement district may provide service;
90 . eliminates a public transit district provision relating to labor dispute arbitration;
91 . transforms a former regional service area into a service area and makes the former
92 regional service area subject to provisions applicable to service area;
93 . rewrites and modifies powers of water conservancy districts and other political
94 subdivisions to enter into agreements related to water and water works;
95 . rewrites and consolidates provisions relating to different classes of water
96 conservancy district assessments;
97 . authorizes a local government entity to finance operation and maintenance costs of
98 improvements through an assessment area;
99 . authorizes a local government entity to add additional property to a designated
100 assessment area under certain circumstances;
101 . authorizes a local government entity to issue bond anticipation notes with respect to
102 anticipated bonds secured by property in an assessment area;
103 . authorizes the levy of assessments in an assessment area by zones;
104 . modifies provisions related to a board of equalization with respect to assessments
105 levied in an assessment area;
106 . authorizes a local government entity to designate a trustee for purposes of
107 foreclosing a lien after a delinquency;
108 . modifies provisions relating to a guaranty fund and reserve fund for paying
109 obligations relating to an assessment area;
110 . allows property owners to waive requirements applicable to the designation of an
111 assessment area and the levying of an assessment in an assessment area; and
112 . makes technical and conforming changes.
113 Monies Appropriated in this Bill:

114 None
115 Other Special Clauses:
116 This bill coordinates with H.B. 103, Statewide Mutual Aid Act, by providing changes
117 in terminology.
118 This bill coordinates with H.B. 140, Safe Drinking Water Amendments, by providing
119 changes in terminology.
120 This bill coordinates with H.B. 222, Open and Public Meetings - Electronic Notice, by
121 providing changes in terminology.
122 This bill coordinates with H.B. 253, Allowing State Memorials on State Property, by
123 providing changes in terminology.
124 This bill coordinates with H.B. 272, Prohibition Relating to Fees on Foster Homes for
125 the Use of Emergency Services, by providing changes in terminology.
126 This bill coordinates with H.B. 337, Local Government Post-Employment Benefit Trust
127 Fund Amendments, by providing changes in terminology.
128 This bill coordinates with H.B. 372, Local District Amendments, by providing
129 substantive amendments.
130 This bill coordinates with H.B. 430, Public Employees Union Financial Responsibility
131 Act, by providing changes in terminology.
132 This bill coordinates with H.B. 450, Law Enforcement Districts, by providing changes
133 in terminology and substantive amendments.
134 This bill coordinates with S.B. 22, Sales and Use Tax Exemptions For Certain
135 Governmental Entities, and Entities Within the State Systems of Public and Higher
136 Education by providing technical changes.
137 This bill coordinates with S.B. 95, Permanent Instream Flow to Preserve Water Quality,
138 by providing changes in terminology and technical changes.
139 This bill coordinates with S.B. 98, Governmental Immunity for Trails, by providing
140 changes in terminology and substantive amendments.
141 This bill coordinates with S.B. 111, Free Exercise of Religion Without Government

142 Interference, by providing changes in terminology.
143 This bill coordinates with S.B. 172, Municipal Land Use, Development, and
144 Management Changes, by providing changes in terminology.
145 This bill coordinates with S.B. 232, Military Installation Development Authority, by
146 providing changes in terminology.
147 This bill provides revisor instructions.
148 Utah Code Sections Affected:
149 AMENDS:
150 8-5-5, as last amended by Chapter 123, Laws of Utah 2002
151 10-1-117, as last amended by Chapter 233, Laws of Utah 2005
152 10-2-101, as last amended by Chapter 3, Laws of Utah 1997, Second Special Session
153 10-2-106, as last amended by Chapter 105, Laws of Utah 1999
154 10-2-401, as last amended by Chapter 206, Laws of Utah 2001
155 10-2-403, as last amended by Chapter 259, Laws of Utah 2004
156 10-2-406, as last amended by Chapters 211 and 257, Laws of Utah 2003
157 10-2-412, as last amended by Chapter 206, Laws of Utah 2001
158 10-2-413, as last amended by Chapter 206, Laws of Utah 2001
159 10-2-414, as last amended by Chapter 211, Laws of Utah 2003
160 10-2-418, as last amended by Chapter 227, Laws of Utah 2003
161 10-2-419, as last amended by Chapter 233, Laws of Utah 2005
162 10-2-425, as last amended by Chapter 233, Laws of Utah 2005
163 10-2-428, as enacted by Chapter 227, Laws of Utah 2003
164 10-5-119, as last amended by Chapter 30, Laws of Utah 1992
165 10-6-131, as enacted by Chapter 26, Laws of Utah 1979
166 10-7-14.2, as last amended by Chapter 30, Laws of Utah 1992
167 10-9a-103, as last amended by Chapters 14, 163, 240, 257 and 289, Laws of Utah 2006
168 10-9a-305, as last amended by Chapter 364, Laws of Utah 2006
169 11-2-1, as last amended by Chapter 9, Laws of Utah 1980

170 11-13-103, as last amended by Chapter 21, Laws of Utah 2003
171 11-14-102, as last amended by Chapter 83, Laws of Utah 2006
172 11-14-301, as last amended by Chapter 83, Laws of Utah 2006
173 11-14a-1, as enacted by Chapter 266, Laws of Utah 1995
174 11-27-2, as last amended by Chapter 359, Laws of Utah 2006
175 11-30-2, as enacted by Chapter 197, Laws of Utah 1987
176 11-31-2, as last amended by Chapter 12, Laws of Utah 2001
177 11-34-1, as enacted by Chapter 200, Laws of Utah 1987
178 11-36-102, as last amended by Chapter 257, Laws of Utah 2006
179 11-36-201, as last amended by Chapter 240, Laws of Utah 2006
180 11-36-202, as last amended by Chapters 240 and 257, Laws of Utah 2006
181 11-36-501, as last amended by Chapter 71, Laws of Utah 2005
182 11-39-101, as last amended by Chapter 94, Laws of Utah 2004
183 11-39-103, as last amended by Chapter 94, Laws of Utah 2004
184 11-39-107, as last amended by Chapter 25, Laws of Utah 2005
185 11-40-101, as last amended by Chapter 90, Laws of Utah 2004
186 14-1-18, as last amended by Chapter 25, Laws of Utah 2005
187 15-7-2, as enacted by Chapter 62, Laws of Utah 1983
188 17-23-17, as last amended by Chapter 155, Laws of Utah 2004
189 17-27a-103, as last amended by Chapters 14, 163, 240, 257 and 289, Laws of Utah
190 2006
191 17-27a-305, as last amended by Chapter 364, Laws of Utah 2006
192 17-35b-302, as last amended by Chapter 133, Laws of Utah 2000
193 17-35b-303, as enacted by Chapter 369, Laws of Utah 1998
194 17-36-9, as last amended by Chapter 300, Laws of Utah 1999
195 17-36-29, as last amended by Chapter 212, Laws of Utah 1996
196 17-41-101, as last amended by Chapter 194, Laws of Utah 2006
197 17-43-201, as last amended by Chapters 2 and 71, Laws of Utah 2005

198 17-43-301, as last amended by Chapter 71, Laws of Utah 2005
199 17-50-103, as enacted by Chapter 185, Laws of Utah 2000
200 17-52-403, as last amended by Chapter 241, Laws of Utah 2001
201 17A-2-1314, as last amended by Chapter 259, Laws of Utah 2003
202 17A-2-1315, as last amended by Chapter 105, Laws of Utah 2005
203 17A-2-1326, as last amended by Chapter 83, Laws of Utah 2006
204 17A-2-1330, as renumbered and amended by Chapter 186, Laws of Utah 1990
205 17C-1-102, as last amended by Chapter 254 and renumbered and amended by Chapter
206 359, Laws of Utah 2006
207 19-3-301, as last amended by Chapter 148, Laws of Utah 2005
208 19-4-111, as last amended by Chapter 185, Laws of Utah 2003
209 19-6-502, as renumbered and amended by Chapter 112, Laws of Utah 1991
210 20A-1-102, as last amended by Chapters 16, 264 and 326, Laws of Utah 2006
211 20A-1-201.5, as last amended by Chapter 355, Laws of Utah 2006
212 20A-1-202, as last amended by Chapter 241, Laws of Utah 2000
213 20A-1-512, as last amended by Chapter 108, Laws of Utah 1994
214 20A-2-101, as last amended by Chapter 266, Laws of Utah 1998
215 20A-3-101, as last amended by Chapter 177, Laws of Utah 2002
216 20A-3-102, as enacted by Chapter 1, Laws of Utah 1993
217 20A-3-501, as last amended by Chapter 127, Laws of Utah 2003
218 20A-4-301, as last amended by Chapter 355, Laws of Utah 2006
219 20A-4-304, as last amended by Chapters 326 and 355, Laws of Utah 2006
220 20A-4-305, as last amended by Chapter 24, Laws of Utah 1997
221 20A-4-401, as last amended by Chapter 105, Laws of Utah 2005
222 20A-5-101, as last amended by Chapter 249, Laws of Utah 2003
223 20A-5-201, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
224 20A-5-302, as last amended by Chapter 5, Laws of Utah 2005, First Special Session
225 20A-5-400.5, as last amended by Chapter 105, Laws of Utah 2005

226 20A-5-401, as last amended by Chapters 264 and 326, Laws of Utah 2006
227 20A-5-403, as last amended by Chapter 326, Laws of Utah 2006
228 20A-5-407, as last amended by Chapter 21, Laws of Utah 1994
229 20A-5-602, as last amended by Chapter 40, Laws of Utah 1998
230 20A-9-101, as last amended by Chapter 24, Laws of Utah 1997
231 20A-9-503, as last amended by Chapter 45, Laws of Utah 1999
232 20A-11-1202, as last amended by Chapter 142, Laws of Utah 2004
233 26-8a-405.1, as last amended by Chapter 60, Laws of Utah 2006
234 32A-2-103, as last amended by Chapter 152, Laws of Utah 2005
235 32A-3-106, as last amended by Chapter 152, Laws of Utah 2005
236 32A-4-106, as last amended by Chapter 268, Laws of Utah 2004
237 32A-4-307, as last amended by Chapter 268, Laws of Utah 2004
238 32A-5-107, as last amended by Chapter 268, Laws of Utah 2004
239 34-30-14, as enacted by Chapter 72, Laws of Utah 1995
240 34-32-1.1, as last amended by Chapter 220, Laws of Utah 2004
241 34-41-101, as enacted by Chapter 18, Laws of Utah 1994
242 36-12-13, as last amended by Chapter 55, Laws of Utah 1998
243 49-11-102, as last amended by Chapter 116, Laws of Utah 2005
244 51-4-2, as last amended by Chapters 10 and 215, Laws of Utah 1997
245 52-4-203, as renumbered and amended by Chapter 14 and last amended by Chapters
246 263 and 265, Laws of Utah 2006
247 53-3-207, as last amended by Chapter 20, Laws of Utah 2005
248 53-7-104, as last amended by Chapter 25, Laws of Utah 2001
249 53-10-605, as last amended by Chapter 169, Laws of Utah 2005
250 53-13-103, as last amended by Chapter 347, Laws of Utah 2006
251 53A-2-123, as last amended by Chapter 169, Laws of Utah 2005
252 53B-16-104, as enacted by Chapter 21, Laws of Utah 2000
253 54-3-28, as last amended by Chapter 169, Laws of Utah 2005

254 54-8c-1, as last amended by Chapter 30, Laws of Utah 1992
255 54-14-103, as enacted by Chapter 197, Laws of Utah 1997
256 57-8-27, as last amended by Chapter 265, Laws of Utah 2003
257 59-2-102, as last amended by Chapters 223 and 249, Laws of Utah 2006
258 59-2-511, as last amended by Chapter 254, Laws of Utah 2005
259 59-2-912, as last amended by Chapter 227, Laws of Utah 1993
260 59-2-924, as last amended by Chapters 26, 105 and 359, Laws of Utah 2006
261 59-2-1101, as last amended by Chapter 19, Laws of Utah 2005
262 59-12-104, as last amended by Chapters 181, 182, 217, 218, 219, 220, 246, 268 and
263 346, Laws of Utah 2006
264 59-12-501, as last amended by Chapter 253, Laws of Utah 2006
265 59-12-502, as last amended by Chapters 253 and 329, Laws of Utah 2006
266 59-12-1001, as last amended by Chapter 253, Laws of Utah 2006
267 59-12-1502, as enacted by Chapter 282, Laws of Utah 2003
268 59-12-1503, as last amended by Chapter 253, Laws of Utah 2006
269 59-12-1703, as enacted by Chapter 1, Laws of Utah 2006, Fourth Special Session
270 63-2-103, as last amended by Chapters 2, 261 and 300, Laws of Utah 2006
271 63-6-1 (Effective 07/01/07), as last amended by Chapter 357, Laws of Utah 2006
272 63-30d-102, as enacted by Chapter 267, Laws of Utah 2004
273 63-30d-401, as enacted by Chapter 267, Laws of Utah 2004
274 63-38-3.3, as last amended by Chapter 66, Laws of Utah 2005
275 63-38d-102, as enacted by Chapter 16, Laws of Utah 2003
276 63-38d-601, as enacted by Chapter 298, Laws of Utah 2005
277 63-38f-2002, as enacted by Chapter 151, Laws of Utah 2005
278 63-51-2, as last amended by Chapter 12, Laws of Utah 1994
279 63-56-102, as renumbered and amended by Chapter 25, Laws of Utah 2005
280 63-56-201, as renumbered and amended by Chapter 25, Laws of Utah 2005
281 63-90a-1, as enacted by Chapter 91, Laws of Utah 1994

282 63-90b-102, as enacted by Chapter 99, Laws of Utah 2005
283 63-91-102, as last amended by Chapter 293, Laws of Utah 1996
284 63-93-102, as enacted by Chapter 256, Laws of Utah 1997
285 63-96-102, as enacted by Chapter 341, Laws of Utah 1998
286 63A-9-401, as last amended by Chapter 34, Laws of Utah 2004
287 63C-7-103, as enacted by Chapter 136, Laws of Utah 1997
288 63D-2-102, as enacted by Chapter 175, Laws of Utah 2004
289 63E-1-102, as last amended by Chapter 46, Laws of Utah 2006
290 63F-1-507, as last amended by Chapter 359, Laws of Utah 2006
291 67-1a-6.5, as last amended by Chapter 359, Laws of Utah 2006
292 67-3-1, as last amended by Chapter 71, Laws of Utah 2005
293 67-11-2, as last amended by Chapter 92, Laws of Utah 1987
294 67-21-2, as last amended by Chapter 189, Laws of Utah 1989
295 71-8-1, as last amended by Chapter 134, Laws of Utah 2000
296 71-10-1, as last amended by Chapter 134, Laws of Utah 2000
297 72-1-208, as renumbered and amended by Chapter 270, Laws of Utah 1998
298 72-1-303, as last amended by Chapter 336, Laws of Utah 2004
299 72-2-201, as renumbered and amended by Chapter 270, Laws of Utah 1998
300 72-10-601, as enacted by Chapter 137, Laws of Utah 2006
301 73-1-4, as last amended by Chapter 99, Laws of Utah 2003
302 73-2-1, as last amended by Chapter 165, Laws of Utah 2005
303 73-5-15, as enacted by Chapter 193, Laws of Utah 2006
304 73-10-1, as last amended by Chapter 10, Laws of Utah 1997
305 73-10-21, as last amended by Chapter 30, Laws of Utah 1992
306 73-10-32, as last amended by Chapter 43, Laws of Utah 2004
307 76-10-1503, as last amended by Chapter 151, Laws of Utah 1998
308 78-27-63, as last amended by Chapter 304, Laws of Utah 2006
309 ENACTS:

310 11-42-101, Utah Code Annotated 1953
311 11-42-102, Utah Code Annotated 1953
312 11-42-103, Utah Code Annotated 1953
313 11-42-104, Utah Code Annotated 1953
314 11-42-105, Utah Code Annotated 1953
315 11-42-106, Utah Code Annotated 1953
316 11-42-107, Utah Code Annotated 1953
317 11-42-108, Utah Code Annotated 1953
318 11-42-109, Utah Code Annotated 1953
319 11-42-201, Utah Code Annotated 1953
320 11-42-202, Utah Code Annotated 1953
321 11-42-203, Utah Code Annotated 1953
322 11-42-204, Utah Code Annotated 1953
323 11-42-205, Utah Code Annotated 1953
324 11-42-206, Utah Code Annotated 1953
325 11-42-207, Utah Code Annotated 1953
326 11-42-208, Utah Code Annotated 1953
327 11-42-301, Utah Code Annotated 1953
328 11-42-302, Utah Code Annotated 1953
329 11-42-401, Utah Code Annotated 1953
330 11-42-402, Utah Code Annotated 1953
331 11-42-403, Utah Code Annotated 1953
332 11-42-404, Utah Code Annotated 1953
333 11-42-405, Utah Code Annotated 1953
334 11-42-406, Utah Code Annotated 1953
335 11-42-407, Utah Code Annotated 1953
336 11-42-408, Utah Code Annotated 1953
337 11-42-409, Utah Code Annotated 1953

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

366 17B-1-101, Utah Code Annotated 1953
367 17B-1-103, Utah Code Annotated 1953
368 17B-1-112, Utah Code Annotated 1953
369 17B-1-114, Utah Code Annotated 1953
370 17B-1-115, Utah Code Annotated 1953
371 17B-1-116, Utah Code Annotated 1953
372 17B-1-117, Utah Code Annotated 1953
373 17B-1-308, Utah Code Annotated 1953
374 17B-1-313, Utah Code Annotated 1953
375 17B-1-501, Utah Code Annotated 1953
376 17B-1-623, Utah Code Annotated 1953
377 17B-1-901, Utah Code Annotated 1953
378 17B-1-1001, Utah Code Annotated 1953
379 17B-1-1002, Utah Code Annotated 1953
380 17B-1-1101, Utah Code Annotated 1953
381 17B-1-1102, Utah Code Annotated 1953
382 17B-1-1103, Utah Code Annotated 1953
383 17B-1-1104, Utah Code Annotated 1953
384 17B-1-1105, Utah Code Annotated 1953
385 17B-1-1106, Utah Code Annotated 1953
386 17B-1-1107, Utah Code Annotated 1953
387 17B-1-1201, Utah Code Annotated 1953
388 17B-1-1202, Utah Code Annotated 1953
389 17B-1-1203, Utah Code Annotated 1953
390 17B-1-1204, Utah Code Annotated 1953
391 17B-1-1205, Utah Code Annotated 1953
392 17B-1-1206, Utah Code Annotated 1953
393 17B-1-1207, Utah Code Annotated 1953

394 17B-1-1401, Utah Code Annotated 1953
395 17B-1-1402, Utah Code Annotated 1953
396 17B-2a-101, Utah Code Annotated 1953
397 17B-2a-102, Utah Code Annotated 1953
398 17B-2a-103, Utah Code Annotated 1953
399 17B-2a-104, Utah Code Annotated 1953
400 17B-2a-105, Utah Code Annotated 1953
401 17B-2a-106, Utah Code Annotated 1953
402 17B-2a-107, Utah Code Annotated 1953
403 17B-2a-201, Utah Code Annotated 1953
404 17B-2a-202, Utah Code Annotated 1953
405 17B-2a-203, Utah Code Annotated 1953
406 17B-2a-204, Utah Code Annotated 1953
407 17B-2a-205, Utah Code Annotated 1953
408 17B-2a-206, Utah Code Annotated 1953
409 17B-2a-207, Utah Code Annotated 1953
410 17B-2a-208, Utah Code Annotated 1953
411 17B-2a-209, Utah Code Annotated 1953
412 17B-2a-210, Utah Code Annotated 1953
413 17B-2a-211, Utah Code Annotated 1953
414 17B-2a-301, Utah Code Annotated 1953
415 17B-2a-302, Utah Code Annotated 1953
416 17B-2a-303, Utah Code Annotated 1953
417 17B-2a-304, Utah Code Annotated 1953
418 17B-2a-305, Utah Code Annotated 1953
419 17B-2a-306, Utah Code Annotated 1953
420 17B-2a-401, Utah Code Annotated 1953
421 17B-2a-402, Utah Code Annotated 1953

422 17B-2a-404, Utah Code Annotated 1953
423 17B-2a-405, Utah Code Annotated 1953
424 17B-2a-501, Utah Code Annotated 1953
425 17B-2a-502, Utah Code Annotated 1953
426 17B-2a-503, Utah Code Annotated 1953
427 17B-2a-504, Utah Code Annotated 1953
428 17B-2a-505, Utah Code Annotated 1953
429 17B-2a-506, Utah Code Annotated 1953
430 17B-2a-507, Utah Code Annotated 1953
431 17B-2a-508, Utah Code Annotated 1953
432 17B-2a-509, Utah Code Annotated 1953
433 17B-2a-510, Utah Code Annotated 1953
434 17B-2a-511, Utah Code Annotated 1953
435 17B-2a-512, Utah Code Annotated 1953
436 17B-2a-513, Utah Code Annotated 1953
437 17B-2a-514, Utah Code Annotated 1953
438 17B-2a-515, Utah Code Annotated 1953
439 17B-2a-516, Utah Code Annotated 1953
440 17B-2a-601, Utah Code Annotated 1953
441 17B-2a-602, Utah Code Annotated 1953
442 17B-2a-603, Utah Code Annotated 1953
443 17B-2a-604, Utah Code Annotated 1953
444 17B-2a-605, Utah Code Annotated 1953
445 17B-2a-606, Utah Code Annotated 1953
446 17B-2a-607, Utah Code Annotated 1953
447 17B-2a-701, Utah Code Annotated 1953
448 17B-2a-702, Utah Code Annotated 1953
449 17B-2a-703, Utah Code Annotated 1953

450 17B-2a-704, Utah Code Annotated 1953
451 17B-2a-801, Utah Code Annotated 1953
452 17B-2a-802, Utah Code Annotated 1953
453 17B-2a-803, Utah Code Annotated 1953
454 17B-2a-804, Utah Code Annotated 1953
455 17B-2a-805, Utah Code Annotated 1953
456 17B-2a-806, Utah Code Annotated 1953
457 17B-2a-808, Utah Code Annotated 1953
458 17B-2a-810, Utah Code Annotated 1953
459 17B-2a-811, Utah Code Annotated 1953
460 17B-2a-812, Utah Code Annotated 1953
461 17B-2a-813, Utah Code Annotated 1953
462 17B-2a-815, Utah Code Annotated 1953
463 17B-2a-816, Utah Code Annotated 1953
464 17B-2a-817, Utah Code Annotated 1953
465 17B-2a-818, Utah Code Annotated 1953
466 17B-2a-819, Utah Code Annotated 1953
467 17B-2a-820, Utah Code Annotated 1953
468 17B-2a-824, Utah Code Annotated 1953
469 17B-2a-901, Utah Code Annotated 1953
470 17B-2a-902, Utah Code Annotated 1953
471 17B-2a-903, Utah Code Annotated 1953
472 17B-2a-904, Utah Code Annotated 1953
473 17B-2a-905, Utah Code Annotated 1953
474 17B-2a-906, Utah Code Annotated 1953
475 17B-2a-1001, Utah Code Annotated 1953
476 17B-2a-1002, Utah Code Annotated 1953
477 17B-2a-1003, Utah Code Annotated 1953

478 17B-2a-1004, Utah Code Annotated 1953
479 17B-2a-1006, Utah Code Annotated 1953
480 17B-2a-1007, Utah Code Annotated 1953
481 17B-2a-1008, Utah Code Annotated 1953
482 RENUMBERS AND AMENDS:
483 17B-1-102, (Renumbered from 17B-2-101, as last amended by Chapter 90, Laws of
484 Utah 2001)
485 17B-1-104, (Renumbered from 17B-2-102, as enacted by Chapter 90, Laws of Utah
486 2001)
487 17B-1-105, (Renumbered from 17A-1-204, as last amended by Chapter 183, Laws of
488 Utah 2001)
489 17B-1-106, (Renumbered from 17B-2-104, as last amended by Chapter 169, Laws of
490 Utah 2005)
491 17B-1-107, (Renumbered from 17A-1-701, as enacted by Chapter 44, Laws of Utah
492 1994)
493 17B-1-108, (Renumbered from 17A-1-802, as enacted by Chapter 21, Laws of Utah
494 2000)
495 17B-1-109, (Renumbered from 17A-1-202, as last amended by Chapter 200, Laws of
496 Utah 1995)
497 17B-1-110, (Renumbered from 17A-1-201, as enacted by Chapter 273, Laws of Utah
498 1991)
499 17B-1-111, (Renumbered from 17A-1-203, as enacted by Chapter 11, Laws of Utah
500 1995, First Special Session)
501 17B-1-113, (Renumbered from 17A-1-504, as enacted by Chapter 221, Laws of Utah
502 1998)
503 17B-1-201, (Renumbered from 17B-2-201, as last amended by Chapter 90, Laws of
504 Utah 2001)
505 17B-1-202, (Renumbered from 17B-2-202, as last amended by Chapter 257, Laws of

506 Utah 2003)
507 17B-1-203, (Renumbered from 17B-2-203, as last amended by Chapter 254, Laws of
508 Utah 2000)
509 17B-1-204, (Renumbered from 17B-2-204, as enacted by Chapter 368, Laws of Utah
510 1998)
511 17B-1-205, (Renumbered from 17B-2-205, as enacted by Chapter 368, Laws of Utah
512 1998)
513 17B-1-206, (Renumbered from 17B-2-206, as enacted by Chapter 368, Laws of Utah
514 1998)
515 17B-1-207, (Renumbered from 17B-2-207, as enacted by Chapter 368, Laws of Utah
516 1998)
517 17B-1-208, (Renumbered from 17B-2-208, as last amended by Chapter 254, Laws of
518 Utah 2000)
519 17B-1-209, (Renumbered from 17B-2-209, as enacted by Chapter 368, Laws of Utah
520 1998)
521 17B-1-210, (Renumbered from 17B-2-210, as enacted by Chapter 368, Laws of Utah
522 1998)
523 17B-1-211, (Renumbered from 17B-2-211, as enacted by Chapter 368, Laws of Utah
524 1998)
525 17B-1-212, (Renumbered from 17B-2-212, as enacted by Chapter 368, Laws of Utah
526 1998)
527 17B-1-213, (Renumbered from 17B-2-213, as last amended by Chapter 257, Laws of
528 Utah 2003)
529 17B-1-214, (Renumbered from 17B-2-214, as last amended by Chapter 6, Laws of Utah
530 2003, Second Special Session)
531 17B-1-215, (Renumbered from 17B-2-215, as last amended by Chapter 233, Laws of
532 Utah 2005)
533 17B-1-216, (Renumbered from 17B-2-216, as last amended by Chapter 233, Laws of

534 Utah 2005)
535 17B-1-217, (Renumbered from 17A-2-103, as last amended by Chapter 83, Laws of
536 Utah 2006)
537 17B-1-301, (Renumbered from 17B-2-401, as enacted by Chapter 254, Laws of Utah
538 2000)
539 17B-1-302, (Renumbered from 17B-2-402, as enacted by Chapter 254, Laws of Utah
540 2000)
541 17B-1-303, (Renumbered from 17B-2-403, as enacted by Chapter 254, Laws of Utah
542 2000)
543 17B-1-304, (Renumbered from 17A-1-303, as last amended by Chapter 14, Laws of
544 Utah 2006)
545 17B-1-305, (Renumbered from 17A-1-304, as last amended by Chapter 241, Laws of
546 Utah 2000)
547 17B-1-306, (Renumbered from 17A-1-305, as last amended by Chapters 81 and 241,
548 Laws of Utah 2000)
549 17B-1-307, (Renumbered from 17B-2-404, as enacted by Chapter 254, Laws of Utah
550 2000)
551 17B-1-309, (Renumbered from 17B-2-405, as enacted by Chapter 254, Laws of Utah
552 2000)
553 17B-1-310, (Renumbered from 17B-2-406, as last amended by Chapter 14, Laws of
554 Utah 2006)
555 17B-1-311, (Renumbered from 17A-1-306, as enacted by Chapter 273, Laws of Utah
556 1991)
557 17B-1-312, (Renumbered from 17A-2-102, as enacted by Chapter 154, Laws of Utah
558 1999)
559 17B-1-401, (Renumbered from 17B-2-501, as enacted by Chapter 90, Laws of Utah
560 2001)
561 17B-1-402, (Renumbered from 17B-2-502, as last amended by Chapter 257, Laws of

562 Utah 2003)
563 17B-1-403, (Renumbered from 17B-2-503, as last amended by Chapter 158, Laws of
564 Utah 2004)
565 17B-1-404, (Renumbered from 17B-2-504, as enacted by Chapter 90, Laws of Utah
566 2001)
567 17B-1-405, (Renumbered from 17B-2-505, as enacted by Chapter 90, Laws of Utah
568 2001)
569 17B-1-406, (Renumbered from 17B-2-506, as enacted by Chapter 90, Laws of Utah
570 2001)
571 17B-1-407, (Renumbered from 17B-2-507, as enacted by Chapter 90, Laws of Utah
572 2001)
573 17B-1-408, (Renumbered from 17B-2-508, as enacted by Chapter 90, Laws of Utah
574 2001)
575 17B-1-409, (Renumbered from 17B-2-509, as enacted by Chapter 90, Laws of Utah
576 2001)
577 17B-1-410, (Renumbered from 17B-2-510, as last amended by Chapter 89, Laws of
578 Utah 2003)
579 17B-1-411, (Renumbered from 17B-2-511, as enacted by Chapter 90, Laws of Utah
580 2001)
581 17B-1-412, (Renumbered from 17B-2-512, as last amended by Chapters 89 and 170,
582 Laws of Utah 2003)
583 17B-1-413, (Renumbered from 17B-2-513, as enacted by Chapter 90, Laws of Utah
584 2001)
585 17B-1-414, (Renumbered from 17B-2-514, as last amended by Chapter 233, Laws of
586 Utah 2005)
587 17B-1-415, (Renumbered from 17B-2-515, as last amended by Chapter 170, Laws of
588 Utah 2003)
589 17B-1-416, (Renumbered from 17B-2-515.5, as last amended by Chapters 71 and 233,

590 Laws of Utah 2005)
591 17B-1-417, (Renumbered from 17B-2-516, as last amended by Chapter 233, Laws of
592 Utah 2005)
593 17B-1-418, (Renumbered from 17B-2-517, as enacted by Chapter 90, Laws of Utah
594 2001)
595 17B-1-502, (Renumbered from 17B-2-601, as last amended by Chapters 36 and 233,
596 Laws of Utah 2005)
597 17B-1-503, (Renumbered from 17B-2-602, as enacted by Chapter 284, Laws of Utah
598 2002)
599 17B-1-504, (Renumbered from 17B-2-603, as last amended by Chapter 257, Laws of
600 Utah 2003)
601 17B-1-505, (Renumbered from 17B-2-603.5, as last amended by Chapter 233, Laws of
602 Utah 2005)
603 17B-1-506, (Renumbered from 17B-2-604, as last amended by Chapter 90, Laws of
604 Utah 2004)
605 17B-1-507, (Renumbered from 17B-2-605, as enacted by Chapter 284, Laws of Utah
606 2002)
607 17B-1-508, (Renumbered from 17B-2-606, as enacted by Chapter 284, Laws of Utah
608 2002)
609 17B-1-509, (Renumbered from 17B-2-607, as enacted by Chapter 284, Laws of Utah
610 2002)
611 17B-1-510, (Renumbered from 17B-2-608, as last amended by Chapter 105, Laws of
612 Utah 2005)
613 17B-1-511, (Renumbered from 17B-2-609, as enacted by Chapter 284, Laws of Utah
614 2002)
615 17B-1-512, (Renumbered from 17B-2-610, as last amended by Chapters 36 and 233,
616 Laws of Utah 2005)
617 17B-1-513, (Renumbered from 17B-2-611, as enacted by Chapter 284, Laws of Utah

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

646 186, Laws of Utah 1990)
647 17B-1-615, (Renumbered from 17A-1-418, as renumbered and amended by Chapter
648 186, Laws of Utah 1990)
649 17B-1-616, (Renumbered from 17A-1-419, as renumbered and amended by Chapter
650 186, Laws of Utah 1990)
651 17B-1-617, (Renumbered from 17A-1-420, as renumbered and amended by Chapter
652 186, Laws of Utah 1990)
653 17B-1-618, (Renumbered from 17A-1-421, as renumbered and amended by Chapter
654 186, Laws of Utah 1990)
655 17B-1-619, (Renumbered from 17A-1-422, as renumbered and amended by Chapter
656 186, Laws of Utah 1990)
657 17B-1-620, (Renumbered from 17A-1-423, as renumbered and amended by Chapter
658 186, Laws of Utah 1990)
659 17B-1-621, (Renumbered from 17A-1-424, as renumbered and amended by Chapter
660 186, Laws of Utah 1990)
661 17B-1-622, (Renumbered from 17A-1-425, as renumbered and amended by Chapter
662 186, Laws of Utah 1990)
663 17B-1-624, (Renumbered from 17A-1-427, as renumbered and amended by Chapter
664 186, Laws of Utah 1990)
665 17B-1-625, (Renumbered from 17A-1-428, as last amended by Chapter 30, Laws of
666 Utah 1992)
667 17B-1-626, (Renumbered from 17A-1-429, as renumbered and amended by Chapter
668 186, Laws of Utah 1990)
669 17B-1-627, (Renumbered from 17A-1-430, as renumbered and amended by Chapter
670 186, Laws of Utah 1990)
671 17B-1-628, (Renumbered from 17A-1-431, as renumbered and amended by Chapter
672 186, Laws of Utah 1990)
673 17B-1-629, (Renumbered from 17A-1-432, as last amended by Chapter 178, Laws of

674 Utah 2006)
675 17B-1-630, (Renumbered from 17A-1-433, as renumbered and amended by Chapter
676 186, Laws of Utah 1990)
677 17B-1-631, (Renumbered from 17A-1-434, as renumbered and amended by Chapter
678 186, Laws of Utah 1990)
679 17B-1-632, (Renumbered from 17A-1-436, as last amended by Chapter 200, Laws of
680 Utah 1995)
681 17B-1-633, (Renumbered from 17A-1-437, as last amended by Chapter 1, Laws of Utah
682 2000)
683 17B-1-634, (Renumbered from 17A-1-438, as renumbered and amended by Chapter
684 186, Laws of Utah 1990)
685 17B-1-635, (Renumbered from 17A-1-439, as last amended by Chapter 145, Laws of
686 Utah 1997)
687 17B-1-636, (Renumbered from 17A-1-440, as renumbered and amended by Chapter
688 186, Laws of Utah 1990)
689 17B-1-637, (Renumbered from 17A-1-441, as renumbered and amended by Chapter
690 186, Laws of Utah 1990)
691 17B-1-638, (Renumbered from 17A-1-442, as renumbered and amended by Chapter
692 186, Laws of Utah 1990)
693 17B-1-639, (Renumbered from 17A-1-443, as last amended by Chapter 257, Laws of
694 Utah 2006)
695 17B-1-640, (Renumbered from 17A-1-444, as last amended by Chapter 71, Laws of
696 Utah 2005)
697 17B-1-641, (Renumbered from 17A-1-445, as renumbered and amended by Chapter
698 186, Laws of Utah 1990)
699 17B-1-642, (Renumbered from 17A-1-447, as last amended by Chapter 145, Laws of
700 Utah 1997)
701 17B-1-643, (Renumbered from 17A-1-448, as last amended by Chapter 14, Laws of

702 Utah 2006)
703 17B-1-644, (Renumbered from 17A-2-105, as enacted by Chapter 29, Laws of Utah
704 2005)
705 17B-1-701, (Renumbered from 17A-1-501, as last amended by Chapter 71, Laws of
706 Utah 2005)
707 17B-1-702, (Renumbered from 17A-1-502, as last amended by Chapter 295, Laws of
708 Utah 2004)
709 17B-1-703, (Renumbered from 17A-1-503, as last amended by Chapter 295, Laws of
710 Utah 2004)
711 17B-1-801, (Renumbered from 17A-1-601, as last amended by Chapter 4, Laws of Utah
712 1993)
713 17B-1-802, (Renumbered from 17A-1-602, as enacted by Chapter 22, Laws of Utah
714 1992)
715 17B-1-803, (Renumbered from 17A-1-603, as enacted by Chapter 22, Laws of Utah
716 1992)
717 17B-1-804, (Renumbered from 17A-1-604, as enacted by Chapter 284, Laws of Utah
718 2003)
719 17B-1-902, (Renumbered from 17B-2-803, as enacted by Chapter 316, Laws of Utah
720 2004)
721 17B-1-903, (Renumbered from 17B-2-802, as enacted by Chapter 316, Laws of Utah
722 2004)
723 17B-1-904, (Renumbered from 17B-2-801, as enacted by Chapter 316, Laws of Utah
724 2004)
725 17B-1-1301, (Renumbered from 17B-2-701, as enacted by Chapter 90, Laws of Utah
726 2001)
727 17B-1-1302, (Renumbered from 17B-2-702, as enacted by Chapter 90, Laws of Utah
728 2001)
729 17B-1-1303, (Renumbered from 17B-2-703, as enacted by Chapter 90, Laws of Utah

730 2001)
731 17B-1-1304, (Renumbered from 17B-2-704, as enacted by Chapter 90, Laws of Utah
732 2001)
733 17B-1-1305, (Renumbered from 17B-2-705, as enacted by Chapter 90, Laws of Utah
734 2001)
735 17B-1-1306, (Renumbered from 17B-2-706, as enacted by Chapter 90, Laws of Utah
736 2001)
737 17B-1-1307, (Renumbered from 17B-2-707, as enacted by Chapter 90, Laws of Utah
738 2001)
739 17B-1-1308, (Renumbered from 17B-2-708, as last amended by Chapter 233, Laws of
740 Utah 2005)
741 17B-2a-403, (Renumbered from 17A-2-301, as last amended by Chapter 284, Laws of
742 Utah 2002)
743 17B-2a-406, (Renumbered from 17A-2-302, as renumbered and amended by Chapter
744 186, Laws of Utah 1990)
745 17B-2a-705, (Renumbered from 17A-2-910, as last amended by Chapter 227, Laws of
746 Utah 1993)
747 17B-2a-807, (Renumbered from 17A-2-1038, as last amended by Chapters 295 and
748 336, Laws of Utah 2004)
749 17B-2a-809, (Renumbered from 17A-2-1060.1, as enacted by Chapter 295, Laws of
750 Utah 2004)
751 17B-2a-814, (Renumbered from 17A-2-1050, as last amended by Chapter 254, Laws of
752 Utah 2000)
753 17B-2a-821, (Renumbered from 17A-2-1061, as enacted by Chapter 151, Laws of Utah
754 1998)
755 17B-2a-822, (Renumbered from 17A-2-1062, as last amended by Chapter 347, Laws of
756 Utah 2006)
757 17B-2a-823, (Renumbered from 17A-2-1063, as last amended by Chapter 295, Laws of

758 Utah 2004)
759 17B-2a-907, (Renumbered from 17A-2-413, as last amended by Chapter 90, Laws of
760 Utah 2001)
761 17B-2a-1005, (Renumbered from 17A-2-1409, as last amended by Chapter 71, Laws of
762 Utah 2005)
763 REPEALS:
764 17A-1-101, as enacted by Chapter 273, Laws of Utah 1991
765 17A-1-102, as last amended by Chapter 170, Laws of Utah 2003
766 17A-1-205, as enacted by Chapter 316, Laws of Utah 2004
767 17A-1-301, as last amended by Chapters 131 and 184, Laws of Utah 2003
768 17A-1-302, as repealed and reenacted by Chapter 1, Laws of Utah 1993
769 17A-1-401, as renumbered and amended by Chapter 186, Laws of Utah 1990
770 17A-1-402, as renumbered and amended by Chapter 186, Laws of Utah 1990
771 17A-1-403, as last amended by Chapter 359, Laws of Utah 2006
772 17A-1-426, as renumbered and amended by Chapter 186, Laws of Utah 1990
773 17A-1-446, as renumbered and amended by Chapter 186, Laws of Utah 1990
774 17A-1-801, as last amended by Chapter 25, Laws of Utah 2005
775 17A-2-101, as last amended by Chapter 90, Laws of Utah 2001
776 17A-2-101.3, as last amended by Chapter 284, Laws of Utah 2002
777 17A-2-104, as last amended by Chapter 169, Laws of Utah 2005
778 17A-2-201, as renumbered and amended by Chapter 186, Laws of Utah 1990
779 17A-2-208, as last amended by Chapter 254, Laws of Utah 2000
780 17A-2-210, as last amended by Chapter 254, Laws of Utah 2000
781 17A-2-216, as last amended by Chapter 227, Laws of Utah 1993
782 17A-2-217, as renumbered and amended by Chapter 186, Laws of Utah 1990
783 17A-2-219, as last amended by Chapters 1 and 254, Laws of Utah 2000
784 17A-2-221, as renumbered and amended by Chapter 186, Laws of Utah 1990
785 17A-2-222, as renumbered and amended by Chapter 186, Laws of Utah 1990

786 17A-2-223, as last amended by Chapter 83, Laws of Utah 2006
787 17A-2-226, as renumbered and amended by Chapter 186, Laws of Utah 1990
788 17A-2-305, as last amended by Chapter 254, Laws of Utah 2000
789 17A-2-306, as last amended by Chapter 105, Laws of Utah 2005
790 17A-2-307, as last amended by Chapter 105, Laws of Utah 2005
791 17A-2-308, as last amended by Chapter 254, Laws of Utah 2000
792 17A-2-309, as last amended by Chapter 105, Laws of Utah 2005
793 17A-2-310, as last amended by Chapter 316, Laws of Utah 2004
794 17A-2-312, as renumbered and amended by Chapter 186, Laws of Utah 1990
795 17A-2-313, as renumbered and amended by Chapter 186, Laws of Utah 1990
796 17A-2-315, as last amended by Chapter 83, Laws of Utah 2006
797 17A-2-317, as last amended by Chapter 83, Laws of Utah 2006
798 17A-2-318, as renumbered and amended by Chapter 186, Laws of Utah 1990
799 17A-2-319, as renumbered and amended by Chapter 186, Laws of Utah 1990
800 17A-2-320, as last amended by Chapter 273, Laws of Utah 1991
801 17A-2-322, as last amended by Chapter 227, Laws of Utah 1993
802 17A-2-323, as renumbered and amended by Chapter 186, Laws of Utah 1990
803 17A-2-325, as last amended by Chapter 71, Laws of Utah 2005
804 17A-2-327, as renumbered and amended by Chapter 186, Laws of Utah 1990
805 17A-2-328, as last amended by Chapter 25, Laws of Utah 2005
806 17A-2-329, as renumbered and amended by Chapter 186, Laws of Utah 1990
807 17A-2-401, as renumbered and amended by Chapter 186, Laws of Utah 1990
808 17A-2-402, as last amended by Chapter 368, Laws of Utah 1998
809 17A-2-403, as last amended by Chapter 257, Laws of Utah 2003
810 17A-2-405, as last amended by Chapter 131, Laws of Utah 2003
811 17A-2-411, as last amended by Chapter 257, Laws of Utah 2003
812 17A-2-412, as last amended by Chapter 368, Laws of Utah 1998
813 17A-2-414, as last amended by Chapter 13, Laws of Utah 2005, First Special Session

814 17A-2-415, as renumbered and amended by Chapter 186, Laws of Utah 1990
815 17A-2-416, as last amended by Chapter 316, Laws of Utah 2004
816 17A-2-418, as last amended by Chapter 284, Laws of Utah 2002
817 17A-2-419, as renumbered and amended by Chapter 186, Laws of Utah 1990
818 17A-2-423, as last amended by Chapter 83, Laws of Utah 2006
819 17A-2-424, as last amended by Chapter 83, Laws of Utah 2006
820 17A-2-425, as renumbered and amended by Chapter 186, Laws of Utah 1990
821 17A-2-426, as last amended by Chapter 83, Laws of Utah 2006
822 17A-2-428, as last amended by Chapter 83, Laws of Utah 2006
823 17A-2-429, as repealed and reenacted by Chapter 83, Laws of Utah 2006
824 17A-2-431, as last amended by Chapter 83, Laws of Utah 2006
825 17A-2-502, as last amended by Chapter 368, Laws of Utah 1998
826 17A-2-506, as last amended by Chapter 254, Laws of Utah 2000
827 17A-2-509, as last amended by Chapter 254, Laws of Utah 2000
828 17A-2-511, as last amended by Chapter 254, Laws of Utah 2000
829 17A-2-512, as last amended by Chapter 254, Laws of Utah 2000
830 17A-2-514, as last amended by Chapter 254, Laws of Utah 2000
831 17A-2-522, as last amended by Chapter 39, Laws of Utah 2005
832 17A-2-523, as renumbered and amended by Chapter 186, Laws of Utah 1990
833 17A-2-524, as renumbered and amended by Chapter 186, Laws of Utah 1990
834 17A-2-525, as renumbered and amended by Chapter 186, Laws of Utah 1990
835 17A-2-526, as last amended by Chapter 10, Laws of Utah 1997
836 17A-2-527, as renumbered and amended by Chapter 186, Laws of Utah 1990
837 17A-2-528, as renumbered and amended by Chapter 186, Laws of Utah 1990
838 17A-2-530, as last amended by Chapter 90, Laws of Utah 2001
839 17A-2-532, as last amended by Chapter 254, Laws of Utah 2000
840 17A-2-533, as last amended by Chapter 254, Laws of Utah 2000
841 17A-2-534, as last amended by Chapters 1 and 254, Laws of Utah 2000

842 17A-2-535, as last amended by Chapters 1 and 254, Laws of Utah 2000
843 17A-2-536, as last amended by Chapter 254, Laws of Utah 2000
844 17A-2-537, as last amended by Chapter 254, Laws of Utah 2000
845 17A-2-538, as renumbered and amended by Chapter 186, Laws of Utah 1990
846 17A-2-539, as renumbered and amended by Chapter 186, Laws of Utah 1990
847 17A-2-540, as last amended by Chapter 254, Laws of Utah 2000
848 17A-2-541, as last amended by Chapter 254, Laws of Utah 2000
849 17A-2-542, as renumbered and amended by Chapter 186, Laws of Utah 1990
850 17A-2-543, as last amended by Chapter 83, Laws of Utah 2006
851 17A-2-544, as last amended by Chapters 1 and 254, Laws of Utah 2000
852 17A-2-545, as last amended by Chapter 254, Laws of Utah 2000
853 17A-2-548, as last amended by Chapter 254, Laws of Utah 2000
854 17A-2-549, as last amended by Chapter 254, Laws of Utah 2000
855 17A-2-550, as last amended by Chapter 254, Laws of Utah 2000
856 17A-2-551, as last amended by Chapter 254, Laws of Utah 2000
857 17A-2-552, as last amended by Chapter 254, Laws of Utah 2000
858 17A-2-553, as last amended by Chapters 1 and 254, Laws of Utah 2000
859 17A-2-554, as renumbered and amended by Chapter 186, Laws of Utah 1990
860 17A-2-555, as last amended by Chapter 254, Laws of Utah 2000
861 17A-2-556, as last amended by Chapter 9, Laws of Utah 2001
862 17A-2-557, as renumbered and amended by Chapter 186, Laws of Utah 1990
863 17A-2-559, as renumbered and amended by Chapter 186, Laws of Utah 1990
864 17A-2-560, as last amended by Chapter 254, Laws of Utah 2000
865 17A-2-601, as last amended by Chapter 368, Laws of Utah 1998
866 17A-2-607, as last amended by Chapter 368, Laws of Utah 1998
867 17A-2-609, as last amended by Chapter 254, Laws of Utah 2000
868 17A-2-610, as last amended by Chapter 254, Laws of Utah 2000
869 17A-2-611, as renumbered and amended by Chapter 186, Laws of Utah 1990

870 17A-2-612, as repealed and reenacted by Chapter 273, Laws of Utah 1991
871 17A-2-613, as last amended by Chapter 254, Laws of Utah 2000
872 17A-2-615, as last amended by Chapter 254, Laws of Utah 2000
873 17A-2-616, as renumbered and amended by Chapter 186, Laws of Utah 1990
874 17A-2-617, as last amended by Chapter 254, Laws of Utah 2000
875 17A-2-618, as last amended by Chapter 254, Laws of Utah 2000
876 17A-2-619, as last amended by Chapter 254, Laws of Utah 2000
877 17A-2-620, as renumbered and amended by Chapter 186, Laws of Utah 1990
878 17A-2-621, as renumbered and amended by Chapter 186, Laws of Utah 1990
879 17A-2-622, as last amended by Chapter 105, Laws of Utah 2005
880 17A-2-623, as renumbered and amended by Chapter 186, Laws of Utah 1990
881 17A-2-701.1, as enacted by Chapter 285, Laws of Utah 2002
882 17A-2-701.2, as enacted by Chapter 285, Laws of Utah 2002
883 17A-2-701.5, as enacted by Chapter 285, Laws of Utah 2002
884 17A-2-706, as last amended by Chapter 90, Laws of Utah 2001
885 17A-2-707, as last amended by Chapter 254, Laws of Utah 2000
886 17A-2-711, as last amended by Chapter 285, Laws of Utah 2002
887 17A-2-712, as last amended by Chapter 105, Laws of Utah 2005
888 17A-2-713, as renumbered and amended by Chapter 186, Laws of Utah 1990
889 17A-2-717.5, as enacted by Chapter 285, Laws of Utah 2002
890 17A-2-718, as last amended by Chapter 285, Laws of Utah 2002
891 17A-2-719.5, as enacted by Chapter 285, Laws of Utah 2002
892 17A-2-721, as last amended by Chapter 285, Laws of Utah 2002
893 17A-2-722, as last amended by Chapter 285, Laws of Utah 2002
894 17A-2-724, as last amended by Chapter 285, Laws of Utah 2002
895 17A-2-726, as last amended by Chapter 285, Laws of Utah 2002
896 17A-2-728, as last amended by Chapter 254, Laws of Utah 2000
897 17A-2-729, as renumbered and amended by Chapter 186, Laws of Utah 1990

898 17A-2-730, as last amended by Chapter 90, Laws of Utah 2001
899 17A-2-738, as last amended by Chapter 90, Laws of Utah 2001
900 17A-2-739, as renumbered and amended by Chapter 186, Laws of Utah 1990
901 17A-2-749, as last amended by Chapter 90, Laws of Utah 2001
902 17A-2-750, as last amended by Chapter 254, Laws of Utah 2000
903 17A-2-751, as last amended by Chapter 90, Laws of Utah 2001
904 17A-2-752, as last amended by Chapter 90, Laws of Utah 2001
905 17A-2-753, as renumbered and amended by Chapter 186, Laws of Utah 1990
906 17A-2-754, as last amended by Chapter 285, Laws of Utah 2002
907 17A-2-755, as last amended by Chapter 285, Laws of Utah 2002
908 17A-2-756, as last amended by Chapter 285, Laws of Utah 2002
909 17A-2-757, as last amended by Chapter 254, Laws of Utah 2000
910 17A-2-758, as last amended by Chapter 90, Laws of Utah 2001
911 17A-2-759, as last amended by Chapter 90, Laws of Utah 2001
912 17A-2-760, as last amended by Chapter 254, Laws of Utah 2000
913 17A-2-761, as last amended by Chapter 285, Laws of Utah 2002
914 17A-2-762, as renumbered and amended by Chapter 186, Laws of Utah 1990
915 17A-2-763, as renumbered and amended by Chapter 186, Laws of Utah 1990
916 17A-2-764, as renumbered and amended by Chapter 186, Laws of Utah 1990
917 17A-2-765, as renumbered and amended by Chapter 186, Laws of Utah 1990
918 17A-2-766, as renumbered and amended by Chapter 186, Laws of Utah 1990
919 17A-2-767, as last amended by Chapter 254, Laws of Utah 2000
920 17A-2-801, as last amended by Chapter 90, Laws of Utah 2001
921 17A-2-802, as last amended by Chapter 254, Laws of Utah 2000
922 17A-2-803, as last amended by Chapter 90, Laws of Utah 2001
923 17A-2-810, as renumbered and amended by Chapter 186, Laws of Utah 1990
924 17A-2-818, as last amended by Chapter 39, Laws of Utah 2005
925 17A-2-819, as last amended by Chapter 70, Laws of Utah 2001

926 17A-2-820, as last amended by Chapter 254, Laws of Utah 2000
927 17A-2-821, as last amended by Chapter 105, Laws of Utah 2005
928 17A-2-823, as renumbered and amended by Chapter 186, Laws of Utah 1990
929 17A-2-824, as last amended by Chapter 105, Laws of Utah 2005
930 17A-2-826, as last amended by Chapter 105, Laws of Utah 2005
931 17A-2-827, as last amended by Chapter 254, Laws of Utah 2000
932 17A-2-828, as last amended by Chapter 254, Laws of Utah 2000
933 17A-2-829, as last amended by Chapter 254, Laws of Utah 2000
934 17A-2-830, as last amended by Chapter 254, Laws of Utah 2000
935 17A-2-831, as last amended by Chapter 254, Laws of Utah 2000
936 17A-2-833, as renumbered and amended by Chapter 186, Laws of Utah 1990
937 17A-2-834, as last amended by Chapter 254, Laws of Utah 2000
938 17A-2-835, as last amended by Chapter 254, Laws of Utah 2000
939 17A-2-836, as last amended by Chapter 254, Laws of Utah 2000
940 17A-2-837, as renumbered and amended by Chapter 186, Laws of Utah 1990
941 17A-2-838, as renumbered and amended by Chapter 186, Laws of Utah 1990
942 17A-2-839, as renumbered and amended by Chapter 186, Laws of Utah 1990
943 17A-2-840, as last amended by Chapter 254, Laws of Utah 2000
944 17A-2-843, as last amended by Chapter 254, Laws of Utah 2000
945 17A-2-845, as last amended by Chapter 254, Laws of Utah 2000
946 17A-2-846, as renumbered and amended by Chapter 186, Laws of Utah 1990
947 17A-2-847, as last amended by Chapter 254, Laws of Utah 2000
948 17A-2-848, as renumbered and amended by Chapter 186, Laws of Utah 1990
949 17A-2-849, as last amended by Chapter 254, Laws of Utah 2000
950 17A-2-850, as last amended by Chapter 254, Laws of Utah 2000
951 17A-2-851, as renumbered and amended by Chapter 186, Laws of Utah 1990
952 17A-2-901, as renumbered and amended by Chapter 186, Laws of Utah 1990
953 17A-2-906, as last amended by Chapter 368, Laws of Utah 1998

954 17A-2-907, as last amended by Chapter 254, Laws of Utah 2000
955 17A-2-908, as last amended by Chapter 83, Laws of Utah 2006
956 17A-2-909, as last amended by Chapter 227, Laws of Utah 1993
957 17A-2-911, as renumbered and amended by Chapter 186, Laws of Utah 1990
958 17A-2-914, as renumbered and amended by Chapter 186, Laws of Utah 1990
959 17A-2-1001, as renumbered and amended by Chapter 186, Laws of Utah 1990
960 17A-2-1002, as renumbered and amended by Chapter 186, Laws of Utah 1990
961 17A-2-1003, as renumbered and amended by Chapter 186, Laws of Utah 1990
962 17A-2-1004, as last amended by Chapters 151 and 217, Laws of Utah 1998
963 17A-2-1016, as last amended by Chapter 136, Laws of Utah 2005
964 17A-2-1017, as renumbered and amended by Chapter 186, Laws of Utah 1990
965 17A-2-1018, as renumbered and amended by Chapter 186, Laws of Utah 1990
966 17A-2-1019, as renumbered and amended by Chapter 186, Laws of Utah 1990
967 17A-2-1020, as renumbered and amended by Chapter 186, Laws of Utah 1990
968 17A-2-1021, as renumbered and amended by Chapter 186, Laws of Utah 1990
969 17A-2-1022, as renumbered and amended by Chapter 186, Laws of Utah 1990
970 17A-2-1023, as last amended by Chapter 1, Laws of Utah 2000
971 17A-2-1024, as last amended by Chapter 1, Laws of Utah 2000
972 17A-2-1025, as renumbered and amended by Chapter 186, Laws of Utah 1990
973 17A-2-1026, as renumbered and amended by Chapter 186, Laws of Utah 1990
974 17A-2-1027, as renumbered and amended by Chapter 186, Laws of Utah 1990
975 17A-2-1028, as renumbered and amended by Chapter 186, Laws of Utah 1990
976 17A-2-1029, as renumbered and amended by Chapter 186, Laws of Utah 1990
977 17A-2-1030, as last amended by Chapter 1, Laws of Utah 2000
978 17A-2-1031, as renumbered and amended by Chapter 186, Laws of Utah 1990
979 17A-2-1032, as renumbered and amended by Chapter 186, Laws of Utah 1990
980 17A-2-1033, as renumbered and amended by Chapter 186, Laws of Utah 1990
981 17A-2-1034, as renumbered and amended by Chapter 186, Laws of Utah 1990

982 17A-2-1035, as renumbered and amended by Chapter 186, Laws of Utah 1990
983 17A-2-1036, as last amended by Chapter 285, Laws of Utah 1992
984 17A-2-1037, as last amended by Chapter 105, Laws of Utah 2005
985 17A-2-1039, as last amended by Chapter 336, Laws of Utah 2004
986 17A-2-1040, as last amended by Chapter 254, Laws of Utah 2000
987 17A-2-1041, as renumbered and amended by Chapter 186, Laws of Utah 1990
988 17A-2-1042, as renumbered and amended by Chapter 186, Laws of Utah 1990
989 17A-2-1043, as renumbered and amended by Chapter 186, Laws of Utah 1990
990 17A-2-1044, as last amended by Chapter 254, Laws of Utah 2000
991 17A-2-1045, as renumbered and amended by Chapter 186, Laws of Utah 1990
992 17A-2-1046, as renumbered and amended by Chapter 186, Laws of Utah 1990
993 17A-2-1047, as renumbered and amended by Chapter 186, Laws of Utah 1990
994 17A-2-1048, as last amended by Chapter 90, Laws of Utah 2001
995 17A-2-1051, as last amended by Chapter 71, Laws of Utah 2005
996 17A-2-1052, as last amended by Chapter 254, Laws of Utah 2000
997 17A-2-1053, as renumbered and amended by Chapter 186, Laws of Utah 1990
998 17A-2-1054, as last amended by Chapter 254, Laws of Utah 2000
999 17A-2-1055, as renumbered and amended by Chapter 186, Laws of Utah 1990
1000 17A-2-1056, as last amended by Chapter 102, Laws of Utah 2005
1001 17A-2-1057, as renumbered and amended by Chapter 186, Laws of Utah 1990
1002 17A-2-1058, as last amended by Chapter 105, Laws of Utah 2005
1003 17A-2-1059, as last amended by Chapter 133, Laws of Utah 2000
1004 17A-2-1060, as enacted by Chapter 131, Laws of Utah 1997
1005 17A-2-1401, as renumbered and amended by Chapter 186, Laws of Utah 1990
1006 17A-2-1402, as last amended by Chapter 254, Laws of Utah 2000
1007 17A-2-1412, as last amended by Chapter 254, Laws of Utah 2000
1008 17A-2-1413, as last amended by Chapter 9, Laws of Utah 2001
1009 17A-2-1414, as last amended by Chapter 105, Laws of Utah 2005

1010 17A-2-1415, as last amended by Chapter 234, Laws of Utah 1991
1011 17A-2-1416, as renumbered and amended by Chapter 186, Laws of Utah 1990
1012 17A-2-1417, as renumbered and amended by Chapter 186, Laws of Utah 1990
1013 17A-2-1418, as renumbered and amended by Chapter 186, Laws of Utah 1990
1014 17A-2-1419, as renumbered and amended by Chapter 186, Laws of Utah 1990
1015 17A-2-1420, as last amended by Chapter 90, Laws of Utah 2001
1016 17A-2-1421, as renumbered and amended by Chapter 186, Laws of Utah 1990
1017 17A-2-1422, as renumbered and amended by Chapter 186, Laws of Utah 1990
1018 17A-2-1423, as last amended by Chapter 159, Laws of Utah 2006
1019 17A-2-1424, as last amended by Chapter 227, Laws of Utah 1993
1020 17A-2-1425, as last amended by Chapters 1 and 254, Laws of Utah 2000
1021 17A-2-1426, as last amended by Chapter 5, Laws of Utah 1991
1022 17A-2-1427, as renumbered and amended by Chapter 186, Laws of Utah 1990
1023 17A-2-1428, as last amended by Chapter 261, Laws of Utah 1996
1024 17A-2-1429, as renumbered and amended by Chapter 186, Laws of Utah 1990
1025 17A-2-1430, as last amended by Chapter 227, Laws of Utah 1993
1026 17A-2-1431, as renumbered and amended by Chapter 186, Laws of Utah 1990
1027 17A-2-1432, as renumbered and amended by Chapter 186, Laws of Utah 1990
1028 17A-2-1433, as renumbered and amended by Chapter 186, Laws of Utah 1990
1029 17A-2-1434, as renumbered and amended by Chapter 186, Laws of Utah 1990
1030 17A-2-1435, as renumbered and amended by Chapter 186, Laws of Utah 1990
1031 17A-2-1436, as renumbered and amended by Chapter 186, Laws of Utah 1990
1032 17A-2-1439, as last amended by Chapter 105, Laws of Utah 2005
1033 17A-2-1440, as last amended by Chapter 105, Laws of Utah 2005
1034 17A-2-1441, as last amended by Chapter 261, Laws of Utah 1996
1035 17A-2-1442, as last amended by Chapter 254, Laws of Utah 2000
1036 17A-2-1443, as renumbered and amended by Chapter 186, Laws of Utah 1990
1037 17A-2-1444, as last amended by Chapter 1, Laws of Utah 2000

1038 17A-2-1445, as last amended by Chapter 5, Laws of Utah 1991
1039 17A-2-1446, as renumbered and amended by Chapter 186, Laws of Utah 1990
1040 17A-2-1447, as renumbered and amended by Chapter 186, Laws of Utah 1990
1041 17A-2-1448, as last amended by Chapter 9, Laws of Utah 2001
1042 17A-2-1449, as last amended by Chapter 9, Laws of Utah 2001
1043 17A-2-1801, as enacted by Chapter 216, Laws of Utah 1995
1044 17A-2-1802, as last amended by Chapter 19, Laws of Utah 1998
1045 17A-2-1803, as last amended by Chapter 1, Laws of Utah 2000
1046 17A-2-1804, as enacted by Chapter 216, Laws of Utah 1995
1047 17A-2-1805, as last amended by Chapter 1, Laws of Utah 2000
1048 17A-2-1806, as enacted by Chapter 216, Laws of Utah 1995
1049 17A-2-1807, as enacted by Chapter 216, Laws of Utah 1995
1050 17A-2-1808, as last amended by Chapter 254, Laws of Utah 2000
1051 17A-2-1821, as last amended by Chapter 90, Laws of Utah 2001
1052 17A-2-1822, as enacted by Chapter 216, Laws of Utah 1995
1053 17A-2-1823, as last amended by Chapter 105, Laws of Utah 2005
1054 17A-2-1824, as enacted by Chapter 216, Laws of Utah 1995
1055 17A-2-1826, as enacted by Chapter 216, Laws of Utah 1995
1056 17A-2-1828, as last amended by Chapter 83, Laws of Utah 2006
1057 17A-2-1829, as enacted by Chapter 216, Laws of Utah 1995
1058 17A-2-1830, as last amended by Chapter 267, Laws of Utah 2004
1059 17A-2-1831, as enacted by Chapter 216, Laws of Utah 1995
1060 17A-2-1832, as enacted by Chapter 216, Laws of Utah 1995
1061 17A-3-201, as renumbered and amended by Chapter 186, Laws of Utah 1990
1062 17A-3-202, as renumbered and amended by Chapter 186, Laws of Utah 1990
1063 17A-3-203, as last amended by Chapter 227, Laws of Utah 1993
1064 17A-3-204, as last amended by Chapters 12 and 146, Laws of Utah 1994
1065 17A-3-205, as renumbered and amended by Chapter 186 and last amended by Chapter

1066 214, Laws of Utah 1990
1067 17A-3-206, as renumbered and amended by Chapter 186, Laws of Utah 1990
1068 17A-3-207, as last amended by Chapter 181, Laws of Utah 1991
1069 17A-3-208, as last amended by Chapter 259, Laws of Utah 2003
1070 17A-3-209, as last amended by Chapter 1, Laws of Utah 2000
1071 17A-3-210, as last amended by Chapter 92, Laws of Utah 2002
1072 17A-3-211, as renumbered and amended by Chapter 186, Laws of Utah 1990
1073 17A-3-212, as renumbered and amended by Chapter 186, Laws of Utah 1990
1074 17A-3-213, as renumbered and amended by Chapter 186, Laws of Utah 1990
1075 17A-3-214, as renumbered and amended by Chapter 186, Laws of Utah 1990
1076 17A-3-215, as renumbered and amended by Chapter 186, Laws of Utah 1990
1077 17A-3-216, as renumbered and amended by Chapter 186, Laws of Utah 1990
1078 17A-3-217, as renumbered and amended by Chapter 186, Laws of Utah 1990
1079 17A-3-218, as last amended by Chapter 133, Laws of Utah 2000
1080 17A-3-219, as renumbered and amended by Chapter 186, Laws of Utah 1990
1081 17A-3-220, as last amended by Chapter 92, Laws of Utah 2002
1082 17A-3-221, as renumbered and amended by Chapter 186, Laws of Utah 1990
1083 17A-3-222, as renumbered and amended by Chapter 186 and last amended by Chapter
1084 214, Laws of Utah 1990
1085 17A-3-223, as renumbered and amended by Chapter 186, Laws of Utah 1990
1086 17A-3-224, as renumbered and amended by Chapter 186, Laws of Utah 1990
1087 17A-3-225, as last amended by Chapter 181, Laws of Utah 1995
1088 17A-3-226, as renumbered and amended by Chapter 186, Laws of Utah 1990
1089 17A-3-227, as last amended by Chapter 92, Laws of Utah 2002
1090 17A-3-228, as last amended by Chapter 92, Laws of Utah 2002
1091 17A-3-229, as renumbered and amended by Chapter 186, Laws of Utah 1990
1092 17A-3-230, as renumbered and amended by Chapter 186 and last amended by Chapter
1093 214, Laws of Utah 1990

1094 17A-3-231, as renumbered and amended by Chapter 186, Laws of Utah 1990
1095 17A-3-232, as last amended by Chapter 285, Laws of Utah 1992
1096 17A-3-233, as renumbered and amended by Chapter 186 and last amended by Chapter
1097 214, Laws of Utah 1990
1098 17A-3-234, as renumbered and amended by Chapter 186, Laws of Utah 1990
1099 17A-3-235, as renumbered and amended by Chapter 186 and last amended by Chapter
1100 214, Laws of Utah 1990
1101 17A-3-236, as renumbered and amended by Chapter 186, Laws of Utah 1990
1102 17A-3-237, as renumbered and amended by Chapter 186 and last amended by Chapter
1103 214, Laws of Utah 1990
1104 17A-3-238, as renumbered and amended by Chapter 186 and last amended by Chapter
1105 214, Laws of Utah 1990
1106 17A-3-239, as renumbered and amended by Chapter 186, Laws of Utah 1990
1107 17A-3-240, as renumbered and amended by Chapter 186, Laws of Utah 1990
1108 17A-3-241, as renumbered and amended by Chapter 186, Laws of Utah 1990
1109 17A-3-242, as renumbered and amended by Chapter 186, Laws of Utah 1990
1110 17A-3-243, as last amended by Chapter 30, Laws of Utah 1992
1111 17A-3-244, as renumbered and amended by Chapter 90, Laws of Utah 2001
1112 17A-3-301, as renumbered and amended by Chapter 186, Laws of Utah 1990
1113 17A-3-302, as renumbered and amended by Chapter 186, Laws of Utah 1990
1114 17A-3-303, as last amended by Chapter 1, Laws of Utah 2000
1115 17A-3-304, as last amended by Chapter 261, Laws of Utah 2003
1116 17A-3-305, as renumbered and amended by Chapter 186 and last amended by Chapter
1117 214, Laws of Utah 1990
1118 17A-3-306, as last amended by Chapter 292, Laws of Utah 2003
1119 17A-3-307, as last amended by Chapter 211, Laws of Utah 2003
1120 17A-3-308, as last amended by Chapter 86, Laws of Utah 2000
1121 17A-3-309, as last amended by Chapter 365, Laws of Utah 1999

1122 17A-3-310, as last amended by Chapter 92, Laws of Utah 2002
1123 17A-3-311, as renumbered and amended by Chapter 186, Laws of Utah 1990
1124 17A-3-312, as last amended by Chapter 47, Laws of Utah 1991
1125 17A-3-313, as last amended by Chapter 47, Laws of Utah 1991
1126 17A-3-314, as renumbered and amended by Chapter 186, Laws of Utah 1990
1127 17A-3-315, as renumbered and amended by Chapter 186, Laws of Utah 1990
1128 17A-3-316, as renumbered and amended by Chapter 186 and last amended by Chapter
1129 214, Laws of Utah 1990
1130 17A-3-317, as last amended by Chapter 292, Laws of Utah 2003
1131 17A-3-318, as renumbered and amended by Chapter 186 and last amended by Chapter
1132 214, Laws of Utah 1990
1133 17A-3-319, as renumbered and amended by Chapter 186, Laws of Utah 1990
1134 17A-3-320, as last amended by Chapter 92, Laws of Utah 2002
1135 17A-3-321, as renumbered and amended by Chapter 186, Laws of Utah 1990
1136 17A-3-322, as renumbered and amended by Chapter 186 and last amended by Chapter
1137 214, Laws of Utah 1990
1138 17A-3-323, as renumbered and amended by Chapter 186, Laws of Utah 1990
1139 17A-3-324, as renumbered and amended by Chapter 186, Laws of Utah 1990
1140 17A-3-325, as last amended by Chapter 181, Laws of Utah 1995
1141 17A-3-326, as last amended by Chapter 285, Laws of Utah 1992
1142 17A-3-327, as last amended by Chapter 285, Laws of Utah 1992
1143 17A-3-328, as last amended by Chapter 92, Laws of Utah 2002
1144 17A-3-329, as last amended by Chapter 92, Laws of Utah 2002
1145 17A-3-330, as renumbered and amended by Chapter 186, Laws of Utah 1990
1146 17A-3-331, as renumbered and amended by Chapter 186 and last amended by Chapter
1147 214, Laws of Utah 1990
1148 17A-3-332, as renumbered and amended by Chapter 186, Laws of Utah 1990
1149 17A-3-333, as renumbered and amended by Chapter 186 and last amended by Chapter

1150 214, Laws of Utah 1990
1151 17A-3-334, as last amended by Chapter 285, Laws of Utah 1992
1152 17A-3-335, as last amended by Chapter 285, Laws of Utah 1992
1153 17A-3-336, as renumbered and amended by Chapter 186, Laws of Utah 1990
1154 17A-3-337, as renumbered and amended by Chapter 186 and last amended by Chapter
1155 214, Laws of Utah 1990
1156 17A-3-338, as renumbered and amended by Chapter 186, Laws of Utah 1990
1157 17A-3-339, as renumbered and amended by Chapter 186 and last amended by Chapter
1158 214, Laws of Utah 1990
1159 17A-3-340, as renumbered and amended by Chapter 186 and last amended by Chapter
1160 214, Laws of Utah 1990
1161 17A-3-341, as renumbered and amended by Chapter 186, Laws of Utah 1990
1162 17A-3-342, as renumbered and amended by Chapter 186, Laws of Utah 1990
1163 17A-3-344, as renumbered and amended by Chapter 186, Laws of Utah 1990
1164 17A-3-345, as enacted by Chapter 214, Laws of Utah 1990
1165 17B-2-217, as last amended by Chapter 44, Laws of Utah 2005
1166 17B-2-804, as enacted by Chapter 316, Laws of Utah 2004
1167 17B-2-805, as enacted by Chapter 316, Laws of Utah 2004
1168 54-3-25, as enacted by Chapter 123, Laws of Utah 1990
1169 Uncodified Material Affected:
1170 ENACTS UNCODIFIED MATERIAL
1171
1172 Be it enacted by the Legislature of the state of Utah:
1173 Section 1. Section 8-5-5 is amended to read:
1174 8-5-5. Proceeds of resale of lots.
1175 The proceeds from the subsequent resale of any lot or parcel, title to which has been
1176 revested in the municipality or cemetery maintenance district under Section 8-5-2 or 8-5-6 , less
1177 the costs and expenses incurred in the proceeding, shall become part of the permanent care and

1178 improvement fund of the municipality or cemetery maintenance district, subject to subsequent
1179 disposition under Title 10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, Title 10,
1180 Chapter 6, Uniform Fiscal Procedures Act for Utah Cities, or Title [17A] 17B, Chapter 1, Part
1181 [4, Uniform] 6, Fiscal Procedures for [Special] Local Districts [Act].
1182 Section 2. Section 10-1-117 is amended to read:
1183 10-1-117. Amending articles of incorporation -- Lieutenant governor certification
1184 -- Effective date.
1185 (1) A municipality may amend its articles of incorporation by filing amended articles
1186 with the lieutenant governor.
1187 (2) The lieutenant governor may not certify amended articles of incorporation unless
1188 they have been:
1189 (a) approved by the municipal legislative body; and
1190 (b) signed and verified by the mayor of the municipality.
1191 (3) (a) Within ten days after receiving amended articles of incorporation that comply
1192 with Subsection (2), the lieutenant governor shall:
1193 (i) certify the amended articles; and
1194 (ii) deliver a copy of the certified articles to:
1195 (A) the legislative body of the municipality; and
1196 (B) the clerk of the county in which the municipality is located.
1197 (b) If the lieutenant governor receives amended articles of incorporation reflecting a
1198 municipal annexation or boundary adjustment under Chapter 2, Part 4, Annexation, that also
1199 causes an automatic annexation to a local district under Section [ 17B-2-515.5 ] 17B-1-416 or an
1200 automatic withdrawal from a local district under Subsection [ 17B-2-601 ] 17B-1-502 (2):
1201 (i) the lieutenant governor may not certify the municipality's amended articles or issue
1202 to the local district a certificate of annexation or withdrawal relating to the automatic
1203 annexation or withdrawal until the lieutenant governor receives both the municipality's
1204 amended articles of incorporation under Subsection 10-2-425 (1)(b) and the local district's
1205 notice of annexation under Subsection [ 17B-2-514 ] 17B-1-414 (2)(b) or notice of withdrawal

1206 under Subsection [ 17B-2-610 ] 17B-1-512 (1)(b);
1207 (ii) within ten days after receiving both the municipality's amended articles of
1208 incorporation and the local district's notice of annexation or withdrawal, the lieutenant
1209 governor shall:
1210 (A) simultaneously:
1211 (I) certify the amended articles; and
1212 (II) issue a certificate of annexation or withdrawal, as the case may be;
1213 (B) send a copy of the certified amended articles to the legislative body of the
1214 municipality;
1215 (C) send a certificate of annexation or withdrawal to the local district; and
1216 (D) send a copy of the certified amended articles and certificate of annexation or
1217 withdrawal to:
1218 (I) the State Tax Commission;
1219 (II) the Automated Geographic Reference Center created under Section 63F-1-506 ;
1220 (III) the state auditor; and
1221 (IV) the attorney, auditor, surveyor, and recorder of each county in which any part of
1222 the area included in the municipal annexation is located.
1223 (4) Upon certification by the lieutenant governor, the amended articles shall take effect.
1224 (5) The lieutenant governor:
1225 (a) shall furnish a certified copy of the amended articles of incorporation to any person
1226 who requests a certified copy; and
1227 (b) may charge a reasonable fee for the certified copy.
1228 Section 3. Section 10-2-101 is amended to read:
1229 10-2-101. Definitions.
1230 (1) As used in this part:
1231 (a) "Commission" means a boundary commission established under Section 10-2-409
1232 for the county in which the property that is proposed to be incorporated is located.
1233 (b) "Feasibility consultant" means a person or firm with expertise in the processes and

1234 economics of local government.
1235 (c) "Private," with respect to real property, means not owned by the United States or
1236 any agency of the federal government, the state, a county, a municipality, a school district, a
1237 [special] local district under Title [17A, Special Districts,] 17B, Limited Purpose Local
1238 Government Entities - Local Districts, a special service district under Title 17A, Chapter 2,
1239 Part 13, Utah Special Service District Act, or any other political subdivision or governmental
1240 entity of the state.
1241 (2) For purposes of this part:
1242 (a) the owner of real property shall be the record title owner according to the records of
1243 the county recorder on the date of the filing of the request or petition; and
1244 (b) the value of private real property shall be determined according to the last
1245 assessment roll for county taxes before the filing of the request or petition.
1246 (3) For purposes of each provision of this part that requires the owners of private real
1247 property covering a percentage or fraction of the total private land area within an area to sign a
1248 request or petition:
1249 (a) a parcel of real property may not be included in the calculation of the required
1250 percentage or fraction unless the request or petition is signed by:
1251 (i) except as provided in Subsection (3)(a)(ii), owners representing a majority
1252 ownership interest in that parcel; or
1253 (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
1254 of owners of that parcel;
1255 (b) the signature of a person signing a request or petition in a representative capacity on
1256 behalf of an owner is invalid unless:
1257 (i) the person's representative capacity and the name of the owner the person represents
1258 are indicated on the request or petition with the person's signature; and
1259 (ii) the person provides documentation accompanying the request or petition that
1260 substantiates the person's representative capacity; and
1261 (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a

1262 request or petition on behalf of a deceased owner.
1263 Section 4. Section 10-2-106 is amended to read:
1264 10-2-106. Feasibility study -- Feasibility study consultant.
1265 (1) Within 60 days of receipt of a certified request under Subsection 10-2-105 (1)(b)(i),
1266 the county legislative body shall engage the feasibility consultant chosen under Subsection (2)
1267 to conduct a feasibility study.
1268 (2) The feasibility consultant shall be chosen by a majority vote of a selection
1269 committee consisting of:
1270 (a) a person designated by the county legislative body;
1271 (b) a person designated by the sponsors of the request for a feasibility study; and
1272 (c) a person designated by the governor.
1273 (3) The county legislative body shall require the feasibility consultant to:
1274 (a) complete the feasibility study and submit the written results to the county legislative
1275 body and the contact sponsor no later than 90 days after the feasibility consultant is engaged to
1276 conduct the study;
1277 (b) submit with the full written results of the feasibility study a summary of the results
1278 no longer than one page in length; and
1279 (c) attend the public hearings under Subsection 10-2-108 (1) and present the feasibility
1280 study results and respond to questions from the public at those hearings.
1281 (4) (a) The feasibility study shall consider:
1282 (i) the population and population density within the area proposed for incorporation
1283 and the surrounding area;
1284 (ii) the history, geography, geology, and topography of and natural boundaries within
1285 the area proposed to be incorporated and the surrounding area;
1286 (iii) whether the proposed boundaries eliminate or create an unincorporated island or
1287 peninsula;
1288 (iv) whether the proposed incorporation will hinder or prevent a future and more
1289 logical and beneficial incorporation or a future logical and beneficial annexation;

1290 (v) the fiscal impact on unincorporated areas, other municipalities, [special] local
1291 districts, special service districts, and other governmental entities in the county;
1292 (vi) current and five-year projections of demographics and economic base in the
1293 proposed city and surrounding area, including household size and income, commercial and
1294 industrial development, and public facilities;
1295 (vii) projected growth in the proposed city and in adjacent areas during the next five
1296 years;
1297 (viii) subject to Subsection (4)(c), the present and five-year projections of the cost,
1298 including overhead, of governmental services in the proposed city;
1299 (ix) the present and five-year projected revenue for the proposed city;
1300 (x) the projected impact the incorporation will have over the following five years on
1301 the amount of taxes that property owners within the proposed city and in the remaining
1302 unincorporated county will pay;
1303 (xi) past expansion in terms of population and construction in the proposed city and the
1304 surrounding area;
1305 (xii) the extension of the boundaries of other nearby municipalities during the past ten
1306 years, the willingness of those municipalities to annex the area proposed for incorporation, and
1307 the probability that those municipalities would annex territory within the area proposed for
1308 incorporation within the next five years except for the incorporation; and
1309 (xiii) whether the legislative body of the county in which the area proposed to be
1310 incorporated favors the incorporation proposal.
1311 (b) For purposes of Subsection (4)(a)(ix), the feasibility consultant shall assume ad
1312 valorem property tax rates on residential property within the proposed city at the same level at
1313 which they would have been without the incorporation.
1314 (c) For purposes of Subsection (4)(a)(viii):
1315 (i) the feasibility consultant shall assume a level and quality of governmental services
1316 to be provided to the proposed city in the future that fairly and reasonably approximate the
1317 level and quality of governmental services being provided to the proposed city at the time of

1318 the feasibility study;
1319 (ii) in determining the present cost of a governmental service, the feasibility consultant
1320 shall consider:
1321 (A) the amount it would cost the proposed city itself to provide the service after
1322 incorporation;
1323 (B) if the county is currently providing the service to the proposed city, the county's
1324 cost of providing the service; and
1325 (C) if the county is not currently providing the service to the proposed city, the amount
1326 the proposed city can reasonably expect to pay for the service under a contract for the service;
1327 and
1328 (iii) the five-year projected cost of a governmental service shall be based on the
1329 amount calculated under Subsection (4)(c)(ii), taking into account inflation and anticipated
1330 growth.
1331 (5) If the results of the feasibility study or revised feasibility study do not meet the
1332 requirements of Subsection 10-2-109 (3), the feasibility consultant shall, as part of the
1333 feasibility study or revised feasibility study and if requested by the sponsors of the request,
1334 make recommendations as to how the boundaries of the proposed city may be altered so that
1335 the requirements of Subsection 10-2-109 (3) may be met.
1336 (6) (a) For purposes of this Subsection (6), "pending" means that the process to
1337 incorporate an unincorporated area has been initiated by the filing of a request for feasibility
1338 study under Section 10-2-103 but that, as of the date this Subsection (6) becomes effective, a
1339 petition under Section 10-2-109 has not yet been filed.
1340 (b) The amendments to Subsection (4) that become effective upon the effective date of
1341 this Subsection (6):
1342 (i) apply to each pending proceeding proposing the incorporation of an unincorporated
1343 area; and
1344 (ii) do not apply to a municipal incorporation proceeding under this part in which a
1345 petition under Section 10-2-109 has been filed.

1346 (c) (i) If, in a pending incorporation proceeding, the feasibility consultant has, as of the
1347 effective date of this Subsection (6), already completed the feasibility study, the county
1348 legislative body shall, within 20 days after the effective date of this Subsection (6) and except
1349 as provided in Subsection (6)(c)(iii), engage the feasibility consultant to revise the feasibility
1350 study to take into account the amendments to Subsection (4) that became effective on the
1351 effective date of this Subsection (6).
1352 (ii) Except as provided in Subsection (6)(c)(iii), the county legislative body shall
1353 require the feasibility consultant to complete the revised feasibility study under Subsection
1354 (6)(c)(i) within 20 days after being engaged to do so.
1355 (iii) Notwithstanding Subsections (6)(c)(i) and (ii), a county legislative body is not
1356 required to engage the feasibility consultant to revise the feasibility study if, within 15 days
1357 after the effective date of this Subsection (6), the request sponsors file with the county clerk a
1358 written withdrawal of the request signed by all the request sponsors.
1359 (d) All provisions of this part that set forth the incorporation process following the
1360 completion of a feasibility study shall apply with equal force following the completion of a
1361 revised feasibility study under this Subsection (6), except that, if a petition under Section
1362 10-2-109 has already been filed based on the feasibility study that is revised under this
1363 Subsection (6):
1364 (i) the notice required by Section 10-2-108 for the revised feasibility study shall
1365 include a statement informing signers of the petition of their right to withdraw their signatures
1366 from the petition and of the process and deadline for withdrawing a signature from the petition;
1367 (ii) a signer of the petition may withdraw the signer's signature by filing with the
1368 county clerk a written withdrawal within 30 days after the final notice under Subsection
1369 10-2-108 (2) has been given with respect to the revised feasibility study; and
1370 (iii) unless withdrawn, a signature on the petition may be used toward fulfilling the
1371 signature requirements under Subsection 10-2-109 (2)(a) for a petition based on the revised
1372 feasibility study.
1373 Section 5. Section 10-2-401 is amended to read:

1374 10-2-401. Definitions -- Property owner provisions.
1375 (1) As used in this part:
1376 (a) "Affected entity" means:
1377 (i) a county in whose unincorporated area the area proposed for annexation is located;
1378 (ii) [an independent special] a local district under Title [17A, Chapter 2, Independent
1379 Special Districts] 17B, Limited Purpose Local Government Entities - Local Districts, or special
1380 service district under Title 17A, Chapter 2, Part 13, Utah Special Service District Act, whose
1381 boundaries include any part of an area proposed for annexation;
1382 (iii) a school district whose boundaries include any part of an area proposed for
1383 annexation; and
1384 (iv) a municipality whose boundaries are within 1/2 mile of an area proposed for
1385 annexation.
1386 (b) "Annexation petition" means a petition under Section 10-2-403 proposing the
1387 annexation to a municipality of a contiguous, unincorporated area that is contiguous to the
1388 municipality.
1389 (c) "Commission" means a boundary commission established under Section 10-2-409
1390 for the county in which the property that is proposed for annexation is located.
1391 (d) "Expansion area" means the unincorporated area that is identified in an annexation
1392 policy plan under Section 10-2-401.5 as the area that the municipality anticipates annexing in
1393 the future.
1394 (e) "Feasibility consultant" means a person or firm with expertise in the processes and
1395 economics of local government.
1396 (f) "Municipal selection committee" means a committee in each county composed of
1397 the mayor of each municipality within that county.
1398 (g) "Private," with respect to real property, means not owned by the United States or
1399 any agency of the federal government, the state, a county, a municipality, a school district, a
1400 [special] local district under Title [17A, Special Districts,] 17B, Limited Purpose Local
1401 Government Entities - Local Districts, a special service district under Title 17A, Chapter 2,

1402 Part 13, Utah Special Service District Act, or any other political subdivision or governmental
1403 entity of the state.
1404 (h) "Specified county" means a county of the second, third, fourth, fifth, or sixth class.
1405 (i) "Urban development" means:
1406 (i) a housing development with more than 15 residential units and an average density
1407 greater than one residential unit per acre; or
1408 (ii) a commercial or industrial development for which cost projections exceed
1409 $750,000 for all phases.
1410 (2) For purposes of this part:
1411 (a) the owner of real property shall be the record title owner according to the records of
1412 the county recorder on the date of the filing of the petition or protest; and
1413 (b) the value of private real property shall be determined according to the last
1414 assessment roll for county taxes before the filing of the petition or protest.
1415 (3) For purposes of each provision of this part that requires the owners of private real
1416 property covering a percentage or majority of the total private land area within an area to sign a
1417 petition or protest:
1418 (a) a parcel of real property may not be included in the calculation of the required
1419 percentage or majority unless the petition or protest is signed by:
1420 (i) except as provided in Subsection (3)(a)(ii), owners representing a majority
1421 ownership interest in that parcel; or
1422 (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
1423 of owners of that parcel;
1424 (b) the signature of a person signing a petition or protest in a representative capacity on
1425 behalf of an owner is invalid unless:
1426 (i) the person's representative capacity and the name of the owner the person represents
1427 are indicated on the petition or protest with the person's signature; and
1428 (ii) the person provides documentation accompanying the petition or protest that
1429 substantiates the person's representative capacity; and

1430 (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
1431 petition or protest on behalf of a deceased owner.
1432 Section 6. Section 10-2-403 is amended to read:
1433 10-2-403. Annexation petition -- Requirements -- Notice required before filing.
1434 (1) Except as provided in Section 10-2-418 , the process to annex an unincorporated
1435 area to a municipality is initiated by a petition as provided in this section.
1436 (2) (a) (i) Before filing a petition under Subsection (1) with respect to the proposed
1437 annexation of an area located in a county of the first class, the person or persons intending to
1438 file a petition shall:
1439 (A) file with the city recorder or town clerk of the proposed annexing municipality a
1440 notice of intent to file a petition; and
1441 (B) send a copy of the notice of intent to each affected entity.
1442 (ii) Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of the
1443 area that is proposed to be annexed.
1444 (b) (i) Subject to Subsection (2)(b)(ii), the county in which the area proposed to be
1445 annexed is located shall:
1446 (A) mail the notice described in Subsection (2)(b)(iii) to:
1447 (I) each owner of real property located within the area proposed to be annexed; and
1448 (II) each owner of real property located within 300 feet of the area proposed to be
1449 annexed; and
1450 (B) send to the proposed annexing municipality a copy of the notice and a certificate
1451 indicating that the notice has been mailed as required under Subsection (2)(b)(i)(A).
1452 (ii) The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20
1453 days after receiving from the person or persons who filed the notice of intent:
1454 (A) a written request to mail the required notice; and
1455 (B) payment of an amount equal to the county's expected actual cost of mailing the
1456 notice.
1457 (iii) Each notice required under Subsection (2)(b)(i)(A) shall:

1458 (A) be in writing;
1459 (B) state, in bold and conspicuous terms, substantially the following:
1460 "Attention: Your property may be affected by a proposed annexation.
1461 Records show that you own property within an area that is intended to be included in a
1462 proposed annexation to (state the name of the proposed annexing municipality) or that is within
1463 300 feet of that area. If your property is within the area proposed for annexation, you may be
1464 asked to sign a petition supporting the annexation. You may choose whether or not to sign the
1465 petition. By signing the petition, you indicate your support of the proposed annexation. If you
1466 sign the petition but later change your mind about supporting the annexation, you may
1467 withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
1468 of (state the name of the proposed annexing municipality) within 30 days after (state the name
1469 of the proposed annexing municipality) receives notice that the petition has been certified.
1470 There will be no public election on the proposed annexation because Utah law does not
1471 provide for an annexation to be approved by voters at a public election. Signing or not signing
1472 the annexation petition is the method under Utah law for the owners of property within the area
1473 proposed for annexation to demonstrate their support of or opposition to the proposed
1474 annexation.
1475 Under Utah law, the elected officials of (state the name of the proposed annexing
1476 municipality) may have no choice but to grant the annexation petition if the county's property
1477 tax rate for municipal services in the area proposed to be annexed is higher than the property
1478 tax rate of (state the name of the proposed annexing municipality) and if other statutory
1479 conditions are met.
1480 You may obtain more information on the proposed annexation by contacting (state the
1481 name, mailing address, telephone number, and email address of the official or employee of the
1482 proposed annexing municipality designated to respond to questions about the proposed
1483 annexation), (state the name, mailing address, telephone number, and email address of the
1484 county official or employee designated to respond to questions about the proposed annexation),
1485 or (state the name, mailing address, telephone number, and email address of the person who

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

1514 (C) is equal in value to at least 1/3 of the value of all private real property within the
1515 area proposed for annexation; or
1516 (ii) if all the real property within the area proposed for annexation is owned by a public
1517 entity other than the federal government, the owner of all the publicly owned real property;
1518 (c) be accompanied by:
1519 (i) an accurate and recordable map, prepared by a licensed surveyor, of the area
1520 proposed for annexation; and
1521 (ii) a copy of the notice sent to affected entities as required under Subsection
1522 (2)(a)(i)(B) and a list of the affected entities to which notice was sent;
1523 (d) if the area proposed to be annexed is located in a county of the first class, contain
1524 on each signature page a notice in bold and conspicuous terms that states substantially the
1525 following:
1526 "Notice:
1527 * Under Utah law, the elected officials of (state the name of the proposed annexing
1528 municipality) may have no choice but to grant this annexation petition if the county's property
1529 tax rate for municipal services in the area proposed to be annexed is higher than the property
1530 tax rate of (state the name of the proposed annexing municipality) and if other statutory
1531 conditions are met.
1532 * There will be no public election on the annexation proposed by this petition because
1533 Utah law does not provide for an annexation to be approved by voters at a public election.
1534 * If you sign this petition and later decide that you do not support the petition, you may
1535 withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
1536 of (state the name of the proposed annexing municipality). If you choose to withdraw your
1537 signature, you must do so no later than 30 days after (state the name of the proposed annexing
1538 municipality) receives notice that the petition has been certified.";
1539 (e) if the petition proposes the annexation of an area located in a county that is not the
1540 county in which the proposed annexing municipality is located, be accompanied by a copy of
1541 the resolution, required under Subsection 10-2-402 (6), of the legislative body of the county in

1542 which the area is located; and
1543 (f) designate up to five of the signers of the petition as sponsors, one of whom shall be
1544 designated as the contact sponsor, and indicate the mailing address of each sponsor.
1545 (4) A petition under Subsection (1) may not propose the annexation of all or part of an
1546 area proposed for annexation to a municipality in a previously filed petition that has not been
1547 denied, rejected, or granted.
1548 (5) A petition under Subsection (1) proposing the annexation of an area located in a
1549 county of the first class may not propose the annexation of an area that includes some or all of
1550 an area proposed to be incorporated in a request for a feasibility study under Section 10-2-103
1551 or a petition under Section 10-2-125 if:
1552 (a) the request or petition was filed before the filing of the annexation petition; and
1553 (b) the request, a petition under Section 10-2-109 based on that request, or a petition
1554 under Section 10-2-125 is still pending on the date the annexation petition is filed.
1555 (6) If practicable and feasible, the boundaries of an area proposed for annexation shall
1556 be drawn:
1557 (a) along the boundaries of existing [special] local districts and special service districts
1558 for sewer, water, and other services, along the boundaries of school districts whose boundaries
1559 follow city boundaries or school districts adjacent to school districts whose boundaries follow
1560 city boundaries, and along the boundaries of other taxing entities;
1561 (b) to eliminate islands and peninsulas of territory that is not receiving municipal-type
1562 services;
1563 (c) to facilitate the consolidation of overlapping functions of local government;
1564 (d) to promote the efficient delivery of services; and
1565 (e) to encourage the equitable distribution of community resources and obligations.
1566 (7) On the date of filing, the petition sponsors shall deliver or mail a copy of the
1567 petition to:
1568 (a) the clerk of the county in which the area proposed for annexation is located; and
1569 (b) the chair of the planning commission of each township in which any part of the area

1570 proposed for annexation is located.
1571 (8) A property owner who signs an annexation petition proposing to annex an area
1572 located in a county of the first class may withdraw the owner's signature by filing a written
1573 withdrawal, signed by the property owner, with the city recorder or town clerk no later than 30
1574 days after the municipal legislative body's receipt of the notice of certification under
1575 Subsection 10-2-405 (2)(c)(i).
1576 Section 7. Section 10-2-406 is amended to read:
1577 10-2-406. Notice of certification -- Publishing and providing notice of petition.
1578 (1) After receipt of the notice of certification from the city recorder or town clerk under
1579 Subsection 10-2-405 (2) (c)(i), the municipal legislative body shall:
1580 (a) (i) publish a notice at least once a week for three successive weeks, beginning no
1581 later than ten days after receipt of the notice of certification, in a newspaper of general
1582 circulation within:
1583 (A) the area proposed for annexation; and
1584 (B) the unincorporated area within 1/2 mile of the area proposed for annexation; or
1585 (ii) if there is no newspaper of general circulation within those areas, post written
1586 notices in conspicuous places within those areas that are most likely to give notice to residents
1587 within those areas; and
1588 (b) within 20 days of receipt of the notice of certification under Subsection 10-2-405 (2)
1589 (c)(i), mail written notice to each affected entity.
1590 (2) (a) The notice under Subsections (1)(a) and (b) shall:
1591 (i) state that a petition has been filed with the municipality proposing the annexation of
1592 an area to the municipality;
1593 (ii) state the date of the municipal legislative body's receipt of the notice of certification
1594 under Subsection 10-2-405 (2) (c)(i);
1595 (iii) describe the area proposed for annexation in the annexation petition;
1596 (iv) state that the complete annexation petition is available for inspection and copying
1597 at the office of the city recorder or town clerk;

1598 (v) state in conspicuous and plain terms that the municipality may grant the petition
1599 and annex the area described in the petition unless, within the time required under Subsection
1600 10-2-407 (2)(a)(i)(A), a written protest to the annexation petition is filed with the commission
1601 and a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
1602 municipality;
1603 (vi) state the address of the commission or, if a commission has not yet been created in
1604 the county, the county clerk, where a protest to the annexation petition may be filed;
1605 (vii) state that the area proposed for annexation to the municipality will also
1606 automatically be annexed to a local district providing fire protection, paramedic, and
1607 emergency services, as provided in Section [ 17B-2-515.5 ] 17B-1-416 , if:
1608 (A) the proposed annexing municipality is entirely within the boundaries of a local
1609 district:
1610 (I) that provides fire protection, paramedic, and emergency services; and
1611 (II) in the creation of which an election was not required because of Subsection
1612 [ 17B-2-214 ] 17B-1-214 (3)(c); and
1613 (B) the area proposed to be annexed to the municipality is not already within the
1614 boundaries of the local district; and
1615 (viii) state that the area proposed for annexation to the municipality will be
1616 automatically withdrawn from a local district providing fire protection, paramedic, and
1617 emergency services, as provided in Subsection [ 17B-2-601 ] 17B-1-502 (2), if:
1618 (A) the petition proposes the annexation of an area that is within the boundaries of a
1619 local district:
1620 (I) that provides fire protection, paramedic, and emergency services; and
1621 (II) in the creation of which an election was not required because of Subsection
1622 [ 17B-2-214 ] 17B-1-214 (3)(c); and
1623 (B) the proposed annexing municipality is not within the boundaries of the local
1624 district.
1625 (b) The statement required by Subsection (2)(a)(v) shall state the deadline for filing a

1626 written protest in terms of the actual date rather than by reference to the statutory citation.
1627 (c) In addition to the requirements under Subsection (2)(a), a notice under Subsection
1628 (1)(a) for a proposed annexation of an area within a county of the first class shall include a
1629 statement that a protest to the annexation petition may be filed with the commission by
1630 property owners if it contains the signatures of the owners of private real property that:
1631 (i) is located in the unincorporated area within 1/2 mile of the area proposed for
1632 annexation;
1633 (ii) covers at least 25% of the private land area located in the unincorporated area
1634 within 1/2 mile of the area proposed for annexation; and
1635 (iii) is equal in value to at least 15% of all real property located in the unincorporated
1636 area within 1/2 mile of the area proposed for annexation.
1637 Section 8. Section 10-2-412 is amended to read:
1638 10-2-412. Boundary commission authority -- Expenses -- Records.
1639 (1) The boundary commission for each county shall hear and decide, according to the
1640 provisions of this part, each protest filed under Section 10-2-407 , with respect to an area that is
1641 located within that county.
1642 (2) A boundary commission may:
1643 (a) adopt and enforce rules of procedure for the orderly and fair conduct of its
1644 proceedings;
1645 (b) authorize a member of the commission to administer oaths if necessary in the
1646 performance of the commission's duties;
1647 (c) employ staff personnel and professional or consulting services reasonably necessary
1648 to enable the commission to carry out its duties; and
1649 (d) incur reasonable and necessary expenses to enable the commission to carry out its
1650 duties.
1651 (3) The legislative body of each county shall, with respect to the boundary commission
1652 in that county:
1653 (a) furnish the commission necessary quarters, equipment, and supplies;

1654 (b) pay necessary operating expenses incurred by the commission; and
1655 (c) reimburse the reasonable and necessary expenses incurred by each member
1656 appointed under Subsection 10-2-409 (2)(a)(iii) or (b)(iii), unless otherwise provided by
1657 interlocal agreement.
1658 (4) Each county or municipal legislative body shall reimburse the reasonable and
1659 necessary expenses incurred by a commission member who is an elected county or municipal
1660 officer, respectively.
1661 (5) Records, information, and other relevant materials necessary to enable the
1662 commission to carry out its duties shall, upon request by the commission, be furnished to the
1663 boundary commission by the personnel, employees, and officers of:
1664 (a) for a proposed annexation of an area located in a county of the first class:
1665 (i) each county [and special], local district, and special service district whose
1666 boundaries include an area that is the subject of a protest under the commission's consideration;
1667 and
1668 (ii) each municipality whose boundaries may be affected by action of the boundary
1669 commission; or
1670 (b) for a proposed annexation of an area located in a specified county, each affected
1671 entity:
1672 (i) whose boundaries include any part of the area proposed for annexation; or
1673 (ii) that may be affected by action of the boundary commission.
1674 Section 9. Section 10-2-413 is amended to read:
1675 10-2-413. Feasibility consultant -- Feasibility study -- Modifications to feasibility
1676 study.
1677 (1) (a) For a proposed annexation of an area located in a county of the first class, unless
1678 a proposed annexing municipality denies an annexation petition under Subsection
1679 10-2-407 (3)(a)(i)(A) and except as provided in Subsection (1)(b), the commission shall choose
1680 and engage a feasibility consultant within 45 days of:
1681 (i) the commission's receipt of a protest under Section 10-2-407 , if the commission had

1682 been created before the filing of the protest; or
1683 (ii) the commission's creation, if the commission is created after the filing of a protest.
1684 (b) Notwithstanding Subsection (1)(a), the commission may not require a feasibility
1685 study with respect to a petition that proposes the annexation of an area that:
1686 (i) is undeveloped; and
1687 (ii) covers an area that is equivalent to less than 5% of the total land mass of all private
1688 real property within the municipality.
1689 (2) The commission shall require the feasibility consultant to:
1690 (a) complete a feasibility study on the proposed annexation and submit written results
1691 of the study to the commission no later than 75 days after the feasibility consultant is engaged
1692 to conduct the study;
1693 (b) submit with the full written results of the feasibility study a summary of the results
1694 no longer than a page in length; and
1695 (c) attend the public hearing under Subsection 10-2-415 (1) and present the feasibility
1696 study results and respond to questions at that hearing.
1697 (3) (a) Subject to Subsection (4), the feasibility study shall consider:
1698 (i) the population and population density within the area proposed for annexation, the
1699 surrounding unincorporated area, and, if a protest was filed by a municipality with boundaries
1700 within 1/2 mile of the area proposed for annexation, that municipality;
1701 (ii) the geography, geology, and topography of and natural boundaries within the area
1702 proposed for annexation, the surrounding unincorporated area, and, if a protest was filed by a
1703 municipality with boundaries within 1/2 mile of the area proposed for annexation, that
1704 municipality;
1705 (iii) whether the proposed annexation eliminates, leaves, or creates an unincorporated
1706 island or peninsula;
1707 (iv) whether the proposed annexation will hinder or prevent a future and more logical
1708 and beneficial annexation or a future logical and beneficial incorporation;
1709 (v) the fiscal impact of the proposed annexation on the remaining unincorporated area,

1710 other municipalities, [special] local districts, special service districts, school districts, and other
1711 governmental entities;
1712 (vi) current and five-year projections of demographics and economic base in the area
1713 proposed for annexation and surrounding unincorporated area, including household size and
1714 income, commercial and industrial development, and public facilities;
1715 (vii) projected growth in the area proposed for annexation and the surrounding
1716 unincorporated area during the next five years;
1717 (viii) the present and five-year projections of the cost of governmental services in the
1718 area proposed for annexation;
1719 (ix) the present and five-year projected revenue to the proposed annexing municipality
1720 from the area proposed for annexation;
1721 (x) the projected impact the annexation will have over the following five years on the
1722 amount of taxes that property owners within the area proposed for annexation, the proposed
1723 annexing municipality, and the remaining unincorporated county will pay;
1724 (xi) past expansion in terms of population and construction in the area proposed for
1725 annexation and the surrounding unincorporated area;
1726 (xii) the extension during the past ten years of the boundaries of each other
1727 municipality near the area proposed for annexation, the willingness of the other municipality to
1728 annex the area proposed for annexation, and the probability that another municipality would
1729 annex some or all of the area proposed for annexation during the next five years if the
1730 annexation did not occur;
1731 (xiii) the history, culture, and social aspects of the area proposed for annexation and
1732 surrounding area;
1733 (xiv) the method of providing and the entity that has provided municipal-type services
1734 in the past to the area proposed for incorporation and the feasibility of municipal-type services
1735 being provided by the proposed annexing municipality; and
1736 (xv) the effect on each school district whose boundaries include part or all of the area
1737 proposed for annexation or the proposed annexing municipality.

1738 (b) For purposes of Subsection (3)(a)(ix), the feasibility consultant shall assume ad
1739 valorem property tax rates on residential property within the area proposed for annexation at
1740 the same level that residential property within the proposed annexing municipality would be
1741 without the annexation.
1742 (c) For purposes of Subsection (3)(a)(viii), the feasibility consultant shall assume that
1743 the level and quality of governmental services that will be provided to the area proposed for
1744 annexation in the future is essentially comparable to the level and quality of governmental
1745 services being provided within the proposed annexing municipality at the time of the feasibility
1746 study.
1747 (4) (a) Except as provided in Subsection (4)(b), the commission may modify the depth
1748 of study of and detail given to the items listed in Subsection (3)(a) by the feasibility consultant
1749 in conducting the feasibility study depending upon:
1750 (i) the size of the area proposed for annexation;
1751 (ii) the size of the proposed annexing municipality;
1752 (iii) the extent to which the area proposed for annexation is developed;
1753 (iv) the degree to which the area proposed for annexation is expected to develop and
1754 the type of development expected; and
1755 (v) the number and type of protests filed against the proposed annexation.
1756 (b) Notwithstanding Subsection (4)(a), the commission may not modify the
1757 requirement that the feasibility consultant provide a full and complete analysis of the items
1758 listed in Subsections (3)(a)(viii), (ix), and (xv).
1759 (5) If the results of the feasibility study do not meet the requirements of Subsection
1760 10-2-416 (3), the feasibility consultant may, as part of the feasibility study, make
1761 recommendations as to how the boundaries of the area proposed for annexation may be altered
1762 so that the requirements of Subsection 10-2-416 (3) may be met.
1763 (6) (a) Except as provided in Subsection (6)(b), the feasibility consultant fees and
1764 expenses shall be shared equally by the proposed annexing municipality and each entity or
1765 group under Subsection 10-2-407 (1) that files a protest.

1766 (b) (i) Except as provided in Subsection (6)(b)(ii), if a protest is filed by property
1767 owners under Subsection 10-2-407 (1)(a)(ii), the county in which the area proposed for
1768 annexation shall pay the owners' share of the feasibility consultant's fees and expenses.
1769 (ii) Notwithstanding Subsection (6)(b)(i), if both the county and the property owners
1770 file a protest, the county and the proposed annexing municipality shall equally share the
1771 property owners' share of the feasibility consultant's fees and expenses.
1772 Section 10. Section 10-2-414 is amended to read:
1773 10-2-414. Modified annexation petition -- Supplemental feasibility study.
1774 (1) (a) (i) If the results of the feasibility study with respect to a proposed annexation of
1775 an area located in a county of the first class do not meet the requirements of Subsection
1776 10-2-416 (3), the sponsors of the annexation petition may, within 45 days of the feasibility
1777 consultant's submission of the results of the study, file with the city recorder or town clerk of
1778 the proposed annexing municipality a modified annexation petition altering the boundaries of
1779 the proposed annexation.
1780 (ii) On the date of filing a modified annexation petition under Subsection (1)(a)(i), the
1781 sponsors of the annexation petition shall deliver or mail a copy of the modified annexation
1782 petition to the clerk of the county in which the area proposed for annexation is located.
1783 (b) Each modified annexation petition under Subsection (1)(a) shall comply with the
1784 requirements of Subsections 10-2-403 (2), (3), and (4).
1785 (2) (a) Within 20 days of the city recorder or town clerk's receipt of the modified
1786 annexation petition, the city recorder or town clerk, as the case may be, shall follow the same
1787 procedure for the modified annexation petition as provided under Subsections 10-2-405 (2) and
1788 (3)(a) for an original annexation petition.
1789 (b) If the city recorder or town clerk certifies the modified annexation petition under
1790 Subsection 10-2-405 (2)(c)(i), the city recorder or town clerk, as the case may be, shall send
1791 written notice of the certification to:
1792 (i) the commission;
1793 (ii) each entity that filed a protest to the annexation petition; and

1794 (iii) if a protest was filed under Subsection 10-2-407 (1)(a)(ii), the contact person.
1795 (c) (i) If the modified annexation petition proposes the annexation of an area that
1796 includes part or all of a [special] local district, special service district, or school district that
1797 was not included in the area proposed for annexation in the original petition, the city recorder
1798 or town clerk, as the case may be, shall also send notice of the certification of the modified
1799 annexation petition to the board of the [special] local district, special service district, or school
1800 district.
1801 (ii) If the area proposed for annexation in the modified annexation petition is within
1802 1/2 mile of the boundaries of a municipality whose boundaries were not within 1/2 mile of the
1803 area proposed for annexation in the original annexation petition, the city recorder or town
1804 clerk, as the case may be, shall also send notice of the certification of the modified annexation
1805 petition to the legislative body of that municipality.
1806 (3) Within ten days of the commission's receipt of the notice under Subsection (2)(b),
1807 the commission shall engage the feasibility consultant that conducted the feasibility study to
1808 supplement the feasibility study to take into account the information in the modified
1809 annexation petition that was not included in the original annexation petition.
1810 (4) The commission shall require the feasibility consultant to complete the
1811 supplemental feasibility study and to submit written results of the supplemental study to the
1812 commission no later than 30 days after the feasibility consultant is engaged to conduct the
1813 supplemental feasibility study.
1814 Section 11. Section 10-2-418 is amended to read:
1815 10-2-418. Annexation of an island or peninsula without a petition -- Notice --
1816 Hearing.
1817 (1) (a) Notwithstanding Subsection 10-2-402 (2), a municipality may annex an
1818 unincorporated area under this section without an annexation petition if:
1819 (i) (A) the area to be annexed consists of one or more unincorporated islands within or
1820 unincorporated peninsulas contiguous to the municipality;
1821 (B) the majority of each island or peninsula consists of residential or commercial

1822 development;
1823 (C) the area proposed for annexation requires the delivery of municipal-type services;
1824 and
1825 (D) the municipality has provided most or all of the municipal-type services to the area
1826 for more than one year; or
1827 (ii) (A) the area to be annexed consists of one or more unincorporated islands within
1828 the municipality, each of which has fewer than 500 residents; and
1829 (B) the municipality has provided one or more municipal-type services to the area for
1830 at least one year.
1831 (b) Notwithstanding Subsection 10-2-402 (1)(b)(iii), a municipality may annex a
1832 portion of an island or peninsula under this section, leaving unincorporated the remainder of
1833 the unincorporated island or peninsula, if:
1834 (i) in adopting the resolution under Subsection (2)(a)(i), the municipal legislative body
1835 determines that not annexing the entire unincorporated island or peninsula is in the
1836 municipality's best interest; and
1837 (ii) for an annexation of one or more unincorporated islands under Subsection
1838 (1)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed,
1839 complies with the requirement of Subsection (1)(a)(ii)(A) relating to the number of residents.
1840 (2) (a) The legislative body of each municipality intending to annex an area under this
1841 section shall:
1842 (i) adopt a resolution indicating the municipal legislative body's intent to annex the
1843 area, describing the area proposed to be annexed;
1844 (ii) (A) publish notice at least once a week for three successive weeks in a newspaper
1845 of general circulation within the municipality and the area proposed for annexation; or
1846 (B) if there is no newspaper of general circulation in the areas described in Subsection
1847 (2)(a)(ii)(A), post at least one notice per 1,000 population in places within those areas that are
1848 most likely to give notice to the residents of those areas;
1849 (iii) send written notice to the board of each [special] local district and special service

1850 district whose boundaries contain some or all of the area proposed for annexation and to the
1851 legislative body of the county in which the area proposed for annexation is located; and
1852 (iv) hold a public hearing on the proposed annexation no earlier than 60 days after the
1853 adoption of the resolution under Subsection (2)(a)(i).
1854 (b) Each notice under Subsections (2)(a)(ii) and (iii) shall:
1855 (i) state that the municipal legislative body has adopted a resolution indicating its intent
1856 to annex the area proposed for annexation;
1857 (ii) state the date, time, and place of the public hearing under Subsection (2)(a)(iv);
1858 (iii) describe the area proposed for annexation; and
1859 (iv) state in conspicuous and plain terms that the municipal legislative body will annex
1860 the area unless, at or before the public hearing under Subsection (2)(a)(iv), written protests to
1861 the annexation are filed by the owners of private real property that:
1862 (A) is located within the area proposed for annexation;
1863 (B) covers a majority of the total private land area within the entire area proposed for
1864 annexation; and
1865 (C) is equal in value to at least 1/2 the value of all private real property within the
1866 entire area proposed for annexation.
1867 (c) The first publication of the notice required under Subsection (2)(a)(ii)(A) shall be
1868 within 14 days of the municipal legislative body's adoption of a resolution under Subsection
1869 (2)(a)(i).
1870 (3) (a) Upon conclusion of the public hearing under Subsection (2)(a)(iv) and subject
1871 to Subsection (3)(b), the municipal legislative body may adopt an ordinance annexing the area
1872 proposed for annexation under this section unless, at or before the hearing, written protests to
1873 the annexation have been filed with the city recorder or town clerk, as the case may be, by the
1874 owners of private real property that:
1875 (i) is located within the area proposed for annexation;
1876 (ii) covers:
1877 (A) for a proposed annexation under Subsection (1)(a)(i), a majority of the total private

1878 land area within the entire area proposed for annexation; or
1879 (B) for a proposed annexation under Subsection (1)(a)(ii), 10% of the total private land
1880 area within the island of unincorporated area that is proposed for annexation; and
1881 (iii) is equal in value to at least:
1882 (A) for a proposed annexation under Subsection (1)(a)(i), 1/2 the value of all private
1883 real property within the entire area proposed for annexation; or
1884 (B) for a proposed annexation under Subsection (1)(a)(ii), 10% of the value of all
1885 private real property within the island of unincorporated area that is proposed for annexation.
1886 (b) A municipal legislative body may not adopt an ordinance annexing an area
1887 proposed for annexation under Subsection (1)(a)(ii) unless the legislative body of the county in
1888 which the area proposed for annexation has previously adopted a resolution approving the
1889 annexation.
1890 (4) (a) If protests are timely filed that comply with Subsection (3), the municipal
1891 legislative body may not adopt an ordinance annexing the area proposed for annexation, and
1892 the annexation proceedings under this section shall be considered terminated.
1893 (b) Subsection (4)(a) may not be construed to prohibit the municipal legislative body
1894 from excluding from a proposed annexation under Subsection (1)(a)(ii) the property within an
1895 unincorporated island regarding which protests have been filed and proceeding under
1896 Subsection (1)(b) to annex some or all of the remaining portion of the unincorporated island.
1897 Section 12. Section 10-2-419 is amended to read:
1898 10-2-419. Boundary adjustment -- Notice and hearing -- Protest.
1899 (1) The legislative bodies of two or more municipalities having common boundaries
1900 may adjust their common boundaries as provided in this section.
1901 (2) (a) The legislative body of each municipality intending to adjust a boundary that is
1902 common with another municipality shall:
1903 (i) adopt a resolution indicating the intent of the municipal legislative body to adjust a
1904 common boundary;
1905 (ii) hold a public hearing on the proposed adjustment no less than 60 days after the

1906 adoption of the resolution under Subsection (2)(a)(i); and
1907 (iii) (A) publish notice at least once a week for three successive weeks in a newspaper
1908 of general circulation within the municipality; or
1909 (B) if there is no newspaper of general circulation within the municipality, post at least
1910 one notice per 1,000 population in places within the municipality that are most likely to give
1911 notice to residents of the municipality.
1912 (b) The notice required under Subsection (2)(a)(iii) shall:
1913 (i) state that the municipal legislative body has adopted a resolution indicating the
1914 municipal legislative body's intent to adjust a boundary that the municipality has in common
1915 with another municipality;
1916 (ii) describe the area proposed to be adjusted;
1917 (iii) state the date, time, and place of the public hearing required under Subsection
1918 (2)(a)(ii);
1919 (iv) state in conspicuous and plain terms that the municipal legislative body will adjust
1920 the boundaries unless, at or before the public hearing under Subsection (2)(a)(ii), written
1921 protests to the adjustment are filed by the owners of private real property that:
1922 (A) is located within the area proposed for adjustment;
1923 (B) covers at least 25% of the total private land area within the area proposed for
1924 adjustment; and
1925 (C) is equal in value to at least 15% of the value of all private real property within the
1926 area proposed for adjustment; and
1927 (v) state that the area that is the subject of the boundary adjustment will, because of the
1928 boundary adjustment, be automatically annexed to a local district providing fire protection,
1929 paramedic, and emergency services, as provided in Section [ 17B-2-515.5 ] 17B-1-416 , if:
1930 (A) the municipality to which the area is being added because of the boundary
1931 adjustment is entirely within the boundaries of a local district:
1932 (I) that provides fire protection, paramedic, and emergency services; and
1933 (II) in the creation of which an election was not required because of Subsection

1934 [ 17B-2-214 ] 17B-1-214 (3)(c); and
1935 (B) the municipality from which the area is being taken because of the boundary
1936 adjustment is not within the boundaries of the local district; and
1937 (vi) state that the area proposed for annexation to the municipality will be
1938 automatically withdrawn from a local district providing fire protection, paramedic, and
1939 emergency services, as provided in Subsection [ 17B-2-601 ] 17B-1-502 (2), if:
1940 (A) the municipality to which the area is being added because of the boundary
1941 adjustment is not within the boundaries of a local district:
1942 (I) that provides fire protection, paramedic, and emergency services; and
1943 (II) in the creation of which an election was not required because of Subsection
1944 [ 17B-2-214 ] 17B-1-214 (3)(c); and
1945 (B) the municipality from which the area is being taken because of the boundary
1946 adjustment is entirely within the boundaries of the local district.
1947 (c) The first publication of the notice required under Subsection (2)(a)(iii)(A) shall be
1948 within 14 days of the municipal legislative body's adoption of a resolution under Subsection
1949 (2)(a)(i).
1950 (3) Upon conclusion of the public hearing under Subsection (2)(a)(ii), the municipal
1951 legislative body may adopt an ordinance adjusting the common boundary unless, at or before
1952 the hearing under Subsection (2)(a)(ii), written protests to the adjustment have been filed with
1953 the city recorder or town clerk, as the case may be, by the owners of private real property that:
1954 (a) is located within the area proposed for adjustment;
1955 (b) covers at least 25% of the total private land area within the area proposed for
1956 adjustment; and
1957 (c) is equal in value to at least 15% of the value of all private real property within the
1958 area proposed for adjustment.
1959 (4) The municipal legislative body shall comply with the requirements of Section
1960 10-2-425 as if the boundary change were an annexation.
1961 (5) An ordinance adopted under Subsection (3) becomes effective when each

1962 municipality involved in the boundary adjustment has adopted an ordinance under Subsection
1963 (3) and as determined under Subsection 10-2-425 (5) if the boundary change were an
1964 annexation.
1965 Section 13. Section 10-2-425 is amended to read:
1966 10-2-425. Filing of plat or map and amended articles -- Notice requirements --
1967 Effective date of annexation.
1968 (1) Within 30 days after enacting an ordinance annexing an unincorporated area or
1969 adjusting a boundary under this part, the municipal legislative body shall:
1970 (a) send notice of the enactment to each affected entity;
1971 (b) file with the lieutenant governor:
1972 (i) a certified copy of the ordinance approving the annexation or boundary adjustment,
1973 together with a plat or map prepared by a licensed surveyor, approved by the municipal
1974 legislative body, and filed with the county surveyor in accordance with Section 17-23-17 ,
1975 showing the new boundaries of the affected area; and
1976 (ii) (A) if the municipality has articles of incorporation, amended articles of
1977 incorporation reflecting the annexation or boundary adjustment, as provided in Section
1978 10-1-117 ; or
1979 (B) if the municipality does not have articles of incorporation, written notice of the
1980 adoption of an annexation ordinance, accompanied by a copy of the ordinance; and
1981 (c) in accordance with Section 26-8a-414 , file the documents described in Subsection
1982 (1)(b)(i) with the Department of Health.
1983 (2) If an annexation or boundary adjustment under this part also causes an automatic
1984 annexation to a local district under Section [ 17B-2-515.5 ] 17B-1-416 or an automatic
1985 withdrawal from a local district under Subsection [ 17B-2-601 ] 17B-1-502 (2), the municipal
1986 legislative body shall, as soon as practicable after enacting an ordinance annexing an
1987 unincorporated area or adjusting a boundary, send notice of the annexation or boundary
1988 adjustment to the local district to which the annexed area is automatically annexed or from
1989 which the annexed area is automatically withdrawn.

1990 (3) The municipal legislative body shall comply with the notice requirements of
1991 Section 10-1-116 .
1992 (4) Each notice required under Subsections (1) and (3) relating to an annexation shall
1993 state the effective date of the annexation, as determined under Subsection (5).
1994 (5) An annexation under this part is completed and takes effect:
1995 (a) for the annexation of an area located in a county of the first class:
1996 (i) July 1 following enactment of an ordinance annexing the unincorporated area if:
1997 (A) the ordinance is adopted during the preceding November 1 through April 30; and
1998 (B) the requirements of Subsection (1) are met before that July 1; or
1999 (ii) January 1 following enactment of an ordinance annexing the unincorporated area if:
2000 (A) the ordinance is adopted during the preceding May 1 through October 31; and
2001 (B) the requirements of Subsection (1) are met before that January 1; and
2002 (b) for all other annexations, the date of the lieutenant governor's issuance of:
2003 (i) a certification of amended articles under Subsection 10-1-117 (3), for an annexation
2004 by a municipality that has articles of incorporation and filed with the lieutenant governor
2005 amended articles of incorporation under Subsection (1)(a)(iii)(A); or
2006 (ii) a certificate of annexation under Subsection (1)(b), for an annexation by a
2007 municipality that does not have articles of incorporation and filed with the lieutenant governor
2008 a notice of adoption of an annexation ordinance under Subsection (1)(a)(iii)(B).
2009 Section 14. Section 10-2-428 is amended to read:
2010 10-2-428. Neither annexation nor boundary adjustment has an effect on the
2011 boundaries of most local districts or special service districts.
2012 Except as provided in Section [ 17B-2-515.5 ] 17B-1-416 and Subsection [ 17B-2-601 ]
2013 17B-1-502 (2), the annexation of an unincorporated area by a municipality or the adjustment of
2014 a boundary shared by municipalities does not affect the boundaries of [an independent special
2015 district under Title 17A, Chapter 2, Independent Special Districts, or] a local district under
2016 Title 17B, [Chapter 2,] Limited Purpose Local Government Entities - Local Districts, or a
2017 special service district under Title 17A, Chapter 2, Part 13, Utah Special Service District Act.

2018 Section 15. Section 10-5-119 is amended to read:
2019 10-5-119. Special fund balance -- Disposition when fund no longer required.
2020 Whenever the necessity for maintaining any special fund of a town has ceased to exist
2021 and a balance remains in the fund, the governing body shall authorize the transfer of the
2022 balance to the fund balance account in the general fund of the town, subject to the following:
2023 (1) Any balance remaining in a special assessment fund and any unrequired balance in
2024 its special improvements guaranty fund shall be treated in the manner provided in Sections
2025 [ 17A-3-332 and 17A-3-334 ] 11-42-413 and 11-42-701 ;
2026 (2) Any balance remaining in a capital improvements or capital projects fund shall be
2027 transferred to the appropriate debt service fund or other fund as the bond ordinance may require
2028 and otherwise to the fund balance account in the general fund;
2029 (3) Whenever any balance held in a trust fund for a specific purpose, other than a
2030 cemetery perpetual care trust fund, is to be transferred because its original purpose or
2031 restriction has ceased to exist, a public hearing shall be held in the manner provided in Sections
2032 10-5-108 and 10-5-109 . The published notice shall invite those persons who contributed to the
2033 fund to appear at the hearing. If the council determines the fund balance amounts are
2034 refundable to the original contributors, a 30-day period following the hearing shall be allowed
2035 for persons having an interest in the fund to file with the council a verified claim only for the
2036 amount of each claimant's contributions. Any claim not filed in accordance with this section
2037 shall be invalid. Any balance remaining, after refunds to eligible contributors, shall be
2038 transferred to the fund balance account in the general fund of the town; and
2039 (4) Whenever the council decides, in conformity with applicable laws and ordinances,
2040 that the need for continued maintenance of its cemetery perpetual care trust fund no longer
2041 exists, it may transfer the balance in such fund to the capital improvements fund for
2042 expenditure for land, buildings, and major improvements to be used exclusively for cemetery
2043 purposes.
2044 Section 16. Section 10-6-131 is amended to read:
2045 10-6-131. Transfer of balances in special funds.

2046 Whenever the necessity for maintaining any special fund of a city has ceased to exist
2047 and a balance remains in the fund, the governing body shall authorize the transfer of the
2048 balance to the fund balance account in the general fund of the city, except that:
2049 (1) Any balance remaining in a special assessment fund and any unrequired balance in
2050 its special improvements guaranty fund shall be treated in the manner provided in Sections
2051 [ 17A-3-332 and 17A-3-334 ] 11-42-413 and 11-42-701 ;
2052 (2) Any balance remaining in a capital improvements or capital projects fund shall be
2053 transferred to the appropriate debt service fund or other fund as the bond ordinance may require
2054 and otherwise to the fund balance account in the general fund;
2055 (3) Whenever any balance held in a trust fund for a specific purpose, other than a
2056 cemetery perpetual care trust fund, is to be transferred because its original purpose or
2057 restriction has ceased to exist, a public hearing shall be held in the manner provided in Sections
2058 10-6-113 and 10-6-114 . The published notice shall invite those persons who contributed to the
2059 fund to appear at the hearing. If the governing body determines the fund balance amounts are
2060 refundable to the original contributors, a 30 day period following the hearing shall be allowed
2061 for persons having an interest in the fund to file with the governing body a verified claim only
2062 for the amount of each claimant's contributions. Any claim not so filed shall be forever barred.
2063 Any balance remaining, after refunds to eligible contributors, shall be transferred to the fund
2064 balance account in the general fund of the city; and
2065 (4) Whenever the governing body decides, in conformity with applicable laws and
2066 ordinances, that the need for continued maintenance of its cemetery perpetual care trust fund no
2067 longer exists, it may transfer the balance in such fund to the capital improvements fund for
2068 expenditure for land, buildings and major improvements to be used exclusively for cemetery
2069 purposes.
2070 Section 17. Section 10-7-14.2 is amended to read:
2071 10-7-14.2. Special tax -- Grant of power to levy.
2072 There is granted to the municipalities of the state not in an improvement district created
2073 for the purpose of establishing and maintaining a sewage collection, treatment, or disposal

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

2102 designated by ordinance to decide an appeal of a decision of a land use application or a
2103 variance.
2104 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
2105 residential property if the sign is designed or intended to direct attention to a business, product,
2106 or service that is not sold, offered, or existing on the property where the sign is located.
2107 (4) "Charter school" includes:
2108 (a) an operating charter school;
2109 (b) a charter school applicant that has its application approved by a chartering entity in
2110 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
2111 (c) an entity who is working on behalf of a charter school or approved charter applicant
2112 to develop or construct a charter school building.
2113 (5) "Chief executive officer" means the:
2114 (a) mayor in municipalities operating under all forms of municipal government except
2115 the council-manager form; or
2116 (b) city manager in municipalities operating under the council-manager form of
2117 municipal government.
2118 (6) "Conditional use" means a land use that, because of its unique characteristics or
2119 potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
2120 compatible in some areas or may be compatible only if certain conditions are required that
2121 mitigate or eliminate the detrimental impacts.
2122 (7) "Constitutional taking" means a governmental action that results in a taking of
2123 private property so that compensation to the owner of the property is required by the:
2124 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
2125 (b) Utah Constitution Article I, Section 22.
2126 (8) "Culinary water authority" means the department, agency, or public entity with
2127 responsibility to review and approve the feasibility of the culinary water system and sources for
2128 the subject property.
2129 (9) (a) "Disability" means a physical or mental impairment that substantially limits one

2130 or more of a person's major life activities, including a person having a record of such an
2131 impairment or being regarded as having such an impairment.
2132 (b) "Disability" does not include current illegal use of, or addiction to, any federally
2133 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
2134 802.
2135 (10) "Elderly person" means a person who is 60 years old or older, who desires or
2136 needs to live with other elderly persons in a group setting, but who is capable of living
2137 independently.
2138 (11) "General plan" means a document that a municipality adopts that sets forth general
2139 guidelines for proposed future development of the land within the municipality.
2140 (12) "Identical plans" means building plans submitted to a municipality that are
2141 substantially identical to building plans that were previously submitted to and reviewed and
2142 approved by the municipality and describe a building that is:
2143 (a) located on land zoned the same as the land on which the building described in the
2144 previously approved plans is located; and
2145 (b) subject to the same geological and meteorological conditions and the same law as
2146 the building described in the previously approved plans.
2147 (13) "Land use application" means an application required by a municipality's land use
2148 ordinance.
2149 (14) "Land use authority" means a person, board, commission, agency, or other body
2150 designated by the local legislative body to act upon a land use application.
2151 (15) "Land use ordinance" means a planning, zoning, development, or subdivision
2152 ordinance of the municipality, but does not include the general plan.
2153 (16) "Land use permit" means a permit issued by a land use authority.
2154 (17) "Legislative body" means the municipal council.
2155 (18) "Local district" means an entity under Title 17B, Limited Purpose Local
2156 Government Entities - Local Districts, and any other governmental or quasi-governmental
2157 entity that is not a county, municipality, school district, or unit of the state.

2158 [(18)] (19) "Lot line adjustment" means the relocation of the property boundary line in
2159 a subdivision between two adjoining lots with the consent of the owners of record.
2160 [(19)] (20) "Moderate income housing" means housing occupied or reserved for
2161 occupancy by households with a gross household income equal to or less than 80% of the
2162 median gross income for households of the same size in the county in which the city is located.
2163 [(20)] (21) "Nominal fee" means a fee that reasonably reimburses a municipality only
2164 for time spent and expenses incurred in:
2165 (a) verifying that building plans are identical plans; and
2166 (b) reviewing and approving those minor aspects of identical plans that differ from the
2167 previously reviewed and approved building plans.
2168 [(21)] (22) "Noncomplying structure" means a structure that:
2169 (a) legally existed before its current land use designation; and
2170 (b) because of one or more subsequent land use ordinance changes, does not conform
2171 to the setback, height restrictions, or other regulations, excluding those regulations, which
2172 govern the use of land.
2173 [(22)] (23) "Nonconforming use" means a use of land that:
2174 (a) legally existed before its current land use designation;
2175 (b) has been maintained continuously since the time the land use ordinance governing
2176 the land changed; and
2177 (c) because of one or more subsequent land use ordinance changes, does not conform
2178 to the regulations that now govern the use of the land.
2179 [(23)] (24) "Official map" means a map drawn by municipal authorities and recorded in
2180 a county recorder's office that:
2181 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
2182 highways and other transportation facilities;
2183 (b) provides a basis for restricting development in designated rights-of-way or between
2184 designated setbacks to allow the government authorities time to purchase or otherwise reserve
2185 the land; and

2186 (c) has been adopted as an element of the municipality's general plan.
2187 [(24)] (25) "Person" means an individual, corporation, partnership, organization,
2188 association, trust, governmental agency, or any other legal entity.
2189 [(25)] (26) "Plan for moderate income housing" means a written document adopted by
2190 a city legislative body that includes:
2191 (a) an estimate of the existing supply of moderate income housing located within the
2192 city;
2193 (b) an estimate of the need for moderate income housing in the city for the next five
2194 years as revised biennially;
2195 (c) a survey of total residential land use;
2196 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
2197 income housing; and
2198 (e) a description of the city's program to encourage an adequate supply of moderate
2199 income housing.
2200 [(26)] (27) "Plat" means a map or other graphical representation of lands being laid out
2201 and prepared in accordance with Section 10-9a-603 , 17-23-17 , or 57-8-13 .
2202 [(27)] (28) "Public hearing" means a hearing at which members of the public are
2203 provided a reasonable opportunity to comment on the subject of the hearing.
2204 [(28)] (29) "Public meeting" means a meeting that is required to be open to the public
2205 under Title 52, Chapter 4, Open and Public Meetings Act.
2206 [(29)] (30) "Record of survey map" means a map of a survey of land prepared in
2207 accordance with Section 17-23-17 .
2208 [(30)] (31) "Residential facility for elderly persons" means a single-family or
2209 multiple-family dwelling unit that meets the requirements of Section 10-9a-516 , but does not
2210 include a health care facility as defined by Section 26-21-2 .
2211 [(31)] (32) "Residential facility for persons with a disability" means a residence:
2212 (a) in which more than one person with a disability resides; and
2213 (b) (i) is licensed or certified by the Department of Human Services under Title 62A,

2214 Chapter 2, Licensure of Programs and Facilities; or
2215 (ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
2216 Health Care Facility Licensing and Inspection Act.
2217 [(32)] (33) "Sanitary sewer authority" means the department, agency, or public entity
2218 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
2219 wastewater systems.
2220 [(33) "Special district" means an entity established under the authority of Title 17A,
2221 Special Districts, and any other governmental or quasi-governmental entity that is not a county,
2222 municipality, school district, or unit of the state.]
2223 (34) "Specified public utility" means an electrical corporation, gas corporation, or
2224 telephone corporation, as those terms are defined in Section 54-2-1 .
2225 (35) "Street" means a public right-of-way, including a highway, avenue, boulevard,
2226 parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
2227 way.
2228 (36) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
2229 divided into two or more lots, parcels, sites, units, plots, or other division of land for the
2230 purpose, whether immediate or future, for offer, sale, lease, or development either on the
2231 installment plan or upon any and all other plans, terms, and conditions.
2232 (b) "Subdivision" includes:
2233 (i) the division or development of land whether by deed, metes and bounds description,
2234 devise and testacy, map, plat, or other recorded instrument; and
2235 (ii) except as provided in Subsection (36)(c), divisions of land for residential and
2236 nonresidential uses, including land used or to be used for commercial, agricultural, and
2237 industrial purposes.
2238 (c) "Subdivision" does not include:
2239 (i) a bona fide division or partition of agricultural land for the purpose of joining one of
2240 the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
2241 neither the resulting combined parcel nor the parcel remaining from the division or partition

2242 violates an applicable land use ordinance;
2243 (ii) a recorded agreement between owners of adjoining unsubdivided properties
2244 adjusting their mutual boundary if:
2245 (A) no new lot is created; and
2246 (B) the adjustment does not violate applicable land use ordinances;
2247 (iii) a recorded document, executed by the owner of record:
2248 (A) revising the legal description of more than one contiguous unsubdivided parcel of
2249 property into one legal description encompassing all such parcels of property; or
2250 (B) joining a subdivided parcel of property to another parcel of property that has not
2251 been subdivided, if the joinder does not violate applicable land use ordinances; or
2252 (iv) a recorded agreement between owners of adjoining subdivided properties adjusting
2253 their mutual boundary if:
2254 (A) no new dwelling lot or housing unit will result from the adjustment; and
2255 (B) the adjustment will not violate any applicable land use ordinance.
2256 (d) The joining of a subdivided parcel of property to another parcel of property that has
2257 not been subdivided does not constitute a subdivision under this Subsection (36) as to the
2258 unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
2259 subdivision ordinance.
2260 (37) "Unincorporated" means the area outside of the incorporated area of a city or
2261 town.
2262 (38) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
2263 land use zones, overlays, or districts.
2264 Section 19. Section 10-9a-305 is amended to read:
2265 10-9a-305. Other entities required to conform to municipality's land use
2266 ordinances -- Exceptions -- School districts and charter schools.
2267 (1) (a) Each county, municipality, school district, charter school, [special] local district,
2268 special service district, and political subdivision of the state shall conform to any applicable
2269 land use ordinance of any municipality when installing, constructing, operating, or otherwise

2270 using any area, land, or building situated within that municipality.
2271 (b) In addition to any other remedies provided by law, when a municipality's land use
2272 ordinances is violated or about to be violated by another political subdivision, that municipality
2273 may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
2274 prevent, enjoin, abate, or remove the improper installation, improvement, or use.
2275 (2) (a) Except as provided in Subsection (3), a school district or charter school is
2276 subject to a municipality's land use ordinances.
2277 (b) (i) Notwithstanding Subsection (3), a municipality may subject a charter school to
2278 standards within each zone pertaining to setback, height, bulk and massing regulations, off-site
2279 parking, curb cut, traffic circulation, and construction staging.
2280 (ii) The standards to which a municipality may subject a charter school under
2281 Subsection (2)(b)(i) shall be objective standards only and may not be subjective.
2282 (iii) Except as provided in Subsection (7)(d), the only basis upon which a municipality
2283 may deny or withhold approval of a charter school's land use application is the charter school's
2284 failure to comply with a standard imposed under Subsection (2)(b)(i).
2285 (iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of an
2286 obligation to comply with a requirement of an applicable building or safety code to which it is
2287 otherwise obligated to comply.
2288 (3) A municipality may not:
2289 (a) impose requirements for landscaping, fencing, aesthetic considerations,
2290 construction methods or materials, building codes, building use for educational purposes, or the
2291 placement or use of temporary classroom facilities on school property;
2292 (b) except as otherwise provided in this section, require a school district or charter
2293 school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
2294 school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
2295 children and not located on or contiguous to school property, unless the roadway or sidewalk is
2296 required to connect an otherwise isolated school site to an existing roadway;
2297 (c) require a district or charter school to pay fees not authorized by this section;

2298 (d) provide for inspection of school construction or assess a fee or other charges for
2299 inspection, unless the school district or charter school is unable to provide for inspection by an
2300 inspector, other than the project architect or contractor, who is qualified under criteria
2301 established by the state superintendent;
2302 (e) require a school district or charter school to pay any impact fee for an improvement
2303 project that is not reasonably related to the impact of the project upon the need that the
2304 improvement is to address; or
2305 (f) impose regulations upon the location of a project except as necessary to avoid
2306 unreasonable risks to health or safety.
2307 (4) Subject to Section 53A-20-108 , a school district or charter school shall coordinate
2308 the siting of a new school with the municipality in which the school is to be located, to:
2309 (a) avoid or mitigate existing and potential traffic hazards, including consideration of
2310 the impacts between the new school and future highways; and
2311 (b) to maximize school, student, and site safety.
2312 (5) Notwithstanding Subsection (3)(d), a municipality may, at its discretion:
2313 (a) provide a walk-through of school construction at no cost and at a time convenient to
2314 the district or charter school; and
2315 (b) provide recommendations based upon the walk-through.
2316 (6) (a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
2317 (i) a municipal building inspector;
2318 (ii) a school district building inspector; or
2319 (iii) an independent, certified building inspector who is:
2320 (A) not an employee of the contractor;
2321 (B) approved by a municipal building inspector or a school district building inspector;
2322 and
2323 (C) licensed to perform the inspection that the inspector is requested to perform.
2324 (b) The approval under Subsection (6)(a)(iii)(B) may not be unreasonably withheld.
2325 (c) If a school district or charter school uses an independent building inspector under

2326 Subsection (6)(a)(iii), the school district or charter school shall submit to the state
2327 superintendent of public instruction, on a monthly basis during construction of the school
2328 building, a copy of each inspection certificate regarding the school building.
2329 (7) (a) A charter school shall be considered a permitted use in all zoning districts
2330 within a municipality.
2331 (b) Each land use application for any approval required for a charter school, including
2332 an application for a building permit, shall be processed on a first priority basis.
2333 (c) Parking requirements for a charter school may not exceed the minimum parking
2334 requirements for schools or other institutional public uses throughout the municipality.
2335 (d) If a municipality has designated zones for a sexually oriented business, or a
2336 business which sells alcohol, a charter school may be prohibited from a location which would
2337 otherwise defeat the purpose for the zone unless the charter school provides a waiver.
2338 (e) (i) A school district or a charter school may seek a certificate authorizing permanent
2339 occupancy of a school building from:
2340 (A) the state superintendent of public instruction, as provided in Subsection
2341 53A-20-104 (3), if the school district or charter school used an independent building inspector
2342 for inspection of the school building; or
2343 (B) a municipal official with authority to issue the certificate, if the school district or
2344 charter school used a municipal building inspector for inspection of the school building.
2345 (ii) A school district may issue its own certificate authorizing permanent occupancy of
2346 a school building if it used its own building inspector for inspection of the school building,
2347 subject to the notification requirement of Subsection 53A-20-104 (3)(a)(ii).
2348 (iii) A charter school may seek a certificate authorizing permanent occupancy of a
2349 school building from a school district official with authority to issue the certificate, if the
2350 charter school used a school district building inspector for inspection of the school building.
2351 (iv) A certificate authorizing permanent occupancy issued by the state superintendent
2352 of public instruction under Subsection 53A-20-104 (3) or a school district official with authority
2353 to issue the certificate shall be considered to satisfy any municipal requirement for an

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

2382 (2) "Board" means the Permanent Community Impact Fund Board created by Section
2383 9-4-304 , and its successors.
2384 (3) "Candidate" means one or more of:
2385 (a) the state;
2386 (b) a county, municipality, school district, [special] local district, special service
2387 district, or other political subdivision of the state; and
2388 (c) a prosecution district.
2389 (4) "Commercial project entity" means a project entity, defined in Subsection (12),
2390 that:
2391 (a) has no taxing authority; and
2392 (b) is not supported in whole or in part by and does not expend or disburse tax
2393 revenues.
2394 (5) "Direct impacts" means an increase in the need for public facilities or services that
2395 is attributable to the project or facilities providing additional project capacity, except impacts
2396 resulting from the construction or operation of a facility that is:
2397 (a) owned by an owner other than the owner of the project or of the facilities providing
2398 additional project capacity; and
2399 (b) used to furnish fuel, construction, or operation materials for use in the project.
2400 (6) "Electric interlocal entity" means an interlocal entity described in Subsection
2401 11-13-203 (3).
2402 (7) "Energy services interlocal entity" means an interlocal entity that is described in
2403 Subsection 11-13-203 (4).
2404 (8) (a) "Estimated electric requirements," when used with respect to a qualified energy
2405 services interlocal entity, includes any of the following that meets the requirements of
2406 Subsection (8)(b):
2407 (i) generation capacity;
2408 (ii) generation output; or
2409 (iii) an electric energy production facility.

2410 (b) An item listed in Subsection (8)(a) is included in "estimated electric requirements"
2411 if it is needed by the qualified energy services interlocal entity to perform the qualified energy
2412 services interlocal entity's contractual or legal obligations to any of its members.
2413 (9) "Interlocal entity" means:
2414 (a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal
2415 entity; or
2416 (b) a separate legal or administrative entity created under Section 11-13-205 .
2417 (10) "Out-of-state public agency" means a public agency as defined in Subsection
2418 (13)(c), (d), or (e).
2419 (11) (a) "Project":
2420 (i) means an electric generation and transmission facility owned by a Utah interlocal
2421 entity or an electric interlocal entity; and
2422 (ii) includes fuel or fuel transportation facilities and water facilities owned by that Utah
2423 interlocal entity or electric interlocal entity and required for the generation and transmission
2424 facility.
2425 (b) "Project" includes a project entity's ownership interest in:
2426 (i) facilities that provide additional project capacity; and
2427 (ii) additional generating, transmission, fuel, fuel transportation, water, or other
2428 facilities added to a project.
2429 (12) "Project entity" means a Utah interlocal entity or an electric interlocal entity that
2430 owns a project.
2431 (13) "Public agency" means:
2432 (a) a city, town, county, school district, [special] local district, special service district,
2433 or other political subdivision of the state;
2434 (b) the state or any department, division, or agency of the state;
2435 (c) any agency of the United States;
2436 (d) any political subdivision or agency of another state or the District of Columbia
2437 including any interlocal cooperation or joint powers agency formed under the authority of the

2438 law of the other state or the District of Columbia; and
2439 (e) any Indian tribe, band, nation, or other organized group or community which is
2440 recognized as eligible for the special programs and services provided by the United States to
2441 Indians because of their status as Indians.
2442 (14) "Qualified energy services interlocal entity" means an energy services interlocal
2443 entity that at the time that the energy services interlocal entity acquires its interest in facilities
2444 providing additional project capacity has at least five members that are Utah public agencies.
2445 (15) "Utah interlocal entity":
2446 (a) means an interlocal entity described in Subsection 11-13-203 (2); and
2447 (b) includes a separate legal or administrative entity created under Chapter 47, Laws of
2448 Utah 1977, Section 3, as amended.
2449 (16) "Utah public agency" means a public agency under Subsection (13)(a) or (b).
2450 Section 22. Section 11-14-102 is amended to read:
2451 11-14-102. Definitions.
2452 For the purpose of this chapter:
2453 (1) "Bond" means any bond authorized to be issued under this chapter, including
2454 municipal bonds.
2455 (2) "Election results" has the same meaning as defined in Section 20A-1-102 .
2456 (3) "Governing body" means:
2457 (a) for a county, city, or town, the legislative body of the county, city, or town;
2458 (b) for [an independent special district or] a local district, the board of trustees of the
2459 [independent special district or] local district;
2460 (c) for a school district, the local board of education; or
2461 (d) for a special service district under Title 17A, Chapter 2, Part 13, Utah Special
2462 Service District Act:
2463 (i) the governing body of the county or municipality that created the special service
2464 district, if no administrative control board has been established under Section 17A-2-1326 ; or
2465 (ii) the administrative control board, if one has been established under Section

2466 17A-2-1326 and the power to issue bonds not payable from taxes has been delegated to the
2467 administrative control board.
2468 [(4) "Independent special district" means a district operating under Title 17A, Chapter
2469 2, Independent Special Districts.]
2470 [(5)] (4) "Local district" means a district operating under Title 17B, [Chapter 2,]
2471 Limited Purpose Local Government Entities - Local Districts.
2472 [(6)] (5) (a) "Local political subdivision" means a county, city, town, school district,
2473 [independent special district, or] local district, or special service district.
2474 (b) "Local political subdivision" does not include the state and its institutions.
2475 Section 23. Section 11-14-301 is amended to read:
2476 11-14-301. Issuance of bonds by governing body -- Computation of indebtedness
2477 under constitutional and statutory limitations.
2478 (1) If the governing body has declared the bond proposition to have carried and no
2479 contest has been filed, or if a contest has been filed and favorably terminated, the governing
2480 body may proceed to issue the bonds voted at the election.
2481 (2) It is not necessary that all of the bonds be issued at one time, but bonds approved by
2482 the voters may not be issued more than ten years after the date of the election.
2483 (3) (a) Bonds approved by the voters may not be issued to an amount that will cause
2484 the indebtedness of the local political subdivision to exceed that permitted by the Utah
2485 Constitution or statutes.
2486 (b) In computing the amount of indebtedness that may be incurred pursuant to
2487 constitutional and statutory limitations, the constitutionally or statutorily permitted percentage,
2488 as the case may be, shall be applied to the fair market value, as defined under Section 59-2-102 ,
2489 of the taxable property in the local political subdivision, as computed from the last applicable
2490 equalized assessment [rolls for state and county purposes prior to] roll before the incurring of
2491 the additional indebtedness[, except that in the case of cities the last equalized assessment rolls
2492 for city purposes shall be controlling].
2493 (c) In determining the fair market value of the taxable property in the local political

2494 subdivision as provided in this section, the value of all tax equivalent property, as defined in
2495 Section 59-3-102 , shall be included as a part of the total fair market value of taxable property
2496 in the local political subdivision, as provided in Title 59, Chapter 3, Tax Equivalent Property
2497 Act.
2498 (4) Bonds of improvement districts issued in a manner that they are payable solely
2499 from the revenues to be derived from the operation of the facilities of the district may not be
2500 included as bonded indebtedness for the purposes of the computation.
2501 (5) Where bonds are issued by a city, town, or county payable solely from revenues
2502 derived from the operation of revenue-producing facilities of the city, town, or county, or
2503 payable solely from a special fund into which are deposited excise taxes levied and collected by
2504 the city, town, or county, or excise taxes levied by the state and rebated pursuant to law to the
2505 city, town, or county, or any combination of those excise taxes, the bonds shall be included as
2506 bonded indebtedness of the city, town, or county only to the extent required by the Utah
2507 Constitution, and any bonds not so required to be included as bonded indebtedness of the city,
2508 town, or county need not be authorized at an election, except as otherwise provided by the Utah
2509 Constitution, the bonds being hereby expressly excluded from the election requirement of
2510 Section 11-14-201 .
2511 (6) A bond election is not void when the amount of bonds authorized at the election
2512 exceeded the limitation applicable to the local political subdivision at the time of holding the
2513 election, but the bonds may be issued from time to time in an amount within the applicable
2514 limitation at the time the bonds are issued.
2515 Section 24. Section 11-14a-1 is amended to read:
2516 11-14a-1. Notice of debt issuance.
2517 (1) For purposes of this chapter:
2518 (a) (i) "Debt" includes bonds, lease purchase agreements, certificates of participation,
2519 and contracts with municipal building authorities.
2520 (ii) "Debt" does not include tax and revenue anticipation notes or refunding bonds.
2521 (b) (i) "Local government entity" means a county, city, town, school district, [or

2522 special] local district, or special service district.
2523 (ii) "Local government entity" does not mean an entity created by an interlocal
2524 agreement under Title 11, Chapter 13, Interlocal Cooperation Act that has assets over
2525 $10,000,000.
2526 (c) "New debt resolution" means a resolution authorizing the issuance of debt wholly
2527 or partially to fund a rejected project.
2528 (d) "Rejected Project" means a project for which a local government entity sought
2529 voter approval for general obligation bond financing and failed to receive that approval.
2530 (2) Unless a local government entity complies with the requirements of this section, it
2531 may not adopt a new debt resolution.
2532 (3) (a) Before adopting a new debt resolution, a local government entity shall:
2533 (i) advertise its intent to issue debt in a newspaper of general circulation; or
2534 (ii) include notice of its intent to issue debt in a bill or other mailing sent to at least
2535 95% of the residents of the local government entity.
2536 (b) (i) The local government entity shall ensure that the advertisement is published at
2537 least once each week for the two weeks before the meeting at which the resolution will be
2538 considered on no less than a 1/4 page or a 5 x 7 inch advertisement with type size no smaller
2539 than 18 point and surrounded by a 1/4 inch border.
2540 (ii) The local government entity shall ensure that the notice:
2541 (A) is at least as large as the bill or other mailing that it accompanies;
2542 (B) is entitled, in type size no smaller than 24 point, "Intent to Issue Debt"; and
2543 (C) contains the information required by Subsection (3)(c).
2544 (c) The local government entity shall ensure that the advertisement or notice:
2545 (i) identifies the local government entity;
2546 (ii) states that the entity will meet on a day, time, and place identified in the
2547 advertisement or notice to hear public comments regarding a resolution authorizing the
2548 issuance of debt by the entity and to explain to the public the reasons for the issuance of debt;
2549 (iii) contains:

2550 (A) the name of the entity that will issue the debt;
2551 (B) the purpose of the debt; and
2552 (C) that type of debt and the maximum principal amount that may be issued;
2553 (iv) invites all concerned citizens to attend the public hearing; and
2554 (v) states that some or all of the proposed debt would fund a project whose general
2555 obligation bond financing was rejected by the voters.
2556 (4) (a) The resolution considered at the hearing shall identify:
2557 (i) the type of debt proposed to be issued;
2558 (ii) the maximum principal amount that might be issued;
2559 (iii) the interest rate;
2560 (iv) the term of the debt; and
2561 (v) how the debt will be repaid.
2562 (b) (i) Except as provided in Subsection (4)(b)(ii), the resolution considered at the
2563 hearing need not be in final form and need not be adopted or rejected at the meeting at which
2564 the public hearing is held.
2565 (ii) The local government entity may not, in the final resolution, increase the maximum
2566 principal amount of debt contained in the notice and discussed at the hearing.
2567 (c) The local government entity may adopt, amend and adopt, or reject the resolution at
2568 a later meeting without recomplying with the published notice requirements of this section.
2569 Section 25. Section 11-27-2 is amended to read:
2570 11-27-2. Definitions.
2571 As used in this chapter:
2572 (1) "Advance refunding bonds" means refunding bonds issued for the purpose of
2573 refunding outstanding bonds in advance of their maturity.
2574 (2) "Assessments" means a special tax levied against property within a special
2575 improvement district to pay all or a portion of the costs of making improvements in the district.
2576 (3) "Bond" means any revenue bond, general obligation bond, tax increment bond,
2577 special improvement bond, or refunding bond.

2578 (4) "General obligation bond" means any bond, note, warrant, certificate of
2579 indebtedness, or other obligation of a public body payable in whole or in part from revenues
2580 derived from ad valorem taxes and that constitutes an indebtedness within the meaning of any
2581 applicable constitutional or statutory debt limitation.
2582 (5) "Governing body" means the council, commission, county legislative body, board
2583 of directors, board of trustees, board of education, board of regents, or other legislative body of
2584 a public body designated in this chapter that is vested with the legislative powers of the public
2585 body, and, with respect to the state, the State Bonding Commission created by Section
2586 63B-1-201 .
2587 (6) "Government obligations" means:
2588 (a) direct obligations of the United States of America, or other securities, the principal
2589 of and interest on which are unconditionally guaranteed by the United States of America; or
2590 (b) obligations of any state, territory, or possession of the United States, or of any of
2591 the political subdivisions of any state, territory, or possession of the United States, or of the
2592 District of Columbia described in Section 103(a), Internal Revenue Code of 1986.
2593 (7) "Issuer" means the public body issuing any bond or bonds.
2594 (8) "Public body" means the state or any agency, authority, instrumentality, or
2595 institution of the state, or any municipal or quasi-municipal corporation, political subdivision,
2596 agency, school district, [special] local district, special service district, or other governmental
2597 entity now or hereafter existing under the laws of the state.
2598 (9) "Refunding bonds" means bonds issued under the authority of this chapter for the
2599 purpose of refunding outstanding bonds.
2600 (10) "Resolution" means a resolution of the governing body of a public body taking
2601 formal action under this chapter.
2602 (11) "Revenue bond" means any bond, note, warrant, certificate of indebtedness, or
2603 other obligation for the payment of money issued by a public body or any predecessor of any
2604 public body and that is payable from designated revenues not derived from ad valorem taxes or
2605 from a special fund composed of revenues not derived from ad valorem taxes, but excluding all

2606 of the following:
2607 (a) any obligation constituting an indebtedness within the meaning of any applicable
2608 constitutional or statutory debt limitation;
2609 (b) any obligation issued in anticipation of the collection of taxes, where the entire
2610 issue matures not later than one year from the date of the issue; and
2611 (c) any special improvement bond.
2612 (12) "Special improvement bond" means any bond, note, warrant, certificate of
2613 indebtedness, or other obligation of a public body or any predecessor of any public body that is
2614 payable from assessments levied on benefitted property and from any special improvement
2615 guaranty fund.
2616 (13) "Special improvement guaranty fund" means any special improvement guaranty
2617 fund established under Title 10, Chapter 6, Uniform Fiscal Procedures Act for Utah Cities;
2618 Title 17A, Chapter 3, Part 2, County Improvement Districts Act; or any predecessor or similar
2619 statute.
2620 (14) "Tax increment bond" means any bond, note, warrant, certificate of indebtedness,
2621 or other obligation of a public body issued under authority of [Title 17A, Chapter 2, Part 16,
2622 Great Salt Lake Development Authority, or any similar statutes, including] Title 17C, Limited
2623 Purpose Local Government Entities - Community Development and Renewal Agencies.
2624 Section 26. Section 11-30-2 is amended to read:
2625 11-30-2. Definitions.
2626 As used in this chapter:
2627 (1) "Attorney general" means the attorney general of the state or one of his assistants.
2628 (2) "Bonds" means any evidence or contract of indebtedness that is issued or
2629 authorized by a public body, including, without limitation, bonds, refunding bonds, advance
2630 refunding bonds, bond anticipation notes, tax anticipation notes, notes, certificates of
2631 indebtedness, warrants, commercial paper, contracts, and leases, whether they are general
2632 obligations of the issuing public body or are payable solely from a specified source, including,
2633 but not limited to, annual appropriations by the public body.

2634 (3) "County attorney" means the county attorney of a county or one of his assistants.
2635 (4) "Lease" means any lease agreement, lease purchase agreement, and installment
2636 purchase agreement, and any certificate of interest or participation in any of the foregoing.
2637 Reference in this chapter to issuance of bonds includes execution and delivery of leases.
2638 (5) "Person" means any person, association, corporation, or other entity.
2639 (6) "Public body" means the state or any agency, authority, instrumentality, or
2640 institution of the state, or any county, municipality, quasi-municipal corporation, school
2641 district, [special] local district, special service district, political subdivision, or other
2642 governmental entity existing under the laws of the state, whether or not possessed of any taxing
2643 power. With respect to leases, public body, as used in this chapter, refers to the public body
2644 which is the lessee, or is otherwise the obligor with respect to payment under any such leases.
2645 (7) "Refunding bonds" means any bonds that are issued to refund outstanding bonds,
2646 including both refunding bonds and advance refunding bonds.
2647 (8) "State" means the state of Utah.
2648 (9) "Validity" means any matter relating to the legality and validity of the bonds and
2649 the security therefor, including, without limitation, the legality and validity of:
2650 (a) a public body's authority to issue and deliver the bonds;
2651 (b) any ordinance, resolution, or statute granting the public body authority to issue and
2652 deliver the bonds;
2653 (c) all proceedings, elections, if any, and any other actions taken or to be taken in
2654 connection with the issuance, sale, or delivery of the bonds;
2655 (d) the purpose, location, or manner of the expenditure of funds;
2656 (e) the organization or boundaries of the public body;
2657 (f) any assessments, taxes, rates, rentals, fees, charges, or tolls levied or that may be
2658 levied in connection with the bonds;
2659 (g) any lien, proceeding, or other remedy for the collection of those assessments, taxes,
2660 rates, rentals, fees, charges, or tolls;
2661 (h) any contract or lease executed or to be executed in connection with the bonds;

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

2690 joint agreement entity, [redevelopment] community development and renewal agency, and any
2691 other political subdivision, public authority, public agency, or public trust existing under the
2692 laws of the state.
2693 Section 28. Section 11-34-1 is amended to read:
2694 11-34-1. Definitions.
2695 As used in this chapter:
2696 (1) "Bonds" means any evidence or contract of indebtedness that is issued or
2697 authorized by a public body, including, without limitation, bonds, refunding bonds, advance
2698 refunding bonds, bond anticipation notes, tax anticipation notes, notes, certificates of
2699 indebtedness, warrants, commercial paper, contracts, and leases, whether they are general
2700 obligations of the issuing public body or are payable solely from a specified source, including,
2701 but not limited to, annual appropriations by the public body.
2702 (2) "Public body" means the state and any public department, public agency, or other
2703 public entity existing under the laws of the state, including, without limitation, any agency,
2704 authority, instrumentality, or institution of the state, and any county, city, town, municipal
2705 corporation, quasi-municipal corporation, state university or college, school district, special
2706 service district [or other special], local district, [improvement district, water conservancy
2707 district, metropolitan water district, drainage district, irrigation district, fire protection district,]
2708 separate legal or administrative entity created under the Interlocal Cooperation Act or other
2709 joint agreement entity, [redevelopment] community development and renewal agency, and any
2710 other political subdivision, public authority, public agency, or public trust existing under the
2711 laws of this state.
2712 Section 29. Section 11-36-102 is amended to read:
2713 11-36-102. Definitions.
2714 As used in this chapter:
2715 (1) "Building permit fee" means the fees charged to enforce the uniform codes adopted
2716 pursuant to Title 58, Chapter 56, Utah Uniform Building Standards Act, that are not greater
2717 than the fees indicated in the appendix to the International Building Code.

2718 (2) "Capital facilities plan" means the plan required by Section 11-36-201 .
2719 (3) "Development activity" means any construction or expansion of a building,
2720 structure, or use, any change in use of a building or structure, or any changes in the use of land
2721 that creates additional demand and need for public facilities.
2722 (4) "Development approval" means any written authorization from a local political
2723 subdivision that authorizes the commencement of development activity.
2724 (5) "Enactment" means:
2725 (a) a municipal ordinance, for municipalities;
2726 (b) a county ordinance, for counties; and
2727 (c) a governing board resolution, for [special] local districts or special service districts.
2728 (6) "Hookup fees" means reasonable fees, not in excess of the approximate average
2729 costs to the political subdivision, for services provided for and directly attributable to the
2730 connection to utility services, including gas, water, sewer, power, or other municipal, county,
2731 [or independent special] local district, or special service district utility services.
2732 (7) (a) "Impact fee" means a payment of money imposed upon development activity as
2733 a condition of development approval.
2734 (b) "Impact fee" does not mean a tax, a special assessment, a building permit fee, a
2735 hookup fee, a fee for project improvements, or other reasonable permit or application fee.
2736 (8) (a) "Local political subdivision" means a county, a municipality, [or a special] a
2737 local district [created] under Title [17A, Special Districts] 17B, Limited Purpose Local
2738 Government Entities - Local Districts, or a special service district under Title 17A, Chapter 2,
2739 Part 13, Utah Special Service District Act.
2740 (b) "Local political subdivision" does not mean school districts, whose impact fee
2741 activity is governed by Section 53A-20-100.5 .
2742 (9) "Private entity" means an entity with private ownership that provides culinary water
2743 that is required to be used as a condition of development.
2744 (10) (a) "Project improvements" means site improvements and facilities that are:
2745 (i) planned and designed to provide service for development resulting from a

2746 development activity; and
2747 (ii) necessary for the use and convenience of the occupants or users of development
2748 resulting from a development activity.
2749 (b) "Project improvements" does not mean system improvements.
2750 (11) "Proportionate share" means the cost of public facility improvements that are
2751 roughly proportionate and reasonably related to the service demands and needs of any
2752 development activity.
2753 (12) "Public facilities" means only the following capital facilities that have a life
2754 expectancy of ten or more years and are owned or operated by or on behalf of a local political
2755 subdivision or private entity:
2756 (a) water rights and water supply, treatment, and distribution facilities;
2757 (b) wastewater collection and treatment facilities;
2758 (c) storm water, drainage, and flood control facilities;
2759 (d) municipal power facilities;
2760 (e) roadway facilities;
2761 (f) parks, recreation facilities, open space, and trails; and
2762 (g) public safety facilities.
2763 (13) (a) "Public safety facility" means:
2764 (i) a building constructed or leased to house police, fire, or other public safety entities;
2765 or
2766 (ii) a fire suppression vehicle with a ladder reach of at least 75 feet, costing in excess of
2767 $1,250,000, that is necessary for fire suppression in commercial areas with one or more
2768 buildings at least five stories high.
2769 (b) "Public safety facility" does not mean a jail, prison, or other place of involuntary
2770 incarceration.
2771 (14) (a) "Roadway facilities" means streets or roads that have been designated on an
2772 officially adopted subdivision plat, roadway plan, or general plan of a political subdivision,
2773 together with all necessary appurtenances.

2774 (b) "Roadway facilities" includes associated improvements to federal or state roadways
2775 only when the associated improvements:
2776 (i) are necessitated by the new development; and
2777 (ii) are not funded by the state or federal government.
2778 (c) "Roadway facilities" does not mean federal or state roadways.
2779 (15) (a) "Service area" means a geographic area designated by a local political
2780 subdivision on the basis of sound planning or engineering principles in which a defined set of
2781 public facilities provide service within the area.
2782 (b) "Service area" may include the entire local political subdivision.
2783 (16) (a) "System improvements" means:
2784 (i) existing public facilities that are designed to provide services to service areas within
2785 the community at large; and
2786 (ii) future public facilities identified in a capital facilities plan that are intended to
2787 provide services to service areas within the community at large.
2788 (b) "System improvements" does not mean project improvements.
2789 Section 30. Section 11-36-201 is amended to read:
2790 11-36-201. Impact fees -- Analysis -- Capital facilities plan -- Notice of plan --
2791 Summary -- Exemptions.
2792 (1) (a) Each local political subdivision and private entity shall comply with the
2793 requirements of this chapter before establishing or modifying any impact fee.
2794 (b) A local political subdivision may not:
2795 (i) establish any new impact fees that are not authorized by this chapter; or
2796 (ii) impose or charge any other fees as a condition of development approval unless
2797 those fees are a reasonable charge for the service provided.
2798 (c) Notwithstanding any other requirements of this chapter, each local political
2799 subdivision shall ensure that each existing impact fee that is charged for any public facility not
2800 authorized by Subsection 11-36-102 (12) is repealed by July 1, 1995.
2801 (d) (i) Existing impact fees for public facilities authorized in Subsection 11-36-102 (12)

2802 that are charged by local political subdivisions need not comply with the requirements of this
2803 chapter until July 1, 1997.
2804 (ii) By July 1, 1997, each local political subdivision shall:
2805 (A) review any impact fees in existence as of the effective date of this act, and prepare
2806 and approve the analysis required by this section for each of those impact fees; and
2807 (B) ensure that the impact fees comply with the requirements of this chapter.
2808 (2) (a) Before imposing impact fees, each local political subdivision shall prepare a
2809 capital facilities plan.
2810 (b) (i) As used in this Subsection (2)(b):
2811 (A) (I) "Affected entity" means each county, municipality, [independent special district
2812 under Title 17A, Chapter 2, Independent Special Districts,] local district under Title 17B,
2813 [Chapter 2,] Limited Purpose Local Government Entities - Local Districts, special service
2814 district under Title 17A, Chapter 2, Part 13, Utah Special Service District Act, school district,
2815 interlocal cooperation entity established under Chapter 13, Interlocal Cooperation Act, and
2816 specified public utility:
2817 (Aa) whose services or facilities are likely to require expansion or significant
2818 modification because of the facilities proposed in the proposed capital facilities plan; or
2819 (Bb) that has filed with the local political subdivision or private entity a copy of the
2820 general or long-range plan of the county, municipality, [independent special district,] local
2821 district, special service district, school district, interlocal cooperation entity, or specified public
2822 utility.
2823 (II) "Affected entity" does not include the local political subdivision or private entity
2824 that is required under this Subsection (2) to provide notice.
2825 (B) "Specified public utility" means an electrical corporation, gas corporation, or
2826 telephone corporation, as those terms are defined in Section 54-2-1 .
2827 (ii) Before preparing a capital facilities plan for facilities proposed on land located
2828 within a county of the first or second class, each local political subdivision and each private
2829 entity shall provide written notice, as provided in this Subsection (2)(b), of its intent to prepare

2830 a capital facilities plan.
2831 (iii) Each notice under Subsection (2)(b)(ii) shall:
2832 (A) indicate that the local political subdivision or private entity intends to prepare a
2833 capital facilities plan;
2834 (B) describe or provide a map of the geographic area where the proposed capital
2835 facilities will be located;
2836 (C) be sent to:
2837 (I) each county in whose unincorporated area and each municipality in whose
2838 boundaries is located the land on which the proposed facilities will be located;
2839 (II) each affected entity;
2840 (III) the Automated Geographic Reference Center created in Section 63F-1-506 ;
2841 (IV) the association of governments, established pursuant to an interlocal agreement
2842 under Title 11, Chapter 13, Interlocal Cooperation Act, in which the facilities are proposed to
2843 be located; and
2844 (V) the state planning coordinator appointed under Section 63-38d-202 ; and
2845 (D) with respect to the notice to affected entities, invite the affected entities to provide
2846 information for the local political subdivision or private entity to consider in the process of
2847 preparing, adopting, and implementing a capital facilities plan concerning:
2848 (I) impacts that the facilities proposed in the capital facilities plan may have on the
2849 affected entity; and
2850 (II) facilities or uses of land that the affected entity is planning or considering that may
2851 conflict with the facilities proposed in the capital facilities plan.
2852 (c) The plan shall identify:
2853 (i) demands placed upon existing public facilities by new development activity; and
2854 (ii) the proposed means by which the local political subdivision will meet those
2855 demands.
2856 (d) Municipalities and counties need not prepare a separate capital facilities plan if the
2857 general plan required by Sections 10-9a-401 and 17-27a-401 contains the elements required by

2858 Subsection (2)(c).
2859 (e) (i) If a local political subdivision prepares an independent capital facilities plan
2860 rather than including a capital facilities element in the general plan, the local political
2861 subdivision shall, before adopting the capital facilities plan:
2862 (A) give public notice of the plan according to this Subsection (2)(e);
2863 (B) at least 14 days before the date of the public hearing:
2864 (I) make a copy of the plan, together with a summary designed to be understood by a
2865 lay person, available to the public; and
2866 (II) place a copy of the plan and summary in each public library within the local
2867 political subdivision; and
2868 (C) hold a public hearing to hear public comment on the plan.
2869 (ii) Municipalities shall comply with the notice and hearing requirements of, and,
2870 except as provided in Subsection 11-36-401 (4)(f), receive the protections of Sections
2871 10-9a-205 and 10-9a-801 and Subsection 10-9a-502 (2).
2872 (iii) Counties shall comply with the notice and hearing requirements of, and, except as
2873 provided in Subsection 11-36-401 (4)(f), receive the protections of Sections 17-27a-205 and
2874 17-27a-801 and Subsection 17-27a-502 (2).
2875 (iv) [Special] Local districts, special service districts, and private entities shall comply
2876 with the notice and hearing requirements of, and receive the protections of, Section
2877 [ 17A-1-203 ] 17B-1-111 .
2878 (v) Nothing contained in this Subsection (2)(e) or in the subsections referenced in
2879 Subsections (2)(e)(ii) and (iii) may be construed to require involvement by a planning
2880 commission in the capital facilities planning process.
2881 (f) (i) Local political subdivisions with a population or serving a population of less
2882 than 5,000 as of the last federal census need not comply with the capital facilities plan
2883 requirements of this part, but shall ensure that the impact fees imposed by them are based upon
2884 a reasonable plan.
2885 (ii) Subsection (2)(f)(i) does not apply to private entities.

2886 (3) In preparing the plan, each local political subdivision shall generally consider all
2887 revenue sources, including impact fees, to finance the impacts on system improvements.
2888 (4) A local political subdivision may only impose impact fees on development
2889 activities when its plan for financing system improvements establishes that impact fees are
2890 necessary to achieve an equitable allocation to the costs borne in the past and to be borne in the
2891 future, in comparison to the benefits already received and yet to be received.
2892 (5) (a) Each local political subdivision imposing impact fees shall prepare a written
2893 analysis of each impact fee that:
2894 (i) identifies the impact on system improvements required by the development activity;
2895 (ii) demonstrates how those impacts on system improvements are reasonably related to
2896 the development activity;
2897 (iii) estimates the proportionate share of the costs of impacts on system improvements
2898 that are reasonably related to the new development activity; and
2899 (iv) based upon those factors and the requirements of this chapter, identifies how the
2900 impact fee was calculated.
2901 (b) In analyzing whether or not the proportionate share of the costs of public facilities
2902 are reasonably related to the new development activity, the local political subdivision shall
2903 identify, if applicable:
2904 (i) the cost of existing public facilities;
2905 (ii) the manner of financing existing public facilities, such as user charges, special
2906 assessments, bonded indebtedness, general taxes, or federal grants;
2907 (iii) the relative extent to which the newly developed properties and the other
2908 properties in the municipality have already contributed to the cost of existing public facilities,
2909 by such means as user charges, special assessments, or payment from the proceeds of general
2910 taxes;
2911 (iv) the relative extent to which the newly developed properties and the other
2912 properties in the municipality will contribute to the cost of existing public facilities in the
2913 future;

2914 (v) the extent to which the newly developed properties are entitled to a credit because
2915 the municipality is requiring their developers or owners, by contractual arrangement or
2916 otherwise, to provide common facilities, inside or outside the proposed development, that have
2917 been provided by the municipality and financed through general taxation or other means, apart
2918 from user charges, in other parts of the municipality;
2919 (vi) extraordinary costs, if any, in servicing the newly developed properties; and
2920 (vii) the time-price differential inherent in fair comparisons of amounts paid at
2921 different times.
2922 (c) Each local political subdivision that prepares a written analysis under this
2923 Subsection (5) on or after July 1, 2000 shall also prepare a summary of the written analysis,
2924 designed to be understood by a lay person.
2925 (6) Each local political subdivision that adopts an impact fee enactment under Section
2926 11-36-202 on or after July 1, 2000 shall, at least 14 days before adopting the enactment, submit
2927 to each public library within the local political subdivision:
2928 (a) a copy of the written analysis required by Subsection (5)(a); and
2929 (b) a copy of the summary required by Subsection (5)(c).
2930 (7) Nothing in this chapter may be construed to repeal or otherwise eliminate any
2931 impact fee in effect on the effective date of this chapter that is pledged as a source of revenues
2932 to pay bonded indebtedness that was incurred before the effective date of this chapter.
2933 Section 31. Section 11-36-202 is amended to read:
2934 11-36-202. Impact fees -- Enactment -- Required provisions.
2935 (1) (a) Each local political subdivision wishing to impose impact fees shall pass an
2936 impact fee enactment.
2937 (b) The impact fee imposed by that enactment may not exceed the highest fee justified
2938 by the impact fee analysis performed pursuant to Section 11-36-201 .
2939 (c) In calculating the impact fee, each local political subdivision may include:
2940 (i) the construction contract price;
2941 (ii) the cost of acquiring land, improvements, materials, and fixtures;

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

2970 before the date of the public hearing; and
2971 (B) comply with the notice and hearing requirements of, and receive the protections of,
2972 Section [ 17A-1-203 ] 17B-1-111 .
2973 (g) Nothing contained in Subsection (1)(f) or in the subsections referenced in
2974 Subsections (1)(f)(i)(B) and (ii)(B) may be construed to require involvement by a planning
2975 commission in the impact fee enactment process.
2976 (2) The local political subdivision shall ensure that the impact fee enactment contains:
2977 (a) a provision establishing one or more service areas within which it shall calculate
2978 and impose impact fees for various land use categories;
2979 (b) either:
2980 (i) a schedule of impact fees for each type of development activity that specifies the
2981 amount of the impact fee to be imposed for each type of system improvement; or
2982 (ii) the formula that the local political subdivision will use to calculate each impact fee;
2983 (c) a provision authorizing the local political subdivision to adjust the standard impact
2984 fee at the time the fee is charged to:
2985 (i) respond to unusual circumstances in specific cases; and
2986 (ii) ensure that the impact fees are imposed fairly; and
2987 (d) a provision governing calculation of the amount of the impact fee to be imposed on
2988 a particular development that permits adjustment of the amount of the fee based upon studies
2989 and data submitted by the developer.
2990 (3) The local political subdivision may include a provision in the impact fee enactment
2991 that:
2992 (a) exempts low income housing and other development activities with broad public
2993 purposes from impact fees and establishes one or more sources of funds other than impact fees
2994 to pay for that development activity;
2995 (b) imposes an impact fee for public facility costs previously incurred by a local
2996 political subdivision to the extent that new growth and development will be served by the
2997 previously constructed improvement; and

2998 (c) allows a credit against impact fees for any dedication of land for, improvement to,
2999 or new construction of, any system improvements provided by the developer if the facilities:
3000 (i) are identified in the capital facilities plan; and
3001 (ii) are required by the local political subdivision as a condition of approving the
3002 development activity.
3003 (4) Except as provided in Subsection (3)(b), the local political subdivision may not
3004 impose an impact fee to cure deficiencies in public facilities serving existing development.
3005 (5) Notwithstanding the requirements and prohibitions of this chapter, a local political
3006 subdivision may impose and assess an impact fee for environmental mitigation when:
3007 (a) the local political subdivision has formally agreed to fund a Habitat Conservation
3008 Plan to resolve conflicts with the Endangered Species Act of 1973, 16 U.S.C. Sec 1531, et seq.
3009 or other state or federal environmental law or regulation;
3010 (b) the impact fee bears a reasonable relationship to the environmental mitigation
3011 required by the Habitat Conservation Plan; and
3012 (c) the legislative body of the local political subdivision adopts an ordinance or
3013 resolution:
3014 (i) declaring that an impact fee is required to finance the Habitat Conservation Plan;
3015 (ii) establishing periodic sunset dates for the impact fee; and
3016 (iii) requiring the legislative body to:
3017 (A) review the impact fee on those sunset dates;
3018 (B) determine whether or not the impact fee is still required to finance the Habitat
3019 Conservation Plan; and
3020 (C) affirmatively reauthorize the impact fee if the legislative body finds that the impact
3021 fee must remain in effect.
3022 (6) Each political subdivision shall ensure that any existing impact fee for
3023 environmental mitigation meets the requirements of Subsection (5) by July 1, 1995.
3024 (7) Notwithstanding any other provision of this chapter:
3025 (a) a municipality imposing impact fees to fund fire trucks as of the effective date of

3026 this act may impose impact fees for fire trucks until July 1, 1997; and
3027 (b) an impact fee to pay for a public safety facility that is a fire suppression vehicle
3028 may not be imposed with respect to land that has a zoning designation other than commercial.
3029 (8) Notwithstanding any other provision of this chapter, a local political subdivision
3030 may impose and collect impact fees on behalf of a school district if authorized by Section
3031 53A-20-100.5 .
3032 Section 32. Section 11-36-501 is amended to read:
3033 11-36-501. Private entity assessment of impact fees -- Notice and hearing -- Audit.
3034 (1) A private entity may only impose a charge for public facilities as a condition of
3035 development approval by imposing an impact fee. A private entity shall comply with the
3036 requirements of this chapter before imposing an impact fee.
3037 (2) Except as otherwise specified in this chapter, a private entity is subject to the same
3038 requirements of this chapter as a local political subdivision.
3039 (3) Where notice and hearing requirements are specified, a private entity shall comply
3040 with the notice and hearing requirements for [special] local districts.
3041 (4) A private entity that assesses an impact fee under this chapter is subject to the audit
3042 requirements of Title 51, Chapter 2a, Accounting Reports from Political Subdivisions,
3043 Interlocal Organizations, and Other Local Entities Act.
3044 Section 33. Section 11-39-101 is amended to read:
3045 11-39-101. Definitions.
3046 As used in this chapter:
30