H.B. 65

1

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

28 . authorizes the creation of a new type of limited purposes local government entity
29 known as a basic local district and provides for its authority and the makeup of its
30 board of trustees;
31 . authorizes the creation of a local district by another local district whose boundaries
32 completely encompass the proposed local district if the proposed local district is
33 being created to provide one or more components of the same service that the
34 initiating local district is authorized to provide;
35 . extends eminent domain authority to cemetery maintenance districts and
36 standardizes language related to the eminent domain authority of all local districts
37 that have eminent domain authority;
38 . authorizes local districts to acquire, lease, or construct and operate electrical
39 generation, transmission, and distribution facilities if the facilities are to harness
40 energy that results inherently from the district's operations, the primary purpose of
41 the facilities is incidental to the district's primary operations, and the operation of
42 the facilities will not hinder or interfere with the district's primary operations;
43 . modifies the types of services that local districts may provide;
44 . eliminates a redundant provision regarding the circumstances under which a local
45 district is conclusively presumed to be incorporated;
46 . modifies a provision prohibiting board of trustees members from being employed by
47 the local district;
48 . authorizes a local district's board of trustees to determine the district's fiscal year;
49 . authorizes local districts to combine a notice and hearing related to the district's
50 budget with the notice and hearing on a proposed fee increase;
51 . authorizes local districts to charge on a single bill for multiple commodities,
52 services, or facilities the district provides and to suspend furnishing the commodity,
53 service, or facility for a customer's failure to pay;
54 . authorizes local districts to certify delinquent fees or charges to the county treasurer
55 and so that they become a lien on the customer's property;
56 . increases the debt limit of a former regional service area from 5% to 12% of the
57 taxable value of taxable property in the service area;
58 . increases the debt limit of a cemetery maintenance district from .0001 to .004 of the

59 taxable value of taxable property in the district;
60 . increases the debt limit of a mosquito abatement district from .0001 to .0004 of the
61 taxable value of taxable property in the district;
62 . modifies the calculation of the debt limit of a drainage district from $1.50 per acre
63 to .002 of the taxable value of taxable property in the district;
64 . modifies a provision relating to fire protection districts boards of trustees;
65 . authorizes mosquito abatement districts to establish a reserve fund for extraordinary
66 abatement measures;
67 . authorizes local districts to allow another political subdivision to use surplus
68 capacity or have an ownership interest in district facilities for monetary,
69 nonmonetary, or no consideration;
70 . authorizes local districts to allow another political subdivision or a public or private
71 property owner to use the surface of land on which the district has a right-of-way,
72 for monetary, nonmonetary, or no consideration;
73 . modifies provisions relating to the board of trustees of a metropolitan water district;
74 . modifies the area within which a mosquito abatement district may provide service;
75 . eliminates a public transit district provision relating to labor dispute arbitration;
76 . transforms a former regional service area into a service area and makes the former
77 regional service area subject to provisions applicable to service area;
78 . rewrites and consolidates provisions relating to different classes of water
79 conservancy district assessments;
80 . authorizes a local government entity to finance operation and maintenance costs of
81 improvements through an assessment area;
82 . authorizes a local government entity to add additional property to a designated
83 assessment area under certain circumstances;
84 . authorizes a local government entity to issue bond anticipation notes with respect to
85 anticipated bonds secured by property in an assessment area;
86 . authorizes the levy of assessments in an assessment area by zones;
87 . modifies provisions related to a board of equalization with respect to assessments
88 levied in an assessment area;
89 . authorizes a local government entity to designate a trustee for purposes of

90 foreclosing a lien after a delinquency;
91 . modifies provisions relating to a guaranty fund and reserve fund for paying
92 obligations relating to an assessment area;
93 . allows property owners to waive requirements applicable to the designation of an
94 assessment area and the levying of an assessment in an assessment area; and
95 . makes technical and conforming changes.
96 Monies Appropriated in this Bill:
97 None
98 Other Special Clauses:
99 None
100 Utah Code Sections Affected:
101 AMENDS:
102 8-5-5, as last amended by Chapter 123, Laws of Utah 2002
103 10-1-117, as last amended by Chapter 233, Laws of Utah 2005
104 10-2-101, as last amended by Chapter 3, Laws of Utah 1997, Second Special Session
105 10-2-106, as last amended by Chapter 105, Laws of Utah 1999
106 10-2-401, as last amended by Chapter 206, Laws of Utah 2001
107 10-2-403, as last amended by Chapter 259, Laws of Utah 2004
108 10-2-406, as last amended by Chapters 211 and 257, Laws of Utah 2003
109 10-2-412, as last amended by Chapter 206, Laws of Utah 2001
110 10-2-413, as last amended by Chapter 206, Laws of Utah 2001
111 10-2-414, as last amended by Chapter 211, Laws of Utah 2003
112 10-2-418, as last amended by Chapter 227, Laws of Utah 2003
113 10-2-419, as last amended by Chapter 233, Laws of Utah 2005
114 10-2-425, as last amended by Chapter 233, Laws of Utah 2005
115 10-2-428, as enacted by Chapter 227, Laws of Utah 2003
116 10-5-119, as last amended by Chapter 30, Laws of Utah 1992
117 10-6-131, as enacted by Chapter 26, Laws of Utah 1979
118 10-7-14.2, as last amended by Chapter 30, Laws of Utah 1992
119 10-9a-103, as last amended by Chapters 14, 163, 240, 257 and 289, Laws of Utah 2006
120 10-9a-305, as last amended by Chapter 364, Laws of Utah 2006

121 11-2-1, as last amended by Chapter 9, Laws of Utah 1980
122 11-13-103, as last amended by Chapter 21, Laws of Utah 2003
123 11-14-102, as last amended by Chapter 83, Laws of Utah 2006
124 11-14a-1, as enacted by Chapter 266, Laws of Utah 1995
125 11-27-2, as last amended by Chapter 359, Laws of Utah 2006
126 11-30-2, as enacted by Chapter 197, Laws of Utah 1987
127 11-31-2, as last amended by Chapter 12, Laws of Utah 2001
128 11-34-1, as enacted by Chapter 200, Laws of Utah 1987
129 11-36-102, as last amended by Chapter 257, Laws of Utah 2006
130 11-36-201, as last amended by Chapter 240, Laws of Utah 2006
131 11-36-202, as last amended by Chapters 240 and 257, Laws of Utah 2006
132 11-36-501, as last amended by Chapter 71, Laws of Utah 2005
133 11-39-101, as last amended by Chapter 94, Laws of Utah 2004
134 11-39-107, as last amended by Chapter 25, Laws of Utah 2005
135 11-40-101, as last amended by Chapter 90, Laws of Utah 2004
136 14-1-18, as last amended by Chapter 25, Laws of Utah 2005
137 15-7-2, as enacted by Chapter 62, Laws of Utah 1983
138 17-23-17, as last amended by Chapter 155, Laws of Utah 2004
139 17-27a-103, as last amended by Chapters 14, 163, 240, 257 and 289, Laws of Utah
140 2006
141 17-27a-305, as last amended by Chapter 364, Laws of Utah 2006
142 17-35b-302, as last amended by Chapter 133, Laws of Utah 2000
143 17-35b-303, as enacted by Chapter 369, Laws of Utah 1998
144 17-36-9, as last amended by Chapter 300, Laws of Utah 1999
145 17-36-29, as last amended by Chapter 212, Laws of Utah 1996
146 17-41-101, as last amended by Chapter 194, Laws of Utah 2006
147 17-43-201, as last amended by Chapters 2 and 71, Laws of Utah 2005
148 17-43-301, as last amended by Chapter 71, Laws of Utah 2005
149 17-50-103, as enacted by Chapter 185, Laws of Utah 2000
150 17-52-403, as last amended by Chapter 241, Laws of Utah 2001
151 17A-2-1314, as last amended by Chapter 259, Laws of Utah 2003

152 17A-2-1315, as last amended by Chapter 105, Laws of Utah 2005
153 17A-2-1326, as last amended by Chapter 83, Laws of Utah 2006
154 17A-2-1330, as renumbered and amended by Chapter 186, Laws of Utah 1990
155 17C-1-102, as last amended by Chapter 254 and renumbered and amended by Chapter
156 359, Laws of Utah 2006
157 19-3-301, as last amended by Chapter 148, Laws of Utah 2005
158 19-4-111, as last amended by Chapter 185, Laws of Utah 2003
159 19-6-502, as renumbered and amended by Chapter 112, Laws of Utah 1991
160 20A-1-102, as last amended by Chapters 16, 264 and 326, Laws of Utah 2006
161 20A-1-201.5, as last amended by Chapter 355, Laws of Utah 2006
162 20A-1-202, as last amended by Chapter 241, Laws of Utah 2000
163 20A-1-512, as last amended by Chapter 108, Laws of Utah 1994
164 20A-2-101, as last amended by Chapter 266, Laws of Utah 1998
165 20A-3-101, as last amended by Chapter 177, Laws of Utah 2002
166 20A-3-102, as enacted by Chapter 1, Laws of Utah 1993
167 20A-3-501, as last amended by Chapter 127, Laws of Utah 2003
168 20A-4-301, as last amended by Chapter 355, Laws of Utah 2006
169 20A-4-304, as last amended by Chapters 326 and 355, Laws of Utah 2006
170 20A-4-305, as last amended by Chapter 24, Laws of Utah 1997
171 20A-4-401, as last amended by Chapter 105, Laws of Utah 2005
172 20A-5-101, as last amended by Chapter 249, Laws of Utah 2003
173 20A-5-201, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
174 20A-5-302, as last amended by Chapter 5, Laws of Utah 2005, First Special Session
175 20A-5-400.5, as last amended by Chapter 105, Laws of Utah 2005
176 20A-5-401, as last amended by Chapters 264 and 326, Laws of Utah 2006
177 20A-5-403, as last amended by Chapter 326, Laws of Utah 2006
178 20A-5-407, as last amended by Chapter 21, Laws of Utah 1994
179 20A-5-602, as last amended by Chapter 40, Laws of Utah 1998
180 20A-9-101, as last amended by Chapter 24, Laws of Utah 1997
181 20A-9-503, as last amended by Chapter 45, Laws of Utah 1999
182 20A-11-1202, as last amended by Chapter 142, Laws of Utah 2004

183 26-8a-405.1, as last amended by Chapter 60, Laws of Utah 2006
184 32A-2-103, as last amended by Chapter 152, Laws of Utah 2005
185 32A-3-106, as last amended by Chapter 152, Laws of Utah 2005
186 32A-4-106, as last amended by Chapter 268, Laws of Utah 2004
187 32A-4-307, as last amended by Chapter 268, Laws of Utah 2004
188 32A-5-107, as last amended by Chapter 268, Laws of Utah 2004
189 34-30-14, as enacted by Chapter 72, Laws of Utah 1995
190 34-32-1.1, as last amended by Chapter 220, Laws of Utah 2004
191 34-41-101, as enacted by Chapter 18, Laws of Utah 1994
192 36-12-13, as last amended by Chapter 55, Laws of Utah 1998
193 49-11-102, as last amended by Chapter 116, Laws of Utah 2005
194 51-4-2, as last amended by Chapters 10 and 215, Laws of Utah 1997
195 52-4-203, as renumbered and amended by Chapter 14 and last amended by Chapters
196 263 and 265, Laws of Utah 2006
197 53-3-207, as last amended by Chapter 20, Laws of Utah 2005
198 53-7-104, as last amended by Chapter 25, Laws of Utah 2001
199 53-10-605, as last amended by Chapter 169, Laws of Utah 2005
200 53-13-103, as last amended by Chapter 347, Laws of Utah 2006
201 53A-2-123, as last amended by Chapter 169, Laws of Utah 2005
202 53B-16-104, as enacted by Chapter 21, Laws of Utah 2000
203 54-3-28, as last amended by Chapter 169, Laws of Utah 2005
204 54-8c-1, as last amended by Chapter 30, Laws of Utah 1992
205 54-14-103, as enacted by Chapter 197, Laws of Utah 1997
206 57-8-27, as last amended by Chapter 265, Laws of Utah 2003
207 59-2-102, as last amended by Chapters 223 and 249, Laws of Utah 2006
208 59-2-511, as last amended by Chapter 254, Laws of Utah 2005
209 59-2-912, as last amended by Chapter 227, Laws of Utah 1993
210 59-2-924, as last amended by Chapters 26, 105 and 359, Laws of Utah 2006
211 59-2-1101, as last amended by Chapter 19, Laws of Utah 2005
212 59-12-501, as last amended by Chapter 253, Laws of Utah 2006
213 59-12-502, as last amended by Chapters 253 and 329, Laws of Utah 2006

214 59-12-1001, as last amended by Chapter 253, Laws of Utah 2006
215 59-12-1502, as enacted by Chapter 282, Laws of Utah 2003
216 59-12-1503, as last amended by Chapter 253, Laws of Utah 2006
217 59-12-1703, as enacted by Chapter 1, Laws of Utah 2006, Fourth Special Session
218 63-2-103, as last amended by Chapters 2, 261 and 300, Laws of Utah 2006
219 63-6-1 (Effective 07/01/07), as last amended by Chapter 357, Laws of Utah 2006
220 63-30d-102, as enacted by Chapter 267, Laws of Utah 2004
221 63-30d-401, as enacted by Chapter 267, Laws of Utah 2004
222 63-38-3.3, as last amended by Chapter 66, Laws of Utah 2005
223 63-38d-102, as enacted by Chapter 16, Laws of Utah 2003
224 63-38d-601, as enacted by Chapter 298, Laws of Utah 2005
225 63-38f-2002, as enacted by Chapter 151, Laws of Utah 2005
226 63-51-2, as last amended by Chapter 12, Laws of Utah 1994
227 63-56-102, as renumbered and amended by Chapter 25, Laws of Utah 2005
228 63-56-201, as renumbered and amended by Chapter 25, Laws of Utah 2005
229 63-90a-1, as enacted by Chapter 91, Laws of Utah 1994
230 63-90b-102, as enacted by Chapter 99, Laws of Utah 2005
231 63-91-102, as last amended by Chapter 293, Laws of Utah 1996
232 63-93-102, as enacted by Chapter 256, Laws of Utah 1997
233 63-96-102, as enacted by Chapter 341, Laws of Utah 1998
234 63A-9-401, as last amended by Chapter 34, Laws of Utah 2004
235 63C-7-103, as enacted by Chapter 136, Laws of Utah 1997
236 63D-2-102, as enacted by Chapter 175, Laws of Utah 2004
237 63E-1-102, as last amended by Chapter 46, Laws of Utah 2006
238 63F-1-507, as last amended by Chapter 359, Laws of Utah 2006
239 67-1a-6.5, as last amended by Chapter 359, Laws of Utah 2006
240 67-3-1, as last amended by Chapter 71, Laws of Utah 2005
241 67-11-2, as last amended by Chapter 92, Laws of Utah 1987
242 67-21-2, as last amended by Chapter 189, Laws of Utah 1989
243 71-8-1, as last amended by Chapter 134, Laws of Utah 2000
244 71-10-1, as last amended by Chapter 134, Laws of Utah 2000

245 72-1-208, as renumbered and amended by Chapter 270, Laws of Utah 1998
246 72-1-303, as last amended by Chapter 336, Laws of Utah 2004
247 72-2-201, as renumbered and amended by Chapter 270, Laws of Utah 1998
248 72-10-601, as enacted by Chapter 137, Laws of Utah 2006
249 73-1-4, as last amended by Chapter 99, Laws of Utah 2003
250 73-2-1, as last amended by Chapter 165, Laws of Utah 2005
251 73-5-15, as enacted by Chapter 193, Laws of Utah 2006
252 73-10-1, as last amended by Chapter 10, Laws of Utah 1997
253 73-10-21, as last amended by Chapter 30, Laws of Utah 1992
254 73-10-32, as last amended by Chapter 43, Laws of Utah 2004
255 76-10-1503, as last amended by Chapter 151, Laws of Utah 1998
256 78-27-63, as last amended by Chapter 304, Laws of Utah 2006
257 ENACTS:
258 11-42-101, Utah Code Annotated 1953
259 11-42-102, Utah Code Annotated 1953
260 11-42-103, Utah Code Annotated 1953
261 11-42-104, Utah Code Annotated 1953
262 11-42-105, Utah Code Annotated 1953
263 11-42-106, Utah Code Annotated 1953
264 11-42-107, Utah Code Annotated 1953
265 11-42-108, Utah Code Annotated 1953
266 11-42-109, Utah Code Annotated 1953
267 11-42-201, Utah Code Annotated 1953
268 11-42-202, Utah Code Annotated 1953
269 11-42-203, Utah Code Annotated 1953
270 11-42-204, Utah Code Annotated 1953
271 11-42-205, Utah Code Annotated 1953
272 11-42-206, Utah Code Annotated 1953
273 11-42-301, Utah Code Annotated 1953
274 11-42-302, Utah Code Annotated 1953
275 11-42-401, Utah Code Annotated 1953

276 11-42-402, Utah Code Annotated 1953
277 11-42-403, Utah Code Annotated 1953
278 11-42-404, Utah Code Annotated 1953
279 11-42-405, Utah Code Annotated 1953
280 11-42-406, Utah Code Annotated 1953
281 11-42-407, Utah Code Annotated 1953
282 11-42-408, Utah Code Annotated 1953
283 11-42-409, Utah Code Annotated 1953
284 11-42-410, Utah Code Annotated 1953
285 11-42-411, Utah Code Annotated 1953
286 11-42-412, Utah Code Annotated 1953
287 11-42-413, Utah Code Annotated 1953
288 11-42-414, Utah Code Annotated 1953
289 11-42-415, Utah Code Annotated 1953
290 11-42-416, Utah Code Annotated 1953
291 11-42-501, Utah Code Annotated 1953
292 11-42-502, Utah Code Annotated 1953
293 11-42-503, Utah Code Annotated 1953
294 11-42-504, Utah Code Annotated 1953
295 11-42-505, Utah Code Annotated 1953
296 11-42-506, Utah Code Annotated 1953
297 11-42-507, Utah Code Annotated 1953
298 11-42-601, Utah Code Annotated 1953
299 11-42-602, Utah Code Annotated 1953
300 11-42-603, Utah Code Annotated 1953
301 11-42-604, Utah Code Annotated 1953
302 11-42-605, Utah Code Annotated 1953
303 11-42-606, Utah Code Annotated 1953
304 11-42-607, Utah Code Annotated 1953
305 11-42-608, Utah Code Annotated 1953
306 11-42-701, Utah Code Annotated 1953

307 11-42-702, Utah Code Annotated 1953
308 11-42-703, Utah Code Annotated 1953
309 11-42-704, Utah Code Annotated 1953
310 11-42-705, Utah Code Annotated 1953
311 11-42-706, Utah Code Annotated 1953
312 17B-1-101, Utah Code Annotated 1953
313 17B-1-103, Utah Code Annotated 1953
314 17B-1-112, Utah Code Annotated 1953
315 17B-1-114, Utah Code Annotated 1953
316 17B-1-115, Utah Code Annotated 1953
317 17B-1-116, Utah Code Annotated 1953
318 17B-1-117, Utah Code Annotated 1953
319 17B-1-308, Utah Code Annotated 1953
320 17B-1-313, Utah Code Annotated 1953
321 17B-1-501, Utah Code Annotated 1953
322 17B-1-623, Utah Code Annotated 1953
323 17B-1-901, Utah Code Annotated 1953
324 17B-1-1001, Utah Code Annotated 1953
325 17B-1-1002, Utah Code Annotated 1953
326 17B-1-1101, Utah Code Annotated 1953
327 17B-1-1102, Utah Code Annotated 1953
328 17B-1-1103, Utah Code Annotated 1953
329 17B-1-1104, Utah Code Annotated 1953
330 17B-1-1105, Utah Code Annotated 1953
331 17B-1-1106, Utah Code Annotated 1953
332 17B-1-1107, Utah Code Annotated 1953
333 17B-1-1201, Utah Code Annotated 1953
334 17B-1-1202, Utah Code Annotated 1953
335 17B-1-1203, Utah Code Annotated 1953
336 17B-1-1204, Utah Code Annotated 1953
337 17B-1-1205, Utah Code Annotated 1953

338 17B-1-1206, Utah Code Annotated 1953
339 17B-1-1207, Utah Code Annotated 1953
340 17B-1-1401, Utah Code Annotated 1953
341 17B-1-1402, Utah Code Annotated 1953
342 17B-2a-101, Utah Code Annotated 1953
343 17B-2a-102, Utah Code Annotated 1953
344 17B-2a-103, Utah Code Annotated 1953
345 17B-2a-104, Utah Code Annotated 1953
346 17B-2a-105, Utah Code Annotated 1953
347 17B-2a-106, Utah Code Annotated 1953
348 17B-2a-107, Utah Code Annotated 1953
349 17B-2a-201, Utah Code Annotated 1953
350 17B-2a-202, Utah Code Annotated 1953
351 17B-2a-203, Utah Code Annotated 1953
352 17B-2a-204, Utah Code Annotated 1953
353 17B-2a-205, Utah Code Annotated 1953
354 17B-2a-206, Utah Code Annotated 1953
355 17B-2a-207, Utah Code Annotated 1953
356 17B-2a-208, Utah Code Annotated 1953
357 17B-2a-209, Utah Code Annotated 1953
358 17B-2a-210, Utah Code Annotated 1953
359 17B-2a-211, Utah Code Annotated 1953
360 17B-2a-301, Utah Code Annotated 1953
361 17B-2a-302, Utah Code Annotated 1953
362 17B-2a-303, Utah Code Annotated 1953
363 17B-2a-304, Utah Code Annotated 1953
364 17B-2a-305, Utah Code Annotated 1953
365 17B-2a-306, Utah Code Annotated 1953
366 17B-2a-401, Utah Code Annotated 1953
367 17B-2a-402, Utah Code Annotated 1953
368 17B-2a-404, Utah Code Annotated 1953

369 17B-2a-405, Utah Code Annotated 1953
370 17B-2a-501, Utah Code Annotated 1953
371 17B-2a-502, Utah Code Annotated 1953
372 17B-2a-503, Utah Code Annotated 1953
373 17B-2a-504, Utah Code Annotated 1953
374 17B-2a-505, Utah Code Annotated 1953
375 17B-2a-506, Utah Code Annotated 1953
376 17B-2a-507, Utah Code Annotated 1953
377 17B-2a-508, Utah Code Annotated 1953
378 17B-2a-509, Utah Code Annotated 1953
379 17B-2a-510, Utah Code Annotated 1953
380 17B-2a-511, Utah Code Annotated 1953
381 17B-2a-512, Utah Code Annotated 1953
382 17B-2a-513, Utah Code Annotated 1953
383 17B-2a-514, Utah Code Annotated 1953
384 17B-2a-515, Utah Code Annotated 1953
385 17B-2a-516, Utah Code Annotated 1953
386 17B-2a-601, Utah Code Annotated 1953
387 17B-2a-602, Utah Code Annotated 1953
388 17B-2a-603, Utah Code Annotated 1953
389 17B-2a-604, Utah Code Annotated 1953
390 17B-2a-605, Utah Code Annotated 1953
391 17B-2a-606, Utah Code Annotated 1953
392 17B-2a-607, Utah Code Annotated 1953
393 17B-2a-701, Utah Code Annotated 1953
394 17B-2a-702, Utah Code Annotated 1953
395 17B-2a-703, Utah Code Annotated 1953
396 17B-2a-704, Utah Code Annotated 1953
397 17B-2a-801, Utah Code Annotated 1953
398 17B-2a-802, Utah Code Annotated 1953
399 17B-2a-803, Utah Code Annotated 1953

400 17B-2a-804, Utah Code Annotated 1953
401 17B-2a-805, Utah Code Annotated 1953
402 17B-2a-806, Utah Code Annotated 1953
403 17B-2a-808, Utah Code Annotated 1953
404 17B-2a-810, Utah Code Annotated 1953
405 17B-2a-811, Utah Code Annotated 1953
406 17B-2a-812, Utah Code Annotated 1953
407 17B-2a-813, Utah Code Annotated 1953
408 17B-2a-815, Utah Code Annotated 1953
409 17B-2a-816, Utah Code Annotated 1953
410 17B-2a-817, Utah Code Annotated 1953
411 17B-2a-818, Utah Code Annotated 1953
412 17B-2a-819, Utah Code Annotated 1953
413 17B-2a-820, Utah Code Annotated 1953
414 17B-2a-824, Utah Code Annotated 1953
415 17B-2a-901, Utah Code Annotated 1953
416 17B-2a-902, Utah Code Annotated 1953
417 17B-2a-903, Utah Code Annotated 1953
418 17B-2a-904, Utah Code Annotated 1953
419 17B-2a-905, Utah Code Annotated 1953
420 17B-2a-906, Utah Code Annotated 1953
421 17B-2a-1001, Utah Code Annotated 1953
422 17B-2a-1002, Utah Code Annotated 1953
423 17B-2a-1003, Utah Code Annotated 1953
424 17B-2a-1004, Utah Code Annotated 1953
425 17B-2a-1006, Utah Code Annotated 1953
426 17B-2a-1007, Utah Code Annotated 1953
427 17B-2a-1008, Utah Code Annotated 1953
428 RENUMBERS AND AMENDS:
429 17B-1-102, (Renumbered from 17B-2-101, as last amended by Chapter 90, Laws of
430 Utah 2001)

431 17B-1-104, (Renumbered from 17B-2-102, as enacted by Chapter 90, Laws of Utah
432 2001)
433 17B-1-105, (Renumbered from 17A-1-204, as last amended by Chapter 183, Laws of
434 Utah 2001)
435 17B-1-106, (Renumbered from 17B-2-104, as last amended by Chapter 169, Laws of
436 Utah 2005)
437 17B-1-107, (Renumbered from 17A-1-701, as enacted by Chapter 44, Laws of Utah
438 1994)
439 17B-1-108, (Renumbered from 17A-1-802, as enacted by Chapter 21, Laws of Utah
440 2000)
441 17B-1-109, (Renumbered from 17A-1-202, as last amended by Chapter 200, Laws of
442 Utah 1995)
443 17B-1-110, (Renumbered from 17A-1-201, as enacted by Chapter 273, Laws of Utah
444 1991)
445 17B-1-111, (Renumbered from 17A-1-203, as enacted by Chapter 11, Laws of Utah
446 1995, First Special Session)
447 17B-1-113, (Renumbered from 17A-1-504, as enacted by Chapter 221, Laws of Utah
448 1998)
449 17B-1-201, (Renumbered from 17B-2-201, as last amended by Chapter 90, Laws of
450 Utah 2001)
451 17B-1-202, (Renumbered from 17B-2-202, as last amended by Chapter 257, Laws of
452 Utah 2003)
453 17B-1-203, (Renumbered from 17B-2-203, as last amended by Chapter 254, Laws of
454 Utah 2000)
455 17B-1-204, (Renumbered from 17B-2-204, as enacted by Chapter 368, Laws of Utah
456 1998)
457 17B-1-205, (Renumbered from 17B-2-205, as enacted by Chapter 368, Laws of Utah
458 1998)
459 17B-1-206, (Renumbered from 17B-2-206, as enacted by Chapter 368, Laws of Utah
460 1998)
461 17B-1-207, (Renumbered from 17B-2-207, as enacted by Chapter 368, Laws of Utah

462 1998)
463 17B-1-208, (Renumbered from 17B-2-208, as last amended by Chapter 254, Laws of
464 Utah 2000)
465 17B-1-209, (Renumbered from 17B-2-209, as enacted by Chapter 368, Laws of Utah
466 1998)
467 17B-1-210, (Renumbered from 17B-2-210, as enacted by Chapter 368, Laws of Utah
468 1998)
469 17B-1-211, (Renumbered from 17B-2-211, as enacted by Chapter 368, Laws of Utah
470 1998)
471 17B-1-212, (Renumbered from 17B-2-212, as enacted by Chapter 368, Laws of Utah
472 1998)
473 17B-1-213, (Renumbered from 17B-2-213, as last amended by Chapter 257, Laws of
474 Utah 2003)
475 17B-1-214, (Renumbered from 17B-2-214, as last amended by Chapter 6, Laws of Utah
476 2003, Second Special Session)
477 17B-1-215, (Renumbered from 17B-2-215, as last amended by Chapter 233, Laws of
478 Utah 2005)
479 17B-1-216, (Renumbered from 17B-2-216, as last amended by Chapter 233, Laws of
480 Utah 2005)
481 17B-1-217, (Renumbered from 17A-2-103, as last amended by Chapter 83, Laws of
482 Utah 2006)
483 17B-1-301, (Renumbered from 17B-2-401, as enacted by Chapter 254, Laws of Utah
484 2000)
485 17B-1-302, (Renumbered from 17B-2-402, as enacted by Chapter 254, Laws of Utah
486 2000)
487 17B-1-303, (Renumbered from 17B-2-403, as enacted by Chapter 254, Laws of Utah
488 2000)
489 17B-1-304, (Renumbered from 17A-1-303, as last amended by Chapter 14, Laws of
490 Utah 2006)
491 17B-1-305, (Renumbered from 17A-1-304, as last amended by Chapter 241, Laws of
492 Utah 2000)

493 17B-1-306, (Renumbered from 17A-1-305, as last amended by Chapters 81 and 241,
494 Laws of Utah 2000)
495 17B-1-307, (Renumbered from 17B-2-404, as enacted by Chapter 254, Laws of Utah
496 2000)
497 17B-1-309, (Renumbered from 17B-2-405, as enacted by Chapter 254, Laws of Utah
498 2000)
499 17B-1-310, (Renumbered from 17B-2-406, as last amended by Chapter 14, Laws of
500 Utah 2006)
501 17B-1-311, (Renumbered from 17A-1-306, as enacted by Chapter 273, Laws of Utah
502 1991)
503 17B-1-312, (Renumbered from 17A-2-102, as enacted by Chapter 154, Laws of Utah
504 1999)
505 17B-1-401, (Renumbered from 17B-2-501, as enacted by Chapter 90, Laws of Utah
506 2001)
507 17B-1-402, (Renumbered from 17B-2-502, as last amended by Chapter 257, Laws of
508 Utah 2003)
509 17B-1-403, (Renumbered from 17B-2-503, as last amended by Chapter 158, Laws of
510 Utah 2004)
511 17B-1-404, (Renumbered from 17B-2-504, as enacted by Chapter 90, Laws of Utah
512 2001)
513 17B-1-405, (Renumbered from 17B-2-505, as enacted by Chapter 90, Laws of Utah
514 2001)
515 17B-1-406, (Renumbered from 17B-2-506, as enacted by Chapter 90, Laws of Utah
516 2001)
517 17B-1-407, (Renumbered from 17B-2-507, as enacted by Chapter 90, Laws of Utah
518 2001)
519 17B-1-408, (Renumbered from 17B-2-508, as enacted by Chapter 90, Laws of Utah
520 2001)
521 17B-1-409, (Renumbered from 17B-2-509, as enacted by Chapter 90, Laws of Utah
522 2001)
523 17B-1-410, (Renumbered from 17B-2-510, as last amended by Chapter 89, Laws of

524 Utah 2003)
525 17B-1-411, (Renumbered from 17B-2-511, as enacted by Chapter 90, Laws of Utah
526 2001)
527 17B-1-412, (Renumbered from 17B-2-512, as last amended by Chapters 89 and 170,
528 Laws of Utah 2003)
529 17B-1-413, (Renumbered from 17B-2-513, as enacted by Chapter 90, Laws of Utah
530 2001)
531 17B-1-414, (Renumbered from 17B-2-514, as last amended by Chapter 233, Laws of
532 Utah 2005)
533 17B-1-415, (Renumbered from 17B-2-515, as last amended by Chapter 170, Laws of
534 Utah 2003)
535 17B-1-416, (Renumbered from 17B-2-515.5, as last amended by Chapters 71 and 233,
536 Laws of Utah 2005)
537 17B-1-417, (Renumbered from 17B-2-516, as last amended by Chapter 233, Laws of
538 Utah 2005)
539 17B-1-418, (Renumbered from 17B-2-517, as enacted by Chapter 90, Laws of Utah
540 2001)
541 17B-1-502, (Renumbered from 17B-2-601, as last amended by Chapters 36 and 233,
542 Laws of Utah 2005)
543 17B-1-503, (Renumbered from 17B-2-602, as enacted by Chapter 284, Laws of Utah
544 2002)
545 17B-1-504, (Renumbered from 17B-2-603, as last amended by Chapter 257, Laws of
546 Utah 2003)
547 17B-1-505, (Renumbered from 17B-2-603.5, as last amended by Chapter 233, Laws of
548 Utah 2005)
549 17B-1-506, (Renumbered from 17B-2-604, as last amended by Chapter 90, Laws of
550 Utah 2004)
551 17B-1-507, (Renumbered from 17B-2-605, as enacted by Chapter 284, Laws of Utah
552 2002)
553 17B-1-508, (Renumbered from 17B-2-606, as enacted by Chapter 284, Laws of Utah
554 2002)

555 17B-1-509, (Renumbered from 17B-2-607, as enacted by Chapter 284, Laws of Utah
556 2002)
557 17B-1-510, (Renumbered from 17B-2-608, as last amended by Chapter 105, Laws of
558 Utah 2005)
559 17B-1-511, (Renumbered from 17B-2-609, as enacted by Chapter 284, Laws of Utah
560 2002)
561 17B-1-512, (Renumbered from 17B-2-610, as last amended by Chapters 36 and 233,
562 Laws of Utah 2005)
563 17B-1-513, (Renumbered from 17B-2-611, as enacted by Chapter 284, Laws of Utah
564 2002)
565 17B-1-601, (Renumbered from 17A-1-404, as renumbered and amended by Chapter
566 186, Laws of Utah 1990)
567 17B-1-602, (Renumbered from 17A-1-405, as renumbered and amended by Chapter
568 186, Laws of Utah 1990)
569 17B-1-603, (Renumbered from 17A-1-406, as renumbered and amended by Chapter
570 186, Laws of Utah 1990)
571 17B-1-604, (Renumbered from 17A-1-407, as renumbered and amended by Chapter
572 186, Laws of Utah 1990)
573 17B-1-605, (Renumbered from 17A-1-408, as renumbered and amended by Chapter
574 186, Laws of Utah 1990)
575 17B-1-606, (Renumbered from 17A-1-409, as renumbered and amended by Chapter
576 186, Laws of Utah 1990)
577 17B-1-607, (Renumbered from 17A-1-410, as renumbered and amended by Chapter
578 186, Laws of Utah 1990)
579 17B-1-608, (Renumbered from 17A-1-411, as last amended by Chapter 30, Laws of
580 Utah 1992)
581 17B-1-609, (Renumbered from 17A-1-412, as last amended by Chapter 145, Laws of
582 Utah 1997)
583 17B-1-610, (Renumbered from 17A-1-413, as renumbered and amended by Chapter
584 186, Laws of Utah 1990)
585 17B-1-611, (Renumbered from 17A-1-414, as renumbered and amended by Chapter

586 186, Laws of Utah 1990)
587 17B-1-612, (Renumbered from 17A-1-415, as last amended by Chapter 216, Laws of
588 Utah 1995)
589 17B-1-613, (Renumbered from 17A-1-416, as renumbered and amended by Chapter
590 186, Laws of Utah 1990)
591 17B-1-614, (Renumbered from 17A-1-417, as renumbered and amended by Chapter
592 186, Laws of Utah 1990)
593 17B-1-615, (Renumbered from 17A-1-418, as renumbered and amended by Chapter
594 186, Laws of Utah 1990)
595 17B-1-616, (Renumbered from 17A-1-419, as renumbered and amended by Chapter
596 186, Laws of Utah 1990)
597 17B-1-617, (Renumbered from 17A-1-420, as renumbered and amended by Chapter
598 186, Laws of Utah 1990)
599 17B-1-618, (Renumbered from 17A-1-421, as renumbered and amended by Chapter
600 186, Laws of Utah 1990)
601 17B-1-619, (Renumbered from 17A-1-422, as renumbered and amended by Chapter
602 186, Laws of Utah 1990)
603 17B-1-620, (Renumbered from 17A-1-423, as renumbered and amended by Chapter
604 186, Laws of Utah 1990)
605 17B-1-621, (Renumbered from 17A-1-424, as renumbered and amended by Chapter
606 186, Laws of Utah 1990)
607 17B-1-622, (Renumbered from 17A-1-425, as renumbered and amended by Chapter
608 186, Laws of Utah 1990)
609 17B-1-624, (Renumbered from 17A-1-427, as renumbered and amended by Chapter
610 186, Laws of Utah 1990)
611 17B-1-625, (Renumbered from 17A-1-428, as last amended by Chapter 30, Laws of
612 Utah 1992)
613 17B-1-626, (Renumbered from 17A-1-429, as renumbered and amended by Chapter
614 186, Laws of Utah 1990)
615 17B-1-627, (Renumbered from 17A-1-430, as renumbered and amended by Chapter
616 186, Laws of Utah 1990)

617 17B-1-628, (Renumbered from 17A-1-431, as renumbered and amended by Chapter
618 186, Laws of Utah 1990)
619 17B-1-629, (Renumbered from 17A-1-432, as last amended by Chapter 178, Laws of
620 Utah 2006)
621 17B-1-630, (Renumbered from 17A-1-433, as renumbered and amended by Chapter
622 186, Laws of Utah 1990)
623 17B-1-631, (Renumbered from 17A-1-434, as renumbered and amended by Chapter
624 186, Laws of Utah 1990)
625 17B-1-632, (Renumbered from 17A-1-436, as last amended by Chapter 200, Laws of
626 Utah 1995)
627 17B-1-633, (Renumbered from 17A-1-437, as last amended by Chapter 1, Laws of Utah
628 2000)
629 17B-1-634, (Renumbered from 17A-1-438, as renumbered and amended by Chapter
630 186, Laws of Utah 1990)
631 17B-1-635, (Renumbered from 17A-1-439, as last amended by Chapter 145, Laws of
632 Utah 1997)
633 17B-1-636, (Renumbered from 17A-1-440, as renumbered and amended by Chapter
634 186, Laws of Utah 1990)
635 17B-1-637, (Renumbered from 17A-1-441, as renumbered and amended by Chapter
636 186, Laws of Utah 1990)
637 17B-1-638, (Renumbered from 17A-1-442, as renumbered and amended by Chapter
638 186, Laws of Utah 1990)
639 17B-1-639, (Renumbered from 17A-1-443, as last amended by Chapter 257, Laws of
640 Utah 2006)
641 17B-1-640, (Renumbered from 17A-1-444, as last amended by Chapter 71, Laws of
642 Utah 2005)
643 17B-1-641, (Renumbered from 17A-1-445, as renumbered and amended by Chapter
644 186, Laws of Utah 1990)
645 17B-1-642, (Renumbered from 17A-1-447, as last amended by Chapter 145, Laws of
646 Utah 1997)
647 17B-1-643, (Renumbered from 17A-1-448, as last amended by Chapter 14, Laws of

648 Utah 2006)
649 17B-1-644, (Renumbered from 17A-2-105, as enacted by Chapter 29, Laws of Utah
650 2005)
651 17B-1-701, (Renumbered from 17A-1-501, as last amended by Chapter 71, Laws of
652 Utah 2005)
653 17B-1-702, (Renumbered from 17A-1-502, as last amended by Chapter 295, Laws of
654 Utah 2004)
655 17B-1-703, (Renumbered from 17A-1-503, as last amended by Chapter 295, Laws of
656 Utah 2004)
657 17B-1-801, (Renumbered from 17A-1-601, as last amended by Chapter 4, Laws of Utah
658 1993)
659 17B-1-802, (Renumbered from 17A-1-602, as enacted by Chapter 22, Laws of Utah
660 1992)
661 17B-1-803, (Renumbered from 17A-1-603, as enacted by Chapter 22, Laws of Utah
662 1992)
663 17B-1-804, (Renumbered from 17A-1-604, as enacted by Chapter 284, Laws of Utah
664 2003)
665 17B-1-902, (Renumbered from 17B-2-803, as enacted by Chapter 316, Laws of Utah
666 2004)
667 17B-1-903, (Renumbered from 17B-2-802, as enacted by Chapter 316, Laws of Utah
668 2004)
669 17B-1-904, (Renumbered from 17B-2-801, as enacted by Chapter 316, Laws of Utah
670 2004)
671 17B-1-1301, (Renumbered from 17B-2-701, as enacted by Chapter 90, Laws of Utah
672 2001)
673 17B-1-1302, (Renumbered from 17B-2-702, as enacted by Chapter 90, Laws of Utah
674 2001)
675 17B-1-1303, (Renumbered from 17B-2-703, as enacted by Chapter 90, Laws of Utah
676 2001)
677 17B-1-1304, (Renumbered from 17B-2-704, as enacted by Chapter 90, Laws of Utah
678 2001)

679 17B-1-1305, (Renumbered from 17B-2-705, as enacted by Chapter 90, Laws of Utah
680 2001)
681 17B-1-1306, (Renumbered from 17B-2-706, as enacted by Chapter 90, Laws of Utah
682 2001)
683 17B-1-1307, (Renumbered from 17B-2-707, as enacted by Chapter 90, Laws of Utah
684 2001)
685 17B-1-1308, (Renumbered from 17B-2-708, as last amended by Chapter 233, Laws of
686 Utah 2005)
687 17B-2a-403, (Renumbered from 17A-2-301, as last amended by Chapter 284, Laws of
688 Utah 2002)
689 17B-2a-406, (Renumbered from 17A-2-302, as renumbered and amended by Chapter
690 186, Laws of Utah 1990)
691 17B-2a-705, (Renumbered from 17A-2-910, as last amended by Chapter 227, Laws of
692 Utah 1993)
693 17B-2a-807, (Renumbered from 17A-2-1038, as last amended by Chapters 295 and
694 336, Laws of Utah 2004)
695 17B-2a-809, (Renumbered from 17A-2-1060.1, as enacted by Chapter 295, Laws of
696 Utah 2004)
697 17B-2a-814, (Renumbered from 17A-2-1050, as last amended by Chapter 254, Laws of
698 Utah 2000)
699 17B-2a-821, (Renumbered from 17A-2-1061, as enacted by Chapter 151, Laws of Utah
700 1998)
701 17B-2a-822, (Renumbered from 17A-2-1062, as last amended by Chapter 347, Laws of
702 Utah 2006)
703 17B-2a-823, (Renumbered from 17A-2-1063, as last amended by Chapter 295, Laws of
704 Utah 2004)
705 17B-2a-907, (Renumbered from 17A-2-413, as last amended by Chapter 90, Laws of
706 Utah 2001)
707 17B-2a-1005, (Renumbered from 17A-2-1409, as last amended by Chapter 71, Laws of
708 Utah 2005)
709 REPEALS:

710 17A-1-101, as enacted by Chapter 273, Laws of Utah 1991
711 17A-1-102, as last amended by Chapter 170, Laws of Utah 2003
712 17A-1-205, as enacted by Chapter 316, Laws of Utah 2004
713 17A-1-301, as last amended by Chapters 131 and 184, Laws of Utah 2003
714 17A-1-302, as repealed and reenacted by Chapter 1, Laws of Utah 1993
715 17A-1-401, as renumbered and amended by Chapter 186, Laws of Utah 1990
716 17A-1-402, as renumbered and amended by Chapter 186, Laws of Utah 1990
717 17A-1-403, as last amended by Chapter 359, Laws of Utah 2006
718 17A-1-426, as renumbered and amended by Chapter 186, Laws of Utah 1990
719 17A-1-446, as renumbered and amended by Chapter 186, Laws of Utah 1990
720 17A-1-801, as last amended by Chapter 25, Laws of Utah 2005
721 17A-2-101, as last amended by Chapter 90, Laws of Utah 2001
722 17A-2-101.3, as last amended by Chapter 284, Laws of Utah 2002
723 17A-2-104, as last amended by Chapter 169, Laws of Utah 2005
724 17A-2-201, as renumbered and amended by Chapter 186, Laws of Utah 1990
725 17A-2-208, as last amended by Chapter 254, Laws of Utah 2000
726 17A-2-210, as last amended by Chapter 254, Laws of Utah 2000
727 17A-2-216, as last amended by Chapter 227, Laws of Utah 1993
728 17A-2-217, as renumbered and amended by Chapter 186, Laws of Utah 1990
729 17A-2-219, as last amended by Chapters 1 and 254, Laws of Utah 2000
730 17A-2-221, as renumbered and amended by Chapter 186, Laws of Utah 1990
731 17A-2-222, as renumbered and amended by Chapter 186, Laws of Utah 1990
732 17A-2-223, as last amended by Chapter 83, Laws of Utah 2006
733 17A-2-226, as renumbered and amended by Chapter 186, Laws of Utah 1990
734 17A-2-305, as last amended by Chapter 254, Laws of Utah 2000
735 17A-2-306, as last amended by Chapter 105, Laws of Utah 2005
736 17A-2-307, as last amended by Chapter 105, Laws of Utah 2005
737 17A-2-308, as last amended by Chapter 254, Laws of Utah 2000
738 17A-2-309, as last amended by Chapter 105, Laws of Utah 2005
739 17A-2-310, as last amended by Chapter 316, Laws of Utah 2004
740 17A-2-312, as renumbered and amended by Chapter 186, Laws of Utah 1990

741 17A-2-313, as renumbered and amended by Chapter 186, Laws of Utah 1990
742 17A-2-315, as last amended by Chapter 83, Laws of Utah 2006
743 17A-2-317, as last amended by Chapter 83, Laws of Utah 2006
744 17A-2-318, as renumbered and amended by Chapter 186, Laws of Utah 1990
745 17A-2-319, as renumbered and amended by Chapter 186, Laws of Utah 1990
746 17A-2-320, as last amended by Chapter 273, Laws of Utah 1991
747 17A-2-322, as last amended by Chapter 227, Laws of Utah 1993
748 17A-2-323, as renumbered and amended by Chapter 186, Laws of Utah 1990
749 17A-2-325, as last amended by Chapter 71, Laws of Utah 2005
750 17A-2-327, as renumbered and amended by Chapter 186, Laws of Utah 1990
751 17A-2-328, as last amended by Chapter 25, Laws of Utah 2005
752 17A-2-329, as renumbered and amended by Chapter 186, Laws of Utah 1990
753 17A-2-401, as renumbered and amended by Chapter 186, Laws of Utah 1990
754 17A-2-402, as last amended by Chapter 368, Laws of Utah 1998
755 17A-2-405, as last amended by Chapter 131, Laws of Utah 2003
756 17A-2-411, as last amended by Chapter 257, Laws of Utah 2003
757 17A-2-412, as last amended by Chapter 368, Laws of Utah 1998
758 17A-2-414, as last amended by Chapter 13, Laws of Utah 2005, First Special Session
759 17A-2-415, as renumbered and amended by Chapter 186, Laws of Utah 1990
760 17A-2-416, as last amended by Chapter 316, Laws of Utah 2004
761 17A-2-418, as last amended by Chapter 284, Laws of Utah 2002
762 17A-2-419, as renumbered and amended by Chapter 186, Laws of Utah 1990
763 17A-2-423, as last amended by Chapter 83, Laws of Utah 2006
764 17A-2-424, as last amended by Chapter 83, Laws of Utah 2006
765 17A-2-425, as renumbered and amended by Chapter 186, Laws of Utah 1990
766 17A-2-426, as last amended by Chapter 83, Laws of Utah 2006
767 17A-2-428, as last amended by Chapter 83, Laws of Utah 2006
768 17A-2-429, as repealed and reenacted by Chapter 83, Laws of Utah 2006
769 17A-2-431, as last amended by Chapter 83, Laws of Utah 2006
770 17A-2-502, as last amended by Chapter 368, Laws of Utah 1998
771 17A-2-506, as last amended by Chapter 254, Laws of Utah 2000

772 17A-2-509, as last amended by Chapter 254, Laws of Utah 2000
773 17A-2-511, as last amended by Chapter 254, Laws of Utah 2000
774 17A-2-512, as last amended by Chapter 254, Laws of Utah 2000
775 17A-2-514, as last amended by Chapter 254, Laws of Utah 2000
776 17A-2-522, as last amended by Chapter 39, Laws of Utah 2005
777 17A-2-524, as renumbered and amended by Chapter 186, Laws of Utah 1990
778 17A-2-525, as renumbered and amended by Chapter 186, Laws of Utah 1990
779 17A-2-526, as last amended by Chapter 10, Laws of Utah 1997
780 17A-2-527, as renumbered and amended by Chapter 186, Laws of Utah 1990
781 17A-2-534, as last amended by Chapters 1 and 254, Laws of Utah 2000
782 17A-2-536, as last amended by Chapter 254, Laws of Utah 2000
783 17A-2-537, as last amended by Chapter 254, Laws of Utah 2000
784 17A-2-538, as renumbered and amended by Chapter 186, Laws of Utah 1990
785 17A-2-539, as renumbered and amended by Chapter 186, Laws of Utah 1990
786 17A-2-540, as last amended by Chapter 254, Laws of Utah 2000
787 17A-2-542, as renumbered and amended by Chapter 186, Laws of Utah 1990
788 17A-2-543, as last amended by Chapter 83, Laws of Utah 2006
789 17A-2-544, as last amended by Chapters 1 and 254, Laws of Utah 2000
790 17A-2-545, as last amended by Chapter 254, Laws of Utah 2000
791 17A-2-549, as last amended by Chapter 254, Laws of Utah 2000
792 17A-2-550, as last amended by Chapter 254, Laws of Utah 2000
793 17A-2-551, as last amended by Chapter 254, Laws of Utah 2000
794 17A-2-552, as last amended by Chapter 254, Laws of Utah 2000
795 17A-2-553, as last amended by Chapters 1 and 254, Laws of Utah 2000
796 17A-2-554, as renumbered and amended by Chapter 186, Laws of Utah 1990
797 17A-2-555, as last amended by Chapter 254, Laws of Utah 2000
798 17A-2-556, as last amended by Chapter 9, Laws of Utah 2001
799 17A-2-557, as renumbered and amended by Chapter 186, Laws of Utah 1990
800 17A-2-559, as renumbered and amended by Chapter 186, Laws of Utah 1990
801 17A-2-560, as last amended by Chapter 254, Laws of Utah 2000
802 17A-2-601, as last amended by Chapter 368, Laws of Utah 1998

803 17A-2-607, as last amended by Chapter 368, Laws of Utah 1998
804 17A-2-609, as last amended by Chapter 254, Laws of Utah 2000
805 17A-2-610, as last amended by Chapter 254, Laws of Utah 2000
806 17A-2-611, as renumbered and amended by Chapter 186, Laws of Utah 1990
807 17A-2-612, as repealed and reenacted by Chapter 273, Laws of Utah 1991
808 17A-2-613, as last amended by Chapter 254, Laws of Utah 2000
809 17A-2-615, as last amended by Chapter 254, Laws of Utah 2000
810 17A-2-616, as renumbered and amended by Chapter 186, Laws of Utah 1990
811 17A-2-617, as last amended by Chapter 254, Laws of Utah 2000
812 17A-2-618, as last amended by Chapter 254, Laws of Utah 2000
813 17A-2-619, as last amended by Chapter 254, Laws of Utah 2000
814 17A-2-620, as renumbered and amended by Chapter 186, Laws of Utah 1990
815 17A-2-621, as renumbered and amended by Chapter 186, Laws of Utah 1990
816 17A-2-622, as last amended by Chapter 105, Laws of Utah 2005
817 17A-2-623, as renumbered and amended by Chapter 186, Laws of Utah 1990
818 17A-2-701.1, as enacted by Chapter 285, Laws of Utah 2002
819 17A-2-701.2, as enacted by Chapter 285, Laws of Utah 2002
820 17A-2-701.5, as enacted by Chapter 285, Laws of Utah 2002
821 17A-2-706, as last amended by Chapter 90, Laws of Utah 2001
822 17A-2-707, as last amended by Chapter 254, Laws of Utah 2000
823 17A-2-711, as last amended by Chapter 285, Laws of Utah 2002
824 17A-2-712, as last amended by Chapter 105, Laws of Utah 2005
825 17A-2-713, as renumbered and amended by Chapter 186, Laws of Utah 1990
826 17A-2-717.5, as enacted by Chapter 285, Laws of Utah 2002
827 17A-2-718, as last amended by Chapter 285, Laws of Utah 2002
828 17A-2-719.5, as enacted by Chapter 285, Laws of Utah 2002
829 17A-2-721, as last amended by Chapter 285, Laws of Utah 2002
830 17A-2-722, as last amended by Chapter 285, Laws of Utah 2002
831 17A-2-724, as last amended by Chapter 285, Laws of Utah 2002
832 17A-2-726, as last amended by Chapter 285, Laws of Utah 2002
833 17A-2-728, as last amended by Chapter 254, Laws of Utah 2000

834 17A-2-729, as renumbered and amended by Chapter 186, Laws of Utah 1990
835 17A-2-730, as last amended by Chapter 90, Laws of Utah 2001
836 17A-2-738, as last amended by Chapter 90, Laws of Utah 2001
837 17A-2-739, as renumbered and amended by Chapter 186, Laws of Utah 1990
838 17A-2-749, as last amended by Chapter 90, Laws of Utah 2001
839 17A-2-750, as last amended by Chapter 254, Laws of Utah 2000
840 17A-2-751, as last amended by Chapter 90, Laws of Utah 2001
841 17A-2-752, as last amended by Chapter 90, Laws of Utah 2001
842 17A-2-753, as renumbered and amended by Chapter 186, Laws of Utah 1990
843 17A-2-754, as last amended by Chapter 285, Laws of Utah 2002
844 17A-2-755, as last amended by Chapter 285, Laws of Utah 2002
845 17A-2-756, as last amended by Chapter 285, Laws of Utah 2002
846 17A-2-757, as last amended by Chapter 254, Laws of Utah 2000
847 17A-2-758, as last amended by Chapter 90, Laws of Utah 2001
848 17A-2-759, as last amended by Chapter 90, Laws of Utah 2001
849 17A-2-760, as last amended by Chapter 254, Laws of Utah 2000
850 17A-2-761, as last amended by Chapter 285, Laws of Utah 2002
851 17A-2-762, as renumbered and amended by Chapter 186, Laws of Utah 1990
852 17A-2-763, as renumbered and amended by Chapter 186, Laws of Utah 1990
853 17A-2-764, as renumbered and amended by Chapter 186, Laws of Utah 1990
854 17A-2-765, as renumbered and amended by Chapter 186, Laws of Utah 1990
855 17A-2-766, as renumbered and amended by Chapter 186, Laws of Utah 1990
856 17A-2-767, as last amended by Chapter 254, Laws of Utah 2000
857 17A-2-801, as last amended by Chapter 90, Laws of Utah 2001
858 17A-2-802, as last amended by Chapter 254, Laws of Utah 2000
859 17A-2-803, as last amended by Chapter 90, Laws of Utah 2001
860 17A-2-810, as renumbered and amended by Chapter 186, Laws of Utah 1990
861 17A-2-818, as last amended by Chapter 39, Laws of Utah 2005
862 17A-2-819, as last amended by Chapter 70, Laws of Utah 2001
863 17A-2-820, as last amended by Chapter 254, Laws of Utah 2000
864 17A-2-821, as last amended by Chapter 105, Laws of Utah 2005

865 17A-2-823, as renumbered and amended by Chapter 186, Laws of Utah 1990
866 17A-2-824, as last amended by Chapter 105, Laws of Utah 2005
867 17A-2-826, as last amended by Chapter 105, Laws of Utah 2005
868 17A-2-827, as last amended by Chapter 254, Laws of Utah 2000
869 17A-2-828, as last amended by Chapter 254, Laws of Utah 2000
870 17A-2-829, as last amended by Chapter 254, Laws of Utah 2000
871 17A-2-830, as last amended by Chapter 254, Laws of Utah 2000
872 17A-2-831, as last amended by Chapter 254, Laws of Utah 2000
873 17A-2-833, as renumbered and amended by Chapter 186, Laws of Utah 1990
874 17A-2-834, as last amended by Chapter 254, Laws of Utah 2000
875 17A-2-835, as last amended by Chapter 254, Laws of Utah 2000
876 17A-2-836, as last amended by Chapter 254, Laws of Utah 2000
877 17A-2-837, as renumbered and amended by Chapter 186, Laws of Utah 1990
878 17A-2-838, as renumbered and amended by Chapter 186, Laws of Utah 1990
879 17A-2-839, as renumbered and amended by Chapter 186, Laws of Utah 1990
880 17A-2-840, as last amended by Chapter 254, Laws of Utah 2000
881 17A-2-843, as last amended by Chapter 254, Laws of Utah 2000
882 17A-2-845, as last amended by Chapter 254, Laws of Utah 2000
883 17A-2-846, as renumbered and amended by Chapter 186, Laws of Utah 1990
884 17A-2-847, as last amended by Chapter 254, Laws of Utah 2000
885 17A-2-848, as renumbered and amended by Chapter 186, Laws of Utah 1990
886 17A-2-849, as last amended by Chapter 254, Laws of Utah 2000
887 17A-2-850, as last amended by Chapter 254, Laws of Utah 2000
888 17A-2-851, as renumbered and amended by Chapter 186, Laws of Utah 1990
889 17A-2-901, as renumbered and amended by Chapter 186, Laws of Utah 1990
890 17A-2-906, as last amended by Chapter 368, Laws of Utah 1998
891 17A-2-907, as last amended by Chapter 254, Laws of Utah 2000
892 17A-2-908, as last amended by Chapter 83, Laws of Utah 2006
893 17A-2-909, as last amended by Chapter 227, Laws of Utah 1993
894 17A-2-911, as renumbered and amended by Chapter 186, Laws of Utah 1990
895 17A-2-914, as renumbered and amended by Chapter 186, Laws of Utah 1990

896 17A-2-1001, as renumbered and amended by Chapter 186, Laws of Utah 1990
897 17A-2-1002, as renumbered and amended by Chapter 186, Laws of Utah 1990
898 17A-2-1003, as renumbered and amended by Chapter 186, Laws of Utah 1990
899 17A-2-1004, as last amended by Chapters 151 and 217, Laws of Utah 1998
900 17A-2-1016, as last amended by Chapter 136, Laws of Utah 2005
901 17A-2-1017, as renumbered and amended by Chapter 186, Laws of Utah 1990
902 17A-2-1018, as renumbered and amended by Chapter 186, Laws of Utah 1990
903 17A-2-1019, as renumbered and amended by Chapter 186, Laws of Utah 1990
904 17A-2-1020, as renumbered and amended by Chapter 186, Laws of Utah 1990
905 17A-2-1021, as renumbered and amended by Chapter 186, Laws of Utah 1990
906 17A-2-1022, as renumbered and amended by Chapter 186, Laws of Utah 1990
907 17A-2-1023, as last amended by Chapter 1, Laws of Utah 2000
908 17A-2-1024, as last amended by Chapter 1, Laws of Utah 2000
909 17A-2-1025, as renumbered and amended by Chapter 186, Laws of Utah 1990
910 17A-2-1026, as renumbered and amended by Chapter 186, Laws of Utah 1990
911 17A-2-1027, as renumbered and amended by Chapter 186, Laws of Utah 1990
912 17A-2-1028, as renumbered and amended by Chapter 186, Laws of Utah 1990
913 17A-2-1029, as renumbered and amended by Chapter 186, Laws of Utah 1990
914 17A-2-1030, as last amended by Chapter 1, Laws of Utah 2000
915 17A-2-1031, as renumbered and amended by Chapter 186, Laws of Utah 1990
916 17A-2-1032, as renumbered and amended by Chapter 186, Laws of Utah 1990
917 17A-2-1033, as renumbered and amended by Chapter 186, Laws of Utah 1990
918 17A-2-1034, as renumbered and amended by Chapter 186, Laws of Utah 1990
919 17A-2-1035, as renumbered and amended by Chapter 186, Laws of Utah 1990
920 17A-2-1036, as last amended by Chapter 285, Laws of Utah 1992
921 17A-2-1037, as last amended by Chapter 105, Laws of Utah 2005
922 17A-2-1039, as last amended by Chapter 336, Laws of Utah 2004
923 17A-2-1040, as last amended by Chapter 254, Laws of Utah 2000
924 17A-2-1041, as renumbered and amended by Chapter 186, Laws of Utah 1990
925 17A-2-1042, as renumbered and amended by Chapter 186, Laws of Utah 1990
926 17A-2-1043, as renumbered and amended by Chapter 186, Laws of Utah 1990

927 17A-2-1044, as last amended by Chapter 254, Laws of Utah 2000
928 17A-2-1045, as renumbered and amended by Chapter 186, Laws of Utah 1990
929 17A-2-1046, as renumbered and amended by Chapter 186, Laws of Utah 1990
930 17A-2-1047, as renumbered and amended by Chapter 186, Laws of Utah 1990
931 17A-2-1048, as last amended by Chapter 90, Laws of Utah 2001
932 17A-2-1051, as last amended by Chapter 71, Laws of Utah 2005
933 17A-2-1052, as last amended by Chapter 254, Laws of Utah 2000
934 17A-2-1053, as renumbered and amended by Chapter 186, Laws of Utah 1990
935 17A-2-1054, as last amended by Chapter 254, Laws of Utah 2000
936 17A-2-1055, as renumbered and amended by Chapter 186, Laws of Utah 1990
937 17A-2-1056, as last amended by Chapter 102, Laws of Utah 2005
938 17A-2-1057, as renumbered and amended by Chapter 186, Laws of Utah 1990
939 17A-2-1058, as last amended by Chapter 105, Laws of Utah 2005
940 17A-2-1059, as last amended by Chapter 133, Laws of Utah 2000
941 17A-2-1060, as enacted by Chapter 131, Laws of Utah 1997
942 17A-2-1401, as renumbered and amended by Chapter 186, Laws of Utah 1990
943 17A-2-1402, as last amended by Chapter 254, Laws of Utah 2000
944 17A-2-1412, as last amended by Chapter 254, Laws of Utah 2000
945 17A-2-1413, as last amended by Chapter 9, Laws of Utah 2001
946 17A-2-1414, as last amended by Chapter 105, Laws of Utah 2005
947 17A-2-1415, as last amended by Chapter 234, Laws of Utah 1991
948 17A-2-1416, as renumbered and amended by Chapter 186, Laws of Utah 1990
949 17A-2-1417, as renumbered and amended by Chapter 186, Laws of Utah 1990
950 17A-2-1418, as renumbered and amended by Chapter 186, Laws of Utah 1990
951 17A-2-1419, as renumbered and amended by Chapter 186, Laws of Utah 1990
952 17A-2-1420, as last amended by Chapter 90, Laws of Utah 2001
953 17A-2-1421, as renumbered and amended by Chapter 186, Laws of Utah 1990
954 17A-2-1434, as renumbered and amended by Chapter 186, Laws of Utah 1990
955 17A-2-1801, as enacted by Chapter 216, Laws of Utah 1995
956 17A-2-1802, as last amended by Chapter 19, Laws of Utah 1998
957 17A-2-1803, as last amended by Chapter 1, Laws of Utah 2000

958 17A-2-1804, as enacted by Chapter 216, Laws of Utah 1995
959 17A-2-1805, as last amended by Chapter 1, Laws of Utah 2000
960 17A-2-1806, as enacted by Chapter 216, Laws of Utah 1995
961 17A-2-1807, as enacted by Chapter 216, Laws of Utah 1995
962 17A-2-1808, as last amended by Chapter 254, Laws of Utah 2000
963 17A-2-1821, as last amended by Chapter 90, Laws of Utah 2001
964 17A-2-1822, as enacted by Chapter 216, Laws of Utah 1995
965 17A-2-1823, as last amended by Chapter 105, Laws of Utah 2005
966 17A-2-1824, as enacted by Chapter 216, Laws of Utah 1995
967 17A-2-1826, as enacted by Chapter 216, Laws of Utah 1995
968 17A-2-1828, as last amended by Chapter 83, Laws of Utah 2006
969 17A-2-1829, as enacted by Chapter 216, Laws of Utah 1995
970 17A-2-1830, as last amended by Chapter 267, Laws of Utah 2004
971 17A-2-1831, as enacted by Chapter 216, Laws of Utah 1995
972 17A-2-1832, as enacted by Chapter 216, Laws of Utah 1995
973 17A-3-201, as renumbered and amended by Chapter 186, Laws of Utah 1990
974 17A-3-202, as renumbered and amended by Chapter 186, Laws of Utah 1990
975 17A-3-203, as last amended by Chapter 227, Laws of Utah 1993
976 17A-3-204, as last amended by Chapters 12 and 146, Laws of Utah 1994
977 17A-3-205, as renumbered and amended by Chapter 186 and last amended by Chapter
978 214, Laws of Utah 1990
979 17A-3-206, as renumbered and amended by Chapter 186, Laws of Utah 1990
980 17A-3-207, as last amended by Chapter 181, Laws of Utah 1991
981 17A-3-208, as last amended by Chapter 259, Laws of Utah 2003
982 17A-3-209, as last amended by Chapter 1, Laws of Utah 2000
983 17A-3-210, as last amended by Chapter 92, Laws of Utah 2002
984 17A-3-211, as renumbered and amended by Chapter 186, Laws of Utah 1990
985 17A-3-212, as renumbered and amended by Chapter 186, Laws of Utah 1990
986 17A-3-213, as renumbered and amended by Chapter 186, Laws of Utah 1990
987 17A-3-214, as renumbered and amended by Chapter 186, Laws of Utah 1990
988 17A-3-215, as renumbered and amended by Chapter 186, Laws of Utah 1990

989 17A-3-216, as renumbered and amended by Chapter 186, Laws of Utah 1990
990 17A-3-217, as renumbered and amended by Chapter 186, Laws of Utah 1990
991 17A-3-218, as last amended by Chapter 133, Laws of Utah 2000
992 17A-3-219, as renumbered and amended by Chapter 186, Laws of Utah 1990
993 17A-3-220, as last amended by Chapter 92, Laws of Utah 2002
994 17A-3-221, as renumbered and amended by Chapter 186, Laws of Utah 1990
995 17A-3-222, as renumbered and amended by Chapter 186 and last amended by Chapter
996 214, Laws of Utah 1990
997 17A-3-223, as renumbered and amended by Chapter 186, Laws of Utah 1990
998 17A-3-224, as renumbered and amended by Chapter 186, Laws of Utah 1990
999 17A-3-225, as last amended by Chapter 181, Laws of Utah 1995
1000 17A-3-226, as renumbered and amended by Chapter 186, Laws of Utah 1990
1001 17A-3-227, as last amended by Chapter 92, Laws of Utah 2002
1002 17A-3-228, as last amended by Chapter 92, Laws of Utah 2002
1003 17A-3-229, as renumbered and amended by Chapter 186, Laws of Utah 1990
1004 17A-3-230, as renumbered and amended by Chapter 186 and last amended by Chapter
1005 214, Laws of Utah 1990
1006 17A-3-231, as renumbered and amended by Chapter 186, Laws of Utah 1990
1007 17A-3-232, as last amended by Chapter 285, Laws of Utah 1992
1008 17A-3-233, as renumbered and amended by Chapter 186 and last amended by Chapter
1009 214, Laws of Utah 1990
1010 17A-3-234, as renumbered and amended by Chapter 186, Laws of Utah 1990
1011 17A-3-235, as renumbered and amended by Chapter 186 and last amended by Chapter
1012 214, Laws of Utah 1990
1013 17A-3-236, as renumbered and amended by Chapter 186, Laws of Utah 1990
1014 17A-3-237, as renumbered and amended by Chapter 186 and last amended by Chapter
1015 214, Laws of Utah 1990
1016 17A-3-238, as renumbered and amended by Chapter 186 and last amended by Chapter
1017 214, Laws of Utah 1990
1018 17A-3-239, as renumbered and amended by Chapter 186, Laws of Utah 1990
1019 17A-3-240, as renumbered and amended by Chapter 186, Laws of Utah 1990

1020 17A-3-241, as renumbered and amended by Chapter 186, Laws of Utah 1990
1021 17A-3-242, as renumbered and amended by Chapter 186, Laws of Utah 1990
1022 17A-3-243, as last amended by Chapter 30, Laws of Utah 1992
1023 17A-3-244, as renumbered and amended by Chapter 90, Laws of Utah 2001
1024 17A-3-301, as renumbered and amended by Chapter 186, Laws of Utah 1990
1025 17A-3-302, as renumbered and amended by Chapter 186, Laws of Utah 1990
1026 17A-3-303, as last amended by Chapter 1, Laws of Utah 2000
1027 17A-3-304, as last amended by Chapter 261, Laws of Utah 2003
1028 17A-3-305, as renumbered and amended by Chapter 186 and last amended by Chapter
1029 214, Laws of Utah 1990
1030 17A-3-306, as last amended by Chapter 292, Laws of Utah 2003
1031 17A-3-307, as last amended by Chapter 211, Laws of Utah 2003
1032 17A-3-308, as last amended by Chapter 86, Laws of Utah 2000
1033 17A-3-309, as last amended by Chapter 365, Laws of Utah 1999
1034 17A-3-310, as last amended by Chapter 92, Laws of Utah 2002
1035 17A-3-311, as renumbered and amended by Chapter 186, Laws of Utah 1990
1036 17A-3-312, as last amended by Chapter 47, Laws of Utah 1991
1037 17A-3-313, as last amended by Chapter 47, Laws of Utah 1991
1038 17A-3-314, as renumbered and amended by Chapter 186, Laws of Utah 1990
1039 17A-3-315, as renumbered and amended by Chapter 186, Laws of Utah 1990
1040 17A-3-316, as renumbered and amended by Chapter 186 and last amended by Chapter
1041 214, Laws of Utah 1990
1042 17A-3-317, as last amended by Chapter 292, Laws of Utah 2003
1043 17A-3-318, as renumbered and amended by Chapter 186 and last amended by Chapter
1044 214, Laws of Utah 1990
1045 17A-3-319, as renumbered and amended by Chapter 186, Laws of Utah 1990
1046 17A-3-320, as last amended by Chapter 92, Laws of Utah 2002
1047 17A-3-321, as renumbered and amended by Chapter 186, Laws of Utah 1990
1048 17A-3-322, as renumbered and amended by Chapter 186 and last amended by Chapter
1049 214, Laws of Utah 1990
1050 17A-3-323, as renumbered and amended by Chapter 186, Laws of Utah 1990

1051 17A-3-324, as renumbered and amended by Chapter 186, Laws of Utah 1990
1052 17A-3-325, as last amended by Chapter 181, Laws of Utah 1995
1053 17A-3-326, as last amended by Chapter 285, Laws of Utah 1992
1054 17A-3-327, as last amended by Chapter 285, Laws of Utah 1992
1055 17A-3-328, as last amended by Chapter 92, Laws of Utah 2002
1056 17A-3-329, as last amended by Chapter 92, Laws of Utah 2002
1057 17A-3-330, as renumbered and amended by Chapter 186, Laws of Utah 1990
1058 17A-3-331, as renumbered and amended by Chapter 186 and last amended by Chapter
1059 214, Laws of Utah 1990
1060 17A-3-332, as renumbered and amended by Chapter 186, Laws of Utah 1990
1061 17A-3-333, as renumbered and amended by Chapter 186 and last amended by Chapter
1062 214, Laws of Utah 1990
1063 17A-3-334, as last amended by Chapter 285, Laws of Utah 1992
1064 17A-3-335, as last amended by Chapter 285, Laws of Utah 1992
1065 17A-3-336, as renumbered and amended by Chapter 186, Laws of Utah 1990
1066 17A-3-337, as renumbered and amended by Chapter 186 and last amended by Chapter
1067 214, Laws of Utah 1990
1068 17A-3-338, as renumbered and amended by Chapter 186, Laws of Utah 1990
1069 17A-3-339, as renumbered and amended by Chapter 186 and last amended by Chapter
1070 214, Laws of Utah 1990
1071 17A-3-340, as renumbered and amended by Chapter 186 and last amended by Chapter
1072 214, Laws of Utah 1990
1073 17A-3-341, as renumbered and amended by Chapter 186, Laws of Utah 1990
1074 17A-3-342, as renumbered and amended by Chapter 186, Laws of Utah 1990
1075 17A-3-344, as renumbered and amended by Chapter 186, Laws of Utah 1990
1076 17A-3-345, as enacted by Chapter 214, Laws of Utah 1990
1077 17B-2-217, as last amended by Chapter 44, Laws of Utah 2005
1078 17B-2-804, as enacted by Chapter 316, Laws of Utah 2004
1079 17B-2-805, as enacted by Chapter 316, Laws of Utah 2004
1080 54-3-25, as enacted by Chapter 123, Laws of Utah 1990
1081

1082 Be it enacted by the Legislature of the state of Utah:
1083 Section 1. Section 8-5-5 is amended to read:
1084 8-5-5. Proceeds of resale of lots.
1085 The proceeds from the subsequent resale of any lot or parcel, title to which has been
1086 revested in the municipality or cemetery maintenance district under Section 8-5-2 or 8-5-6 , less
1087 the costs and expenses incurred in the proceeding, shall become part of the permanent care and
1088 improvement fund of the municipality or cemetery maintenance district, subject to subsequent
1089 disposition under Title 10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, Title 10,
1090 Chapter 6, Uniform Fiscal Procedures Act for Utah Cities, or Title [17A] 17B, Chapter 1, Part
1091 [4, Uniform] 6, Fiscal Procedures for [Special] Local Districts [Act].
1092 Section 2. Section 10-1-117 is amended to read:
1093 10-1-117. Amending articles of incorporation -- Lieutenant governor certification
1094 -- Effective date.
1095 (1) A municipality may amend its articles of incorporation by filing amended articles
1096 with the lieutenant governor.
1097 (2) The lieutenant governor may not certify amended articles of incorporation unless
1098 they have been:
1099 (a) approved by the municipal legislative body; and
1100 (b) signed and verified by the mayor of the municipality.
1101 (3) (a) Within ten days after receiving amended articles of incorporation that comply
1102 with Subsection (2), the lieutenant governor shall:
1103 (i) certify the amended articles; and
1104 (ii) deliver a copy of the certified articles to:
1105 (A) the legislative body of the municipality; and
1106 (B) the clerk of the county in which the municipality is located.
1107 (b) If the lieutenant governor receives amended articles of incorporation reflecting a
1108 municipal annexation or boundary adjustment under Chapter 2, Part 4, Annexation, that also
1109 causes an automatic annexation to a local district under Section [ 17B-2-515.5 ] 17B-1-416 or an
1110 automatic withdrawal from a local district under Subsection [ 17B-2-601 ] 17B-1-502 (2):
1111 (i) the lieutenant governor may not certify the municipality's amended articles or issue
1112 to the local district a certificate of annexation or withdrawal relating to the automatic

1113 annexation or withdrawal until the lieutenant governor receives both the municipality's
1114 amended articles of incorporation under Subsection 10-2-425 (1)(b) and the local district's
1115 notice of annexation under Subsection [ 17B-2-514 ] 17B-1-414 (2)(b) or notice of withdrawal
1116 under Subsection [ 17B-2-610 ] 17B-1-512 (1)(b);
1117 (ii) within ten days after receiving both the municipality's amended articles of
1118 incorporation and the local district's notice of annexation or withdrawal, the lieutenant
1119 governor shall:
1120 (A) simultaneously:
1121 (I) certify the amended articles; and
1122 (II) issue a certificate of annexation or withdrawal, as the case may be;
1123 (B) send a copy of the certified amended articles to the legislative body of the
1124 municipality;
1125 (C) send a certificate of annexation or withdrawal to the local district; and
1126 (D) send a copy of the certified amended articles and certificate of annexation or
1127 withdrawal to:
1128 (I) the State Tax Commission;
1129 (II) the Automated Geographic Reference Center created under Section 63F-1-506 ;
1130 (III) the state auditor; and
1131 (IV) the attorney, auditor, surveyor, and recorder of each county in which any part of
1132 the area included in the municipal annexation is located.
1133 (4) Upon certification by the lieutenant governor, the amended articles shall take effect.
1134 (5) The lieutenant governor:
1135 (a) shall furnish a certified copy of the amended articles of incorporation to any person
1136 who requests a certified copy; and
1137 (b) may charge a reasonable fee for the certified copy.
1138 Section 3. Section 10-2-101 is amended to read:
1139 10-2-101. Definitions.
1140 (1) As used in this part:
1141 (a) "Commission" means a boundary commission established under Section 10-2-409
1142 for the county in which the property that is proposed to be incorporated is located.
1143 (b) "Feasibility consultant" means a person or firm with expertise in the processes and

1144 economics of local government.
1145 (c) "Private," with respect to real property, means not owned by the United States or
1146 any agency of the federal government, the state, a county, a municipality, a school district, a
1147 [special] local district under Title [17A, Special Districts,] 17B, Limited Purpose Local
1148 Government Entities - Local Districts, a special service district under Title 17A, Chapter 2,
1149 Part 13, Utah Special Service District Act, or any other political subdivision or governmental
1150 entity of the state.
1151 (2) For purposes of this part:
1152 (a) the owner of real property shall be the record title owner according to the records of
1153 the county recorder on the date of the filing of the request or petition; and
1154 (b) the value of private real property shall be determined according to the last
1155 assessment roll for county taxes before the filing of the request or petition.
1156 (3) For purposes of each provision of this part that requires the owners of private real
1157 property covering a percentage or fraction of the total private land area within an area to sign a
1158 request or petition:
1159 (a) a parcel of real property may not be included in the calculation of the required
1160 percentage or fraction unless the request or petition is signed by:
1161 (i) except as provided in Subsection (3)(a)(ii), owners representing a majority
1162 ownership interest in that parcel; or
1163 (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
1164 of owners of that parcel;
1165 (b) the signature of a person signing a request or petition in a representative capacity on
1166 behalf of an owner is invalid unless:
1167 (i) the person's representative capacity and the name of the owner the person represents
1168 are indicated on the request or petition with the person's signature; and
1169 (ii) the person provides documentation accompanying the request or petition that
1170 substantiates the person's representative capacity; and
1171 (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
1172 request or petition on behalf of a deceased owner.
1173 Section 4. Section 10-2-106 is amended to read:
1174 10-2-106. Feasibility study -- Feasibility study consultant.

1175 (1) Within 60 days of receipt of a certified request under Subsection 10-2-105 (1)(b)(i),
1176 the county legislative body shall engage the feasibility consultant chosen under Subsection (2)
1177 to conduct a feasibility study.
1178 (2) The feasibility consultant shall be chosen by a majority vote of a selection
1179 committee consisting of:
1180 (a) a person designated by the county legislative body;
1181 (b) a person designated by the sponsors of the request for a feasibility study; and
1182 (c) a person designated by the governor.
1183 (3) The county legislative body shall require the feasibility consultant to:
1184 (a) complete the feasibility study and submit the written results to the county legislative
1185 body and the contact sponsor no later than 90 days after the feasibility consultant is engaged to
1186 conduct the study;
1187 (b) submit with the full written results of the feasibility study a summary of the results
1188 no longer than one page in length; and
1189 (c) attend the public hearings under Subsection 10-2-108 (1) and present the feasibility
1190 study results and respond to questions from the public at those hearings.
1191 (4) (a) The feasibility study shall consider:
1192 (i) the population and population density within the area proposed for incorporation
1193 and the surrounding area;
1194 (ii) the history, geography, geology, and topography of and natural boundaries within
1195 the area proposed to be incorporated and the surrounding area;
1196 (iii) whether the proposed boundaries eliminate or create an unincorporated island or
1197 peninsula;
1198 (iv) whether the proposed incorporation will hinder or prevent a future and more
1199 logical and beneficial incorporation or a future logical and beneficial annexation;
1200 (v) the fiscal impact on unincorporated areas, other municipalities, [special] local
1201 districts, special service districts, and other governmental entities in the county;
1202 (vi) current and five-year projections of demographics and economic base in the
1203 proposed city and surrounding area, including household size and income, commercial and
1204 industrial development, and public facilities;
1205 (vii) projected growth in the proposed city and in adjacent areas during the next five

1206 years;
1207 (viii) subject to Subsection (4)(c), the present and five-year projections of the cost,
1208 including overhead, of governmental services in the proposed city;
1209 (ix) the present and five-year projected revenue for the proposed city;
1210 (x) the projected impact the incorporation will have over the following five years on
1211 the amount of taxes that property owners within the proposed city and in the remaining
1212 unincorporated county will pay;
1213 (xi) past expansion in terms of population and construction in the proposed city and the
1214 surrounding area;
1215 (xii) the extension of the boundaries of other nearby municipalities during the past ten
1216 years, the willingness of those municipalities to annex the area proposed for incorporation, and
1217 the probability that those municipalities would annex territory within the area proposed for
1218 incorporation within the next five years except for the incorporation; and
1219 (xiii) whether the legislative body of the county in which the area proposed to be
1220 incorporated favors the incorporation proposal.
1221 (b) For purposes of Subsection (4)(a)(ix), the feasibility consultant shall assume ad
1222 valorem property tax rates on residential property within the proposed city at the same level at
1223 which they would have been without the incorporation.
1224 (c) For purposes of Subsection (4)(a)(viii):
1225 (i) the feasibility consultant shall assume a level and quality of governmental services
1226 to be provided to the proposed city in the future that fairly and reasonably approximate the
1227 level and quality of governmental services being provided to the proposed city at the time of
1228 the feasibility study;
1229 (ii) in determining the present cost of a governmental service, the feasibility consultant
1230 shall consider:
1231 (A) the amount it would cost the proposed city itself to provide the service after
1232 incorporation;
1233 (B) if the county is currently providing the service to the proposed city, the county's
1234 cost of providing the service; and
1235 (C) if the county is not currently providing the service to the proposed city, the amount
1236 the proposed city can reasonably expect to pay for the service under a contract for the service;

1237 and
1238 (iii) the five-year projected cost of a governmental service shall be based on the
1239 amount calculated under Subsection (4)(c)(ii), taking into account inflation and anticipated
1240 growth.
1241 (5) If the results of the feasibility study or revised feasibility study do not meet the
1242 requirements of Subsection 10-2-109 (3), the feasibility consultant shall, as part of the
1243 feasibility study or revised feasibility study and if requested by the sponsors of the request,
1244 make recommendations as to how the boundaries of the proposed city may be altered so that
1245 the requirements of Subsection 10-2-109 (3) may be met.
1246 (6) (a) For purposes of this Subsection (6), "pending" means that the process to
1247 incorporate an unincorporated area has been initiated by the filing of a request for feasibility
1248 study under Section 10-2-103 but that, as of the date this Subsection (6) becomes effective, a
1249 petition under Section 10-2-109 has not yet been filed.
1250 (b) The amendments to Subsection (4) that become effective upon the effective date of
1251 this Subsection (6):
1252 (i) apply to each pending proceeding proposing the incorporation of an unincorporated
1253 area; and
1254 (ii) do not apply to a municipal incorporation proceeding under this part in which a
1255 petition under Section 10-2-109 has been filed.
1256 (c) (i) If, in a pending incorporation proceeding, the feasibility consultant has, as of the
1257 effective date of this Subsection (6), already completed the feasibility study, the county
1258 legislative body shall, within 20 days after the effective date of this Subsection (6) and except
1259 as provided in Subsection (6)(c)(iii), engage the feasibility consultant to revise the feasibility
1260 study to take into account the amendments to Subsection (4) that became effective on the
1261 effective date of this Subsection (6).
1262 (ii) Except as provided in Subsection (6)(c)(iii), the county legislative body shall
1263 require the feasibility consultant to complete the revised feasibility study under Subsection
1264 (6)(c)(i) within 20 days after being engaged to do so.
1265 (iii) Notwithstanding Subsections (6)(c)(i) and (ii), a county legislative body is not
1266 required to engage the feasibility consultant to revise the feasibility study if, within 15 days
1267 after the effective date of this Subsection (6), the request sponsors file with the county clerk a

1268 written withdrawal of the request signed by all the request sponsors.
1269 (d) All provisions of this part that set forth the incorporation process following the
1270 completion of a feasibility study shall apply with equal force following the completion of a
1271 revised feasibility study under this Subsection (6), except that, if a petition under Section
1272 10-2-109 has already been filed based on the feasibility study that is revised under this
1273 Subsection (6):
1274 (i) the notice required by Section 10-2-108 for the revised feasibility study shall
1275 include a statement informing signers of the petition of their right to withdraw their signatures
1276 from the petition and of the process and deadline for withdrawing a signature from the petition;
1277 (ii) a signer of the petition may withdraw the signer's signature by filing with the
1278 county clerk a written withdrawal within 30 days after the final notice under Subsection
1279 10-2-108 (2) has been given with respect to the revised feasibility study; and
1280 (iii) unless withdrawn, a signature on the petition may be used toward fulfilling the
1281 signature requirements under Subsection 10-2-109 (2)(a) for a petition based on the revised
1282 feasibility study.
1283 Section 5. Section 10-2-401 is amended to read:
1284 10-2-401. Definitions -- Property owner provisions.
1285 (1) As used in this part:
1286 (a) "Affected entity" means:
1287 (i) a county in whose unincorporated area the area proposed for annexation is located;
1288 (ii) [an independent special] a local district under Title [17A, Chapter 2, Independent
1289 Special Districts] 17B, Limited Purpose Local Government Entities - Local Districts, whose
1290 boundaries include any part of an area proposed for annexation;
1291 (iii) a school district whose boundaries include any part of an area proposed for
1292 annexation; and
1293 (iv) a municipality whose boundaries are within 1/2 mile of an area proposed for
1294 annexation.
1295 (b) "Annexation petition" means a petition under Section 10-2-403 proposing the
1296 annexation to a municipality of a contiguous, unincorporated area that is contiguous to the
1297 municipality.
1298 (c) "Commission" means a boundary commission established under Section 10-2-409

1299 for the county in which the property that is proposed for annexation is located.
1300 (d) "Expansion area" means the unincorporated area that is identified in an annexation
1301 policy plan under Section 10-2-401.5 as the area that the municipality anticipates annexing in
1302 the future.
1303 (e) "Feasibility consultant" means a person or firm with expertise in the processes and
1304 economics of local government.
1305 (f) "Municipal selection committee" means a committee in each county composed of
1306 the mayor of each municipality within that county.
1307 (g) "Private," with respect to real property, means not owned by the United States or
1308 any agency of the federal government, the state, a county, a municipality, a school district, a
1309 [special] local district under Title [17A, Special Districts,] 17B, Limited Purpose Local
1310 Government Entities - Local Districts, a special service district under Title 17A, Chapter 2,
1311 Part 13, Utah Special Service District Act, or any other political subdivision or governmental
1312 entity of the state.
1313 (h) "Specified county" means a county of the second, third, fourth, fifth, or sixth class.
1314 (i) "Urban development" means:
1315 (i) a housing development with more than 15 residential units and an average density
1316 greater than one residential unit per acre; or
1317 (ii) a commercial or industrial development for which cost projections exceed
1318 $750,000 for all phases.
1319 (2) For purposes of this part:
1320 (a) the owner of real property shall be the record title owner according to the records of
1321 the county recorder on the date of the filing of the petition or protest; and
1322 (b) the value of private real property shall be determined according to the last
1323 assessment roll for county taxes before the filing of the petition or protest.
1324 (3) For purposes of each provision of this part that requires the owners of private real
1325 property covering a percentage or majority of the total private land area within an area to sign a
1326 petition or protest:
1327 (a) a parcel of real property may not be included in the calculation of the required
1328 percentage or majority unless the petition or protest is signed by:
1329 (i) except as provided in Subsection (3)(a)(ii), owners representing a majority

1330 ownership interest in that parcel; or
1331 (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
1332 of owners of that parcel;
1333 (b) the signature of a person signing a petition or protest in a representative capacity on
1334 behalf of an owner is invalid unless:
1335 (i) the person's representative capacity and the name of the owner the person represents
1336 are indicated on the petition or protest with the person's signature; and
1337 (ii) the person provides documentation accompanying the petition or protest that
1338 substantiates the person's representative capacity; and
1339 (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
1340 petition or protest on behalf of a deceased owner.
1341 Section 6. Section 10-2-403 is amended to read:
1342 10-2-403. Annexation petition -- Requirements -- Notice required before filing.
1343 (1) Except as provided in Section 10-2-418 , the process to annex an unincorporated
1344 area to a municipality is initiated by a petition as provided in this section.
1345 (2) (a) (i) Before filing a petition under Subsection (1) with respect to the proposed
1346 annexation of an area located in a county of the first class, the person or persons intending to
1347 file a petition shall:
1348 (A) file with the city recorder or town clerk of the proposed annexing municipality a
1349 notice of intent to file a petition; and
1350 (B) send a copy of the notice of intent to each affected entity.
1351 (ii) Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of the
1352 area that is proposed to be annexed.
1353 (b) (i) Subject to Subsection (2)(b)(ii), the county in which the area proposed to be
1354 annexed is located shall:
1355 (A) mail the notice described in Subsection (2)(b)(iii) to:
1356 (I) each owner of real property located within the area proposed to be annexed; and
1357 (II) each owner of real property located within 300 feet of the area proposed to be
1358 annexed; and
1359 (B) send to the proposed annexing municipality a copy of the notice and a certificate
1360 indicating that the notice has been mailed as required under Subsection (2)(b)(i)(A).

1361 (ii) The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20
1362 days after receiving from the person or persons who filed the notice of intent:
1363 (A) a written request to mail the required notice; and
1364 (B) payment of an amount equal to the county's expected actual cost of mailing the
1365 notice.
1366 (iii) Each notice required under Subsection (2)(b)(i)(A) shall:
1367 (A) be in writing;
1368 (B) state, in bold and conspicuous terms, substantially the following:
1369 "Attention: Your property may be affected by a proposed annexation.
1370 Records show that you own property within an area that is intended to be included in a
1371 proposed annexation to (state the name of the proposed annexing municipality) or that is within
1372 300 feet of that area. If your property is within the area proposed for annexation, you may be
1373 asked to sign a petition supporting the annexation. You may choose whether or not to sign the
1374 petition. By signing the petition, you indicate your support of the proposed annexation. If you
1375 sign the petition but later change your mind about supporting the annexation, you may
1376 withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
1377 of (state the name of the proposed annexing municipality) within 30 days after (state the name
1378 of the proposed annexing municipality) receives notice that the petition has been certified.
1379 There will be no public election on the proposed annexation because Utah law does not
1380 provide for an annexation to be approved by voters at a public election. Signing or not signing
1381 the annexation petition is the method under Utah law for the owners of property within the area
1382 proposed for annexation to demonstrate their support of or opposition to the proposed
1383 annexation.
1384 Under Utah law, the elected officials of (state the name of the proposed annexing
1385 municipality) may have no choice but to grant the annexation petition if the county's property
1386 tax rate for municipal services in the area proposed to be annexed is higher than the property
1387 tax rate of (state the name of the proposed annexing municipality) and if other statutory
1388 conditions are met.
1389 You may obtain more information on the proposed annexation by contacting (state the
1390 name, mailing address, telephone number, and email address of the official or employee of the
1391 proposed annexing municipality designated to respond to questions about the proposed

1392 annexation), (state the name, mailing address, telephone number, and email address of the
1393 county official or employee designated to respond to questions about the proposed annexation),
1394 or (state the name, mailing address, telephone number, and email address of the person who
1395 filed the notice of intent under Subsection (2)(a)(i)(A), or, if more than one person filed the
1396 notice of intent, one of those persons). Once filed, the annexation petition will be available for
1397 inspection and copying at the office of (state the name of the proposed annexing municipality)
1398 located at (state the address of the municipal offices of the proposed annexing municipality).";
1399 and
1400 (C) be accompanied by an accurate map identifying the area proposed for annexation.
1401 (iv) A county may not mail with the notice required under Subsection (2)(b)(i)(A) any
1402 other information or materials related or unrelated to the proposed annexation.
1403 (c) (i) After receiving the certificate from the county as provided in Subsection
1404 (2)(b)(i)(B), the proposed annexing municipality shall, upon request from the person or persons
1405 who filed the notice of intent under Subsection (2)(a)(i)(A), provide an annexation petition for
1406 the annexation proposed in the notice of intent.
1407 (ii) An annexation petition provided by the proposed annexing municipality may be
1408 duplicated for circulation for signatures.
1409 (3) Each petition under Subsection (1) shall:
1410 (a) (i) be filed with the city recorder or town clerk, as the case may be, of the proposed
1411 annexing municipality;
1412 (ii) when filed and if applicable, be accompanied by a written statement, signed by the
1413 petition sponsors, certifying that signatures on a petition that does not comply with the
1414 requirements of Subsection (3)(d) were gathered before the effective date of that Subsection;
1415 (b) contain the signatures of:
1416 (i) the owners of private real property that:
1417 (A) is located within the area proposed for annexation;
1418 (B) (I) subject to Subsection (3)(b)(i)(B)(II), covers a majority of the private land area
1419 within the area proposed for annexation; and
1420 (II) covers 100% of the private land area within the area proposed for annexation, if the
1421 area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture
1422 Protection Area; and

1423 (C) is equal in value to at least 1/3 of the value of all private real property within the
1424 area proposed for annexation; or
1425 (ii) if all the real property within the area proposed for annexation is owned by a public
1426 entity other than the federal government, the owner of all the publicly owned real property;
1427 (c) be accompanied by:
1428 (i) an accurate and recordable map, prepared by a licensed surveyor, of the area
1429 proposed for annexation; and
1430 (ii) a copy of the notice sent to affected entities as required under Subsection
1431 (2)(a)(i)(B) and a list of the affected entities to which notice was sent;
1432 (d) if the area proposed to be annexed is located in a county of the first class, contain
1433 on each signature page a notice in bold and conspicuous terms that states substantially the
1434 following:
1435 "Notice:
1436 * Under Utah law, the elected officials of (state the name of the proposed annexing
1437 municipality) may have no choice but to grant this annexation petition if the county's property
1438 tax rate for municipal services in the area proposed to be annexed is higher than the property
1439 tax rate of (state the name of the proposed annexing municipality) and if other statutory
1440 conditions are met.
1441 * There will be no public election on the annexation proposed by this petition because
1442 Utah law does not provide for an annexation to be approved by voters at a public election.
1443 * If you sign this petition and later decide that you do not support the petition, you may
1444 withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
1445 of (state the name of the proposed annexing municipality). If you choose to withdraw your
1446 signature, you must do so no later than 30 days after (state the name of the proposed annexing
1447 municipality) receives notice that the petition has been certified.";
1448 (e) if the petition proposes the annexation of an area located in a county that is not the
1449 county in which the proposed annexing municipality is located, be accompanied by a copy of
1450 the resolution, required under Subsection 10-2-402 (6), of the legislative body of the county in
1451 which the area is located; and
1452 (f) designate up to five of the signers of the petition as sponsors, one of whom shall be
1453 designated as the contact sponsor, and indicate the mailing address of each sponsor.

1454 (4) A petition under Subsection (1) may not propose the annexation of all or part of an
1455 area proposed for annexation to a municipality in a previously filed petition that has not been
1456 denied, rejected, or granted.
1457 (5) A petition under Subsection (1) proposing the annexation of an area located in a
1458 county of the first class may not propose the annexation of an area that includes some or all of
1459 an area proposed to be incorporated in a request for a feasibility study under Section 10-2-103
1460 or a petition under Section 10-2-125 if:
1461 (a) the request or petition was filed before the filing of the annexation petition; and
1462 (b) the request, a petition under Section 10-2-109 based on that request, or a petition
1463 under Section 10-2-125 is still pending on the date the annexation petition is filed.
1464 (6) If practicable and feasible, the boundaries of an area proposed for annexation shall
1465 be drawn:
1466 (a) along the boundaries of existing [special] local districts and special service districts
1467 for sewer, water, and other services, along the boundaries of school districts whose boundaries
1468 follow city boundaries or school districts adjacent to school districts whose boundaries follow
1469 city boundaries, and along the boundaries of other taxing entities;
1470 (b) to eliminate islands and peninsulas of territory that is not receiving municipal-type
1471 services;
1472 (c) to facilitate the consolidation of overlapping functions of local government;
1473 (d) to promote the efficient delivery of services; and
1474 (e) to encourage the equitable distribution of community resources and obligations.
1475 (7) On the date of filing, the petition sponsors shall deliver or mail a copy of the
1476 petition to:
1477 (a) the clerk of the county in which the area proposed for annexation is located; and
1478 (b) the chair of the planning commission of each township in which any part of the area
1479 proposed for annexation is located.
1480 (8) A property owner who signs an annexation petition proposing to annex an area
1481 located in a county of the first class may withdraw the owner's signature by filing a written
1482 withdrawal, signed by the property owner, with the city recorder or town clerk no later than 30
1483 days after the municipal legislative body's receipt of the notice of certification under
1484 Subsection 10-2-405 (2)(c)(i).

1485 Section 7. Section 10-2-406 is amended to read:
1486 10-2-406. Notice of certification -- Publishing and providing notice of petition.
1487 (1) After receipt of the notice of certification from the city recorder or town clerk under
1488 Subsection 10-2-405 (2) (c)(i), the municipal legislative body shall:
1489 (a) (i) publish a notice at least once a week for three successive weeks, beginning no
1490 later than ten days after receipt of the notice of certification, in a newspaper of general
1491 circulation within:
1492 (A) the area proposed for annexation; and
1493 (B) the unincorporated area within 1/2 mile of the area proposed for annexation; or
1494 (ii) if there is no newspaper of general circulation within those areas, post written
1495 notices in conspicuous places within those areas that are most likely to give notice to residents
1496 within those areas; and
1497 (b) within 20 days of receipt of the notice of certification under Subsection 10-2-405 (2)
1498 (c)(i), mail written notice to each affected entity.
1499 (2) (a) The notice under Subsections (1)(a) and (b) shall:
1500 (i) state that a petition has been filed with the municipality proposing the annexation of
1501 an area to the municipality;
1502 (ii) state the date of the municipal legislative body's receipt of the notice of certification
1503 under Subsection 10-2-405 (2) (c)(i);
1504 (iii) describe the area proposed for annexation in the annexation petition;
1505 (iv) state that the complete annexation petition is available for inspection and copying
1506 at the office of the city recorder or town clerk;
1507 (v) state in conspicuous and plain terms that the municipality may grant the petition
1508 and annex the area described in the petition unless, within the time required under Subsection
1509 10-2-407 (2)(a)(i)(A), a written protest to the annexation petition is filed with the commission
1510 and a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
1511 municipality;
1512 (vi) state the address of the commission or, if a commission has not yet been created in
1513 the county, the county clerk, where a protest to the annexation petition may be filed;
1514 (vii) state that the area proposed for annexation to the municipality will also
1515 automatically be annexed to a local district providing fire protection, paramedic, and

1516 emergency services, as provided in Section [ 17B-2-515.5 ] 17B-1-416 , if:
1517 (A) the proposed annexing municipality is entirely within the boundaries of a local
1518 district:
1519 (I) that provides fire protection, paramedic, and emergency services; and
1520 (II) in the creation of which an election was not required because of Subsection
1521 [ 17B-2-214 ] 17B-1-214 (3)(c); and
1522 (B) the area proposed to be annexed to the municipality is not already within the
1523 boundaries of the local district; and
1524 (viii) state that the area proposed for annexation to the municipality will be
1525 automatically withdrawn from a local district providing fire protection, paramedic, and
1526 emergency services, as provided in Subsection [ 17B-2-601 ] 17B-1-502 (2), if:
1527 (A) the petition proposes the annexation of an area that is within the boundaries of a
1528 local district:
1529 (I) that provides fire protection, paramedic, and emergency services; and
1530 (II) in the creation of which an election was not required because of Subsection
1531 [ 17B-2-214 ] 17B-1-214 (3)(c); and
1532 (B) the proposed annexing municipality is not within the boundaries of the local
1533 district.
1534 (b) The statement required by Subsection (2)(a)(v) shall state the deadline for filing a
1535 written protest in terms of the actual date rather than by reference to the statutory citation.
1536 (c) In addition to the requirements under Subsection (2)(a), a notice under Subsection
1537 (1)(a) for a proposed annexation of an area within a county of the first class shall include a
1538 statement that a protest to the annexation petition may be filed with the commission by
1539 property owners if it contains the signatures of the owners of private real property that:
1540 (i) is located in the unincorporated area within 1/2 mile of the area proposed for
1541 annexation;
1542 (ii) covers at least 25% of the private land area located in the unincorporated area
1543 within 1/2 mile of the area proposed for annexation; and
1544 (iii) is equal in value to at least 15% of all real property located in the unincorporated
1545 area within 1/2 mile of the area proposed for annexation.
1546 Section 8. Section 10-2-412 is amended to read:

1547 10-2-412. Boundary commission authority -- Expenses -- Records.
1548 (1) The boundary commission for each county shall hear and decide, according to the
1549 provisions of this part, each protest filed under Section 10-2-407 , with respect to an area that is
1550 located within that county.
1551 (2) A boundary commission may:
1552 (a) adopt and enforce rules of procedure for the orderly and fair conduct of its
1553 proceedings;
1554 (b) authorize a member of the commission to administer oaths if necessary in the
1555 performance of the commission's duties;
1556 (c) employ staff personnel and professional or consulting services reasonably necessary
1557 to enable the commission to carry out its duties; and
1558 (d) incur reasonable and necessary expenses to enable the commission to carry out its
1559 duties.
1560 (3) The legislative body of each county shall, with respect to the boundary commission
1561 in that county:
1562 (a) furnish the commission necessary quarters, equipment, and supplies;
1563 (b) pay necessary operating expenses incurred by the commission; and
1564 (c) reimburse the reasonable and necessary expenses incurred by each member
1565 appointed under Subsection 10-2-409 (2)(a)(iii) or (b)(iii), unless otherwise provided by
1566 interlocal agreement.
1567 (4) Each county or municipal legislative body shall reimburse the reasonable and
1568 necessary expenses incurred by a commission member who is an elected county or municipal
1569 officer, respectively.
1570 (5) Records, information, and other relevant materials necessary to enable the
1571 commission to carry out its duties shall, upon request by the commission, be furnished to the
1572 boundary commission by the personnel, employees, and officers of:
1573 (a) for a proposed annexation of an area located in a county of the first class:
1574 (i) each county [and special], local district, and special service district whose
1575 boundaries include an area that is the subject of a protest under the commission's consideration;
1576 and
1577 (ii) each municipality whose boundaries may be affected by action of the boundary

1578 commission; or
1579 (b) for a proposed annexation of an area located in a specified county, each affected
1580 entity:
1581 (i) whose boundaries include any part of the area proposed for annexation; or
1582 (ii) that may be affected by action of the boundary commission.
1583 Section 9. Section 10-2-413 is amended to read:
1584 10-2-413. Feasibility consultant -- Feasibility study -- Modifications to feasibility
1585 study.
1586 (1) (a) For a proposed annexation of an area located in a county of the first class, unless
1587 a proposed annexing municipality denies an annexation petition under Subsection
1588 10-2-407 (3)(a)(i)(A) and except as provided in Subsection (1)(b), the commission shall choose
1589 and engage a feasibility consultant within 45 days of:
1590 (i) the commission's receipt of a protest under Section 10-2-407 , if the commission had
1591 been created before the filing of the protest; or
1592 (ii) the commission's creation, if the commission is created after the filing of a protest.
1593 (b) Notwithstanding Subsection (1)(a), the commission may not require a feasibility
1594 study with respect to a petition that proposes the annexation of an area that:
1595 (i) is undeveloped; and
1596 (ii) covers an area that is equivalent to less than 5% of the total land mass of all private
1597 real property within the municipality.
1598 (2) The commission shall require the feasibility consultant to:
1599 (a) complete a feasibility study on the proposed annexation and submit written results
1600 of the study to the commission no later than 75 days after the feasibility consultant is engaged
1601 to conduct the study;
1602 (b) submit with the full written results of the feasibility study a summary of the results
1603 no longer than a page in length; and
1604 (c) attend the public hearing under Subsection 10-2-415 (1) and present the feasibility
1605 study results and respond to questions at that hearing.
1606 (3) (a) Subject to Subsection (4), the feasibility study shall consider:
1607 (i) the population and population density within the area proposed for annexation, the
1608 surrounding unincorporated area, and, if a protest was filed by a municipality with boundaries

1609 within 1/2 mile of the area proposed for annexation, that municipality;
1610 (ii) the geography, geology, and topography of and natural boundaries within the area
1611 proposed for annexation, the surrounding unincorporated area, and, if a protest was filed by a
1612 municipality with boundaries within 1/2 mile of the area proposed for annexation, that
1613 municipality;
1614 (iii) whether the proposed annexation eliminates, leaves, or creates an unincorporated
1615 island or peninsula;
1616 (iv) whether the proposed annexation will hinder or prevent a future and more logical
1617 and beneficial annexation or a future logical and beneficial incorporation;
1618 (v) the fiscal impact of the proposed annexation on the remaining unincorporated area,
1619 other municipalities, [special] local districts, special service districts, school districts, and other
1620 governmental entities;
1621 (vi) current and five-year projections of demographics and economic base in the area
1622 proposed for annexation and surrounding unincorporated area, including household size and
1623 income, commercial and industrial development, and public facilities;
1624 (vii) projected growth in the area proposed for annexation and the surrounding
1625 unincorporated area during the next five years;
1626 (viii) the present and five-year projections of the cost of governmental services in the
1627 area proposed for annexation;
1628 (ix) the present and five-year projected revenue to the proposed annexing municipality
1629 from the area proposed for annexation;
1630 (x) the projected impact the annexation will have over the following five years on the
1631 amount of taxes that property owners within the area proposed for annexation, the proposed
1632 annexing municipality, and the remaining unincorporated county will pay;
1633 (xi) past expansion in terms of population and construction in the area proposed for
1634 annexation and the surrounding unincorporated area;
1635 (xii) the extension during the past ten years of the boundaries of each other
1636 municipality near the area proposed for annexation, the willingness of the other municipality to
1637 annex the area proposed for annexation, and the probability that another municipality would
1638 annex some or all of the area proposed for annexation during the next five years if the
1639 annexation did not occur;

1640 (xiii) the history, culture, and social aspects of the area proposed for annexation and
1641 surrounding area;
1642 (xiv) the method of providing and the entity that has provided municipal-type services
1643 in the past to the area proposed for incorporation and the feasibility of municipal-type services
1644 being provided by the proposed annexing municipality; and
1645 (xv) the effect on each school district whose boundaries include part or all of the area
1646 proposed for annexation or the proposed annexing municipality.
1647 (b) For purposes of Subsection (3)(a)(ix), the feasibility consultant shall assume ad
1648 valorem property tax rates on residential property within the area proposed for annexation at
1649 the same level that residential property within the proposed annexing municipality would be
1650 without the annexation.
1651 (c) For purposes of Subsection (3)(a)(viii), the feasibility consultant shall assume that
1652 the level and quality of governmental services that will be provided to the area proposed for
1653 annexation in the future is essentially comparable to the level and quality of governmental
1654 services being provided within the proposed annexing municipality at the time of the feasibility
1655 study.
1656 (4) (a) Except as provided in Subsection (4)(b), the commission may modify the depth
1657 of study of and detail given to the items listed in Subsection (3)(a) by the feasibility consultant
1658 in conducting the feasibility study depending upon:
1659 (i) the size of the area proposed for annexation;
1660 (ii) the size of the proposed annexing municipality;
1661 (iii) the extent to which the area proposed for annexation is developed;
1662 (iv) the degree to which the area proposed for annexation is expected to develop and
1663 the type of development expected; and
1664 (v) the number and type of protests filed against the proposed annexation.
1665 (b) Notwithstanding Subsection (4)(a), the commission may not modify the
1666 requirement that the feasibility consultant provide a full and complete analysis of the items
1667 listed in Subsections (3)(a)(viii), (ix), and (xv).
1668 (5) If the results of the feasibility study do not meet the requirements of Subsection
1669 10-2-416 (3), the feasibility consultant may, as part of the feasibility study, make
1670 recommendations as to how the boundaries of the area proposed for annexation may be altered

1671 so that the requirements of Subsection 10-2-416 (3) may be met.
1672 (6) (a) Except as provided in Subsection (6)(b), the feasibility consultant fees and
1673 expenses shall be shared equally by the proposed annexing municipality and each entity or
1674 group under Subsection 10-2-407 (1) that files a protest.
1675 (b) (i) Except as provided in Subsection (6)(b)(ii), if a protest is filed by property
1676 owners under Subsection 10-2-407 (1)(a)(ii), the county in which the area proposed for
1677 annexation shall pay the owners' share of the feasibility consultant's fees and expenses.
1678 (ii) Notwithstanding Subsection (6)(b)(i), if both the county and the property owners
1679 file a protest, the county and the proposed annexing municipality shall equally share the
1680 property owners' share of the feasibility consultant's fees and expenses.
1681 Section 10. Section 10-2-414 is amended to read:
1682 10-2-414. Modified annexation petition -- Supplemental feasibility study.
1683 (1) (a) (i) If the results of the feasibility study with respect to a proposed annexation of
1684 an area located in a county of the first class do not meet the requirements of Subsection
1685 10-2-416 (3), the sponsors of the annexation petition may, within 45 days of the feasibility
1686 consultant's submission of the results of the study, file with the city recorder or town clerk of
1687 the proposed annexing municipality a modified annexation petition altering the boundaries of
1688 the proposed annexation.
1689 (ii) On the date of filing a modified annexation petition under Subsection (1)(a)(i), the
1690 sponsors of the annexation petition shall deliver or mail a copy of the modified annexation
1691 petition to the clerk of the county in which the area proposed for annexation is located.
1692 (b) Each modified annexation petition under Subsection (1)(a) shall comply with the
1693 requirements of Subsections 10-2-403 (2), (3), and (4).
1694 (2) (a) Within 20 days of the city recorder or town clerk's receipt of the modified
1695 annexation petition, the city recorder or town clerk, as the case may be, shall follow the same
1696 procedure for the modified annexation petition as provided under Subsections 10-2-405 (2) and
1697 (3)(a) for an original annexation petition.
1698 (b) If the city recorder or town clerk certifies the modified annexation petition under
1699 Subsection 10-2-405 (2)(c)(i), the city recorder or town clerk, as the case may be, shall send
1700 written notice of the certification to:
1701 (i) the commission;

1702 (ii) each entity that filed a protest to the annexation petition; and
1703 (iii) if a protest was filed under Subsection 10-2-407 (1)(a)(ii), the contact person.
1704 (c) (i) If the modified annexation petition proposes the annexation of an area that
1705 includes part or all of a [special] local district, special service district, or school district that
1706 was not included in the area proposed for annexation in the original petition, the city recorder
1707 or town clerk, as the case may be, shall also send notice of the certification of the modified
1708 annexation petition to the board of the [special] local district, special service district, or school
1709 district.
1710 (ii) If the area proposed for annexation in the modified annexation petition is within
1711 1/2 mile of the boundaries of a municipality whose boundaries were not within 1/2 mile of the
1712 area proposed for annexation in the original annexation petition, the city recorder or town
1713 clerk, as the case may be, shall also send notice of the certification of the modified annexation
1714 petition to the legislative body of that municipality.
1715 (3) Within ten days of the commission's receipt of the notice under Subsection (2)(b),
1716 the commission shall engage the feasibility consultant that conducted the feasibility study to
1717 supplement the feasibility study to take into account the information in the modified
1718 annexation petition that was not included in the original annexation petition.
1719 (4) The commission shall require the feasibility consultant to complete the
1720 supplemental feasibility study and to submit written results of the supplemental study to the
1721 commission no later than 30 days after the feasibility consultant is engaged to conduct the
1722 supplemental feasibility study.
1723 Section 11. Section 10-2-418 is amended to read:
1724 10-2-418. Annexation of an island or peninsula without a petition -- Notice --
1725 Hearing.
1726 (1) (a) Notwithstanding Subsection 10-2-402 (2), a municipality may annex an
1727 unincorporated area under this section without an annexation petition if:
1728 (i) (A) the area to be annexed consists of one or more unincorporated islands within or
1729 unincorporated peninsulas contiguous to the municipality;
1730 (B) the majority of each island or peninsula consists of residential or commercial
1731 development;
1732 (C) the area proposed for annexation requires the delivery of municipal-type services;

1733 and
1734 (D) the municipality has provided most or all of the municipal-type services to the area
1735 for more than one year; or
1736 (ii) (A) the area to be annexed consists of one or more unincorporated islands within
1737 the municipality, each of which has fewer than 500 residents; and
1738 (B) the municipality has provided one or more municipal-type services to the area for
1739 at least one year.
1740 (b) Notwithstanding Subsection 10-2-402 (1)(b)(iii), a municipality may annex a
1741 portion of an island or peninsula under this section, leaving unincorporated the remainder of
1742 the unincorporated island or peninsula, if:
1743 (i) in adopting the resolution under Subsection (2)(a)(i), the municipal legislative body
1744 determines that not annexing the entire unincorporated island or peninsula is in the
1745 municipality's best interest; and
1746 (ii) for an annexation of one or more unincorporated islands under Subsection
1747 (1)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed,
1748 complies with the requirement of Subsection (1)(a)(ii)(A) relating to the number of residents.
1749 (2) (a) The legislative body of each municipality intending to annex an area under this
1750 section shall:
1751 (i) adopt a resolution indicating the municipal legislative body's intent to annex the
1752 area, describing the area proposed to be annexed;
1753 (ii) (A) publish notice at least once a week for three successive weeks in a newspaper
1754 of general circulation within the municipality and the area proposed for annexation; or
1755 (B) if there is no newspaper of general circulation in the areas described in Subsection
1756 (2)(a)(ii)(A), post at least one notice per 1,000 population in places within those areas that are
1757 most likely to give notice to the residents of those areas;
1758 (iii) send written notice to the board of each [special] local district and special service
1759 district whose boundaries contain some or all of the area proposed for annexation and to the
1760 legislative body of the county in which the area proposed for annexation is located; and
1761 (iv) hold a public hearing on the proposed annexation no earlier than 60 days after the
1762 adoption of the resolution under Subsection (2)(a)(i).
1763 (b) Each notice under Subsections (2)(a)(ii) and (iii) shall:

1764 (i) state that the municipal legislative body has adopted a resolution indicating its intent
1765 to annex the area proposed for annexation;
1766 (ii) state the date, time, and place of the public hearing under Subsection (2)(a)(iv);
1767 (iii) describe the area proposed for annexation; and
1768 (iv) state in conspicuous and plain terms that the municipal legislative body will annex
1769 the area unless, at or before the public hearing under Subsection (2)(a)(iv), written protests to
1770 the annexation are filed by the owners of private real property that:
1771 (A) is located within the area proposed for annexation;
1772 (B) covers a majority of the total private land area within the entire area proposed for
1773 annexation; and
1774 (C) is equal in value to at least 1/2 the value of all private real property within the
1775 entire area proposed for annexation.
1776 (c) The first publication of the notice required under Subsection (2)(a)(ii)(A) shall be
1777 within 14 days of the municipal legislative body's adoption of a resolution under Subsection
1778 (2)(a)(i).
1779 (3) (a) Upon conclusion of the public hearing under Subsection (2)(a)(iv) and subject
1780 to Subsection (3)(b), the municipal legislative body may adopt an ordinance annexing the area
1781 proposed for annexation under this section unless, at or before the hearing, written protests to
1782 the annexation have been filed with the city recorder or town clerk, as the case may be, by the
1783 owners of private real property that:
1784 (i) is located within the area proposed for annexation;
1785 (ii) covers:
1786 (A) for a proposed annexation under Subsection (1)(a)(i), a majority of the total private
1787 land area within the entire area proposed for annexation; or
1788 (B) for a proposed annexation under Subsection (1)(a)(ii), 10% of the total private land
1789 area within the island of unincorporated area that is proposed for annexation; and
1790 (iii) is equal in value to at least:
1791 (A) for a proposed annexation under Subsection (1)(a)(i), 1/2 the value of all private
1792 real property within the entire area proposed for annexation; or
1793 (B) for a proposed annexation under Subsection (1)(a)(ii), 10% of the value of all
1794 private real property within the island of unincorporated area that is proposed for annexation.

1795 (b) A municipal legislative body may not adopt an ordinance annexing an area
1796 proposed for annexation under Subsection (1)(a)(ii) unless the legislative body of the county in
1797 which the area proposed for annexation has previously adopted a resolution approving the
1798 annexation.
1799 (4) (a) If protests are timely filed that comply with Subsection (3), the municipal
1800 legislative body may not adopt an ordinance annexing the area proposed for annexation, and
1801 the annexation proceedings under this section shall be considered terminated.
1802 (b) Subsection (4)(a) may not be construed to prohibit the municipal legislative body
1803 from excluding from a proposed annexation under Subsection (1)(a)(ii) the property within an
1804 unincorporated island regarding which protests have been filed and proceeding under
1805 Subsection (1)(b) to annex some or all of the remaining portion of the unincorporated island.
1806 Section 12. Section 10-2-419 is amended to read:
1807 10-2-419. Boundary adjustment -- Notice and hearing -- Protest.
1808 (1) The legislative bodies of two or more municipalities having common boundaries
1809 may adjust their common boundaries as provided in this section.
1810 (2) (a) The legislative body of each municipality intending to adjust a boundary that is
1811 common with another municipality shall:
1812 (i) adopt a resolution indicating the intent of the municipal legislative body to adjust a
1813 common boundary;
1814 (ii) hold a public hearing on the proposed adjustment no less than 60 days after the
1815 adoption of the resolution under Subsection (2)(a)(i); and
1816 (iii) (A) publish notice at least once a week for three successive weeks in a newspaper
1817 of general circulation within the municipality; or
1818 (B) if there is no newspaper of general circulation within the municipality, post at least
1819 one notice per 1,000 population in places within the municipality that are most likely to give
1820 notice to residents of the municipality.
1821 (b) The notice required under Subsection (2)(a)(iii) shall:
1822 (i) state that the municipal legislative body has adopted a resolution indicating the
1823 municipal legislative body's intent to adjust a boundary that the municipality has in common
1824 with another municipality;
1825 (ii) describe the area proposed to be adjusted;

1826 (iii) state the date, time, and place of the public hearing required under Subsection
1827 (2)(a)(ii);
1828 (iv) state in conspicuous and plain terms that the municipal legislative body will adjust
1829 the boundaries unless, at or before the public hearing under Subsection (2)(a)(ii), written
1830 protests to the adjustment are filed by the owners of private real property that:
1831 (A) is located within the area proposed for adjustment;
1832 (B) covers at least 25% of the total private land area within the area proposed for
1833 adjustment; and
1834 (C) is equal in value to at least 15% of the value of all private real property within the
1835 area proposed for adjustment; and
1836 (v) state that the area that is the subject of the boundary adjustment will, because of the
1837 boundary adjustment, be automatically annexed to a local district providing fire protection,
1838 paramedic, and emergency services, as provided in Section [ 17B-2-515.5 ] 17B-1-416 , if:
1839 (A) the municipality to which the area is being added because of the boundary
1840 adjustment is entirely within the boundaries of a local district:
1841 (I) that provides fire protection, paramedic, and emergency services; and
1842 (II) in the creation of which an election was not required because of Subsection
1843 [ 17B-2-214 ] 17B-1-214 (3)(c); and
1844 (B) the municipality from which the area is being taken because of the boundary
1845 adjustment is not within the boundaries of the local district; and
1846 (vi) state that the area proposed for annexation to the municipality will be
1847 automatically withdrawn from a local district providing fire protection, paramedic, and
1848 emergency services, as provided in Subsection [ 17B-2-601 ] 17B-1-502 (2), if:
1849 (A) the municipality to which the area is being added because of the boundary
1850 adjustment is not within the boundaries of a local district:
1851 (I) that provides fire protection, paramedic, and emergency services; and
1852 (II) in the creation of which an election was not required because of Subsection
1853 [ 17B-2-214 ] 17B-1-214 (3)(c); and
1854 (B) the municipality from which the area is being taken because of the boundary
1855 adjustment is entirely within the boundaries of the local district.
1856 (c) The first publication of the notice required under Subsection (2)(a)(iii)(A) shall be

1857 within 14 days of the municipal legislative body's adoption of a resolution under Subsection
1858 (2)(a)(i).
1859 (3) Upon conclusion of the public hearing under Subsection (2)(a)(ii), the municipal
1860 legislative body may adopt an ordinance adjusting the common boundary unless, at or before
1861 the hearing under Subsection (2)(a)(ii), written protests to the adjustment have been filed with
1862 the city recorder or town clerk, as the case may be, by the owners of private real property that:
1863 (a) is located within the area proposed for adjustment;
1864 (b) covers at least 25% of the total private land area within the area proposed for
1865 adjustment; and
1866 (c) is equal in value to at least 15% of the value of all private real property within the
1867 area proposed for adjustment.
1868 (4) The municipal legislative body shall comply with the requirements of Section
1869 10-2-425 as if the boundary change were an annexation.
1870 (5) An ordinance adopted under Subsection (3) becomes effective when each
1871 municipality involved in the boundary adjustment has adopted an ordinance under Subsection
1872 (3) and as determined under Subsection 10-2-425 (5) if the boundary change were an
1873 annexation.
1874 Section 13. Section 10-2-425 is amended to read:
1875 10-2-425. Filing of plat or map and amended articles -- Notice requirements --
1876 Effective date of annexation.
1877 (1) Within 30 days after enacting an ordinance annexing an unincorporated area or
1878 adjusting a boundary under this part, the municipal legislative body shall:
1879 (a) send notice of the enactment to each affected entity;
1880 (b) file with the lieutenant governor:
1881 (i) a certified copy of the ordinance approving the annexation or boundary adjustment,
1882 together with a plat or map prepared by a licensed surveyor, approved by the municipal
1883 legislative body, and filed with the county surveyor in accordance with Section 17-23-17 ,
1884 showing the new boundaries of the affected area; and
1885 (ii) (A) if the municipality has articles of incorporation, amended articles of
1886 incorporation reflecting the annexation or boundary adjustment, as provided in Section
1887 10-1-117 ; or

1888 (B) if the municipality does not have articles of incorporation, written notice of the
1889 adoption of an annexation ordinance, accompanied by a copy of the ordinance; and
1890 (c) in accordance with Section 26-8a-414 , file the documents described in Subsection
1891 (1)(b)(i) with the Department of Health.
1892 (2) If an annexation or boundary adjustment under this part also causes an automatic
1893 annexation to a local district under Section [ 17B-2-515.5 ] 17B-1-416 or an automatic
1894 withdrawal from a local district under Subsection [ 17B-2-601 ] 17B-1-502 (2), the municipal
1895 legislative body shall, as soon as practicable after enacting an ordinance annexing an
1896 unincorporated area or adjusting a boundary, send notice of the annexation or boundary
1897 adjustment to the local district to which the annexed area is automatically annexed or from
1898 which the annexed area is automatically withdrawn.
1899 (3) The municipal legislative body shall comply with the notice requirements of
1900 Section 10-1-116 .
1901 (4) Each notice required under Subsections (1) and (3) relating to an annexation shall
1902 state the effective date of the annexation, as determined under Subsection (5).
1903 (5) An annexation under this part is completed and takes effect:
1904 (a) for the annexation of an area located in a county of the first class:
1905 (i) July 1 following enactment of an ordinance annexing the unincorporated area if:
1906 (A) the ordinance is adopted during the preceding November 1 through April 30; and
1907 (B) the requirements of Subsection (1) are met before that July 1; or
1908 (ii) January 1 following enactment of an ordinance annexing the unincorporated area if:
1909 (A) the ordinance is adopted during the preceding May 1 through October 31; and
1910 (B) the requirements of Subsection (1) are met before that January 1; and
1911 (b) for all other annexations, the date of the lieutenant governor's issuance of:
1912 (i) a certification of amended articles under Subsection 10-1-117 (3), for an annexation
1913 by a municipality that has articles of incorporation and filed with the lieutenant governor
1914 amended articles of incorporation under Subsection (1)(a)(iii)(A); or
1915 (ii) a certificate of annexation under Subsection (1)(b), for an annexation by a
1916 municipality that does not have articles of incorporation and filed with the lieutenant governor
1917 a notice of adoption of an annexation ordinance under Subsection (1)(a)(iii)(B).
1918 Section 14. Section 10-2-428 is amended to read:

1919 10-2-428. Neither annexation nor boundary adjustment has an effect on the
1920 boundaries of most local districts.
1921 Except as provided in Section [ 17B-2-515.5 ] 17B-1-416 and Subsection [ 17B-2-601 ]
1922 17B-1-502 (2), the annexation of an unincorporated area by a municipality or the adjustment of
1923 a boundary shared by municipalities does not affect the boundaries of [an independent special
1924 district under Title 17A, Chapter 2, Independent Special Districts, or] a local district under
1925 Title 17B, [Chapter 2,] Limited Purpose Local Government Entities - Local Districts, or a
1926 special service district under Title 17A, Chapter 2, Part 13, Utah Special Service District Act.
1927 Section 15. Section 10-5-119 is amended to read:
1928 10-5-119. Special fund balance -- Disposition when fund no longer required.
1929 Whenever the necessity for maintaining any special fund of a town has ceased to exist
1930 and a balance remains in the fund, the governing body shall authorize the transfer of the
1931 balance to the fund balance account in the general fund of the town, subject to the following:
1932 (1) Any balance remaining in a special assessment fund and any unrequired balance in
1933 its special improvements guaranty fund shall be treated in the manner provided in Sections
1934 [ 17A-3-332 and 17A-3-334 ] 11-42-413 and 11-42-701 ;
1935 (2) Any balance remaining in a capital improvements or capital projects fund shall be
1936 transferred to the appropriate debt service fund or other fund as the bond ordinance may require
1937 and otherwise to the fund balance account in the general fund;
1938 (3) Whenever any balance held in a trust fund for a specific purpose, other than a
1939 cemetery perpetual care trust fund, is to be transferred because its original purpose or
1940 restriction has ceased to exist, a public hearing shall be held in the manner provided in Sections
1941 10-5-108 and 10-5-109 . The published notice shall invite those persons who contributed to the
1942 fund to appear at the hearing. If the council determines the fund balance amounts are
1943 refundable to the original contributors, a 30-day period following the hearing shall be allowed
1944 for persons having an interest in the fund to file with the council a verified claim only for the
1945 amount of each claimant's contributions. Any claim not filed in accordance with this section
1946 shall be invalid. Any balance remaining, after refunds to eligible contributors, shall be
1947 transferred to the fund balance account in the general fund of the town; and
1948 (4) Whenever the council decides, in conformity with applicable laws and ordinances,
1949 that the need for continued maintenance of its cemetery perpetual care trust fund no longer

1950 exists, it may transfer the balance in such fund to the capital improvements fund for
1951 expenditure for land, buildings, and major improvements to be used exclusively for cemetery
1952 purposes.
1953 Section 16. Section 10-6-131 is amended to read:
1954 10-6-131. Transfer of balances in special funds.
1955 Whenever the necessity for maintaining any special fund of a city has ceased to exist
1956 and a balance remains in the fund, the governing body shall authorize the transfer of the
1957 balance to the fund balance account in the general fund of the city, except that:
1958 (1) Any balance remaining in a special assessment fund and any unrequired balance in
1959 its special improvements guaranty fund shall be treated in the manner provided in Sections
1960 [ 17A-3-332 and 17A-3-334 ] 11-42-413 and 11-42-701 ;
1961 (2) Any balance remaining in a capital improvements or capital projects fund shall be
1962 transferred to the appropriate debt service fund or other fund as the bond ordinance may require
1963 and otherwise to the fund balance account in the general fund;
1964 (3) Whenever any balance held in a trust fund for a specific purpose, other than a
1965 cemetery perpetual care trust fund, is to be transferred because its original purpose or
1966 restriction has ceased to exist, a public hearing shall be held in the manner provided in Sections
1967 10-6-113 and 10-6-114 . The published notice shall invite those persons who contributed to the
1968 fund to appear at the hearing. If the governing body determines the fund balance amounts are
1969 refundable to the original contributors, a 30 day period following the hearing shall be allowed
1970 for persons having an interest in the fund to file with the governing body a verified claim only
1971 for the amount of each claimant's contributions. Any claim not so filed shall be forever barred.
1972 Any balance remaining, after refunds to eligible contributors, shall be transferred to the fund
1973 balance account in the general fund of the city; and
1974 (4) Whenever the governing body decides, in conformity with applicable laws and
1975 ordinances, that the need for continued maintenance of its cemetery perpetual care trust fund no
1976 longer exists, it may transfer the balance in such fund to the capital improvements fund for
1977 expenditure for land, buildings and major improvements to be used exclusively for cemetery
1978 purposes.
1979 Section 17. Section 10-7-14.2 is amended to read:
1980 10-7-14.2. Special tax -- Grant of power to levy.

1981 There is granted to the municipalities of the state not in an improvement district created
1982 for the purpose of establishing and maintaining a sewage collection, treatment, or disposal
1983 system or a system for the supply, treatment, or distribution of water pursuant to the provisions
1984 of Title [17A] 17B, Chapter 2, Part [3,] 4, Improvement District Act, in addition to all other
1985 rights of assessment, the right to levy a tax annually not to exceed .0008 per dollar of taxable
1986 value of taxable property in the municipality. The money raised by the levy shall be placed in a
1987 special fund and used only for the purpose of financing the construction of facilities to purify
1988 the drinking water of the municipality and the construction of facilities for the treatment and
1989 disposal of the sewage of the municipality, or to pay principal and interest on bonds issued for
1990 the construction of facilities if construction has actually commenced subsequent to the
1991 enactment of this statute. The municipality may accumulate from year to year and reserve in
1992 the special fund the money raised for this purpose. The levy shall be made and collected in the
1993 same manner as other property taxes are levied and collected by municipalities.
1994 Section 18. Section 10-9a-103 is amended to read:
1995 10-9a-103. Definitions.
1996 As used in this chapter:
1997 (1) "Affected entity" means a county, municipality, [independent special district under
1998 Title 17A, Chapter 2, Independent Special Districts,] local district [under Title 17B, Chapter 2,
1999 Local Districts], special service district under Title 17A, Chapter 2, Part 13, Utah Special
2000 Service District Act, school district, interlocal cooperation entity established under Title 11,
2001 Chapter 13, Interlocal Cooperation Act, specified public utility, a property owner, a property
2002 owners association, or the Utah Department of Transportation, if:
2003 (a) the entity's services or facilities are likely to require expansion or significant
2004 modification because of an intended use of land;
2005 (b) the entity has filed with the municipality a copy of the entity's general or long-range
2006 plan; or
2007 (c) the entity has filed with the municipality a request for notice during the same
2008 calendar year and before the municipality provides notice to an affected entity in compliance
2009 with a requirement imposed under this chapter.
2010 (2) "Appeal authority" means the person, board, commission, agency, or other body
2011 designated by ordinance to decide an appeal of a decision of a land use application or a

2012 variance.
2013 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
2014 residential property if the sign is designed or intended to direct attention to a business, product,
2015 or service that is not sold, offered, or existing on the property where the sign is located.
2016 (4) "Charter school" includes:
2017 (a) an operating charter school;
2018 (b) a charter school applicant that has its application approved by a chartering entity in
2019 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
2020 (c) an entity who is working on behalf of a charter school or approved charter applicant
2021 to develop or construct a charter school building.
2022 (5) "Chief executive officer" means the:
2023 (a) mayor in municipalities operating under all forms of municipal government except
2024 the council-manager form; or
2025 (b) city manager in municipalities operating under the council-manager form of
2026 municipal government.
2027 (6) "Conditional use" means a land use that, because of its unique characteristics or
2028 potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
2029 compatible in some areas or may be compatible only if certain conditions are required that
2030 mitigate or eliminate the detrimental impacts.
2031 (7) "Constitutional taking" means a governmental action that results in a taking of
2032 private property so that compensation to the owner of the property is required by the:
2033 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
2034 (b) Utah Constitution Article I, Section 22.
2035 (8) "Culinary water authority" means the department, agency, or public entity with
2036 responsibility to review and approve the feasibility of the culinary water system and sources for
2037 the subject property.
2038 (9) (a) "Disability" means a physical or mental impairment that substantially limits one
2039 or more of a person's major life activities, including a person having a record of such an
2040 impairment or being regarded as having such an impairment.
2041 (b) "Disability" does not include current illegal use of, or addiction to, any federally
2042 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.

2043 802.
2044 (10) "Elderly person" means a person who is 60 years old or older, who desires or
2045 needs to live with other elderly persons in a group setting, but who is capable of living
2046 independently.
2047 (11) "General plan" means a document that a municipality adopts that sets forth general
2048 guidelines for proposed future development of the land within the municipality.
2049 (12) "Identical plans" means building plans submitted to a municipality that are
2050 substantially identical to building plans that were previously submitted to and reviewed and
2051 approved by the municipality and describe a building that is:
2052 (a) located on land zoned the same as the land on which the building described in the
2053 previously approved plans is located; and
2054 (b) subject to the same geological and meteorological conditions and the same law as
2055 the building described in the previously approved plans.
2056 (13) "Land use application" means an application required by a municipality's land use
2057 ordinance.
2058 (14) "Land use authority" means a person, board, commission, agency, or other body
2059 designated by the local legislative body to act upon a land use application.
2060 (15) "Land use ordinance" means a planning, zoning, development, or subdivision
2061 ordinance of the municipality, but does not include the general plan.
2062 (16) "Land use permit" means a permit issued by a land use authority.
2063 (17) "Legislative body" means the municipal council.
2064 (18) "Local district" means an entity established under the authority of Title 17B,
2065 Limited Purpose Local Government Entities - Local Districts, and any other governmental or
2066 quasi-governmental entity that is not a county, municipality, school district, or unit of the state.
2067 [(18)] (19) "Lot line adjustment" means the relocation of the property boundary line in
2068 a subdivision between two adjoining lots with the consent of the owners of record.
2069 [(19)] (20) "Moderate income housing" means housing occupied or reserved for
2070 occupancy by households with a gross household income equal to or less than 80% of the
2071 median gross income for households of the same size in the county in which the city is located.
2072 [(20)] (21) "Nominal fee" means a fee that reasonably reimburses a municipality only
2073 for time spent and expenses incurred in:

2074 (a) verifying that building plans are identical plans; and
2075 (b) reviewing and approving those minor aspects of identical plans that differ from the
2076 previously reviewed and approved building plans.
2077 [(21)] (22) "Noncomplying structure" means a structure that:
2078 (a) legally existed before its current land use designation; and
2079 (b) because of one or more subsequent land use ordinance changes, does not conform
2080 to the setback, height restrictions, or other regulations, excluding those regulations, which
2081 govern the use of land.
2082 [(22)] (23) "Nonconforming use" means a use of land that:
2083 (a) legally existed before its current land use designation;
2084 (b) has been maintained continuously since the time the land use ordinance governing
2085 the land changed; and
2086 (c) because of one or more subsequent land use ordinance changes, does not conform
2087 to the regulations that now govern the use of the land.
2088 [(23)] (24) "Official map" means a map drawn by municipal authorities and recorded in
2089 a county recorder's office that:
2090 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
2091 highways and other transportation facilities;
2092 (b) provides a basis for restricting development in designated rights-of-way or between
2093 designated setbacks to allow the government authorities time to purchase or otherwise reserve
2094 the land; and
2095 (c) has been adopted as an element of the municipality's general plan.
2096 [(24)] (25) "Person" means an individual, corporation, partnership, organization,
2097 association, trust, governmental agency, or any other legal entity.
2098 [(25)] (26) "Plan for moderate income housing" means a written document adopted by
2099 a city legislative body that includes:
2100 (a) an estimate of the existing supply of moderate income housing located within the
2101 city;
2102 (b) an estimate of the need for moderate income housing in the city for the next five
2103 years as revised biennially;
2104 (c) a survey of total residential land use;

2105 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
2106 income housing; and
2107 (e) a description of the city's program to encourage an adequate supply of moderate
2108 income housing.
2109 [(26)] (27) "Plat" means a map or other graphical representation of lands being laid out
2110 and prepared in accordance with Section 10-9a-603 , 17-23-17 , or 57-8-13 .
2111 [(27)] (28) "Public hearing" means a hearing at which members of the public are
2112 provided a reasonable opportunity to comment on the subject of the hearing.
2113 [(28)] (29) "Public meeting" means a meeting that is required to be open to the public
2114 under Title 52, Chapter 4, Open and Public Meetings Act.
2115 [(29)] (30) "Record of survey map" means a map of a survey of land prepared in
2116 accordance with Section 17-23-17 .
2117 [(30)] (31) "Residential facility for elderly persons" means a single-family or
2118 multiple-family dwelling unit that meets the requirements of Section 10-9a-516 , but does not
2119 include a health care facility as defined by Section 26-21-2 .
2120 [(31)] (32) "Residential facility for persons with a disability" means a residence:
2121 (a) in which more than one person with a disability resides; and
2122 (b) (i) is licensed or certified by the Department of Human Services under Title 62A,
2123 Chapter 2, Licensure of Programs and Facilities; or
2124 (ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
2125 Health Care Facility Licensing and Inspection Act.
2126 [(32)] (33) "Sanitary sewer authority" means the department, agency, or public entity
2127 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
2128 wastewater systems.
2129 [(33) "Special district" means an entity established under the authority of Title 17A,
2130 Special Districts, and any other governmental or quasi-governmental entity that is not a county,
2131 municipality, school district, or unit of the state.]
2132 (34) "Specified public utility" means an electrical corporation, gas corporation, or
2133 telephone corporation, as those terms are defined in Section 54-2-1 .
2134 (35) "Street" means a public right-of-way, including a highway, avenue, boulevard,
2135 parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other

2136 way.
2137 (36) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
2138 divided into two or more lots, parcels, sites, units, plots, or other division of land for the
2139 purpose, whether immediate or future, for offer, sale, lease, or development either on the
2140 installment plan or upon any and all other plans, terms, and conditions.
2141 (b) "Subdivision" includes:
2142 (i) the division or development of land whether by deed, metes and bounds description,
2143 devise and testacy, map, plat, or other recorded instrument; and
2144 (ii) except as provided in Subsection (36)(c), divisions of land for residential and
2145 nonresidential uses, including land used or to be used for commercial, agricultural, and
2146 industrial purposes.
2147 (c) "Subdivision" does not include:
2148 (i) a bona fide division or partition of agricultural land for the purpose of joining one of
2149 the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
2150 neither the resulting combined parcel nor the parcel remaining from the division or partition
2151 violates an applicable land use ordinance;
2152 (ii) a recorded agreement between owners of adjoining unsubdivided properties
2153 adjusting their mutual boundary if:
2154 (A) no new lot is created; and
2155 (B) the adjustment does not violate applicable land use ordinances;
2156 (iii) a recorded document, executed by the owner of record:
2157 (A) revising the legal description of more than one contiguous unsubdivided parcel of
2158 property into one legal description encompassing all such parcels of property; or
2159 (B) joining a subdivided parcel of property to another parcel of property that has not
2160 been subdivided, if the joinder does not violate applicable land use ordinances; or
2161 (iv) a recorded agreement between owners of adjoining subdivided properties adjusting
2162 their mutual boundary if:
2163 (A) no new dwelling lot or housing unit will result from the adjustment; and
2164 (B) the adjustment will not violate any applicable land use ordinance.
2165 (d) The joining of a subdivided parcel of property to another parcel of property that has
2166 not been subdivided does not constitute a subdivision under this Subsection (36) as to the

2167 unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
2168 subdivision ordinance.
2169 (37) "Unincorporated" means the area outside of the incorporated area of a city or
2170 town.
2171 (38) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
2172 land use zones, overlays, or districts.
2173 Section 19. Section 10-9a-305 is amended to read:
2174 10-9a-305. Other entities required to conform to municipality's land use
2175 ordinances -- Exceptions -- School districts and charter schools.
2176 (1) (a) Each county, municipality, school district, charter school, [special] local district,
2177 special service district, and political subdivision of the state shall conform to any applicable
2178 land use ordinance of any municipality when installing, constructing, operating, or otherwise
2179 using any area, land, or building situated within that municipality.
2180 (b) In addition to any other remedies provided by law, when a municipality's land use
2181 ordinances is violated or about to be violated by another political subdivision, that municipality
2182 may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
2183 prevent, enjoin, abate, or remove the improper installation, improvement, or use.
2184 (2) (a) Except as provided in Subsection (3), a school district or charter school is
2185 subject to a municipality's land use ordinances.
2186 (b) (i) Notwithstanding Subsection (3), a municipality may subject a charter school to
2187 standards within each zone pertaining to setback, height, bulk and massing regulations, off-site
2188 parking, curb cut, traffic circulation, and construction staging.
2189 (ii) The standards to which a municipality may subject a charter school under
2190 Subsection (2)(b)(i) shall be objective standards only and may not be subjective.
2191 (iii) Except as provided in Subsection (7)(d), the only basis upon which a municipality
2192 may deny or withhold approval of a charter school's land use application is the charter school's
2193 failure to comply with a standard imposed under Subsection (2)(b)(i).
2194 (iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of an
2195 obligation to comply with a requirement of an applicable building or safety code to which it is
2196 otherwise obligated to comply.
2197 (3) A municipality may not:

2198 (a) impose requirements for landscaping, fencing, aesthetic considerations,
2199 construction methods or materials, building codes, building use for educational purposes, or the
2200 placement or use of temporary classroom facilities on school property;
2201 (b) except as otherwise provided in this section, require a school district or charter
2202 school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
2203 school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
2204 children and not located on or contiguous to school property, unless the roadway or sidewalk is
2205 required to connect an otherwise isolated school site to an existing roadway;
2206 (c) require a district or charter school to pay fees not authorized by this section;
2207 (d) provide for inspection of school construction or assess a fee or other charges for
2208 inspection, unless the school district or charter school is unable to provide for inspection by an
2209 inspector, other than the project architect or contractor, who is qualified under criteria
2210 established by the state superintendent;
2211 (e) require a school district or charter school to pay any impact fee for an improvement
2212 project that is not reasonably related to the impact of the project upon the need that the
2213 improvement is to address; or
2214 (f) impose regulations upon the location of a project except as necessary to avoid
2215 unreasonable risks to health or safety.
2216 (4) Subject to Section 53A-20-108 , a school district or charter school shall coordinate
2217 the siting of a new school with the municipality in which the school is to be located, to:
2218 (a) avoid or mitigate existing and potential traffic hazards, including consideration of
2219 the impacts between the new school and future highways; and
2220 (b) to maximize school, student, and site safety.
2221 (5) Notwithstanding Subsection (3)(d), a municipality may, at its discretion:
2222 (a) provide a walk-through of school construction at no cost and at a time convenient to
2223 the district or charter school; and
2224 (b) provide recommendations based upon the walk-through.
2225 (6) (a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
2226 (i) a municipal building inspector;
2227 (ii) a school district building inspector; or
2228 (iii) an independent, certified building inspector who is:

2229 (A) not an employee of the contractor;
2230 (B) approved by a municipal building inspector or a school district building inspector;
2231 and
2232 (C) licensed to perform the inspection that the inspector is requested to perform.
2233 (b) The approval under Subsection (6)(a)(iii)(B) may not be unreasonably withheld.
2234 (c) If a school district or charter school uses an independent building inspector under
2235 Subsection (6)(a)(iii), the school district or charter school shall submit to the state
2236 superintendent of public instruction, on a monthly basis during construction of the school
2237 building, a copy of each inspection certificate regarding the school building.
2238 (7) (a) A charter school shall be considered a permitted use in all zoning districts
2239 within a municipality.
2240 (b) Each land use application for any approval required for a charter school, including
2241 an application for a building permit, shall be processed on a first priority basis.
2242 (c) Parking requirements for a charter school may not exceed the minimum parking
2243 requirements for schools or other institutional public uses throughout the municipality.
2244 (d) If a municipality has designated zones for a sexually oriented business, or a
2245 business which sells alcohol, a charter school may be prohibited from a location which would
2246 otherwise defeat the purpose for the zone unless the charter school provides a waiver.
2247 (e) (i) A school district or a charter school may seek a certificate authorizing permanent
2248 occupancy of a school building from:
2249 (A) the state superintendent of public instruction, as provided in Subsection
2250 53A-20-104 (3), if the school district or charter school used an independent building inspector
2251 for inspection of the school building; or
2252 (B) a municipal official with authority to issue the certificate, if the school district or
2253 charter school used a municipal building inspector for inspection of the school building.
2254 (ii) A school district may issue its own certificate authorizing permanent occupancy of
2255 a school building if it used its own building inspector for inspection of the school building,
2256 subject to the notification requirement of Subsection 53A-20-104 (3)(a)(ii).
2257 (iii) A charter school may seek a certificate authorizing permanent occupancy of a
2258 school building from a school district official with authority to issue the certificate, if the
2259 charter school used a school district building inspector for inspection of the school building.

2260 (iv) A certificate authorizing permanent occupancy issued by the state superintendent
2261 of public instruction under Subsection 53A-20-104 (3) or a school district official with authority
2262 to issue the certificate shall be considered to satisfy any municipal requirement for an
2263 inspection or a certificate of occupancy.
2264 Section 20. Section 11-2-1 is amended to read:
2265 11-2-1. Local authorities may designate and acquire property for playgrounds
2266 and recreational facilities.
2267 The governing body of any city, town, school district, [special] local district, special
2268 service district, or county may designate and set apart for use as playgrounds, athletic fields,
2269 gymnasiums, public baths, swimming pools, camps, indoor recreation centers, television
2270 transmission and relay facilities, or other recreational facilities, any lands, buildings or personal
2271 property owned by such cities, towns, counties, [special] local districts, special service districts,
2272 or school districts that may be suitable for such purposes; and may, in such manner as may be
2273 authorized and provided by law for the acquisition of lands or buildings for public purposes in
2274 such cities, towns, counties, [special] local districts, special service districts, and school
2275 districts, acquire lands, buildings, and personal property therein for such use; and may equip,
2276 maintain, operate and supervise the same, employing such play leaders, recreation directors,
2277 supervisors and other employees as it may deem proper. Such acquisition of lands, buildings
2278 and personal property and the equipping, maintaining, operating and supervision of the same
2279 shall be deemed to be for public, governmental and municipal purposes.
2280 Section 21. Section 11-13-103 is amended to read:
2281 11-13-103. Definitions.
2282 As used in this chapter:
2283 (1) "Additional project capacity" means electric generating capacity provided by a
2284 generating unit that first produces electricity on or after May 6, 2002 and that is constructed or
2285 installed at or adjacent to the site of a project that first produced electricity before May 6, 2002,
2286 regardless of whether:
2287 (a) the owners of the new generating unit are the same as or different from the owner of
2288 the project; and
2289 (b) the purchasers of electricity from the new generating unit are the same as or
2290 different from the purchasers of electricity from the project.

2291 (2) "Board" means the Permanent Community Impact Fund Board created by Section
2292 9-4-304 , and its successors.
2293 (3) "Candidate" means one or more of:
2294 (a) the state;
2295 (b) a county, municipality, school district, [special] local district, special service
2296 district, or other political subdivision of the state; and
2297 (c) a prosecution district.
2298 (4) "Commercial project entity" means a project entity, defined in Subsection (12),
2299 that:
2300 (a) has no taxing authority; and
2301 (b) is not supported in whole or in part by and does not expend or disburse tax
2302 revenues.
2303 (5) "Direct impacts" means an increase in the need for public facilities or services that
2304 is attributable to the project or facilities providing additional project capacity, except impacts
2305 resulting from the construction or operation of a facility that is:
2306 (a) owned by an owner other than the owner of the project or of the facilities providing
2307 additional project capacity; and
2308 (b) used to furnish fuel, construction, or operation materials for use in the project.
2309 (6) "Electric interlocal entity" means an interlocal entity described in Subsection
2310 11-13-203 (3).
2311 (7) "Energy services interlocal entity" means an interlocal entity that is described in
2312 Subsection 11-13-203 (4).
2313 (8) (a) "Estimated electric requirements," when used with respect to a qualified energy
2314 services interlocal entity, includes any of the following that meets the requirements of
2315 Subsection (8)(b):
2316 (i) generation capacity;
2317 (ii) generation output; or
2318 (iii) an electric energy production facility.
2319 (b) An item listed in Subsection (8)(a) is included in "estimated electric requirements"
2320 if it is needed by the qualified energy services interlocal entity to perform the qualified energy
2321 services interlocal entity's contractual or legal obligations to any of its members.

2322 (9) "Interlocal entity" means:
2323 (a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal
2324 entity; or
2325 (b) a separate legal or administrative entity created under Section 11-13-205 .
2326 (10) "Out-of-state public agency" means a public agency as defined in Subsection
2327 (13)(c), (d), or (e).
2328 (11) (a) "Project":
2329 (i) means an electric generation and transmission facility owned by a Utah interlocal
2330 entity or an electric interlocal entity; and
2331 (ii) includes fuel or fuel transportation facilities and water facilities owned by that Utah
2332 interlocal entity or electric interlocal entity and required for the generation and transmission
2333 facility.
2334 (b) "Project" includes a project entity's ownership interest in:
2335 (i) facilities that provide additional project capacity; and
2336 (ii) additional generating, transmission, fuel, fuel transportation, water, or other
2337 facilities added to a project.
2338 (12) "Project entity" means a Utah interlocal entity or an electric interlocal entity that
2339 owns a project.
2340 (13) "Public agency" means:
2341 (a) a city, town, county, school district, [special] local district, special service district,
2342 or other political subdivision of the state;
2343 (b) the state or any department, division, or agency of the state;
2344 (c) any agency of the United States;
2345 (d) any political subdivision or agency of another state or the District of Columbia
2346 including any interlocal cooperation or joint powers agency formed under the authority of the
2347 law of the other state or the District of Columbia; and
2348 (e) any Indian tribe, band, nation, or other organized group or community which is
2349 recognized as eligible for the special programs and services provided by the United States to
2350 Indians because of their status as Indians.
2351 (14) "Qualified energy services interlocal entity" means an energy services interlocal
2352 entity that at the time that the energy services interlocal entity acquires its interest in facilities

2353 providing additional project capacity has at least five members that are Utah public agencies.
2354 (15) "Utah interlocal entity":
2355 (a) means an interlocal entity described in Subsection 11-13-203 (2); and
2356 (b) includes a separate legal or administrative entity created under Chapter 47, Laws of
2357 Utah 1977, Section 3, as amended.
2358 (16) "Utah public agency" means a public agency under Subsection (13)(a) or (b).
2359 Section 22. Section 11-14-102 is amended to read:
2360 11-14-102. Definitions.
2361 For the purpose of this chapter:
2362 (1) "Bond" means any bond authorized to be issued under this chapter, including
2363 municipal bonds.
2364 (2) "Election results" has the same meaning as defined in Section 20A-1-102 .
2365 (3) "Governing body" means:
2366 (a) for a county, city, or town, the legislative body of the county, city, or town;
2367 (b) for [an independent special district or] a local district, the board of trustees of the
2368 [independent special district or] local district;
2369 (c) for a school district, the local board of education; or
2370 (d) for a special service district under Title 17A, Chapter 2, Part 13, Utah Special
2371 Service District Act:
2372 (i) the governing body of the county or municipality that created the special service
2373 district, if no administrative control board has been established under Section 17A-2-1326 ; or
2374 (ii) the administrative control board, if one has been established under Section
2375 17A-2-1326 and the power to issue bonds not payable from taxes has been delegated to the
2376 administrative control board.
2377 [(4) "Independent special district" means a district operating under Title 17A, Chapter
2378 2, Independent Special Districts.]
2379 [(5)] (4) "Local district" means a district operating under Title 17B, [Chapter 2,]
2380 Limited Purpose Local Government Entities - Local Districts.
2381 [(6)] (5) (a) "Local political subdivision" means a county, city, town, school district,
2382 [independent special district, or] local district, or special service district.
2383 (b) "Local political subdivision" does not include the state and its institutions.

2384 Section 23. Section 11-14a-1 is amended to read:
2385 11-14a-1. Notice of debt issuance.
2386 (1) For purposes of this chapter:
2387 (a) (i) "Debt" includes bonds, lease purchase agreements, certificates of participation,
2388 and contracts with municipal building authorities.
2389 (ii) "Debt" does not include tax and revenue anticipation notes or refunding bonds.
2390 (b) (i) "Local government entity" means a county, city, town, school district, [or
2391 special] local district, or special service district.
2392 (ii) "Local government entity" does not mean an entity created by an interlocal
2393 agreement under Title 11, Chapter 13, Interlocal Cooperation Act that has assets over
2394 $10,000,000.
2395 (c) "New debt resolution" means a resolution authorizing the issuance of debt wholly
2396 or partially to fund a rejected project.
2397 (d) "Rejected Project" means a project for which a local government entity sought
2398 voter approval for general obligation bond financing and failed to receive that approval.
2399 (2) Unless a local government entity complies with the requirements of this section, it
2400 may not adopt a new debt resolution.
2401 (3) (a) Before adopting a new debt resolution, a local government entity shall:
2402 (i) advertise its intent to issue debt in a newspaper of general circulation; or
2403 (ii) include notice of its intent to issue debt in a bill or other mailing sent to at least
2404 95% of the residents of the local government entity.
2405 (b) (i) The local government entity shall ensure that the advertisement is published at
2406 least once each week for the two weeks before the meeting at which the resolution will be
2407 considered on no less than a 1/4 page or a 5 x 7 inch advertisement with type size no smaller
2408 than 18 point and surrounded by a 1/4 inch border.
2409 (ii) The local government entity shall ensure that the notice:
2410 (A) is at least as large as the bill or other mailing that it accompanies;
2411 (B) is entitled, in type size no smaller than 24 point, "Intent to Issue Debt"; and
2412 (C) contains the information required by Subsection (c).
2413 (c) The local government entity shall ensure that the advertisement or notice:
2414 (i) identifies the local government entity;

2415 (ii) states that the entity will meet on a day, time, and place identified in the
2416 advertisement or notice to hear public comments regarding a resolution authorizing the
2417 issuance of debt by the entity and to explain to the public the reasons for the issuance of debt;
2418 (iii) contains:
2419 (A) the name of the entity that will issue the debt;
2420 (B) the purpose of the debt; and
2421 (C) that type of debt and the maximum principal amount that may be issued;
2422 (iv) invites all concerned citizens to attend the public hearing; and
2423 (v) states that some or all of the proposed debt would fund a project whose general
2424 obligation bond financing was rejected by the voters.
2425 (4) (a) The resolution considered at the hearing shall identify:
2426 (i) the type of debt proposed to be issued;
2427 (ii) the maximum principal amount that might be issued;
2428 (iii) the interest rate;
2429 (iv) the term of the debt; and
2430 (v) how the debt will be repaid.
2431 (b) (i) Except as provided in Subsection (ii), the resolution considered at the hearing
2432 need not be in final form and need not be adopted or rejected at the meeting at which the public
2433 hearing is held.
2434 (ii) The local government entity may not, in the final resolution, increase the maximum
2435 principal amount of debt contained in the notice and discussed at the hearing.
2436 (c) The local government entity may adopt, amend and adopt, or reject the resolution at
2437 a later meeting without recomplying with the published notice requirements of this section.
2438 Section 24. Section 11-27-2 is amended to read:
2439 11-27-2. Definitions.
2440 As used in this chapter:
2441 (1) "Advance refunding bonds" means refunding bonds issued for the purpose of
2442 refunding outstanding bonds in advance of their maturity.
2443 (2) "Assessments" means a special tax levied against property within a special
2444 improvement district to pay all or a portion of the costs of making improvements in the district.
2445 (3) "Bond" means any revenue bond, general obligation bond, tax increment bond,

2446 special improvement bond, or refunding bond.
2447 (4) "General obligation bond" means any bond, note, warrant, certificate of
2448 indebtedness, or other obligation of a public body payable in whole or in part from revenues
2449 derived from ad valorem taxes and that constitutes an indebtedness within the meaning of any
2450 applicable constitutional or statutory debt limitation.
2451 (5) "Governing body" means the council, commission, county legislative body, board
2452 of directors, board of trustees, board of education, board of regents, or other legislative body of
2453 a public body designated in this chapter that is vested with the legislative powers of the public
2454 body, and, with respect to the state, the State Bonding Commission created by Section
2455 63B-1-201 .
2456 (6) "Government obligations" means:
2457 (a) direct obligations of the United States of America, or other securities, the principal
2458 of and interest on which are unconditionally guaranteed by the United States of America; or
2459 (b) obligations of any state, territory, or possession of the United States, or of any of
2460 the political subdivisions of any state, territory, or possession of the United States, or of the
2461 District of Columbia described in Section 103(a), Internal Revenue Code of 1986.
2462 (7) "Issuer" means the public body issuing any bond or bonds.
2463 (8) "Public body" means the state or any agency, authority, instrumentality, or
2464 institution of the state, or any municipal or quasi-municipal corporation, political subdivision,
2465 agency, school district, [special] local district, special service district, or other governmental
2466 entity now or hereafter existing under the laws of the state.
2467 (9) "Refunding bonds" means bonds issued under the authority of this chapter for the
2468 purpose of refunding outstanding bonds.
2469 (10) "Resolution" means a resolution of the governing body of a public body taking
2470 formal action under this chapter.
2471 (11) "Revenue bond" means any bond, note, warrant, certificate of indebtedness, or
2472 other obligation for the payment of money issued by a public body or any predecessor of any
2473 public body and that is payable from designated revenues not derived from ad valorem taxes or
2474 from a special fund composed of revenues not derived from ad valorem taxes, but excluding all
2475 of the following:
2476 (a) any obligation constituting an indebtedness within the meaning of any applicable

2477 constitutional or statutory debt limitation;
2478 (b) any obligation issued in anticipation of the collection of taxes, where the entire
2479 issue matures not later than one year from the date of the issue; and
2480 (c) any special improvement bond.
2481 (12) "Special improvement bond" means any bond, note, warrant, certificate of
2482 indebtedness, or other obligation of a public body or any predecessor of any public body that is
2483 payable from assessments levied on benefitted property and from any special improvement
2484 guaranty fund.
2485 (13) "Special improvement guaranty fund" means any special improvement guaranty
2486 fund established under Title 10, Chapter 6, Uniform Fiscal Procedures Act for Utah Cities;
2487 Title 17A, Chapter 3, Part 2, County Improvement Districts Act; or any predecessor or similar
2488 statute.
2489 (14) "Tax increment bond" means any bond, note, warrant, certificate of indebtedness,
2490 or other obligation of a public body issued under authority of [Title 17A, Chapter 2, Part 16,
2491 Great Salt Lake Development Authority, or any similar statutes, including] Title 17C, Limited
2492 Purpose Local Government Entities - Community Development and Renewal Agencies.
2493 Section 25. Section 11-30-2 is amended to read:
2494 11-30-2. Definitions.
2495 As used in this chapter:
2496 (1) "Attorney general" means the attorney general of the state or one of his assistants.
2497 (2) "Bonds" means any evidence or contract of indebtedness that is issued or
2498 authorized by a public body, including, without limitation, bonds, refunding bonds, advance
2499 refunding bonds, bond anticipation notes, tax anticipation notes, notes, certificates of
2500 indebtedness, warrants, commercial paper, contracts, and leases, whether they are general
2501 obligations of the issuing public body or are payable solely from a specified source, including,
2502 but not limited to, annual appropriations by the public body.
2503 (3) "County attorney" means the county attorney of a county or one of his assistants.
2504 (4) "Lease" means any lease agreement, lease purchase agreement, and installment
2505 purchase agreement, and any certificate of interest or participation in any of the foregoing.
2506 Reference in this chapter to issuance of bonds includes execution and delivery of leases.
2507 (5) "Person" means any person, association, corporation, or other entity.

2508 (6) "Public body" means the state or any agency, authority, instrumentality, or
2509 institution of the state, or any county, municipality, quasi-municipal corporation, school
2510 district, [special] local district, special service district, political subdivision, or other
2511 governmental entity existing under the laws of the state, whether or not possessed of any taxing
2512 power. With respect to leases, public body, as used in this chapter, refers to the public body
2513 which is the lessee, or is otherwise the obligor with respect to payment under any such leases.
2514 (7) "Refunding bonds" means any bonds that are issued to refund outstanding bonds,
2515 including both refunding bonds and advance refunding bonds.
2516 (8) "State" means the state of Utah.
2517 (9) "Validity" means any matter relating to the legality and validity of the bonds and
2518 the security therefor, including, without limitation, the legality and validity of:
2519 (a) a public body's authority to issue and deliver the bonds;
2520 (b) any ordinance, resolution, or statute granting the public body authority to issue and
2521 deliver the bonds;
2522 (c) all proceedings, elections, if any, and any other actions taken or to be taken in
2523 connection with the issuance, sale, or delivery of the bonds;
2524 (d) the purpose, location, or manner of the expenditure of funds;
2525 (e) the organization or boundaries of the public body;
2526 (f) any assessments, taxes, rates, rentals, fees, charges, or tolls levied or that may be
2527 levied in connection with the bonds;
2528 (g) any lien, proceeding, or other remedy for the collection of those assessments, taxes,
2529 rates, rentals, fees, charges, or tolls;
2530 (h) any contract or lease executed or to be executed in connection with the bonds;
2531 (i) the pledge of any taxes, revenues, receipts, rentals, or property, or encumbrance
2532 thereon or security interest therein to secure the bonds; and
2533 (j) any covenants or provisions contained in or to be contained in the bonds. If any
2534 deed, will, statute, resolution, ordinance, lease, indenture, contract, franchise, or other
2535 instrument may have an effect on any of the aforementioned, validity also means a declaration
2536 of the validity and legality thereof and of rights, status, or other legal relations arising
2537 therefrom.
2538 Section 26. Section 11-31-2 is amended to read:

2539 11-31-2. Definitions.
2540 As used in this chapter:
2541 (1) "Bonds" means any evidence or contract of indebtedness that is issued or
2542 authorized by a public body, including, without limitation, bonds, refunding bonds, advance
2543 refunding bonds, bond anticipation notes, tax anticipation notes, notes, certificates of
2544 indebtedness, warrants, commercial paper, contracts, and leases, whether they are general
2545 obligations of the issuing public body or are payable solely from a specified source, including,
2546 but not limited to, annual appropriations by the public body.
2547 (2) "Legislative body" means, with respect to any action to be taken by a public body
2548 with respect to bonds, the board, commission, council, agency, or other similar body authorized
2549 by law to take legislative action on behalf of the public body, and in the case of the state, the
2550 Legislature, the state treasurer, the commission created under Section 63B-1-201 , and any other
2551 entities the Legislature designates.
2552 (3) "Public body" means the state and any public department, public agency, or other
2553 public entity existing under the laws of the state, including, without limitation, any agency,
2554 authority, instrumentality, or institution of the state, and any county, city, town, municipal
2555 corporation, quasi-municipal corporation, state university or college, school district, special
2556 service district [or other special], local district, [improvement district, water conservancy
2557 district, metropolitan water district, drainage district, irrigation district, fire protection district,]
2558 separate legal or administrative entity created under the Interlocal Cooperation Act or other
2559 joint agreement entity, [redevelopment] community development and renewal agency, and any
2560 other political subdivision, public authority, public agency, or public trust existing under the
2561 laws of the state.
2562 Section 27. Section 11-34-1 is amended to read:
2563 11-34-1. Definitions.
2564 As used in this chapter:
2565 (1) "Bonds" means any evidence or contract of indebtedness that is issued or
2566 authorized by a public body, including, without limitation, bonds, refunding bonds, advance
2567 refunding bonds, bond anticipation notes, tax anticipation notes, notes, certificates of
2568 indebtedness, warrants, commercial paper, contracts, and leases, whether they are general
2569 obligations of the issuing public body or are payable solely from a specified source, including,

2570 but not limited to, annual appropriations by the public body.
2571 (2) "Public body" means the state and any public department, public agency, or other
2572 public entity existing under the laws of the state, including, without limitation, any agency,
2573 authority, instrumentality, or institution of the state, and any county, city, town, municipal
2574 corporation, quasi-municipal corporation, state university or college, school district, special
2575 service district [or other special], local district, [improvement district, water conservancy
2576 district, metropolitan water district, drainage district, irrigation district, fire protection district,]
2577 separate legal or administrative entity created under the Interlocal Cooperation Act or other
2578 joint agreement entity, [redevelopment] community development and renewal agency, and any
2579 other political subdivision, public authority, public agency, or public trust existing under the
2580 laws of this state.
2581 Section 28. Section 11-36-102 is amended to read:
2582 11-36-102. Definitions.
2583 As used in this chapter:
2584 (1) "Building permit fee" means the fees charged to enforce the uniform codes adopted
2585 pursuant to Title 58, Chapter 56, Utah Uniform Building Standards Act, that are not greater
2586 than the fees indicated in the appendix to the International Building Code.
2587 (2) "Capital facilities plan" means the plan required by Section 11-36-201 .
2588 (3) "Development activity" means any construction or expansion of a building,
2589 structure, or use, any change in use of a building or structure, or any changes in the use of land
2590 that creates additional demand and need for public facilities.
2591 (4) "Development approval" means any written authorization from a local political
2592 subdivision that authorizes the commencement of development activity.
2593 (5) "Enactment" means:
2594 (a) a municipal ordinance, for municipalities;
2595 (b) a county ordinance, for counties; and
2596 (c) a governing board resolution, for [special] local districts or special service districts.
2597 (6) "Hookup fees" means reasonable fees, not in excess of the approximate average
2598 costs to the political subdivision, for services provided for and directly attributable to the
2599 connection to utility services, including gas, water, sewer, power, or other municipal, county,
2600 [or independent special] local district, or special service district utility services.

2601 (7) (a) "Impact fee" means a payment of money imposed upon development activity as
2602 a condition of development approval.
2603 (b) "Impact fee" does not mean a tax, a special assessment, a building permit fee, a
2604 hookup fee, a fee for project improvements, or other reasonable permit or application fee.
2605 (8) (a) "Local political subdivision" means a county, a municipality, [or a special] a
2606 local district created under Title [17A, Special Districts] 17B, Limited Purpose Local
2607 Government Entities - Local Districts, or a special service district under Title 17A, Chapter 2,
2608 Part 13, Utah Special Service District Act.
2609 (b) "Local political subdivision" does not mean school districts, whose impact fee
2610 activity is governed by Section 53A-20-100.5 .
2611 (9) "Private entity" means an entity with private ownership that provides culinary water
2612 that is required to be used as a condition of development.
2613 (10) (a) "Project improvements" means site improvements and facilities that are:
2614 (i) planned and designed to provide service for development resulting from a
2615 development activity; and
2616 (ii) necessary for the use and convenience of the occupants or users of development
2617 resulting from a development activity.
2618 (b) "Project improvements" does not mean system improvements.
2619 (11) "Proportionate share" means the cost of public facility improvements that are
2620 roughly proportionate and reasonably related to the service demands and needs of any
2621 development activity.
2622 (12) "Public facilities" means only the following capital facilities that have a life
2623 expectancy of ten or more years and are owned or operated by or on behalf of a local political
2624 subdivision or private entity:
2625 (a) water rights and water supply, treatment, and distribution facilities;
2626 (b) wastewater collection and treatment facilities;
2627 (c) storm water, drainage, and flood control facilities;
2628 (d) municipal power facilities;
2629 (e) roadway facilities;
2630 (f) parks, recreation facilities, open space, and trails; and
2631 (g) public safety facilities.

2632 (13) (a) "Public safety facility" means:
2633 (i) a building constructed or leased to house police, fire, or other public safety entities;
2634 or
2635 (ii) a fire suppression vehicle with a ladder reach of at least 75 feet, costing in excess of
2636 $1,250,000, that is necessary for fire suppression in commercial areas with one or more
2637 buildings at least five stories high.
2638 (b) "Public safety facility" does not mean a jail, prison, or other place of involuntary
2639 incarceration.
2640 (14) (a) "Roadway facilities" means streets or roads that have been designated on an
2641 officially adopted subdivision plat, roadway plan, or general plan of a political subdivision,
2642 together with all necessary appurtenances.
2643 (b) "Roadway facilities" includes associated improvements to federal or state roadways
2644 only when the associated improvements:
2645 (i) are necessitated by the new development; and
2646 (ii) are not funded by the state or federal government.
2647 (c) "Roadway facilities" does not mean federal or state roadways.
2648 (15) (a) "Service area" means a geographic area designated by a local political
2649 subdivision on the basis of sound planning or engineering principles in which a defined set of
2650 public facilities provide service within the area.
2651 (b) "Service area" may include the entire local political subdivision.
2652 (16) (a) "System improvements" means:
2653 (i) existing public facilities that are designed to provide services to service areas within
2654 the community at large; and
2655 (ii) future public facilities identified in a capital facilities plan that are intended to
2656 provide services to service areas within the community at large.
2657 (b) "System improvements" does not mean project improvements.
2658 Section 29. Section 11-36-201 is amended to read:
2659 11-36-201. Impact fees -- Analysis -- Capital facilities plan -- Notice of plan --
2660 Summary -- Exemptions.
2661 (1) (a) Each local political subdivision and private entity shall comply with the
2662 requirements of this chapter before establishing or modifying any impact fee.

2663 (b) A local political subdivision may not:
2664 (i) establish any new impact fees that are not authorized by this chapter; or
2665 (ii) impose or charge any other fees as a condition of development approval unless
2666 those fees are a reasonable charge for the service provided.
2667 (c) Notwithstanding any other requirements of this chapter, each local political
2668 subdivision shall ensure that each existing impact fee that is charged for any public facility not
2669 authorized by Subsection 11-36-102 (12) is repealed by July 1, 1995.
2670 (d) (i) Existing impact fees for public facilities authorized in Subsection 11-36-102 (12)
2671 that are charged by local political subdivisions need not comply with the requirements of this
2672 chapter until July 1, 1997.
2673 (ii) By July 1, 1997, each local political subdivision shall:
2674 (A) review any impact fees in existence as of the effective date of this act, and prepare
2675 and approve the analysis required by this section for each of those impact fees; and
2676 (B) ensure that the impact fees comply with the requirements of this chapter.
2677 (2) (a) Before imposing impact fees, each local political subdivision shall prepare a
2678 capital facilities plan.
2679 (b) (i) As used in this Subsection (2)(b):
2680 (A) (I) "Affected entity" means each county, municipality, [independent special district
2681 under Title 17A, Chapter 2, Independent Special Districts,] local district under Title 17B,
2682 [Chapter 2,] Limited Purpose Local Government Entities - Local Districts, special service
2683 district under Title 17A, Chapter 2, Part 13, Utah Special Service District Act, school district,
2684 interlocal cooperation entity established under Chapter 13, Interlocal Cooperation Act, and
2685 specified public utility:
2686 (Aa) whose services or facilities are likely to require expansion or significant
2687 modification because of the facilities proposed in the proposed capital facilities plan; or
2688 (Bb) that has filed with the local political subdivision or private entity a copy of the
2689 general or long-range plan of the county, municipality, [independent special district,] local
2690 district, special service district, school district, interlocal cooperation entity, or specified public
2691 utility.
2692 (II) "Affected entity" does not include the local political subdivision or private entity
2693 that is required under this Subsection (2) to provide notice.

2694 (B) "Specified public utility" means an electrical corporation, gas corporation, or
2695 telephone corporation, as those terms are defined in Section 54-2-1 .
2696 (ii) Before preparing a capital facilities plan for facilities proposed on land located
2697 within a county of the first or second class, each local political subdivision and each private
2698 entity shall provide written notice, as provided in this Subsection (2)(b), of its intent to prepare
2699 a capital facilities plan.
2700 (iii) Each notice under Subsection (2)(b)(ii) shall:
2701 (A) indicate that the local political subdivision or private entity intends to prepare a
2702 capital facilities plan;
2703 (B) describe or provide a map of the geographic area where the proposed capital
2704 facilities will be located;
2705 (C) be sent to:
2706 (I) each county in whose unincorporated area and each municipality in whose
2707 boundaries is located the land on which the proposed facilities will be located;
2708 (II) each affected entity;
2709 (III) the Automated Geographic Reference Center created in Section 63F-1-506 ;
2710 (IV) the association of governments, established pursuant to an interlocal agreement
2711 under Title 11, Chapter 13, Interlocal Cooperation Act, in which the facilities are proposed to
2712 be located; and
2713 (V) the state planning coordinator appointed under Section 63-38d-202 ; and
2714 (D) with respect to the notice to affected entities, invite the affected entities to provide
2715 information for the local political subdivision or private entity to consider in the process of
2716 preparing, adopting, and implementing a capital facilities plan concerning:
2717 (I) impacts that the facilities proposed in the capital facilities plan may have on the
2718 affected entity; and
2719 (II) facilities or uses of land that the affected entity is planning or considering that may
2720 conflict with the facilities proposed in the capital facilities plan.
2721 (c) The plan shall identify:
2722 (i) demands placed upon existing public facilities by new development activity; and
2723 (ii) the proposed means by which the local political subdivision will meet those
2724 demands.

2725 (d) Municipalities and counties need not prepare a separate capital facilities plan if the
2726 general plan required by Sections 10-9a-401 and 17-27a-401 contains the elements required by
2727 Subsection (2)(c).
2728 (e) (i) If a local political subdivision prepares an independent capital facilities plan
2729 rather than including a capital facilities element in the general plan, the local political
2730 subdivision shall, before adopting the capital facilities plan:
2731 (A) give public notice of the plan according to this Subsection (2)(e);
2732 (B) at least 14 days before the date of the public hearing:
2733 (I) make a copy of the plan, together with a summary designed to be understood by a
2734 lay person, available to the public; and
2735 (II) place a copy of the plan and summary in each public library within the local
2736 political subdivision; and
2737 (C) hold a public hearing to hear public comment on the plan.
2738 (ii) Municipalities shall comply with the notice and hearing requirements of, and,
2739 except as provided in Subsection 11-36-401 (4)(f), receive the protections of Sections
2740 10-9a-205 and 10-9a-801 and Subsection 10-9a-502 (2).
2741 (iii) Counties shall comply with the notice and hearing requirements of, and, except as
2742 provided in Subsection 11-36-401 (4)(f), receive the protections of Sections 17-27a-205 and
2743 17-27a-801 and Subsection 17-27a-502 (2).
2744 (iv) [Special] Local districts, special service districts, and private entities shall comply
2745 with the notice and hearing requirements of, and receive the protections of, Section
2746 [ 17A-1-203 ] 17B-1-111 .
2747 (v) Nothing contained in this Subsection (2)(e) or in the subsections referenced in
2748 Subsections (2)(e)(ii) and (iii) may be construed to require involvement by a planning
2749 commission in the capital facilities planning process.
2750 (f) (i) Local political subdivisions with a population or serving a population of less
2751 than 5,000 as of the last federal census need not comply with the capital facilities plan
2752 requirements of this part, but shall ensure that the impact fees imposed by them are based upon
2753 a reasonable plan.
2754 (ii) Subsection (2)(f)(i) does not apply to private entities.
2755 (3) In preparing the plan, each local political subdivision shall generally consider all

2756 revenue sources, including impact fees, to finance the impacts on system improvements.
2757 (4) A local political subdivision may only impose impact fees on development
2758 activities when its plan for financing system improvements establishes that impact fees are
2759 necessary to achieve an equitable allocation to the costs borne in the past and to be borne in the
2760 future, in comparison to the benefits already received and yet to be received.
2761 (5) (a) Each local political subdivision imposing impact fees shall prepare a written
2762 analysis of each impact fee that:
2763 (i) identifies the impact on system improvements required by the development activity;
2764 (ii) demonstrates how those impacts on system improvements are reasonably related to
2765 the development activity;
2766 (iii) estimates the proportionate share of the costs of impacts on system improvements
2767 that are reasonably related to the new development activity; and
2768 (iv) based upon those factors and the requirements of this chapter, identifies how the
2769 impact fee was calculated.
2770 (b) In analyzing whether or not the proportionate share of the costs of public facilities
2771 are reasonably related to the new development activity, the local political subdivision shall
2772 identify, if applicable:
2773 (i) the cost of existing public facilities;
2774 (ii) the manner of financing existing public facilities, such as user charges, special
2775 assessments, bonded indebtedness, general taxes, or federal grants;
2776 (iii) the relative extent to which the newly developed properties and the other
2777 properties in the municipality have already contributed to the cost of existing public facilities,
2778 by such means as user charges, special assessments, or payment from the proceeds of general
2779 taxes;
2780 (iv) the relative extent to which the newly developed properties and the other
2781 properties in the municipality will contribute to the cost of existing public facilities in the
2782 future;
2783 (v) the extent to which the newly developed properties are entitled to a credit because
2784 the municipality is requiring their developers or owners, by contractual arrangement or
2785 otherwise, to provide common facilities, inside or outside the proposed development, that have
2786 been provided by the municipality and financed through general taxation or other means, apart

2787 from user charges, in other parts of the municipality;
2788 (vi) extraordinary costs, if any, in servicing the newly developed properties; and
2789 (vii) the time-price differential inherent in fair comparisons of amounts paid at
2790 different times.
2791 (c) Each local political subdivision that prepares a written analysis under this
2792 Subsection (5) on or after July 1, 2000 shall also prepare a summary of the written analysis,
2793 designed to be understood by a lay person.
2794 (6) Each local political subdivision that adopts an impact fee enactment under Section
2795 11-36-202 on or after July 1, 2000 shall, at least 14 days before adopting the enactment, submit
2796 to each public library within the local political subdivision:
2797 (a) a copy of the written analysis required by Subsection (5)(a); and
2798 (b) a copy of the summary required by Subsection (5)(c).
2799 (7) Nothing in this chapter may be construed to repeal or otherwise eliminate any
2800 impact fee in effect on the effective date of this chapter that is pledged as a source of revenues
2801 to pay bonded indebtedness that was incurred before the effective date of this chapter.
2802 Section 30. Section 11-36-202 is amended to read:
2803 11-36-202. Impact fees -- Enactment -- Required provisions.
2804 (1) (a) Each local political subdivision wishing to impose impact fees shall pass an
2805 impact fee enactment.
2806 (b) The impact fee imposed by that enactment may not exceed the highest fee justified
2807 by the impact fee analysis performed pursuant to Section 11-36-201 .
2808 (c) In calculating the impact fee, each local political subdivision may include:
2809 (i) the construction contract price;
2810 (ii) the cost of acquiring land, improvements, materials, and fixtures;
2811 (iii) the cost for planning, surveying, and engineering fees for services provided for and
2812 directly related to the construction of the system improvements; and
2813 (iv) debt service charges, if the political subdivision might use impact fees as a revenue
2814 stream to pay the principal and interest on bonds, notes, or other obligations issued to finance
2815 the costs of the system improvements.
2816 (d) In calculating an impact fee, a local political subdivision may not include an
2817 expense for overhead unless the expense is calculated pursuant to a methodology that is

2818 consistent with:
2819 (i) generally accepted cost accounting practices; and
2820 (ii) the methodological standards set forth by the federal Office of Management and
2821 Budget for federal grant reimbursement.
2822 (e) In calculating an impact fee, each local political subdivision shall base amounts
2823 calculated under Subsection (1)(c) on realistic estimates, and the assumptions underlying those
2824 estimates shall be disclosed in the impact fee analysis.
2825 (f) In enacting an impact fee enactment:
2826 (i) municipalities shall:
2827 (A) make a copy of the impact fee enactment available to the public at least 14 days
2828 before the date of the public hearing; and
2829 (B) comply with the notice and hearing requirements of, and, except as provided in
2830 Subsection 11-36-401 (4)(f), receive the protections of Sections 10-9a-205 and 10-9a-801 ;
2831 (ii) counties shall:
2832 (A) make a copy of the impact fee enactment available to the public at least 14 days
2833 before the date of the public hearing; and
2834 (B) comply with the notice and hearing requirements of, and, except as provided in
2835 Subsection 11-36-401 (4)(f), receive the protections of Sections 17-27a-205 and 17-27a-801 ;
2836 and
2837 (iii) [special] local districts and special service districts, shall:
2838 (A) make a copy of the impact fee enactment available to the public at least 14 days
2839 before the date of the public hearing; and
2840 (B) comply with the notice and hearing requirements of, and receive the protections of,
2841 Section [ 17A-1-203 ] 17B-1-111 .
2842 (g) Nothing contained in Subsection (1)(f) or in the subsections referenced in
2843 Subsections (1)(f)(i)(B) and (ii)(B) may be construed to require involvement by a planning
2844 commission in the impact fee enactment process.
2845 (2) The local political subdivision shall ensure that the impact fee enactment contains:
2846 (a) a provision establishing one or more service areas within which it shall calculate
2847 and impose impact fees for various land use categories;
2848 (b) either:

2849 (i) a schedule of impact fees for each type of development activity that specifies the
2850 amount of the impact fee to be imposed for each type of system improvement; or
2851 (ii) the formula that the local political subdivision will use to calculate each impact fee;
2852 (c) a provision authorizing the local political subdivision to adjust the standard impact
2853 fee at the time the fee is charged to:
2854 (i) respond to unusual circumstances in specific cases; and
2855 (ii) ensure that the impact fees are imposed fairly; and
2856 (d) a provision governing calculation of the amount of the impact fee to be imposed on
2857 a particular development that permits adjustment of the amount of the fee based upon studies
2858 and data submitted by the developer.
2859 (3) The local political subdivision may include a provision in the impact fee enactment
2860 that:
2861 (a) exempts low income housing and other development activities with broad public
2862 purposes from impact fees and establishes one or more sources of funds other than impact fees
2863 to pay for that development activity;
2864 (b) imposes an impact fee for public facility costs previously incurred by a local
2865 political subdivision to the extent that new growth and development will be served by the
2866 previously constructed improvement; and
2867 (c) allows a credit against impact fees for any dedication of land for, improvement to,
2868 or new construction of, any system improvements provided by the developer if the facilities:
2869 (i) are identified in the capital facilities plan; and
2870 (ii) are required by the local political subdivision as a condition of approving the
2871 development activity.
2872 (4) Except as provided in Subsection (3)(b), the local political subdivision may not
2873 impose an impact fee to cure deficiencies in public facilities serving existing development.
2874 (5) Notwithstanding the requirements and prohibitions of this chapter, a local political
2875 subdivision may impose and assess an impact fee for environmental mitigation when:
2876 (a) the local political subdivision has formally agreed to fund a Habitat Conservation
2877 Plan to resolve conflicts with the Endangered Species Act of 1973, 16 U.S.C. Sec 1531, et seq.
2878 or other state or federal environmental law or regulation;
2879 (b) the impact fee bears a reasonable relationship to the environmental mitigation

2880 required by the Habitat Conservation Plan; and
2881 (c) the legislative body of the local political subdivision adopts an ordinance or
2882 resolution:
2883 (i) declaring that an impact fee is required to finance the Habitat Conservation Plan;
2884 (ii) establishing periodic sunset dates for the impact fee; and
2885 (iii) requiring the legislative body to:
2886 (A) review the impact fee on those sunset dates;
2887 (B) determine whether or not the impact fee is still required to finance the Habitat
2888 Conservation Plan; and
2889 (C) affirmatively reauthorize the impact fee if the legislative body finds that the impact
2890 fee must remain in effect.
2891 (6) Each political subdivision shall ensure that any existing impact fee for
2892 environmental mitigation meets the requirements of Subsection (5) by July 1, 1995.
2893 (7) Notwithstanding any other provision of this chapter:
2894 (a) a municipality imposing impact fees to fund fire trucks as of the effective date of
2895 this act may impose impact fees for fire trucks until July 1, 1997; and
2896 (b) an impact fee to pay for a public safety facility that is a fire suppression vehicle
2897 may not be imposed with respect to land that has a zoning designation other than commercial.
2898 (8) Notwithstanding any other provision of this chapter, a local political subdivision
2899 may impose and collect impact fees on behalf of a school district if authorized by Section
2900 53A-20-100.5 .
2901 Section 31. Section 11-36-501 is amended to read:
2902 11-36-501. Private entity assessment of impact fees -- Notice and hearing -- Audit.
2903 (1) A private entity may only impose a charge for public facilities as a condition of
2904 development approval by imposing an impact fee. A private entity shall comply with the
2905 requirements of this chapter before imposing an impact fee.
2906 (2) Except as otherwise specified in this chapter, a private entity is subject to the same
2907 requirements of this chapter as a local political subdivision.
2908 (3) Where notice and hearing requirements are specified, a private entity shall comply
2909 with the notice and hearing requirements for [special] local districts.
2910 (4) A private entity that assesses an impact fee under this chapter is subject to the audit

2911 requirements of Title 51, Chapter 2a, Accounting Reports from Political Subdivisions,
2912 Interlocal Organizations, and Other Local Entities Act.
2913 Section 32. Section 11-39-101 is amended to read:
2914 11-39-101. Definitions.
2915 As used in this chapter:
2916 (1) "Bid limit" means:
2917 (a) for a building improvement:
2918 (i) for the year 2003, $40,000; and
2919 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
2920 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
2921 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
2922 year; and
2923 (b) for a public works project:
2924 (i) for the year 2003, $125,000; and
2925 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
2926 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
2927 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
2928 year.
2929 (2) "Building improvement":
2930 (a) means the construction or repair of a public building or structure; and
2931 (b) does not include construction or repair at an international airport.
2932 (3) "Consumer Price Index" means the Consumer Price Index for All Urban
2933 Consumers as published by the Bureau of Labor Statistics of the United States Department of
2934 Labor.
2935 (4) "Design-build project":
2936 (a) means a building improvement or public works project costing over $250,000 with
2937 respect to which both the design and construction are provided for in a single contract with a
2938 contractor or combination of contractors capable of providing design-build services; and
2939 (b) does not include a building improvement or public works project:
2940 (i) that is undertaken by a local entity under contract with a construction manager that
2941 guarantees the contract price and is at risk for any amount over the contract price; and

2942 (ii) each component of which is competitively bid.
2943 (5) "Design-build services" means the engineering, architectural, and other services
2944 necessary to formulate and implement a design-build project, including its actual construction.
2945 (6) "Emergency repairs" means a building improvement or public works project
2946 undertaken on an expedited basis to:
2947 (a) eliminate an imminent risk of damage to or loss of public or private property;
2948 (b) remedy a condition that poses an immediate physical danger; or
2949 (c) reduce a substantial, imminent risk of interruption of an essential public service.
2950 [(7) "Independent special district" means an independent special district under Title
2951 17A, Chapter 2, Independent Special Districts, excluding a special service district under Title
2952 17A, Chapter 2, Part 13, Utah Special Service District Act.]
2953 [(8)] (7) "Local district" has the same meaning as defined in Section [ 17B-2-101 ]
2954 17B-1-102 .
2955 [(9)] (8) "Local entity" means a county, city, town, special district, or local district.
2956 [(10)] (9) "Lowest responsive responsible bidder" means a prime contractor who:
2957 (a) has submitted a bid in compliance with the invitation to bid and within the
2958 requirements of the plans and specifications for the building improvement or public works
2959 project;
2960 (b) is the lowest bidder that satisfies the local entity's criteria relating to financial
2961 strength, past performance, integrity, reliability, and other factors that the local entity uses to
2962 assess the ability of a bidder to perform fully and in good faith the contract requirements;
2963 (c) has furnished a bid bond or equivalent in money as a condition to the award of a
2964 prime contract; and
2965 (d) furnishes a payment and performance bond as required by law.
2966 [(11)] (10) "Procurement code" means the provisions of Title 63, Chapter 56, Utah
2967 Procurement Code.
2968 [(12)] (11) "Public works project":
2969 (a) means the construction of:
2970 (i) a park or recreational facility; or
2971 (ii) a pipeline, culvert, dam, canal, or other system for water, sewage, storm water, or
2972 flood control; and

2973 (b) does not include:
2974 (i) the replacement or repair of existing infrastructure on private property;
2975 (ii) construction commenced before June 1, 2003; and
2976 (iii) construction or repair at an international airport.
2977 [(13) "Special district" has the same meaning as defined in Section 17A-1-101 .]
2978 (12) "Special service district means a special service district under Title 17A, Chapter
2979 2, Part 13, Utah Special Service District Act.
2980 Section 33. Section 11-39-107 is amended to read:
2981 11-39-107. Procurement code.
2982 (1) This chapter may not be construed to:
2983 (a) prohibit a county legislative body from adopting the procedures of the procurement
2984 code; or
2985 (b) limit the application of the procurement code to a [special district or] local district
2986 or special service district.
2987 (2) (a) In seeking bids and awarding a contract for a building improvement or public
2988 works project, a county legislative body may elect to follow the provisions of the procurement
2989 code, as the county legislative body considers appropriate under the circumstances, for
2990 specification preparation, source selection, or contract formation.
2991 (b) A county legislative body's election to adopt the procedures of the procurement
2992 code may not excuse the county from complying with the requirements to award a contract for
2993 work in excess of the bid limit and to publish notice of the intent to award.
2994 (c) An election under Subsection (2)(a) may be made on a case-by-case basis, unless
2995 the county has previously adopted the procurement code as permitted by Subsection
2996 63-56-102 (3)(e).
2997 (d) The county legislative body shall:
2998 (i) make each election under Subsection (2)(a) in an open meeting; and
2999 (ii) specify in its action the portions of the procurement code to be followed.
3000 (3) If the estimated cost of the building improvement or public works project proposed
3001 by a [special district or] local district or special service district exceeds the bid limit, the
3002 [legislative body] board of trustees of the [special district or] local district or special service
3003 district may, if it determines to proceed with the building improvement or public works project,

3004 use the competitive procurement procedures of the procurement code in place of the
3005 comparable provisions of this chapter.
3006 Section 34. Section 11-40-101 is amended to read:
3007 11-40-101. Definitions.
3008 As used in this chapter:
3009 (1) "Applicant" means a person who seeks employment with a public water utility,
3010 either as an employee or as an independent contractor, and who, after employment, would, in
3011 the judgment of the public water utility, be in a position to affect the safety or security of the
3012 publicly owned treatment works or public water system or to affect the safety or well-being of
3013 patrons of the public water utility.
3014 (2) "Division" means the Criminal Investigation and Technical Services Division of the
3015 Department of Public Safety, established in Section 53-10-103 .
3016 (3) "Independent contractor":
3017 (a) means an engineer, contractor, consultant, or supplier who designs, constructs,
3018 operates, maintains, repairs, replaces, or provides water treatment or conveyance facilities or
3019 equipment, or related control or security facilities or equipment, to the public water utility; and
3020 (b) includes the employees and agents of the engineer, contractor, consultant, or
3021 supplier.
3022 (4) "Person seeking access" means a person who seeks access to a public water utility's
3023 public water system or publicly owned treatment works and who, after obtaining access, would,
3024 in the judgment of the public water utility, be in a position to affect the safety or security of the
3025 publicly owned treatment works or public water system or to affect the safety or well-being of
3026 patrons of the public water utility.
3027 (5) " Publicly owned treatment works" has the same meaning as defined in Section
3028 19-5-102 .
3029 (6) "Public water system" has the same meaning as defined in Section 19-4-102 .
3030 (7) "Public water utility" means a county, city, town, [independent special district
3031 under Title 17A, Chapter 2, Independent Special Districts,] local district under Title 17B,
3032 Chapter [2,] 1, Provisions Applicable to All Local Districts, special service district under Title
3033 17A, Chapter 2, Part 13, Utah Special Service District Act, or other political subdivision of the
3034 state that operates publicly owned treatment works or a public water system.

3035 Section 35. Section 11-42-101 is enacted to read:
3036 CHAPTER 42. ASSESSMENT AREA ACT
3037 Part 1. General Provisions
3038 11-42-101. Title.
3039 This chapter is known as the "Assessment Area Act."
3040 Section 36. Section 11-42-102 is enacted to read:
3041 11-42-102. Definitions.
3042 (1) "Adequate protests" means timely filed, written protests under Section 11-42-203
3043 that represent at least 50% of the frontage, area, taxable value, lots, number of connections, or
3044 equivalent residential units of the property proposed to be assessed, according to the same
3045 assessment method by which the assessment is proposed to be levied, after eliminating:
3046 (a) protests relating to:
3047 (i) property that has been deleted from a proposed assessment area; or
3048 (ii) an improvement that has been deleted from the proposed improvements to be
3049 provided to property within the proposed assessment area; and
3050 (b) protests that have been withdrawn under Subsection 11-42-203 (3).
3051 (2) "Assessment area" means an area, or, if more than one contiguous area is
3052 designated, the aggregate of all areas, that:
3053 (a) consists of some but not all of the property within a local entity's jurisdictional
3054 boundaries; and
3055 (b) is designated by a local entity under Part 2, Designating an Assessment Area, for
3056 the purpose of financing improvements, operation and maintenance costs, or economic
3057 promotion activities within the area.
3058 (3) "Assessment bonds" means bonds that are:
3059 (a) issued under Section 11-42-501 ; and
3060 (b) payable in part or in whole from assessments levied in an assessment area,
3061 improvement revenues, and a guaranty fund or reserve fund.
3062 (4) "Assessment fund" means a special fund that a local entity establishes under
3063 Section 11-42-412 .
3064 (5) "Assessment lien" means a lien on property within an assessment area that arises
3065 from the levy of an assessment, as provided in Section 11-42-411 .

3066 (6) "Assessment method" means the method by which an assessment is levied against
3067 property, whether by frontage, area, taxable value, lot, number of connections, equivalent
3068 residential unit, or any combination of these methods.
3069 (7) "Assessment ordinance" means an ordinance adopted by a local entity under
3070 Section 11-42-405 that levies an assessment on benefitted property within an assessment area.
3071 (8) "Assessment resolution" means a resolution adopted by a local entity under Section
3072 11-42-405 that levies an assessment on benefitted property within an assessment area.
3073 (9) "Benefitted property" means property within an assessment area that benefits from
3074 improvements in the assessment area.
3075 (10) "Bond anticipation notes" means notes issued under Section 11-42-606 in
3076 anticipation of the issuance of assessment bonds.
3077 (11) "Bonds" means assessment bonds and refunding assessment bonds.
3078 (12) "Commercial activities" means the interchange of goods or commodities.
3079 (13) "Connection fee" means a fee charged by a local entity to pay for the costs of
3080 connecting property to a publicly owned sewer, water, gas, telecommunications, or electrical
3081 system, whether or not improvements are installed on the property.
3082 (14) "Contract price" means:
3083 (a) the cost of acquiring an improvement, if the improvement is acquired; or
3084 (b) the amount payable to one or more contractors for the design, engineering,
3085 inspection, and construction of an improvement.
3086 (15) "Designation ordinance" means an ordinance adopted by a local entity under
3087 Section 11-42-205 designating an assessment area.
3088 (16) "Designation resolution" means a resolution adopted by a local entity under
3089 Section 11-42-205 designating an assessment area.
3090 (17) "Downtown area" means an area in which at least 75% of the property is devoted
3091 to commercial activities.
3092 (18) "Economic promotion activities" means activities that promote economic growth
3093 in a downtown area of a local entity, including:
3094 (a) sponsoring festivals and markets;
3095 (b) promoting business investment;
3096 (c) helping to coordinate public and private actions; and

3097 (d) developing and issuing publications designed to improve the economic well-being
3098 of the downtown area.
3099 (19) "Equivalent residential unit" means a dwelling, unit, or development that is equal
3100 to a single-family residence in terms of the nature of its use or impact on an improvement to be
3101 provided in the assessment area.
3102 (20) "Governing body" means:
3103 (a) for a county, city, or town, the legislative body of the county, city, or town;
3104 (b) for a local district, the board of trustees of the local district; and
3105 (c) for a special service district:
3106 (i) the legislative body of the county, city, or town that established the special service
3107 district, if no administrative control board has been appointed under Section 17A-2-1326 ; or
3108 (ii) the administrative control board of the special service district, if an administrative
3109 control board has been appointed under Section 17A-2-1326 .
3110 (21) "Guaranty fund" means the fund established by a local entity under Section
3111 11-42-701 .
3112 (22) "Improved property" means property proposed to be assessed within an
3113 assessment area upon which a residential, commercial, or other building has been built.
3114 (23) "Improvement" means any publicly owned infrastructure, system, or other facility
3115 that:
3116 (a) a local entity is authorized to provide; or
3117 (b) the governing body of a local entity determines is necessary or convenient to enable
3118 the local entity to provide a service that the local entity is authorized to provide.
3119 (24) "Improvement revenues" means:
3120 (a) charges, fees, impact fees, or other revenues that a local entity receives from
3121 improvements; and
3122 (b) does not include revenue from assessments.
3123 (25) "Incidental refunding costs" means any costs of issuing refunding assessment
3124 bonds and calling, retiring, or paying prior bonds, including:
3125 (a) legal and accounting fees;
3126 (b) charges of fiscal agents, escrow agents, and trustees;
3127 (c) underwriting discount costs, printing costs, the costs of giving notice;

3128 (d) any premium necessary in the calling or retiring of prior bonds;
3129 (e) fees to be paid to the local entity to issue the refunding assessment bonds and to
3130 refund the outstanding prior bonds;
3131 (f) any other costs that the governing body determines are necessary or desirable to
3132 incur in connection with the issuance of refunding assessment bonds; and
3133 (g) any interest on the prior bonds that is required to be paid in connection with the
3134 issuance of the refunding assessment bonds.
3135 (26) "Installment payment date" means the date on which an installment payment of an
3136 assessment is payable.
3137 (27) "Interim warrant" means a warrant issued by a local entity under Section
3138 11-42-605 .
3139 (28) "Jurisdictional boundaries" means:
3140 (a) for a county, the boundaries of the unincorporated area of the county; and
3141 (b) for each other local entity, the boundaries of the local entity.
3142 (29) "Local district" means a local district under Title 17B, Limited Purpose Local
3143 Government Entities - Local Districts.
3144 (30) "Local entity" means a county, city, town, special service district, or local district.
3145 (31) "Local entity obligations" means assessment bonds, refunding assessment bonds,
3146 interim warrants, and bond anticipation notes issued by a local entity.
3147 (31) "Mailing address" means:
3148 (a) a property owner's last-known address using the name and address appearing on the
3149 last completed real property assessment roll of the county in which the property is located; or
3150 (b) if the property is improved property:
3151 (i) the property's street number; or
3152 (ii) the post office box, rural route number, or other mailing address of the property, if
3153 a street number has not been assigned.
3154 (32) "Net improvement revenues" means all improvement revenues that a local entity
3155 has received since the last installment payment date, less all amounts payable by the local entity
3156 from those improvement revenues for operation and maintenance costs.
3157 (33) "Operation and maintenance costs" means the costs that a local entity incurs in
3158 operating and maintaining improvements in an assessment area, including service charges,

3159 administrative costs, ongoing maintenance charges, and tariffs or other charges for electrical,
3160 water, gas, or other utility usage.
3161 (34) "Optional facilities":
3162 (a) means facilities in an assessment area that:
3163 (i) can be conveniently installed at the same time as improvements in the assessment
3164 area; and
3165 (ii) are requested by a property owner on whose property or for whose benefit the
3166 improvements are being installed; and
3167 (b) includes private driveways, irrigation ditches, and water turnouts.
3168 (35) "Overhead costs" means the actual costs incurred or the estimated costs to be
3169 incurred by a local entity in connection with an assessment area for appraisals, legal fees, filing
3170 fees, financial advisory charges, underwriting fees, placement fees, escrow, trustee, and paying
3171 agent fees, publishing and mailing costs, costs of levying an assessment, recording costs, and
3172 all other incidental costs.
3173 (36) "Prior bonds" means the assessment bonds that are refunded in part or in whole by
3174 refunding assessment bonds.
3175 (37) "Prior assessment ordinance" means the ordinance levying the assessments from
3176 which the prior bonds are payable.
3177 (38) "Prior assessment resolution" means the resolution levying the assessments from
3178 which the prior bonds are payable.
3179 (39) "Project engineer" means the surveyor or engineer employed by or private
3180 consulting engineer engaged by a local entity to perform the necessary engineering services for
3181 and to supervise the construction or installation of the improvements.
3182 (40) "Property" includes real property and any interest in real property, including water
3183 rights, leasehold rights, and personal property related to the property.
3184 (41) "Property price" means the price at which a local entity purchases or acquires by
3185 eminent domain property to make improvements in an assessment area.
3186 (42) "Provide" or '"providing," with reference to an improvement, includes the
3187 acquisition, construction, reconstruction, maintenance, repair, operation, and expansion of an
3188 improvement.
3189 (43) "Public agency" means:

3190 (a) the state or any agency, department, or division of the state; and
3191 (b) a political subdivision of the state.
3192 (44) "Reduced payment obligation" means the full obligation of an owner of property
3193 within an assessment area to pay an assessment levied on the property after the assessment has
3194 been reduced because of the issuance of refunding assessment bonds, as provided in Section
3195 11-42-603 .
3196 (45) "Refunding assessment bonds" means assessment bonds that a local entity issues
3197 under Section 11-42-603 to refund, in part or in whole, assessment bonds.
3198 (46) "Reserve fund" means a fund established by a local entity under Section
3199 11-42-702 .
3200 (47) "Service" means water, sewer, garbage collection, library, recreation, or electric
3201 service, economic promotion activities, or any other service that a local entity is required or
3202 authorized to provide.
3203 (48) "Special service district" means a special service district under Title 17A, Chapter
3204 2, Part 13, Utah Special Service District Act.
3205 (49) "Unimproved property" means property upon which no residential, commercial, or
3206 other building has been built.
3207 (50) "Voluntary assessment area" means an assessment area that contains only property
3208 whose owners have voluntarily consented to an assessment.
3209 Section 37. Section 11-42-103 is enacted to read:
3210 11-42-103. Limit on effect of this chapter.
3211 Nothing in this chapter may be construed to authorize a local entity to provide an
3212 improvement or service that the local entity is not otherwise authorized to provide.
3213 Section 38. Section 11-42-104 is enacted to read:
3214 11-42-104. Waiver by land owners -- Requirements.
3215 (1) The owners of property to be assessed within an assessment area may waive:
3216 (a) the prepayment period under Subsection 11-42-411 (6);
3217 (b) a procedure that a local entity is required to follow to:
3218 (i) designate an assessment area; or
3219 (ii) levy an assessment; or
3220 (c) a period to contest a local entity action.

3221 (2) Each waiver under this section shall:
3222 (a) be in writing;
3223 (b) be signed by all the owners of property to be assessed within the assessment area;
3224 (c) describe the prepayment period, procedure, or contest period being waived;
3225 (d) state that the owners waive the prepayment period, procedure, or contest period;
3226 and
3227 (e) state that the owners consent to the local entity taking the required action to waive
3228 the prepayment period, procedure, or contest period.
3229 Section 39. Section 11-42-105 is enacted to read:
3230 11-42-105. This chapter does not limit other local entity powers -- Resolution of a
3231 conflict with other statutory provisions.
3232 (1) This chapter may not be construed to limit a power that a local entity has under
3233 other applicable law to:
3234 (a) make an improvement or provide a service;
3235 (b) create a district;
3236 (c) levy an assessment or tax; or
3237 (d) issue bonds or refunding bonds.
3238 (2) If there is a conflict between a provision of this chapter and any other statutory
3239 provision, the provision of this chapter governs.
3240 Section 40. Section 11-42-106 is enacted to read:
3241 11-42-106. Action to contest assessment or proceeding -- Requirements --
3242 Exclusive remedy -- Bond incontestable.
3243 (1) A person who contests an assessment or any proceeding to designate an assessment
3244 area or levy an assessment may commence a civil action against the local entity to set aside a
3245 proceeding or enjoin the levy or collection of an assessment.
3246 (2) (a) Each action under Subsection (1) shall be commenced in the district court with
3247 jurisdiction in the county in which the assessment area is located.
3248 (b) An action under Subsection (1) may not be commenced against and a summons
3249 relating to the action may not be served on the local entity more than 30 days after the effective
3250 date of the assessment resolution or ordinance or, in the case of an amendment, the amended
3251 resolution or ordinance.

3252 (3) (a) An action under this section is the exclusive remedy of a person who claims an
3253 error or irregularity in an assessment or in any proceeding to designate an assessment area or
3254 levy an assessment.
3255 (b) A court may not hear any complaint that a person was authorized to make but did
3256 not make in a protest under Section 11-42-203 or at a hearing under Section 11-42-204 .
3257 (4) An assessment or a proceeding to designate an assessment area or to levy an
3258 assessment may not be declared invalid or set aside in part or in whole because of an error or
3259 irregularity that does not go to the equity or justice of the assessment or proceeding.
3260 (5) After the expiration of the 30-day period referred to in Subsection (2)(b):
3261 (a) assessment bonds and refunding assessment bonds issued or to be issued with
3262 respect to an assessment area and assessments levied on property in the assessment area
3263 become at that time incontestable against all persons who have not commenced an action and
3264 served a summons as provided in this section; and
3265 (b) a suit to enjoin the issuance or payment of assessment bonds or refunding
3266 assessment bonds, the levy, collection, or enforcement of an assessment, or to attack or
3267 question in any way the legality of assessment bonds, refunding assessment bonds, or an
3268 assessment may not be commenced, and a court may not inquire into those matters.
3269 Section 41. Section 11-42-107 is enacted to read:
3270 11-42-107. Accepting donation or contribution.
3271 A local entity may accept any donation or contribution from any source for the payment
3272 or the making of an improvement in an assessment area.
3273 Section 42. Section 11-42-108 is enacted to read:
3274 11-42-108. Utility connections before paving or repaving is done -- Failure to
3275 make connection.
3276 (1) The governing body may require:
3277 (a) that before paving or repaving is done within an assessment area, all water, gas,
3278 sewer, and underground electric and telecommunications connections be made under the
3279 regulations and at the distances from the street mains to the line of the property abutting on the
3280 street to be paved or repaved that the local entity prescribes by resolution or ordinance; and
3281 (b) the water company owning the water pipe main, the gas company owning the gas
3282 pipe main, and the electric or telecommunications company owning the underground electric or

3283 telecommunications facilities to make the connections.
3284 (2) Upon the failure of a water company, gas company, or electric or
3285 telecommunications company to make a required connection:
3286 (a) the local entity may cause the connection to be made; and
3287 (b) (i) the cost that the local entity incurs in making the connection shall be deducted
3288 from the amount of any debt the local entity owes to the company; and
3289 (ii) the local entity may not pay a bill from the company until all the cost has been
3290 offset as provided in Subsection (2)(b)(i).
3291 Section 43. Section 11-42-109 is enacted to read:
3292 11-42-109. Severability.
3293 A court's invalidation of any provision of this chapter may not be considered to affect
3294 the validity of any other provision of this chapter.
3295 Section 44. Section 11-42-201 is enacted to read:
3296 Part 2. Designating an Assessment Area
3297 11-42-201. Resolution or ordinance designating an assessment area -- Zones
3298 within an assessment area -- Preconditions to adoption of a resolution or ordinance.
3299 (1) (a) Subject to the requirements of this part, a local entity intending to levy an
3300 assessment on property to pay some or all of the cost of providing improvements benefitting
3301 the property may adopt a resolution or ordinance designating an assessment area.
3302 (b) A designation resolution or ordinance may divide the assessment area into zones to
3303 allow the governing body to levy a different level of assessment in each zone to reflect more
3304 fairly the benefits that property within the different zones is expected to receive because of the
3305 proposed improvement.
3306 (c) The boundaries of a proposed assessment area may include property that is not
3307 intended to be assessed.
3308 (2) Before adopting a designation resolution or ordinance, the governing body of the
3309 local entity shall:
3310 (a) give notice as provided in Section 11-42-202 ;
3311 (b) receive and consider all protests filed under Section 11-42-203 ; and
3312 (c) hold a public hearing as provided in Section 11-42-204 .
3313 Section 45. Section 11-42-202 is enacted to read:

3314 11-42-202. Notice of a proposed assessment area designation.
3315 (1) Each notice required under Subsection 11-42-201 (2)(a) shall:
3316 (a) state that the local entity proposes to:
3317 (i) designate one or more areas within the local entity's jurisdictional boundaries as an
3318 assessment area;
3319 (ii) provide an improvement to property within the proposed assessment area; and
3320 (iii) finance some or all of the cost of improvements by an assessment on benefitted
3321 property within the assessment area;
3322 (b) describe the proposed assessment area by any reasonable method that allows an
3323 owner of property in the proposed assessment area to determine that the owner's property is
3324 within the proposed assessment area;
3325 (c) describe, in a general way, the improvements to be provided to the assessment area,
3326 including:
3327 (i) the general nature of the improvements; and
3328 (ii) the general location of the improvements, by reference to streets or portions or
3329 extensions of streets or by any other means that the governing body chooses that reasonably
3330 describes the general location of the improvements;
3331 (d) a statement of the estimated cost of the improvements as determined by a project
3332 engineer;
3333 (e) a statement that the local entity proposes to levy an assessment on benefitted
3334 property within the assessment area to pay some or all of the cost of the improvements
3335 according to the estimated direct and indirect benefits to the property from the improvements;
3336 (f) a statement of the assessment method by which the assessment is proposed to be
3337 levied;
3338 (g) a statement of the time within which and the location at which protests against
3339 designation of the proposed assessment area or of the proposed improvements are required to
3340 be filed and the method by which the number of protests required to defeat the designation of
3341 the proposed assessment area or acquisition or construction of the proposed improvements are
3342 to be determined;
3343 (h) state the date, time, and place of the public hearing under Section 11-42-204 ;
3344 (i) if the governing body elects to create and fund a reserve fund under Section

3345 11-42-702 , a description of how the reserve fund will be funded and replenished and how
3346 remaining money in the reserve fund is to be disbursed upon full payment of the bonds;
3347 (j) if the governing body intends to designate a voluntary assessment area, a property
3348 owner consent form that:
3349 (i) estimates the total assessment to be levied against the particular parcel of property;
3350 (ii) describes any additional benefits that the governing body expects the assessed
3351 property to receive from the improvements; and
3352 (iii) designates the date and time by which the fully executed consent form is required
3353 to be submitted to the governing body;
3354 (k) if the local entity intends to levy an assessment to pay operation and maintenance
3355 costs or for economic promotion activities:
3356 (i) a description of the operation and maintenance costs or economic promotion
3357 activities to be paid by assessments and the initial estimated annual assessment to be levied;
3358 (ii) a description of how the estimated assessment will be determined;
3359 (iii) a description of how and when the governing body will adjust the assessment to
3360 reflect current operation and maintenance costs or the costs of current economic promotion
3361 activities;
3362 (iv) a description of the method of assessment if different from the method of
3363 assessment to be used for financing any improvement; and
3364 (v) a statement of the maximum number of years over which the assessment for
3365 operation and maintenance or economic promotion activities will be levied; and
3366 (l) if the governing body intends to divide the proposed assessment area into zones
3367 under Subsection 11-42-201 (1)(b), a description of the proposed zones.
3368 (2) A notice required under Subsection 11-42-201 (2)(a) may contain other information
3369 that the governing body considers to be appropriate, including:
3370 (a) the amount or proportion of the cost of the improvement to be paid by the local
3371 entity or from sources other than an assessment;
3372 (b) the estimated amount of each type of assessment for the various improvements to
3373 be financed according to the method of assessment that the governing body chooses; and
3374 (c) provisions for any optional improvements.
3375 (3) Each notice required under Subsection 11-42-201 (2)(a) shall:

3376 (a) (i) be published in a newspaper of general circulation within the local entity's
3377 jurisdictional boundaries, once a week for four consecutive weeks, with the last publication at
3378 least five but not more than 20 days before the deadline under Section 11-42-203 for filing
3379 protests; or
3380 (ii) if there is no newspaper of general circulation within the local entity's jurisdictional
3381 boundaries, be posted in at least three public places within the local entity's jurisdictional
3382 boundaries at least 20 but not more than 35 days before the deadline under Section 11-42-203
3383 for filing protests; and
3384 (b) be mailed, postage prepaid, within ten days after the first publication or posting of
3385 the notice under Subsection (3)(a) to each owner of property to be assessed within the proposed
3386 assessment area at the property owner's mailing address.
3387 Section 46. Section 11-42-203 is enacted to read:
3388 11-42-203. Protests.
3389 (1) An owner of property that is proposed to be included within an assessment area
3390 may, within the time specified in the notice under Section 11-42-202 , file a written protest
3391 against:
3392 (a) the designation of the assessment area;
3393 (b) the inclusion of the owner's property in the proposed assessment area;
3394 (c) the proposed improvements to be acquired or constructed; or
3395 (d) any other aspect of the proposed designation of an assessment area.
3396 (2) Each protest under Subsection (1)(a) shall describe or otherwise identify the
3397 property owned by the person filing the protest.
3398 (3) An owner may withdraw a protest at any time before the conclusion of the hearing
3399 under Section 11-42-204 by filing a written withdrawal with the governing body.
3400 (4) If the governing body intends to assess property within the proposed assessment
3401 area by type of improvement or by zone, the governing body shall, in determining whether
3402 adequate protests have been filed, aggregate the protests by the type of improvement or by
3403 zone.
3404 (5) The failure of an owner of property within the proposed assessment area to file a
3405 timely written protest constitutes a waiver of any objection to:
3406 (a) the designation of the assessment area;

3407 (b) any improvement to be provided to property within the assessment area; and
3408 (c) the inclusion of the owner's property within the assessment area.
3409 Section 47. Section 11-42-204 is enacted to read:
3410 11-42-204. Hearing.
3411 (1) On the date and at the time and place specified in the notice under Section
3412 11-42-202 , the governing body shall hold a public hearing.
3413 (2) The governing body may continue the public hearing from time to time to a fixed
3414 future date and time.
3415 (3) At the public hearing, the governing body shall:
3416 (a) hear all objections to the designation of the proposed assessment area or the
3417 improvements proposed to be provided in the assessment area;
3418 (b) hear all persons desiring to be heard; and
3419 (c) consider all protests filed under Section 11-42-203 .
3420 (4) The governing body may make changes in:
3421 (a) improvements proposed to be provided to the proposed assessment area; or
3422 (b) the area or areas proposed to be included within the proposed assessment area.
3423 Section 48. Section 11-42-205 is enacted to read:
3424 11-42-205. Adoption of a resolution or ordinance regarding a proposed
3425 assessment area -- Designation of an assessment area may not occur if adequate protests
3426 filed -- Recording of resolution or ordinance and notice of proposed assessment.
3427 (1) After holding a public hearing under Section 11-42-204 and considering protests
3428 filed under Section 11-42-203 , and subject to Subsection (3), the governing body shall adopt a
3429 resolution or ordinance:
3430 (a) abandoning the proposal to designate an assessment area; or
3431 (b) designating an assessment area as described in the notice under Section 11-42-202
3432 or with the changes made as authorized under Subsection 11-42-204 (4).
3433 (2) If the notice under Section 11-42-202 indicates that the proposed assessment area is
3434 a voluntary assessment area, the governing body shall:
3435 (a) delete from the proposed assessment area all property whose owners have not
3436 submitted an executed consent form consenting to inclusion of the owner's property in the
3437 proposed assessment area; and

3438 (b) determine whether to designate a voluntary assessment area, after considering:
3439 (i) the amount of the proposed assessment to be levied on the property within the
3440 voluntary assessment area; and
3441 (ii) the benefits that property within the voluntary assessment area will receive from
3442 improvements proposed to be financed by assessments on the property.
3443 (3) If adequate protests have been filed, the governing body may not designate an
3444 assessment area as described in the notice under Section 11-42-202 .
3445 (4) (a) If the governing body adopts a designation resolution or ordinance designating
3446 an assessment area, the governing body shall, within 15 days after adopting the designation
3447 resolution or ordinance:
3448 (i) record the original or certified copy of the designation resolution or ordinance in the
3449 office of the recorder of the county in which property within the assessment area is located; and
3450 (ii) file with the recorder of the county in which property within the assessment area is
3451 located a notice of proposed assessment that:
3452 (A) states that the local entity has designated an assessment area; and
3453 (B) lists, by legal description and tax identification number, the property proposed to
3454 be assessed.
3455 (b) A governing body's failure to comply with the requirements of Subsection (4)(a)
3456 does not invalidate the designation of an assessment area.
3457 (5) After the adoption of a designation resolution or ordinance under Subsection (1)(b),
3458 the local entity may begin providing the specified improvements.
3459 Section 49. Section 11-42-206 is enacted to read:
3460 11-42-206. Adding property to an assessment area.
3461 (1) A local entity may add to a designated assessment area property to be benefitted
3462 and assessed if:
3463 (a) construction of the improvements in the assessment area has not been completed;
3464 and
3465 (b) the governing body:
3466 (i) finds that the inclusion of the property will not adversely affect the owners of
3467 property already in the assessment area;
3468 (ii) obtains from each owner of property to be added and benefitted a written consent

3469 that contains:
3470 (A) the owner's consent to:
3471 (I) the owner's property being added to the assessment area; and
3472 (II) the making of the proposed improvements with respect to the owner's property;
3473 (B) the legal description and tax identification number of the property to be added; and
3474 (C) the owner's waiver of any right to protest the creation of the assessment area;
3475 (iii) amends the designation resolution or ordinance to include the added property; and
3476 (iv) within 15 days after amending the designation resolution or ordinance:
3477 (A) records in the office of the recorder of the county in which the added property is
3478 located the original or certified copy of the amended designation resolution or ordinance
3479 containing the legal description and tax identification number of each additional parcel of
3480 property added to the assessment area and proposed to be assessed; and
3481 (B) gives written notice to the property owner of the inclusion of the owner's property
3482 in the assessment area.
3483 (2) The failure of a local entity's governing body to comply with the requirement of
3484 Subsection (1)(b)(iv) does not affect the validity of the amended designation resolution or
3485 ordinance.
3486 (3) Except as provided in this section, a local entity may not add to an assessment area
3487 land not included in a notice under Section 11-42-202 , or provide for making improvements
3488 that are not stated in the notice, unless the local entity gives notice as provided in Section
3489 11-42-202 and holds a hearing as required under Section 11-42-203 as to the added land or
3490 additional improvements.
3491 Section 50. Section 11-42-301 is enacted to read:
3492 Part 3. Contracts for Improvements
3493 11-42-301. Improvements made only under contract let to lowest responsible
3494 bidder -- Publishing notice -- Sealed bids -- Procedure -- Exceptions to contract
3495 requirement.
3496 (1) Except as otherwise provided in this section, a local entity may make improvements
3497 in an assessment area only under contract let to the lowest responsible bidder for the kind of
3498 service, material, or form of construction that the local entity's governing body determines in
3499 compliance with any applicable local entity ordinances.

3500 (2) A local entity may:
3501 (a) divide improvements into parts;
3502 (b) (i) let separate contracts for each part; or
3503 (ii) combine multiple parts into the same contract; and
3504 (c) let a contract on a unit basis.
3505 (3) (a) A local entity may not let a contract until after publishing notice as provided in
3506 Subsection (3)(b) at least one time in a newspaper of general circulation within the boundaries
3507 of the local entity at least 15 days before the date specified for receipt of bids.
3508 (b) Each notice under Subsection (3)(a) shall notify contractors that the local entity will
3509 receive sealed bids at a specified time and place for the construction of the improvements.
3510 (c) Notwithstanding a local entity's failure, through inadvertence or oversight, to
3511 publish the notice or to publish the notice within 15 days before the date specified for receipt of
3512 bids, the local entity's governing body may proceed to let a contract for the improvements if the
3513 local entity receives at least three sealed and bona fide bids from contractors by the time
3514 specified for the receipt of bids.
3515 (d) A local entity may publish a notice required under this Subsection (3) at the same
3516 time as a notice under Section 11-42-202 .
3517 (4) (a) A local entity may accept as a sealed bid a bid that is:
3518 (i) manually sealed and submitted; or
3519 (ii) electronically sealed and submitted.
3520 (b) The local entity's governing body or project engineer shall, at the time specified in
3521 the notice under Subsection (3), open and examine the bids.
3522 (c) In open session, the governing body:
3523 (i) shall publicly declare the bids; and
3524 (ii) may reject any or all bids if the governing body considers the rejection to be for the
3525 public good.
3526 (d) The local entity may award the contract to the lowest and best responsible bidder
3527 even if the price bid by that bidder exceeds the estimated costs as determined by the local
3528 entity's project engineer.
3529 (e) A local entity may in any case:
3530 (i) refuse to award a contract and obtain new bids after giving a new notice under

3531 Subsection (3); or
3532 (ii) determine to abandon the assessment area or not make some of the improvements
3533 proposed to be made.
3534 (5) (a) A local entity is not required to let a contract as provided in this section for:
3535 (i) an improvement or part of an improvement the cost of which or the making of
3536 which is donated or contributed;
3537 (ii) an improvement that consists of furnishing utility service or maintaining
3538 improvements;
3539 (iii) labor, materials, or equipment supplied by the local entity;
3540 (iv) the local entity's acquisition of completed or partially completed improvements in
3541 an assessment area;
3542 (v) design, engineering, and inspection costs incurred with respect to the construction
3543 of improvements in an assessment area; or
3544 (vi) additional work performed in accordance with the terms of a contract duly let to
3545 the lowest responsible bidder.
3546 (b) A local entity may not acquire completed or partially completed improvements.
3547 (6) The provisions of Title 11, Chapter 39, Building Improvements and Public Works
3548 Projects, and Section 72-6-108 do not apply to improvements to be constructed in an
3549 assessment area.
3550 Section 51. Section 11-42-302 is enacted to read:
3551 11-42-302. Contracts for work in an assessment area -- Sources of payment --
3552 Payments as work progresses.
3553 (1) A contract for work in an assessment area or for the purchase of property required
3554 to make an improvement in an assessment area may require the contract obligation to be paid
3555 from proceeds from the sale of assessment bonds, interim warrants, or bond anticipation notes.
3556 (2) (a) To the extent that a contract is not paid from the sources stated in Subsection
3557 (1), the local entity shall advance funds to pay the contract obligation from other legally
3558 available money, according to the requirements of the contract.
3559 (b) A local entity may reimburse itself for an amount paid from its general fund or
3560 other funds under Subsection (2)(a) from:
3561 (i) the proceeds from the sale of assessment bonds, interim warrants, or bond

3562 anticipation notes; or
3563 (ii) assessments or improvement revenues that are not pledged for the payment of
3564 assessment bonds, interim warrants, or bond anticipation notes.
3565 (c) A local entity may not reimburse itself for costs of making an improvement that are
3566 properly chargeable to the local entity or for which an assessment may not be levied.
3567 (3) (a) A contract for work in an assessment area may provide for payments to the
3568 contractor as the work progresses.
3569 (b) If a contract provides for periodic payments:
3570 (i) periodic payments may not exceed 90% of the value of the work done to the date of
3571 the payment, as determined by estimates of the local entity's project engineer; and
3572 (ii) a final payment may be made only after the contractor has completed the work and
3573 the local entity has accepted the work.
3574 (c) If a local entity retains money payable to a contractor as the work progresses, the
3575 local entity shall retain or withhold and release the money as provided in Section 13-8-5 .
3576 Section 52. Section 11-42-401 is enacted to read:
3577 Part 4. Assessments
3578 11-42-401. Levying an assessment.
3579 (1) A local entity may levy an assessment against property within an assessment area as
3580 provided in this part.
3581 (2) Before a governing body may adopt a resolution or ordinance levying an
3582 assessment against property within an assessment area:
3583 (a) the governing body shall:
3584 (i) subject to Subsection (3), prepare an assessment list designating:
3585 (A) each parcel of property proposed to be assessed; and
3586 (B) the amount of the assessment to be levied against the property;
3587 (ii) appoint a board of equalization as provided in Section 11-42-404 ; and
3588 (iii) give notice as provided in Section 11-42-403 ; and
3589 (b) the board of equalization, appointed under Section 11-42-404 , shall hold hearings,
3590 make any corrections to assessments it considers appropriate, and report its findings to the
3591 governing body as provided in Section 11-42-404 .
3592 (3) An assessment list under Subsection (2)(a)(i) may be prepared at any time after:

3593 (a) the estimated or actual operation and maintenance costs have been determined, if
3594 the assessment is to pay operation and maintenance costs;
3595 (b) the light service has commenced, if the assessment is to pay for light service;
3596 (c) the park maintenance has commenced, if the assessment is to pay for park
3597 maintenance;
3598 (d) adoption of a resolution or ordinance under Section 11-42-205 , if the assessment is
3599 to pay for economic promotion activities; or
3600 (e) for any other assessment, the governing body has determined:
3601 (i) the estimated or actual acquisition and construction costs of all proposed
3602 improvements within the assessment area, including overhead costs and authorized
3603 contingencies;
3604 (ii) the estimated or actual property price for all property to be acquired to provide the
3605 proposed improvements; and
3606 (iii) the reasonable cost of any work to be done by the local entity.
3607 (4) A local entity may levy an assessment for some or all of the cost of improvements
3608 within an assessment area, including payment of:
3609 (a) operation and maintenance costs of improvements constructed within the
3610 assessment area;
3611 (b) the actual cost that the local entity pays for utility services furnished or for
3612 maintenance of improvements provided by another or, if the local entity itself furnishes utility
3613 service or maintains improvements, for the reasonable cost of supplying the service or
3614 maintenance;
3615 (c) the reasonable cost of supplying labor, materials, or equipment in connection with
3616 improvements; and
3617 (d) the reasonable cost of connection fees or the cost of any sewer, water, gas, electric,
3618 or telecommunications connections if the local entity owns or supplies these services, to the
3619 depth that the local entity's governing body considers just and equitable.
3620 (5) A local entity may not levy an assessment for an amount donated or contributed for
3621 an improvement or part of an improvement.
3622 (6) The validity of an otherwise valid assessment is not affected because the actual cost
3623 of improvements exceeds the estimated cost.

3624 Section 53. Section 11-42-402 is enacted to read:
3625 11-42-402. Unimproved property.
3626 (1) A local entity may not levy an assessment on property within an assessment area
3627 over 50% of which consists of unimproved property unless the local entity:
3628 (a) has obtained an appraisal of the unimproved property from an appraiser who is a
3629 member of the Appraisal Institute, verifying that the market value of the property, after
3630 completion of the proposed improvements, is at least three times the amount of the assessment
3631 proposed to be levied against the unimproved property;
3632 (b) has obtained from each owner of unimproved property:
3633 (i) financial information acceptable to the governing body demonstrating the owner's
3634 ability to pay the proposed assessment; or
3635 (ii) a financial institution's commitment securing, to the governing body's satisfaction,
3636 the owner's obligation to pay the proposed assessment; and
3637 (c) has prepared a development plan, approved by a qualified, independent third party,
3638 describing the plan of development and the financial feasibility of the plan, taking into account
3639 growth trends, absorption studies, and other demographic information applicable to the
3640 unimproved property.
3641 (2) Information that an owner provides to a local entity under Subsection (1)(b)(i) is
3642 not a record for purposes of Title 63, Chapter 2, Government Records Access and Management
3643 Act.
3644 Section 54. Section 11-42-403 is enacted to read:
3645 11-42-403. Notice of assessment and board of equalization hearing.
3646 Each notice required under Subsection 11-42-401 (2)(a)(iii) shall:
3647 (1) state:
3648 (a) that an assessment list is completed and available for examination at the offices of
3649 the local entity;
3650 (b) the total estimated or actual cost of the improvements;
3651 (c) the amount of the total estimated or actual cost of the proposed improvements to be
3652 paid by the local entity;
3653 (d) the amount of the assessment to be levied against benefitted property within the
3654 assessment area;

3655 (e) the assessment method used to calculate the proposed assessment;
3656 (f) the unit cost used to calculate the assessments shown on the assessment list, based
3657 on the assessment method used to calculate the proposed assessment; and
3658 (g) the dates, times, and place of the board of equalization hearings under Subsection
3659 11-42-401 (2)(b);
3660 (2) beginning at least 20 but not more than 35 days before the first hearing of the board
3661 of equalization:
3662 (a) be published at least once in a newspaper of general circulation within the local
3663 entity's jurisdictional boundaries; or
3664 (b) if there is no newspaper of general circulation within the local entity's jurisdictional
3665 boundaries, be posted in at least three public places within the local entity's jurisdictional
3666 boundaries; and
3667 (3) be mailed, postage prepaid, within ten days after the first publication or posting of
3668 the notice under Subsection (2) to each owner of property to be assessed within the proposed
3669 assessment area at the property owner's mailing address.
3670 Section 55. Section 11-42-404 is enacted to read:
3671 11-42-404. Board of equalization.
3672 (1) After preparing an assessment list under Subsection 11-42-401 (2)(a)(i), the
3673 governing body shall appoint a board of equalization.
3674 (2) Each board of equalization under this section shall, at the option of the governing
3675 body, consist of:
3676 (a) three or more members of the governing body;
3677 (b) (i) two members of the governing body; and
3678 (ii) (A) a representative of the treasurer's office of the local entity; or
3679 (B) a representative of the office of the local entity's engineer or, in the case of a
3680 special service district or local district, project engineer; or
3681 (c) (i) one member of the governing body;
3682 (ii) a representative of the treasurer's office of the local entity; and
3683 (iii) a representative of the office of the local entity's engineer or, in the case of a
3684 special service district or local district, project engineer.
3685 (3) (a) The board of equalization shall hold hearings on at least three consecutive days

3686 for at least one hour per day between 9 a.m. and 9 p.m., as specified in the notice under Section
3687 11-42-403 .
3688 (b) The board of equalization may continue a hearing from time to time to a specific
3689 place and a specific hour and day until the board's work is completed.
3690 (c) At each hearing, the board of equalization shall hear arguments from any person
3691 who claims to be aggrieved, including arguments relating to:
3692 (i) the direct or indirect benefits accruing to a tract, block, lot, or parcel of property in
3693 the assessment area; or
3694 (ii) the amount of the proposed assessment against the tract, block, lot, or parcel.
3695 (4) (a) After the hearings under Subsection (3) are completed, the board of equalization
3696 shall:
3697 (i) consider all facts and arguments presented at the hearings; and
3698 (ii) make any corrections in the proposed assessment that the board considers just and
3699 equitable.
3700 (b) A correction under Subsection (4)(a)(ii) may:
3701 (i) eliminate one or more pieces of property from the assessment list; or
3702 (ii) increase or decrease the amount of the assessment proposed to be levied against a
3703 parcel of property.
3704 (c) (i) If the board of equalization makes a correction under Subsection (4)(a)(ii) that
3705 results in an increase of a proposed assessment, the board shall, before approving a corrected
3706 assessment list:
3707 (A) give notice as provided in Subsection (4)(c)(ii);
3708 (B) hold a hearing at which the owner whose assessment is proposed to be increased
3709 may appear and object to the proposed increase; and
3710 (C) after holding a hearing, make any further corrections that the board considers just
3711 and equitable with respect to the proposed increased assessment.
3712 (ii) Each notice required under Subsection (4)(c)(i)(A) shall:
3713 (A) state:
3714 (I) that the property owner's assessment is proposed to be increased;
3715 (II) the amount of the proposed increased assessment;
3716 (III) that a hearing will be held at which the owner may appear and object to the

3717 increase; and
3718 (IV) the date, time, and place of the hearing; and
3719 (B) be mailed, at least 15 days before the date of the hearing, to each owner of property
3720 as to which the assessment is proposed to be increased at the property owner's mailing address.
3721 (5) (a) After the board of equalization has held all hearings required by this section and
3722 has made all corrections the board considers just and equitable, the board shall report to the
3723 governing body its findings that:
3724 (i) each parcel of property within the assessment area will be directly or indirectly
3725 benefitted in an amount not less than the assessment to be levied against the property; and
3726 (ii) except as provided in Subsection 11-42-409 (6), no parcel of property on the
3727 assessment list will bear more than its proportionate share of the cost of the improvements
3728 benefitting the property.
3729 (b) The board of equalization shall mail a copy of the board's final report to each
3730 property owner who objected at the board hearings to the assessment proposed to be levied
3731 against the property owner's property at the property owner's mailing address.
3732 (6) (a) If a board of equalization includes members other than the governing body of
3733 the local entity, a property owner may appeal a decision of the board to the governing body by
3734 filing with the governing body a written notice of appeal within 15 days after the board's final
3735 report is mailed to property owners under Subsection (5)(b).
3736 (b) Except as provided in Subsection (6)(a), no appeal may be taken from the findings
3737 of a board of equalization.
3738 (7) The findings of a board of equalization are final:
3739 (a) when approved by the governing body, if no appeal is allowed under Subsection
3740 (6); or
3741 (b) after the time for appeal under Subsection (6) is passed, if an appeal is allowed
3742 under that Subsection.
3743 (8) (a) If a governing body has levied an assessment to pay operation and maintenance
3744 costs within an assessment area, the governing body may periodically appoint a new board of
3745 equalization to review assessments for operation and maintenance costs.
3746 (b) Each board of equalization appointed under Subsection (8)(a) shall comply with the
3747 requirements of Subsections (3) through (6).

3748 (9) The failure of an owner of property within the assessment area to appear before the
3749 board of equalization to object to the levy of the assessment constitutes a waiver of all
3750 objections to the levy, except an objection that the governing body failed to obtain jurisdiction
3751 to order that the improvements which the assessment is intended to pay be provided to the
3752 assessment area.
3753 Section 56. Section 11-42-405 is enacted to read:
3754 11-42-405. Adoption of a resolution or ordinance levying an assessment -- Notice
3755 of the adoption -- Effective date of resolution or ordinance -- Notice of assessment
3756 interest.
3757 (1) (a) After receiving a final report from a board of equalization under Subsection
3758 11-42-404 (5) or, if applicable, after the time for filing an appeal under Subsection
3759 11-42-404 (6) has passed, the governing body may adopt a resolution or ordinance levying an
3760 assessment against benefitted property within the assessment area.
3761 (b) Each local entity that levies an assessment under this chapter shall levy the
3762 assessment at one time only, unless the assessment is to pay operation and maintenance costs
3763 or the costs of economic promotion activities.
3764 (c) An assessment resolution or ordinance adopted under Subsection (1)(a):
3765 (i) need not describe each tract, block, lot, part of block or lot, or parcel of property to
3766 be assessed;
3767 (ii) need not include the legal description or tax identification number of the parcels of
3768 property assessed in the assessment area; and
3769 (iii) is adequate for purposes of identifying the property to be assessed within the
3770 assessment area if the assessment resolution or ordinance incorporates by reference the
3771 corrected assessment list that describes the property assessed by legal description and tax
3772 identification number.
3773 (2) (a) Each local entity that adopts an assessment resolution or ordinance shall give
3774 notice of the adoption by:
3775 (i) publishing a copy of the resolution or ordinance once in a newspaper of general
3776 circulation within the local entity's jurisdictional boundaries; or
3777 (ii) if there is no newspaper of general circulation with the local entity's jurisdictional
3778 boundaries, posting a copy of the resolution or ordinance in at least three public places within

3779 the local entity's jurisdictional boundaries for at least 21 days.
3780 (b) No other publication or posting of the resolution or ordinance is required.
3781 (3) Notwithstanding any other statutory provision regarding the effective date of a
3782 resolution or ordinance, each assessment resolution or ordinance takes effect:
3783 (a) on the date of publication or posting of the notice under Subsection (2); or
3784 (b) at a later date provided in the resolution or ordinance.
3785 (4) (a) The governing body of each local entity that has adopted an assessment
3786 resolution or ordinance under Subsection (1) shall, within five days after the 25-day
3787 prepayment period under Subsection 11-42-411 (5) has passed, file a notice of assessment
3788 interest with the recorder of the county in which the assessed property is located.
3789 (b) Each notice of assessment interest under Subsection (4)(a) shall:
3790 (i) state that the local entity has an assessment interest in the assessed property;
3791 (ii) if the assessment is to pay operation and maintenance costs or for economic
3792 promotion activities, state the maximum number of years over which an assessment will be
3793 payable; and
3794 (iii) describe the property assessed by legal description and tax identification number.
3795 (c) A local entity's failure to file a notice of assessment interest under this Subsection
3796 (4) has no affect on the validity of an assessment levied under an assessment resolution or
3797 ordinance adopted under Subsection (1).
3798 Section 57. Section 11-42-406 is enacted to read:
3799 11-42-406. Limit on amount of assessment -- Costs required to be paid by the local
3800 entity.
3801 (1) An assessment levied within an assessment area may not, in the aggregate, exceed
3802 the sum of:
3803 (a) the contract price or estimated contract price;
3804 (b) the acquisition price of improvements;
3805 (c) the reasonable cost of:
3806 (i) (A) utility services, maintenance, and operation, to the extent permitted by
3807 Subsection 11-42-401 (4); and
3808 (B) labor, materials, or equipment supplied by the local entity; or
3809 (ii) economic promotion activities;

3810 (d) the price or estimated price of purchasing property;
3811 (e) any connection fees;
3812 (f) estimated interest on interim warrants and bond anticipation notes issued with
3813 respect to an assessment area;
3814 (g) overhead costs not to exceed 15% of the sum of Subsections (1)(a), (b), (c), and (e);
3815 (h) an amount for contingencies of not more than 10% of the sum of Subsections (1)(a)
3816 and (c), if the assessment is levied before construction of the improvements in the assessment
3817 area is completed;
3818 (i) an amount sufficient to fund a reserve fund, if the governing body creates and funds
3819 a reserve fund as provided in Section 11-42-702 ;
3820 (j) operation and maintenance costs; and
3821 (k) 1/2 the cost of grading changes as provided in Section 11-42-407 .
3822 (2) Each local entity providing an improvement in an assessment area shall pay, from
3823 improvement revenues not pledged to the payment of bonds and any other legally available
3824 money:
3825 (a) overhead costs for which an assessment cannot be levied;
3826 (b) the costs of providing an improvement for which an assessment was not levied, if
3827 the assessment is levied before construction of the improvement in the assessment area is
3828 completed; and
3829 (c) the acquisition and constructions costs of an improvement for the benefit of
3830 property against which an assessment may not be levied.
3831 Section 58. Section 11-42-407 is enacted to read:
3832 11-42-407. Improvements that change the grade of an existing street, alley, or
3833 sidewalk -- Improvements that improve an intersection or spaces opposite an alley.
3834 (1) If an improvement in an assessment area involves changing the grade of an existing
3835 street, alley, or sidewalk, the local entity shall pay half of the cost of bringing the street, alley,
3836 or sidewalk to the established grade.
3837 (2) If an improvement in an assessment area improves an intersection of streets or
3838 spaces opposite an alley, the local entity may levy an assessment against other properties in the
3839 improvement district for the cost of the improvement.
3840 Section 59. Section 11-42-408 is enacted to read:

3841 11-42-408. Assessment against government land prohibited -- Exception.
3842 (1) (a) Except as provided in Subsection (2), a local entity may not levy an assessment
3843 against property owned by the federal government or a public agency, even if the property
3844 benefits from the improvement.
3845 (b) Notwithstanding Subsection (1)(a), a public agency may contract with a local
3846 entity:
3847 (i) for the local entity to provide an improvement to property owned by the public
3848 agency; and
3849 (ii) to pay for the improvement provided by the local entity.
3850 (c) Nothing in this section may be construed to prevent a local entity from imposing on
3851 and collecting from a public agency, or a public agency from paying, a reasonable charge for a
3852 service rendered or material supplied by the local entity to the public agency, including a
3853 charge for water, sewer, or lighting service.
3854 (2) Notwithstanding Subsection (1):
3855 (a) a local entity may continue to levy and enforce an assessment against property
3856 acquired by a public agency within an assessment area if the acquisition occurred after the
3857 assessment area was designated; and
3858 (b) property that is subject to an assessment lien at the time it is acquired by a public
3859 agency continues to be subject to the lien and to enforcement of the lien if the assessment and
3860 interest on the assessment are not paid when due.
3861 Section 60. Section 11-42-409 is enacted to read:
3862 11-42-409. Assessment requirements.
3863 (1) (a) Each local entity that levies an assessment under this chapter shall levy the
3864 assessment on each block, lot, tract, or parcel of property that borders, is adjacent to, or
3865 benefits from an improvement:
3866 (i) to the extent that the improvement directly or indirectly benefits the property; and
3867 (ii) to whatever depth on the parcel of property that the governing body determines,
3868 including the full depth.
3869 (b) The validity of an otherwise valid assessment is not affected by the fact that the
3870 benefit to the property from the improvement:
3871 (i) is only indirect; or

3872 (ii) does not increase the fair market value of the property.
3873 (2) The assessment method a governing body uses to calculate an assessment may be
3874 according to frontage, area, taxable value, lot, number of connections, equivalent residential
3875 unit, or any combination of these methods, as the governing body considers fair and equitable.
3876 (3) In calculating assessments, a governing body may:
3877 (a) use different methods for different improvements in an assessment area; and
3878 (b) assess different amounts in different zones, even when using the same method, if
3879 acquisition or construction costs differ from zone to zone.
3880 (4) (a) Each local entity shall make an allowance for each corner lot receiving the same
3881 improvement on both sides so that the property is not assessed at the full rate on both sides.
3882 (b) A local entity may allocate a corner lot allowance under Subsection (4)(a) to all
3883 other benefitted property within the assessment area by increasing the assessment levied
3884 against the other property.
3885 (5) (a) Assessments shall be uniform and equal according to the benefit to the
3886 benefitted property from the improvement.
3887 (b) To comply with Subsection (5)(a), a local entity may levy assessments within
3888 zones.
3889 (6) A local entity may levy an assessment that would otherwise violate a provision of
3890 this chapter if the owners of all property to be assessed enter into a written agreement with the
3891 local entity consenting to the assessment.
3892 Section 61. Section 11-42-410 is enacted to read:
3893 11-42-410. Amending an assessment resolution or ordinance.
3894 (1) A governing body may adopt a resolution or ordinance amending the original
3895 assessment resolution or ordinance adopted under Section 11-42-405 to:
3896 (a) correct a deficiency, omission, error, or mistake:
3897 (i) with respect to:
3898 (A) the total cost of an improvement;
3899 (B) operation and maintenance costs; or
3900 (C) the cost of economic promotion activities; or
3901 (ii) that results in a tract, lot, block, or parcel not being fully assessed or assessed in an
3902 incorrect amount;

3903 (b) reallocate or adjust assessments under the original assessment resolution or
3904 ordinance for operation and maintenance costs or the costs of economic promotion activities;
3905 (c) reallocate or adjust assessments under the original assessment resolution or
3906 ordinance; or
3907 (d) reduce an assessment as a result of the issuance of refunding bonds.
3908 (2) If an amendment under Subsection (1)(a) results in an increase in an assessment,
3909 the governing body shall comply with the notice requirements of Section 11-42-403 .
3910 Section 62. Section 11-42-411 is enacted to read:
3911 11-42-411. Providing for assessments to be paid in installments.
3912 (1) (a) In an assessment resolution or ordinance, the governing body may, subject to
3913 Subsection (1)(b), provide that some or all of the assessment be paid in installments over a
3914 period not to exceed 20 years from the effective date of the resolution or ordinance.
3915 (b) If an assessment resolution or ordinance provides that some or all of the assessment
3916 be paid in installments for a period exceeding ten years from the effective date of the resolution
3917 or ordinance, the governing body:
3918 (i) shall make a determination that:
3919 (A) the improvement for which the assessment is made has a reasonable useful life for
3920 the full period during which installments are to be paid; or
3921 (B) it would be in the best interests of the local entity and the property owners for
3922 installments to be paid for more than ten years; and
3923 (ii) may provide in the resolution or ordinance that no assessment is payable during
3924 some or all of the period ending three years after the effective date of the resolution or
3925 ordinance.
3926 (2) An assessment resolution or ordinance that provides for the assessment to be paid
3927 in installments may provide that the unpaid balance be paid over the period of time that
3928 installments are payable:
3929 (a) in substantially equal installments of principal; or
3930 (b) in substantially equal installments of principal and interest.
3931 (3) (a) Each assessment resolution or ordinance that provides for the assessment to be
3932 paid in installments shall, subject to Subsections (3)(b) and (c), provide that the unpaid balance
3933 of the assessment bear interest at a fixed rate, variable rate, or a combination of fixed and

3934 variable rates, as determined by the governing body, from the effective date of the resolution or
3935 ordinance or another date specified in the resolution or ordinance.
3936 (b) If the assessment is for operation and maintenance costs or for the costs of
3937 economic promotion activities:
3938 (i) a local entity may charge interest only from the date each installment is due; and
3939 (ii) the first installment of an assessment shall be due 15 days after the effective date of
3940 the assessment resolution or ordinance.
3941 (c) If an assessment resolution or ordinance provides for the unpaid balance of the
3942 assessment to bear interest at a variable rate, the assessment resolution or ordinance shall
3943 specify:
3944 (i) the basis upon which the rate is to be determined from time to time;
3945 (ii) the manner in which and schedule upon which the rate is to be adjusted; and
3946 (iii) a maximum rate that the assessment may bear.
3947 (4) Interest payable on assessments may include:
3948 (a) interest on assessment bonds;
3949 (b) ongoing local entity costs incurred for administration of the assessment area;
3950 (c) any costs incurred with respect to:
3951 (i) securing a letter of credit or other instrument to secure payment or repurchase of
3952 bonds; or
3953 (ii) retaining a marketing agent or an indexing agent.
3954 (5) Interest imposed in an assessment resolution or ordinance shall be paid in addition
3955 to the amount of each installment annually or at more frequent intervals as provided in the
3956 assessment resolution or ordinance.
3957 (6) (a) A property owner may pay an assessment payable in installments before the due
3958 date of any installment only as provided in this Subsection (6).
3959 (b) The property owner may pay the entire assessment without interest if the entire
3960 assessment is paid within 25 days after the assessment resolution or ordinance takes effect.
3961 (c) After the 25-day period stated in Subsection (6)(b), a property owner may pay an
3962 unpaid installment, in whole or in part, before the date on which it becomes due if the
3963 assessment resolution or ordinance so provides.
3964 Section 63. Section 11-42-412 is enacted to read:

3965 11-42-412. Assessment fund -- Uses of money in the fund -- Treasurer's duties
3966 with respect to the fund.
3967 (1) The governing body of each local entity that levies an assessment under this part on
3968 benefitted property within an assessment area shall establish an assessment fund.
3969 (2) The governing body shall:
3970 (a) deposit into the assessment fund all money paid to the local entity from assessments
3971 and interest on assessments; and
3972 (b) deposit into a separate account in the assessment fund all money paid to the local
3973 entity from improvement revenues.
3974 (3) Money in an assessment fund may be expended only for paying:
3975 (a) the local entity's costs and expenses of making, operating, and maintaining
3976 improvements to the extent permitted under Section 11-42-415 ;
3977 (b) local entity obligations; and
3978 (c) costs that the local entity incurs with respect to:
3979 (i) administration of the assessment area; or
3980 (ii) obtaining a letter of credit or other instrument or fund to secure the payment of
3981 assessment bonds.
3982 (4) The treasurer of the local entity :
3983 (a) shall:
3984 (i) subject to Subsection (4)(b)(i), be the custodian of the assessment fund;
3985 (ii) keep the assessment fund intact and separate from all other local entity funds and
3986 money;
3987 (iii) invest money in an assessment fund by following the procedures and requirements
3988 of Title 51, Chapter 7, State Money Management Act; and
3989 (iv) keep on deposit in the assessment fund any interest received from the investment
3990 of money in the assessment fund and use the interest exclusively for the purposes for which the
3991 assessment fund was established; and
3992 (b) may:
3993 (i) arrange for the assessment fund to be held by a trustee bank on behalf of the local
3994 entity; and
3995 (ii) pay money out of the assessment fund only for the purposes listed in Subsection

3996 (3).
3997 (5) When all local entity obligations have been paid or legally considered paid in full,
3998 the treasurer of the local entity shall transfer all money remaining in the assessment fund as
3999 provided in Section 11-42-414 .
4000 Section 64. Section 11-42-413 is enacted to read:
4001 11-42-413. Surplus assessments -- Payment of bonds -- Rebate of assessment if
4002 improvements abandoned.
4003 (1) As used in this section:
4004 (a) "Current owner" means the owner of property at the time a rebate under this section
4005 is paid.
4006 (b) "Last-known address" means the last address of an owner of property within an
4007 assessment area according to the last completed real property assessment roll of the county in
4008 which the property is located.
4009 (c) "Net assessment" means the amount of an assessment after subtracting:
4010 (i) the amount required to pay for any improvements that have been made prior to their
4011 being abandoned; and
4012 (ii) any damages or costs related to an abandonment of improvements.
4013 (2) (a) If the total cost of completed and accepted improvements is less than the total
4014 amount of assessments levied for those improvements, the local entity shall place the surplus in
4015 the assessment fund.
4016 (b) If a local entity issues assessment bonds before a surplus under Subsection (2)(a) is
4017 determined, the local entity shall hold the surplus in the assessment fund and use the surplus
4018 for the payment of the bonds, interest, and any penalties and costs.
4019 (3) If a local entity abandons improvements in an assessment area before the
4020 improvements have been started or, if started, before they have been completed and accepted
4021 but after an assessment has been levied, the local entity shall rebate the net assessment to the
4022 current owner.
4023 Section 65. Section 11-42-414 is enacted to read:
4024 11-42-414. Remaining interest and other money in assessment fund to be
4025 transferred to the guaranty fund or the local entity's general fund.
4026 The treasurer of each local entity that collects interest from the investment of an

4027 assessment fund or that receives penalties, costs, and other amounts for the benefit and credit
4028 of an assessment that remain after all local entity obligations are paid in full and cancelled shall
4029 transfer the remaining amount to the guaranty fund or the local entity's general fund.
4030 Section 66. Section 11-42-415 is enacted to read:
4031 11-42-415. Improvement revenues.
4032 (1) A local entity may, by resolution adopted by the governing body, provide for the
4033 pledge and use of any improvement revenues to pay:
4034 (a) some or all of the costs and expenses of making, operating, and maintaining
4035 improvements, to the extent permitted under this chapter; and
4036 (b) some or all of the principal of and interest on assessment bonds, interim warrants,
4037 and bond anticipation notes issued against the assessment area to make improvements within
4038 the assessment area.
4039 (2) (a) If the governing body adopts a resolution under Subsection (1), the local entity:
4040 (i) may:
4041 (A) provide for assessments to be levied in the full amount of the estimated cost of the
4042 improvements, as determined by a project engineer;
4043 (B) agree to use installment payments from assessments to pay the costs of the
4044 improvements and to pay principal of and interest on any assessment bonds, interim warrants,
4045 and bond anticipation notes when due; and
4046 (C) reduce installment payments, as provided in Subsection (2)(a)(ii), if the local entity
4047 receives net improvement revenues and pledges them to pay operation and maintenance costs
4048 of the improvements and to pay principal of and interest on assessment bonds, interim
4049 warrants, or bond anticipation notes; and
4050 (ii) shall authorize a local entity official to:
4051 (A) determine on each installment payment date the amount of net improvement
4052 revenues that the local entity has received since the last installment payment date; and
4053 (B) reduce the amount of the installment payment due on the next succeeding
4054 installment payment date by an amount that is no greater than the amount of the net
4055 improvement revenues described in Subsection (2)(a)(ii)(A).
4056 (b) A local entity may not reduce installment payments under Subsection (2)(a)(ii) if:
4057 (i) the reduction exceeds the amount of net improvement revenues that have been

4058 pledged to pay:
4059 (A) operation and maintenance costs of the improvements; and
4060 (B) principal of and interest on assessment bonds, interim warrants, and bond
4061 anticipation notes; or
4062 (ii) after the reduction, the sum of the assessment installment payments and the net
4063 improvement revenues are insufficient to pay:
4064 (A) operation and maintenance costs of the improvements; and
4065 (B) principal of and interest on assessment bonds, interim warrants, and bond
4066 anticipation notes.
4067 (c) The local entity shall require that each reduction of installment payments be made
4068 so that the assessments levied against each assessed property receive a proportionate share of
4069 the reduction.
4070 (d) A reduction under Subsection (2)(a)(ii) does not apply to an assessment or interest
4071 on an assessment that has been paid.
4072 (3) (a) Not more than 14 days after making a determination under Subsection (2)(a)(ii)
4073 to reduce an installment payment, the local entity's governing body shall mail notice of the
4074 reduction to each owner of property within the assessment area at the property owner's mailing
4075 address.
4076 (b) The governing body may include the notice required under Subsection (3)(a) with
4077 or in any other notice regarding the payment of assessments and interest on assessments that
4078 the governing body sends to owners.
4079 (4) (a) If an owner of assessed property pays more than the amount of the reduced
4080 installment payment on the installment payment date after a notice under Subsection (3) is
4081 mailed, the local entity may, by following the procedure under Subsection (3), provide
4082 additional notice to the owner that:
4083 (i) the owner has overpaid the assessment installment payment; and
4084 (ii) the local entity will:
4085 (A) credit the amount of the overpayment against the next installment payment due; or
4086 (B) if no further installment payment is due, refund the amount of the overpayment
4087 upon receipt of a written refund request from the owner.
4088 (b) If a local entity receives an overpayment of an installment payment, it shall:

4089 (i) credit the amount of the overpayment against the next installment payment due; or
4090 (ii) refund the amount of the overpayment to the owner if:
4091 (A) no further installment payment is due; and
4092 (B) the owner submits a written request for a refund.
4093 (c) A local entity is not required to pay interest on an overpayment that it holds.
4094 Section 67. Section 11-42-416 is enacted to read:
4095 11-42-416. Validation of prior assessment proceedings.
4096 (1) Subject to Subsection (2), all proceedings taken before April 30, 2007 related to the
4097 levy of assessments are validated, ratified, and confirmed, and the assessments are declared to
4098 be legal and valid assessments.
4099 (2) Nothing in this section may be construed to affect the validity of an assessment
4100 whose legality is being contested on April 30, 2007.
4101 (3) (a) This chapter applies to all assessments levied after April 30, 2007, even though
4102 proceedings were taken before that date under provisions of the law then in effect but repealed
4103 or modified on or after that date.
4104 (b) Proceedings taken as described in Subsection (3)(a) under the law in effect before
4105 April 30, 2007 are validated, ratified, and confirmed, subject to question only as provided in
4106 Section 11-42-106 .
4107 Section 68. Section 11-42-501 is enacted to read:
4108 Part 5. Assessment Liens
4109 11-42-501. Assessment constitutes a lien -- Characteristics of an assessment lien.
4110 (1) Each assessment on land under this chapter, including any installment of an
4111 assessment, interest, and any penalties, constitutes a lien against the land assessed as of the
4112 effective date of the assessment resolution or ordinance.
4113 (2) A lien under this section:
4114 (a) is superior to the lien of a trust deed, mortgage, mechanic's or materialman's lien, or
4115 other encumbrances;
4116 (b) is equal to and on a parity with a lien for general property taxes;
4117 (c) applies without interruption, change in priority, or alteration in any manner to any
4118 reduced payment obligations; and
4119 (d) continues until the assessments, reduced payment obligations, and any interest,

4120 penalties, and costs are paid, despite a sale of the land for or on account of a delinquent general
4121 property tax, special tax, or other assessment or the issuance of a tax deed, an assignment of
4122 interest by the county, or a sheriff's certificate of sale or deed.
4123 Section 69. Section 11-42-502 is enacted to read:
4124 11-42-502. Enforcement of an assessment lien -- Methods of enforcing lien --
4125 Redemption of property -- Remedies are cumulative to other remedies.
4126 (1) If an assessment or an installment of an assessment is not paid when due, the local
4127 entity may sell the land on which the assessment has been levied for the amount due plus
4128 interest, penalties, and costs, in the manner provided:
4129 (a) by ordinance of the local entity;
4130 (b) in Title 59, Chapter 2, Part 13, Collection of Taxes, for the sale of property for
4131 delinquent general property taxes; or
4132 (c) in Title 57, Chapter 1, Conveyances, as though the land were the subject of a trust
4133 deed in favor of the local entity.
4134 (2) Each tax sale under Subsection (1)(b) shall be governed by Title 59, Chapter 2, Part
4135 13, Collection of Taxes, except as modified by this chapter.
4136 (3) (a) In a foreclosure under Subsection (1)(c):
4137 (i) the local entity may bid at the sale;
4138 (ii) the local entity's governing body shall designate a trustee satisfying the
4139 requirements of Section 57-1-21 ;
4140 (iii) each trustee designated under Subsection (3)(a)(ii) has a power of sale with respect
4141 to the property that is the subject of the delinquent assessment lien;
4142 (iv) the property that is the subject of the delinquent assessment lien is considered to
4143 have been conveyed to the trustee, in trust, for the sole purpose of permitting the trustee to
4144 exercise the trustee's power of sale under Subsection (3)(a)(iii);
4145 (v) if no one bids at the sale and pays the local entity the amount due on the
4146 assessment, plus interest and costs, the property is considered sold to the local entity for those
4147 amounts; and
4148 (vi) the local entity's chief financial officer may substitute and appoint one or more
4149 successor trustees, as provided in Section 57-1-22 .
4150 (b) The designation of a trustee under Subsection (3)(a)(ii) shall be disclosed in the

4151 notice of default that the trustee gives to commence the foreclosure, and need not be stated in a
4152 separate instrument.
4153 (4) (a) The redemption of property that is the subject of a tax sale under Subsection
4154 (1)(b) is governed by Title 59, Chapter 2, Part 13, Collection of Taxes.
4155 (b) The redemption of property that is the subject of a foreclosure proceeding under
4156 Subsection (1)(c) is governed by Title 57, Chapter 1, Conveyances.
4157 (5) (a) The remedies provided for in this part for the collection of an assessment and
4158 the enforcement of an assessment lien are cumulative.
4159 (b) The use of one or more of the remedies provided for in this part may not be
4160 considered to deprive the local entity of any other remedy or means of collecting the
4161 assessment or enforcing the assessment lien.
4162 Section 70. Section 11-42-503 is enacted to read:
4163 11-42-503. Local entity payments to avoid a default in local entity obligations --
4164 Reimbursement of payments when property sold at tax or foreclosure sale.
4165 (1) In order to avoid a default in the payment of outstanding local entity obligations, a
4166 local entity may pay:
4167 (a) the delinquent amount due, plus interest, penalties, and costs;
4168 (b) the amounts described in Subsection (1)(a) and the full balance of an assessment, if
4169 accelerated; or
4170 (c) any part of an assessment or an installment of an assessment that becomes due
4171 during the redemption period.
4172 (2) A local entity may:
4173 (a) pay the amounts under Subsection (1) from a guaranty fund or a reserve fund, or
4174 from any funds legally available to the local entity; and
4175 (b) charge the amounts paid against the delinquent property.
4176 (3) (a) Upon the tax sale or foreclosure of the property charged as provided in
4177 Subsection (2):
4178 (i) all amounts that the local entity paid shall be included in the sale price of the
4179 property recovered in the sale; and
4180 (ii) the local entity's guaranty fund or reserve fund shall be reimbursed for those
4181 amounts.

4182 (b) If the property charged as provided in Subsection (2) is sold to the local entity at the
4183 tax sale or foreclosure and additional assessment installments become due, the local entity:
4184 (i) may pay the additional installments from the guaranty fund or reserve fund, or from
4185 any legally available money;
4186 (ii) shall recover, in a sale of the property, the amount of the installments paid; and
4187 (iii) shall reimburse the guaranty fund or reserve fund when the property is sold.
4188 Section 71. Section 11-42-504 is enacted to read:
4189 11-42-504. Assessments on land that the local entity acquires at tax sale or
4190 foreclosure -- Transferring title of land in lieu of paying assessments -- Reimbursement.
4191 (1) (a) Each local entity that purchases land at a tax sale or foreclosure under this part
4192 shall pay into the assessment fund all applicable annual installments of assessments and
4193 interest for as long as the local entity owns the land.
4194 (b) A local entity may make payments required under this Subsection (1) from the
4195 guaranty fund or reserve fund.
4196 (2) (a) In lieu of making payments under Subsection (1), a local entity may elect to
4197 transfer title of the land to an owner of an outstanding assessment bond, refunding assessment
4198 bond, interim warrant, or bond anticipation note as payment in full for all delinquent amounts
4199 owing with respect to the land.
4200 (b) If a local entity transfers title to land as provided in Subsection (2)(a) or sells land it
4201 has received from a tax sale or foreclosure, the selling price may not be less than the amount
4202 sufficient to reimburse the guaranty fund or reserve fund for all amounts paid for delinquent
4203 assessments or installments of assessments relating to the land, plus interest, penalties, and
4204 costs.
4205 (c) Each local entity that sells land it has received from a tax sale or foreclosure shall
4206 place the money it receives from the sale into the guaranty fund or reserve fund to the extent of
4207 full reimbursement as required in this section.
4208 Section 72. Section 11-42-505 is enacted to read:
4209 11-42-505. Default in the payment of an installment of an assessment -- Interest
4210 and costs -- Restoring the land owner to the right to pay installments.
4211 (1) If an assessment is payable in installments and a default occurs in the payment of an
4212 installment when due, the governing body may:

4213 (a) declare the delinquent amount to be immediately due and subject to collection as
4214 provided in this chapter;
4215 (b) accelerate payment of the total unpaid balance of the assessment and declare the
4216 whole of the unpaid principal and the interest then due to be immediately due and payable; and
4217 (c) charge and collect all costs of collection, including attorney fees.
4218 (2) Interest shall accrue from the date of delinquency on all applicable amounts under
4219 Subsections (1)(a) and (b) until paid in full.
4220 (3) Any interest assessed for or collection costs charged under this section shall be:
4221 (a) the same as apply to delinquent real property taxes for the year in which the balance
4222 of the fee or charge becomes delinquent; or
4223 (b) as the governing body determines.
4224 (4) Notwithstanding Subsection (1), a land owner shall be restored to the right to pay
4225 an assessment in installments in the same manner as if no default had occurred if the owner
4226 pays the amount of all unpaid installments that are past due, with interest, collection and
4227 foreclosure costs, and administrative, redemption, and other fees, including attorney fees,
4228 before:
4229 (a) the final date that payment may be legally made under a final sale or foreclosure of
4230 property to collect delinquent assessment installments, if collection is enforced under Title 59,
4231 Chapter 2, Part 13, Collection of Taxes; or
4232 (b) the end of the three-month reinstatement period provided by Section 57-1-31 , if
4233 collection is enforced through the method of foreclosing trust deeds.
4234 Section 73. Section 11-42-506 is enacted to read:
4235 11-42-506. Release of lien when land deleted from assessment area.
4236 If, after adoption of an assessment resolution or ordinance under Section 11-42-405 , a
4237 local entity deletes land from the assessment area, the local entity shall record a release and
4238 discharge of the lien that was created under Section 11-42-501 in a form that includes the legal
4239 description and tax identification number of the land and otherwise complies with applicable
4240 recording statutes.
4241 Section 74. Section 11-42-507 is enacted to read:
4242 11-42-507. Release of assessment lien and notice of proposed assessment.
4243 (1) (a) Upon an assessment on a parcel of land having been paid in full, the local entity

4244 shall file, in the office of the recorder of the county in which the land is located, a release and
4245 discharge of the assessment lien on that land.
4246 (b) Each release and discharge under Subsection (1)(a) shall:
4247 (i) include a legal description of the affected land; and
4248 (ii) comply with other applicable requirements for recording a document.
4249 (2) (a) Upon all assessments levied within an assessment area having been paid in full,
4250 or upon payment in full having been provided for, the local entity shall file, in the office of the
4251 recorder of the county in which the land within the assessment area is located, a release of the
4252 notice of proposed assessment filed under Subsection 11-42-205 (4)(a)(ii).
4253 (b) Each release under Subsection (2)(a) shall:
4254 (i) include a legal description of the land within the improvement district; and
4255 (ii) comply with all other applicable requirements for recording a document.
4256 Section 75. Section 11-42-601 is enacted to read:
4257 Part 6. Interim Warrants, Bond Anticipation Notes, Assessment Bonds, and Refunding
4258 Assessment Bonds
4259 11-42-601. Interim warrants.
4260 (1) A local entity may issue interim warrants against an assessment area.
4261 (2) An interim warrant may be in any amount up to:
4262 (a) as portions of the work on improvements in an assessment area are completed, 90%
4263 of the value of the completed work, as estimated by the local entity's project engineer,;
4264 (b) 100% of the value of the work completed, after completion of the work and
4265 acceptance of the work by the local entity's project engineer; and
4266 (c) the price of property, the acquisition of which is required for an improvement.
4267 (3) The governing body may:
4268 (a) issue interim warrants at not less than par value in a manner the governing body
4269 determines; and
4270 (b) use the proceeds from the issuance of interim warrants to pay:
4271 (i) the contract price;
4272 (ii) the price of property acquired for an improvement in an assessment area; and
4273 (iii) related costs, including overhead costs.
4274 (4) (a) Interim warrants shall bear interest from the date of their issuance until paid.

4275 (b) (i) The local entity's governing body shall:
4276 (A) approve the interest rate applicable to interim warrants; and
4277 (B) fix a maturity date for each interim warrant.
4278 (ii) The interest rate applicable to interim warrants may be fixed or variable or a
4279 combination of fixed and variable.
4280 (iii) If interim warrants carry a variable interest rate, the local entity's governing body
4281 shall specify the basis upon which the rate is to be determined, the manner in which the rate is
4282 to be adjusted, and a maximum interest rate.
4283 (iv) If an interim warrant matures before the local entity has available sources of
4284 payment under Section 11-42-603 , the local entity may authorize the issuance of a new interim
4285 warrant to pay the principal and interest on the maturing warrant.
4286 (c) The local entity shall include interest accruing on interim warrants in the cost of
4287 improvements in the assessment area.
4288 (5) A local entity may purchase some or all of the interim warrants it has issued using
4289 the local entity's general fund money.
4290 Section 76. Section 11-42-602 is enacted to read:
4291 11-42-602. Bond anticipation notes.
4292 (1) A local entity may by resolution authorize the issuance of bond anticipation notes.
4293 (2) A local entity may use the proceeds from the issuance of bond anticipation notes to
4294 pay:
4295 (a) the contract price;
4296 (b) the price of property acquired for an improvement in an assessment area; and
4297 (c) related costs, including overhead costs.
4298 (3) Each resolution authorizing the issuance of bond anticipation notes shall:
4299 (a) describe the bonds in anticipation of which the bond anticipation notes are to be
4300 issued;
4301 (b) specify the principal amount and maturity dates of the notes; and
4302 (c) specify the interest rate applicable to the notes.
4303 (4) (a) The interest rate on bond anticipation notes issued under this section may be
4304 fixed, variable, or a combination of fixed and variable, as determined by the local entity's
4305 governing body.

4306 (b) If bond anticipation notes carry a variable interest rate, the local entity's governing
4307 body shall specify the basis upon which the rate is to be determined, the manner in which the
4308 rate is to be adjusted, and a maximum interest rate.
4309 (c) A local entity may provide for interest on bond anticipation notes to be paid
4310 semiannually, annually, or at maturity.
4311 (5) A local entity may:
4312 (a) issue and sell bond anticipation notes in a manner and at a price, either at, below, or
4313 above face value, as the governing body determines by resolution; and
4314 (b) make bond anticipation notes redeemable prior to maturity, at the governing body's
4315 option and in the manner and upon the terms fixed by the resolution authorizing their issuance.
4316 (6) Bond anticipation notes shall be executed, be in a form, and have details and terms
4317 as provided in the resolution authorizing their issuance.
4318 (7) A local entity may issue bond anticipation notes to refund bond anticipation notes
4319 previously issued by the local entity.
4320 Section 77. Section 11-42-603 is enacted to read:
4321 11-42-603. Sources of payment for interim warrants and bond anticipation notes.
4322 Each local entity that has issued interim warrants or bond anticipation notes shall pay
4323 the warrants or notes from:
4324 (1) proceeds from the sale of assessment bonds;
4325 (2) cash the local entity receives from the payment for improvements;
4326 (3) improvement revenues that are not pledged to the payment of assessment bonds;
4327 (4) proceeds from the sale of interim warrants or bond anticipation notes; or
4328 (5) if applicable, the local entity's guaranty fund.
4329 Section 78. Section 11-42-604 is enacted to read:
4330 11-42-604. Local entity may authorize the issuance of assessment bonds -- Limit
4331 on amount of bonds -- Features of assessment bonds.
4332 (1) After the 25-day prepayment period under Subsection 11-42-411 (5) has passed, a
4333 local entity may authorize the issuance of bonds to pay the costs of improvements in an
4334 assessment area, and other related costs, against the funds that the local entity will receive
4335 because of an assessment in an assessment area.
4336 (2) The aggregate principal amount of bonds authorized under Subsection (1) may not

4337 exceed the unpaid balance of assessments at the end of the 25-day prepayment period under
4338 Subsection 11-42-411 (5).
4339 (3) Assessment bonds issued under this section:
4340 (a) are fully negotiable for all purposes;
4341 (b) may not mature at a time that exceeds the period that installments of assessments in
4342 the assessment area are due and payable, plus one year;
4343 (c) shall bear interest at the lowest rate or rates reasonably obtainable;
4344 (d) may not be dated earlier than the effective date of the assessment ordinance;
4345 (e) shall be payable at the place, shall be in the form, and shall be sold in the manner
4346 and with the details that are provided in the resolution authorizing the issuance of the bonds;
4347 (f) shall be issued, as the governing body determines:
4348 (i) in bearer form, with or without interest coupons attached; or
4349 (ii) in registered form as provided in Title 15, Chapter 7, Registered Public Obligations
4350 Act; and
4351 (g) provide that interest be paid semiannually, annually, or at another interval as
4352 specified by the governing body.
4353 (4) (a) A local entity may:
4354 (i) (A) provide that assessment bonds be callable for redemption before maturity; and
4355 (B) fix the terms and conditions of redemption, including the notice to be given and
4356 any premium to be paid;
4357 (ii) subject to Subsection (4)(b), require assessment bonds to bear interest at a fixed or
4358 variable rate, or a combination of fixed and variable rates;
4359 (iii) specify terms and conditions under which:
4360 (A) assessment bonds bearing interest at a variable interest rate may be converted to
4361 bear interest at a fixed interest rate; and
4362 (B) the local entity agrees to repurchase the bonds; and
4363 (iv) include all costs associated with assessment bonds, including any costs resulting
4364 from any of the actions the local entity is authorized to take under this section, in an assessment
4365 levied under Section 11-42-401 .
4366 (b) If assessment bonds carry a variable interest rate, the local entity shall specify:
4367 (i) the basis upon which the variable rate is to be determined over the life of the bonds;

4368 (ii) the manner in which and schedule upon which the rate is to be adjusted; and
4369 (iii) a maximum rate that the bonds may carry.
4370 (5) (a) Nothing in this part may be construed to authorize the issuance of assessment
4371 bonds to pay for the cost of ordinary repairs to pavement, sewers, drains, curbing, gutters, or
4372 sidewalks.
4373 (b) Notwithstanding Subsection (5)(a), a local entity may issue assessment bonds to
4374 pay for extraordinary repairs to pavement, sewers, drains, curbing, gutters, or sidewalk.
4375 (c) A local entity's governing body may define by resolution or ordinance what
4376 constitutes ordinary repairs and extraordinary repairs for purposes of this Subsection (5).
4377 (d) Nothing in this Subsection (5) may be construed to limit a local entity from levying
4378 an assessment within an assessment area to pay operation and maintenance costs as described
4379 in a notice under Section 11-42-403 .
4380 (6) If a local entity has issued bond anticipation notes under Section 11-42-606 in
4381 anticipation of assessment bonds that the local entity issues under this part, the local entity
4382 shall provide for the retirement of the bond anticipation notes contemporaneously with the
4383 issuance of the assessment bonds.
4384 Section 79. Section 11-42-605 is enacted to read:
4385 11-42-605. Assessment bonds are not a local entity's general obligation -- Liability
4386 and responsibility of a local entity that issues assessment bonds.
4387 (1) Assessment bonds are not a general obligation of the local entity that issues them.
4388 (2) A local entity that issues assessment bonds:
4389 (a) may not be held liable for payment of the bonds except to the extent of:
4390 (i) funds created and received from assessments against which the bonds are issued;
4391 (ii) improvement revenues; and
4392 (iii) the local entity's guaranty fund under Section 11-42-701 or, if applicable, reserve
4393 fund under Section 11-42-702 ; and
4394 (b) is responsible for:
4395 (i) the lawful levy of all assessments;
4396 (ii) the collection and application of improvement revenues, as provided in this
4397 chapter;
4398 (iii) the creation and maintenance of a guaranty fund or, if applicable, a reserve fund;

4399 and
4400 (iv) the faithful accounting, collection, settlement, and payment of:
4401 (A) assessments and improvement revenues; and
4402 (B) money in a guaranty fund or, if applicable, a reserve fund.
4403 (3) If a local entity illegally assesses land or assessed land that is exempt from
4404 assessment, the local entity:
4405 (a) is liable to the holders of assessment bonds for the funds created by the assessment;
4406 and
4407 (b) shall pay the amount for which it is liable under Subsection (3)(a) from the local
4408 entity's general fund.
4409 Section 80. Section 11-42-606 is enacted to read:
4410 11-42-606. Refunding assessment bonds.
4411 (1) A local entity may, by a resolution adopted by the governing body, authorize the
4412 issuance of refunding assessment bonds as provided in this section, whether at or before the
4413 maturity of the prior bonds, at stated maturity, upon redemption, or declaration of maturity.
4414 (2) (a) Subject to Subsection (2)(b), the issuance of refunding assessment bonds is
4415 governed by Title 11, Chapter 27, Utah Refunding Bond Act.
4416 (b) If there is a conflict between a provision of Title 11, Chapter 27, Utah Refunding
4417 Bond Act, and a provision of this part, the provision of this part governs.
4418 (3) In issuing refunding assessment bonds, the local entity shall require the refunding
4419 assessment bonds and interest on the bonds to be payable from and secured, to the extent the
4420 prior bonds were payable from and secured, by:
4421 (a) (i) the same assessments and interest on assessments; or
4422 (ii) the reduced assessments and interest on assessments adopted by the local entity's
4423 governing body under Section 11-42-604 ;
4424 (b) the guaranty fund or, if applicable, reserve fund; and
4425 (c) improvement revenues.
4426 (4) Refunding assessment bonds:
4427 (a) shall be payable solely from the sources described in Subsection (3);
4428 (b) shall mature no later than the date of final maturity of the prior bonds;
4429 (c) may not mature at a time or bear interest at a rate that will cause the local entity to

4430 be unable to pay the bonds when due;
4431 (d) shall bear interest as the governing body determines, subject to the provisions of
4432 Section 11-42-601 relating to interest;
4433 (e) may be issued to pay one or more issues of the local entity's prior bonds; and
4434 (f) if issued to refund two or more issues of prior bonds, may be issued in one or more
4435 series.
4436 (5) A local entity may provide for the payment of incidental costs associated with
4437 refunding assessment bonds:
4438 (a) by advancing funds from the local entity's general fund or other fund, if the local
4439 entity's governing body:
4440 (i) determines that the advance is in the best interests of the local entity and its citizens,
4441 including the owners of land within the assessment area; and
4442 (ii) provides that the assessments, interest on assessments, and improvement revenue
4443 from which the prior bonds are payable not be reduced during the period necessary to provide
4444 funds from those sources to reimburse the local entity with interest at the same rate that applies
4445 to the assessments;
4446 (b) from premiums that the local entity receives from the sale of refunding assessment
4447 bonds;
4448 (c) from earnings on the investment of refunding assessment bonds pending their use to
4449 refund prior bonds;
4450 (d) from any other sources legally available to the local entity for this purpose; or
4451 (e) from any combination of Subsections (5)(a) through (d).
4452 Section 81. Section 11-42-607 is enacted to read:
4453 11-42-607. Reducing assessments after issuance of refunding assessment bonds.
4454 (1) Each local entity that issues refunding assessment bonds shall adopt a resolution or
4455 ordinance amending the assessment resolution or assessment ordinance previously adopted.
4456 (2) Each amending resolution or ordinance under Subsection (1) shall:
4457 (a) reduce, as determined by the local entity's governing body:
4458 (i) the assessments levied under the previous resolution or ordinance;
4459 (ii) the interest payable on the assessments levied under the previous resolution or
4460 ordinance; or

4461 (iii) both the assessments levied under the previous resolution or ordinance and the
4462 interest payable on those assessments;
4463 (b) allocate the reductions under Subsection (2)(a) so that the then unpaid assessments
4464 levied against land within the assessment area and the unpaid interest on those assessments
4465 receive a proportionate share of the reductions;
4466 (c) (i) state the amounts of the reduced payment obligation for each property assessed
4467 in the prior resolution or ordinance; or
4468 (ii) incorporate by reference a revised assessment list approved by the governing body
4469 containing the reduced payment obligations; and
4470 (d) state the effective date of any reduction in the assessment levied in the prior
4471 resolution or order and interest on the assessment.
4472 (3) A resolution or ordinance under Subsection (2) is not required to describe each
4473 block, lot, part of block or lot, tract, or parcel of property assessed.
4474 (4) Each reduction under Subsection (2)(a) shall be the amount by which the principal
4475 or interest or both payable on the refunding assessment bonds, after accounting for incidental
4476 costs associated with the refunding assessment bonds, is less than the amount of principal or
4477 interest or both payable on the prior bonds.
4478 (5) A reduction under Subsection (2)(a) does not apply to an assessment or interest
4479 paid before the reduction.
4480 (6) A resolution or ordinance under Subsection (2) may not become effective before
4481 the date when all principal, interest, any redemption premium on the prior bonds, and any
4482 advances made under Subsection 11-42-603 (5)(a) are fully paid or legally terminated.
4483 (7) (a) At least 21 days before the first payment of a reduced assessment becomes due,
4484 each local entity shall provide notice of the reduced payment obligations resulting from
4485 adoption of a resolution or ordinance under Subsection (2) by mailing, postage prepaid, a
4486 notice to each owner of property within the assessment area at the owner's mailing address.
4487 (b) Each notice under Subsection (7)(a) shall:
4488 (i) identify the land subject to the assessment; and
4489 (ii) state the amount of the reduced payment obligations that will be payable after the
4490 applicable date stated in the resolution or ordinance under Subsection (1).
4491 (c) A notice under Subsection (7)(a) may:

4492 (i) contain other information that the governing body considers appropriate; and
4493 (ii) be included with any other notice regarding the payment of an assessment and
4494 interest that the local entity sends to land owners in the assessment area within the time and
4495 addressed as required under Subsection (7)(a).
4496 (d) The validity of a resolution or ordinance under Subsection (1) is not affected by:
4497 (i) a local entity's failure to provide notice as required under this Subsection (7); or
4498 (ii) a defect in the content of the notice or the manner or time in which the notice was
4499 provided.
4500 (e) Whether or not notice under this Subsection (7) is properly given, no other notice is
4501 required to be given to owners of land within an assessment area in connection with the
4502 issuance of refunding assessment bonds.
4503 (8) Except for the amount of reduction to a prior assessment or interest on a prior
4504 assessment, neither the issuance of refunding assessment bonds nor the adoption of a resolution
4505 or ordinance under Subsection (1) affects:
4506 (a) the validity or continued enforceability of a prior assessment or interest on the
4507 assessment; or
4508 (b) the validity, enforceability, or priority of an assessment lien.
4509 (9) Each reduction of a prior assessment and the interest on the assessment shall
4510 continue to exist in favor of the refunding assessment bonds.
4511 (10) Even after payment in full of assessment bonds that are refunded by refunding
4512 assessment bonds, an assessment lien continues to exist to secure payment of the reduced
4513 payment obligations, the penalties and costs of collection of those obligations, and the
4514 refunding assessment bonds in the same manner, to the same extent, and with the same priority
4515 as the assessment lien.
4516 (11) A lien securing a reduced payment obligation from which refunding assessment
4517 bonds are payable and by which the bonds are secured is subordinate to an assessment lien
4518 securing the original or prior assessment and prior bonds until the prior bonds are paid in full
4519 or legally terminated.
4520 (12) Unless prior bonds are paid in full simultaneously with the issuance of refunding
4521 assessment bonds, the local entity shall:
4522 (a) irrevocably set aside the proceeds of the refunding assessment bonds in an escrow

4523 or other separate account; and
4524 (b) pledge that account as security for the payment of the prior bonds and refunding
4525 assessment bonds.
4526 (13) This part applies to all refunding assessment bonds:
4527 (a) whether already issued or yet to be issued; and
4528 (b) even though the prior bonds they refunded were issued under prior law, whether or
4529 not that law is currently in effect.
4530 Section 82. Section 11-42-608 is enacted to read:
4531 11-42-608. Validation of previously issued obligations.
4532 (1) Subject to Subsection (2):
4533 (a) all assessment bonds, refunding assessment bonds, interim warrants, and bond
4534 anticipation notes issued by a local entity before April 30, 2007 are:
4535 (i) validated, ratified, and confirmed; and
4536 (ii) declared to constitute legally binding obligations in accordance with their terms;
4537 and
4538 (b) all proceedings before April 30, 2007 related to the authorization and issuance of
4539 assessment bonds, refunding assessment bonds, interim warrants, and bond anticipation notes
4540 are validated, ratified, and confirmed.
4541 (2) Nothing in this section may be construed to affect the validity of an assessment
4542 bond, refunding assessment bond, interim warrant, bond anticipation note, assessment,
4543 guaranty fund, or reserve fund whose legality is being contested on April 30, 2007.
4544 (3) (a) This chapter applies to all assessment bonds, refunding assessment bonds,
4545 interim warrants, and bond anticipation notes issued after April 30, 2007, even though
4546 proceedings were taken before that date under provisions of the law then in effect but repealed
4547 or modified on or after that date.
4548 (b) Proceedings taken as described in Subsection (3)(a) under the law in effect before
4549 April 30, 2007 are validated, ratified, and confirmed, subject to question only as provided in
4550 Section 11-42-106 .
4551 (4) The validity of an assessment bond, refunding assessment bond, interim warrant, or
4552 bond anticipation note issued before April 30, 2007 is not affected by changes to the law under
4553 which they were issued that become effective on or after April 30, 2007.

4554 Section 83. Section 11-42-701 is enacted to read:
4555 Part 7. Guaranty and Reserve Funds
4556 11-42-701. Guaranty fund.
4557 (1) Except as provided in Section 11-42-702 , each local entity that issues assessment
4558 bonds shall:
4559 (a) create a guaranty fund, as provided in this section, to guaranty, to the extent of the
4560 money in the fund, local entity obligations; and
4561 (b) fund the guaranty fund by:
4562 (i) appropriations from the local entity's general fund;
4563 (ii) levying a property tax not to exceed .0002 per dollar of taxable value of taxable
4564 property within the local entity;
4565 (iii) issuing general obligation bonds; or
4566 (iv) appropriations from other sources as determined by the local entity's governing
4567 body.
4568 (2) A tax levied by a local entity under Subsection (1)(b)(ii) to fund a guaranty fund is
4569 not included for purposes of calculating the maximum levy limitation applicable to the local
4570 entity.
4571 (3) A local entity may covenant for the benefit of the holders of local entity obligations
4572 that, as long as the local entity obligations are outstanding and unpaid, the local entity will:
4573 (a) create a guaranty fund as provided in this section;
4574 (b) (i) to the extent legally permissible and by any of the methods described in
4575 Subsection (1)(b), transfer each year to the guaranty fund an amount of money up to the
4576 amount the local entity would collect by levying a tax of .0002 per dollar of taxable value of
4577 taxable property within the local entity until the balance in the guaranty fund equals 10% of the
4578 amount of all outstanding local entity obligations; and
4579 (ii) in subsequent years transfer to the guaranty fund the amount necessary to replenish
4580 or maintain the guaranty fund at 10% of the amount of all outstanding local entity obligations;
4581 and
4582 (c) invest the funds on deposit in the guaranty fund as provided in Title 51, Chapter 7,
4583 State Money Management Act.
4584 (4) A local entity may create subaccounts within a guaranty fund for each issue of

4585 outstanding assessment bonds and refunding assessment bonds in a manner that the local
4586 entity's governing body considers appropriate to allocate among the bond issues the securities
4587 held in and interest earnings on the guaranty fund for purposes of complying with federal law.
4588 (5) A local entity may transfer to its general fund any money in its guaranty fund that
4589 exceeds 10% of the average amount of all of the local entity's outstanding assessment bonds
4590 and refunding assessment bonds that are secured by the guaranty fund.
4591 (6) For purposes of Subsections (3)(b) and (5), refunding assessment bonds may not be
4592 considered outstanding until the principal of and interest and any redemption premiums on the
4593 prior bonds that are refunded by the refunding assessment bonds are fully paid or legally
4594 terminated.
4595 Section 84. Section 11-42-702 is enacted to read:
4596 11-42-702. Reserve fund.
4597 (1) In lieu of creating and funding a guaranty fund under Section 11-42-701 for an
4598 issue of assessment bonds or refunding assessment bonds, a local entity may establish a reserve
4599 fund to secure the issue.
4600 (2) If a local entity establishes a reserve fund under this section:
4601 (a) local entity obligations secured by the reserve fund are not secured by a guaranty
4602 fund under Section 11-42-701 ;
4603 (b) the local entity is not required to fund a guaranty fund under Section 11-42-701 for
4604 those local entity obligations; and
4605 (c) unless otherwise provided in this part or in the proceedings authorizing the issuance
4606 of bonds, the provisions of this part regarding a guaranty fund have no application to the bonds
4607 that are secured by the reserve fund.
4608 (3) Each local entity that establishes a reserve fund shall:
4609 (a) fund and replenish the reserve fund in the amounts and manner provided in the
4610 proceedings authorizing the issuance of the bonds that are secured by the reserve fund; and
4611 (b) invest the funds on deposit in the reserve fund as provided in Title 51, Chapter 7,
4612 State Money Management Act.
4613 (4) (a) Subject to Subsection (4)(b), a local entity may replenish a reserve fund under
4614 this section by any of the methods described in Subsection 11-42-701 (1)(b).
4615 (b) The proceedings authorizing the issuance of assessment bonds or refunding bonds

4616 shall provide that if a local entity uses any of the methods described in Subsection
4617 11-42-701 (1)(b) to replenish a reserve fund, the local entity shall be reimbursed, with interest
4618 at a rate that the local entity determines, with money that the local entity receives from
4619 foreclosing on delinquent property.
4620 (5) Upon the retirement of assessment bonds or refunding assessments bonds secured
4621 by a reserve fund, the local entity shall:
4622 (a) terminate the reserve fund; and
4623 (b) disburse all remaining money in the fund as provided in the proceedings
4624 authorizing the issuance of the bonds.
4625 Section 85. Section 11-42-703 is enacted to read:
4626 11-42-703. Payment from guaranty fund or reserve fund if insufficient funds
4627 available in the assessment fund -- Payment by warrant from guaranty fund or reserve
4628 fund -- Subrogation.
4629 (1) If an assessment bond, refunding assessment bond, interim warrant, or bond
4630 anticipation note is presented to the local entity for payment at a time when there is insufficient
4631 money in the assessment fund to pay the amount due, the local entity shall pay the amount due
4632 from the guaranty fund or, if applicable, reserve fund.
4633 (2) If there is insufficient money in the guaranty fund or, if applicable, the reserve fund
4634 to pay the amount due under Subsection (1), the local entity may pay by a warrant drawn
4635 against the guaranty fund or, if applicable, reserve fund.
4636 (3) If a local entity pays from its guaranty fund or reserve fund any principal or interest
4637 owing under an assessment bond, refunding assessment bond, interim warrant, or bond
4638 anticipation note:
4639 (a) the local entity is subrogated to the rights of the holders of the assessment bond,
4640 refunding assessment bond, interim warrant, or bond anticipation note; and
4641 (b) the proceeds from the assessment bond, refunding assessment bond, interim
4642 warrant, or bond anticipation note shall become part of the guaranty fund or reserve fund, as
4643 the case may be.
4644 Section 86. Section 11-42-704 is enacted to read:
4645 11-42-704. Transfers from local entity funds to replenish guaranty fund or
4646 reserve fund.

4647 If the guaranty fund or, if applicable, the reserve fund has insufficient money for the
4648 local entity to purchase property on which it bids at a sale under Part 5, Assessment Liens, for
4649 delinquent assessments, the local entity may transfer or appropriate money from its general
4650 fund or other available sources, as the governing body determines, to replenish the guaranty
4651 fund or reserve fund.
4652 Section 87. Section 11-42-705 is enacted to read:
4653 11-42-705. Warrants to meet guaranty fund and reserve fund liabilities -- Levy to
4654 pay warrants authorized -- Limit on the levy.
4655 (1) A local entity may issue warrants, drawing interest at a rate determined by the
4656 governing body, against a guaranty fund or reserve fund to meet any financial liabilities
4657 accruing against the fund.
4658 (2) (a) If a local entity issues warrants under Subsection (1), the local entity shall,
4659 subject to Subsection (2)(b), include in its next annual tax levy an amount sufficient, with other
4660 guaranty fund or reserve fund resources, to pay all issued and outstanding warrants under
4661 Subsection (1) for all assessment areas within the local entity.
4662 (b) A levy under Subsection (2)(a):
4663 (i) may not exceed .0002 per dollar of taxable value of taxable property in the local
4664 entity; and
4665 (ii) is exempt from the statutory limit applicable to the local entity's property tax levy.
4666 Section 88. Section 11-42-706 is enacted to read:
4667 11-42-706. Validation of prior guaranty fund or reserve fund proceedings.
4668 (1) Subject to Subsection (2), all proceedings before April 30, 2007 related to the
4669 creation, maintenance, and use of a guaranty fund or reserve fund are validated, ratified, and
4670 confirmed.
4671 (2) Nothing in this section may be construed to affect the validity of a guaranty fund or
4672 reserve fund whose legality is being contested on April 30, 2007.
4673 Section 89. Section 14-1-18 is amended to read:
4674 14-1-18. Definitions -- Application of Procurement Code to payment and
4675 performance bonds.
4676 (1) (a) For purposes of this chapter, "political subdivision" means any county, city,
4677 town, school district, [public transit district, special] local district, [redevelopment] special

4678 service district, community development and renewal agency, public corporation, institution of
4679 higher education of the state, public agency of any political subdivision, and, to the extent
4680 provided by law, any other entity which expends public funds for construction.
4681 (b) For purposes of applying Section 63-56-504 to a political subdivision, "state"
4682 includes "political subdivision."
4683 (2) Section 63-56-504 applies to all contracts for the construction, alteration, or repair
4684 of any public building or public work of the state or a political subdivision of the state.
4685 Section 90. Section 15-7-2 is amended to read:
4686 15-7-2. Definitions.
4687 As used in this chapter:
4688 (1) "Authorized officer" means any individual required or permitted by any law or by
4689 the issuing public entity to execute on behalf of the public entity, a certificated registered
4690 public obligation or a writing relating to an uncertificated registered public obligation.
4691 (2) "Certificated registered public obligation" means a registered public obligation
4692 which is represented by an instrument.
4693 (3) "Code" means the Internal Revenue Code of 1954.
4694 (4) "Facsimile seal" means the reproduction by engraving, imprinting, stamping, or
4695 other means of the seal of the issuer, official, or official body.
4696 (5) "Facsimile signature" means the reproduction by engraving, imprinting, stamping,
4697 or other means of a manual signature.
4698 (6) "Financial intermediary" means a bank, broker, clearing corporation or other
4699 person, or the nominee of any of them, which in the ordinary course of its business maintains
4700 registered public obligation accounts for its customers.
4701 (7) "Issuer" means a public entity which issues an obligation.
4702 (8) "Obligation" means an agreement by a public entity to pay principal and any
4703 interest on the obligation, whether in the form of a contract to repay borrowed money, a lease,
4704 an installment purchase agreement, or otherwise, and includes a share, participation, or other
4705 interest in any such agreement.
4706 (9) "Official actions" means the actions by statute, order, ordinance, resolution,
4707 contract, or other authorized means by which the issuer provides for issuance of a registered
4708 public obligation.

4709 (10) "Official" or "official body" means the person or group of persons that is
4710 empowered to provide for the original issuance of an obligation of the issuer, by defining the
4711 obligation and its terms, conditions, and other incidents, or to perform duties with respect to a
4712 registered public obligation and any successor of such person or group of persons.
4713 (11) "Public entity" means any entity, department, or agency which is empowered
4714 under the laws of one or more states, territories, possessions of the United States or the District
4715 of Columbia, including this state, to issue obligations any interest with respect to which may,
4716 under any provision of law, be provided an exemption from the income tax referred to in the
4717 Code. The term "public entity" includes, without limitation, this state, an entity deriving
4718 powers from and acting pursuant to a state constitution or legislative act, a county, city, town, a
4719 municipal corporation, a quasi-municipal corporation, a state university or college, a school
4720 district, a special service district [or other special], a local district, [an improvement district, a
4721 water conservancy district, a metropolitan water district, a drainage district, an irrigation
4722 district, a fire protection district,] a separate legal or administrative entity created under the
4723 Interlocal Cooperation Act or other joint agreement entity, a [redevelopment] community
4724 development and renewal agency, any other political subdivision, a public authority or public
4725 agency, a public trust, a nonprofit corporation, or other organizations.
4726 (12) "Registered public obligation" means an obligation issued by a public entity which
4727 is issued pursuant to a system of registration.
4728 (13) "System of registration" and its variants means a plan that provides:
4729 (a) With respect to a certificated registered public obligation that (i) the certificated
4730 registered public obligation specifies a person entitled to the registered public obligation and
4731 the rights it represents, and that (ii) transfer of the certificated registered public obligation and
4732 the rights it represents may be registered upon books maintained for that purpose by or on
4733 behalf of the issuer; and
4734 (b) With respect to an uncertificated registered public obligation, that (i) books
4735 maintained by or on behalf of the issuer for the purpose of registration of the transfer of a
4736 registered public obligation specify a person entitled to the registered public obligation and the
4737 rights evidenced by it and that (ii) transfer of the uncertificated registered public obligation and
4738 the rights evidenced by it be registered upon such books.
4739 (14) "Uncertificated registered public obligation" means a registered public obligation

4740 which is not represented by an instrument.
4741 Section 91. Section 17-23-17 is amended to read:
4742 17-23-17. Map of boundary survey -- Procedure for filing -- Contents -- Marking
4743 of monuments -- Record of corner changes -- Penalties.
4744 (1) As used in this section, "land surveyor" means a surveyor who is licensed to
4745 practice land surveying in this state in accordance with Title 58, Chapter 22, Professional
4746 Engineers and Professional Land Surveyors Licensing Act.
4747 (2) (a) (i) Each land surveyor making a boundary survey of lands within this state to
4748 establish or reestablish a boundary line or to obtain data for constructing a map or plat showing
4749 a boundary line shall file a map of the survey that meets the requirements of this section with
4750 the county surveyor or designated office within 90 days of the establishment or reestablishment
4751 of a boundary.
4752 (ii) A land surveyor who fails to file a map of the survey as required by Subsection
4753 (2)(a)(i) is guilty of a class C misdemeanor.
4754 (iii) Each failure to file a map of the survey as required by Subsection (2)(a)(i) is a
4755 separate violation.
4756 (b) The county surveyor or designated office shall file and index the map of the survey.
4757 (c) The map shall be a public record in the office of the county surveyor or designated
4758 office.
4759 (3) This type of map shall show:
4760 (a) the location of survey by quarter section and township and range;
4761 (b) the date of survey;
4762 (c) the scale of drawing and north point;
4763 (d) the distance and course of all lines traced or established, giving the basis of bearing
4764 and the distance and course to two or more section corners or quarter corners, including
4765 township and range, or to identified monuments within a recorded subdivision;
4766 (e) all measured bearings, angles, and distances separately indicated from those of
4767 record;
4768 (f) a written boundary description of property surveyed;
4769 (g) all monuments set and their relation to older monuments found;
4770 (h) a detailed description of monuments found and monuments set, indicated

4771 separately;
4772 (i) the surveyor's seal or stamp; and
4773 (j) the surveyor's business name and address.
4774 (4) (a) The map shall contain a written narrative that explains and identifies:
4775 (i) the purpose of the survey;
4776 (ii) the basis on which the lines were established; and
4777 (iii) the found monuments and deed elements that controlled the established or
4778 reestablished lines.
4779 (b) If the narrative is a separate document, it shall contain:
4780 (i) the location of the survey by quarter section and by township and range;
4781 (ii) the date of the survey;
4782 (iii) the surveyor's stamp or seal; and
4783 (iv) the surveyor's business name and address.
4784 (c) The map and narrative shall be referenced to each other if they are separate
4785 documents.
4786 (5) The map and narrative shall be created on material of a permanent nature on stable
4787 base reproducible material in the sizes required by the county surveyor.
4788 (6) (a) Any monument set by a licensed professional land surveyor to mark or reference
4789 a point on a property or land line shall be durably and visibly marked or tagged with the
4790 registered business name or the letters "L.S." followed by the registration number of the
4791 surveyor in charge.
4792 (b) If the monument is set by a licensed land surveyor who is a public officer, it shall
4793 be marked with the official title of the office.
4794 (7) (a) If, in the performance of a survey, a surveyor finds or makes any changes to the
4795 section corner or quarter-section corner, or their accessories, the surveyor shall complete and
4796 submit to the county surveyor or designated office a record of the changes made.
4797 (b) The record shall be submitted within 45 days of the corner visits and shall include
4798 the surveyor's seal, business name, and address.
4799 (8) The Utah State Board of Engineers and Land Surveyors Examiners may revoke the
4800 license of any land surveyor who fails to comply with the requirements of this section,
4801 according to the procedures set forth in Title 58, Chapter 1, Division of Occupational and

4802 Professional Licensing Act.
4803 (9) Each federal or state agency, board, or commission, [special] local district, special
4804 service district, or municipal corporation that makes a boundary survey of lands within this
4805 state shall comply with this section.
4806 Section 92. Section 17-27a-103 is amended to read:
4807 17-27a-103. Definitions.
4808 As used in this chapter:
4809 (1) "Affected entity" means a county, municipality, [independent special district under
4810 Title 17A, Chapter 2, Independent Special Districts,] local district [under Title 17B, Chapter 2,
4811 Local Districts], special service district under Title 17A, Chapter 2, Part 13, Utah Special
4812 Service District Act, school district, interlocal cooperation entity established under Title 11,
4813 Chapter 13, Interlocal Cooperation Act, specified property owner, property owners association,
4814 public utility, or the Utah Department of Transportation, if:
4815 (a) the entity's services or facilities are likely to require expansion or significant
4816 modification because of an intended use of land;
4817 (b) the entity has filed with the county a copy of the entity's general or long-range plan;
4818 or
4819 (c) the entity has filed with the county a request for notice during the same calendar
4820 year and before the county provides notice to an affected entity in compliance with a
4821 requirement imposed under this chapter.
4822 (2) "Appeal authority" means the person, board, commission, agency, or other body
4823 designated by ordinance to decide an appeal of a decision of a land use application or a
4824 variance.
4825 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
4826 residential property if the sign is designed or intended to direct attention to a business, product,
4827 or service that is not sold, offered, or existing on the property where the sign is located.
4828 (4) "Charter school" includes:
4829 (a) an operating charter school;
4830 (b) a charter school applicant that has its application approved by a chartering entity in
4831 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
4832 (c) an entity who is working on behalf of a charter school or approved charter applicant

4833 to develop or construct a charter school building.
4834 (5) "Chief executive officer" means the person or body that exercises the executive
4835 powers of the county.
4836 (6) "Conditional use" means a land use that, because of its unique characteristics or
4837 potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
4838 compatible in some areas or may be compatible only if certain conditions are required that
4839 mitigate or eliminate the detrimental impacts.
4840 (7) "Constitutional taking" means a governmental action that results in a taking of
4841 private property so that compensation to the owner of the property is required by the:
4842 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
4843 (b) Utah Constitution Article I, Section 22.
4844 (8) "Culinary water authority" means the department, agency, or public entity with
4845 responsibility to review and approve the feasibility of the culinary water system and sources for
4846 the subject property.
4847 (9) (a) "Disability" means a physical or mental impairment that substantially limits one
4848 or more of a person's major life activities, including a person having a record of such an
4849 impairment or being regarded as having such an impairment.
4850 (b) "Disability" does not include current illegal use of, or addiction to, any federally
4851 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
4852 802.
4853 (10) "Elderly person" means a person who is 60 years old or older, who desires or
4854 needs to live with other elderly persons in a group setting, but who is capable of living
4855 independently.
4856 (11) "Gas corporation" has the same meaning as defined in Section 54-2-1 .
4857 (12) "General plan" means a document that a county adopts that sets forth general
4858 guidelines for proposed future development of the unincorporated land within the county.
4859 (13) "Identical plans" means building plans submitted to a county that are substantially
4860 identical building plans that were previously submitted to and reviewed and approved by the
4861 county and describe a building that is:
4862 (a) located on land zoned the same as the land on which the building described in the
4863 previously approved plans is located; and

4864 (b) subject to the same geological and meteorological conditions and the same law as
4865 the building described in the previously approved plans.
4866 (14) "Interstate pipeline company" means a person or entity engaged in natural gas
4867 transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
4868 the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
4869 (15) "Intrastate pipeline company" means a person or entity engaged in natural gas
4870 transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
4871 Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
4872 (16) "Land use application" means an application required by a county's land use
4873 ordinance.
4874 (17) "Land use authority" means a person, board, commission, agency, or other body
4875 designated by the local legislative body to act upon a land use application.
4876 (18) "Land use ordinance" means a planning, zoning, development, or subdivision
4877 ordinance of the county, but does not include the general plan.
4878 (19) "Land use permit" means a permit issued by a land use authority.
4879 (20) "Legislative body" means the county legislative body, or for a county that has
4880 adopted an alternative form of government, the body exercising legislative powers.
4881 (21) "Local district" means any entity established under the authority of Title 17B,
4882 Limited Purpose Local Government Entities - Local Districts, and any other governmental or
4883 quasi-governmental entity that is not a county, municipality, school district, or unit of the state.
4884 [(21)] (22) "Lot line adjustment" means the relocation of the property boundary line in
4885 a subdivision between two adjoining lots with the consent of the owners of record.
4886 [(22)] (23) "Moderate income housing" means housing occupied or reserved for
4887 occupancy by households with a gross household income equal to or less than 80% of the
4888 median gross income for households of the same size in the county in which the housing is
4889 located.
4890 [(23)] (24) "Nominal fee" means a fee that reasonably reimburses a county only for
4891 time spent and expenses incurred in:
4892 (a) verifying that building plans are identical plans; and
4893 (b) reviewing and approving those minor aspects of identical plans that differ from the
4894 previously reviewed and approved building plans.

4895 [(24)] (25) "Noncomplying structure" means a structure that:
4896 (a) legally existed before its current land use designation; and
4897 (b) because of one or more subsequent land use ordinance changes, does not conform
4898 to the setback, height restrictions, or other regulations, excluding those regulations that govern
4899 the use of land.
4900 [(25)] (26) "Nonconforming use" means a use of land that:
4901 (a) legally existed before its current land use designation;
4902 (b) has been maintained continuously since the time the land use ordinance regulation
4903 governing the land changed; and
4904 (c) because of one or more subsequent land use ordinance changes, does not conform
4905 to the regulations that now govern the use of the land.
4906 [(26)] (27) "Official map" means a map drawn by county authorities and recorded in
4907 the county recorder's office that:
4908 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
4909 highways and other transportation facilities;
4910 (b) provides a basis for restricting development in designated rights-of-way or between
4911 designated setbacks to allow the government authorities time to purchase or otherwise reserve
4912 the land; and
4913 (c) has been adopted as an element of the county's general plan.
4914 [(27)] (28) "Person" means an individual, corporation, partnership, organization,
4915 association, trust, governmental agency, or any other legal entity.
4916 [(28)] (29) "Plan for moderate income housing" means a written document adopted by
4917 a county legislative body that includes:
4918 (a) an estimate of the existing supply of moderate income housing located within the
4919 county;
4920 (b) an estimate of the need for moderate income housing in the county for the next five
4921 years as revised biennially;
4922 (c) a survey of total residential land use;
4923 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
4924 income housing; and
4925 (e) a description of the county's program to encourage an adequate supply of moderate

4926 income housing.
4927 [(29)] (30) "Plat" means a map or other graphical representation of lands being laid out
4928 and prepared in accordance with Section 17-27a-603 , 17-23-17 , or 57-8-13 .
4929 [(30)] (31) "Public hearing" means a hearing at which members of the public are
4930 provided a reasonable opportunity to comment on the subject of the hearing.
4931 [(31)] (32) "Public meeting" means a meeting that is required to be open to the public
4932 under Title 52, Chapter 4, Open and Public Meetings Act.
4933 [(32)] (33) "Record of survey map" means a map of a survey of land prepared in
4934 accordance with Section 17-23-17 .
4935 [(33)] (34) "Residential facility for elderly persons" means a single-family or
4936 multiple-family dwelling unit that meets the requirements of Section 17-27a-515 , but does not
4937 include a health care facility as defined by Section 26-21-2 .
4938 [(34)] (35) "Residential facility for persons with a disability" means a residence:
4939 (a) in which more than one person with a disability resides; and
4940 (b) (i) is licensed or certified by the Department of Human Services under Title 62A,
4941 Chapter 2, Licensure of Programs and Facilities; or
4942 (ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
4943 Health Care Facility Licensing and Inspection Act.
4944 [(35)] (36) "Sanitary sewer authority" means the department, agency, or public entity
4945 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
4946 wastewater systems.
4947 [(36) "Special district" means any entity established under the authority of Title 17A,
4948 Special Districts, and any other governmental or quasi-governmental entity that is not a county,
4949 municipality, school district, or unit of the state.]
4950 (37) "Specified public utility" means an electrical corporation, gas corporation, or
4951 telephone corporation, as those terms are defined in Section 54-2-1 .
4952 (38) "Street" means a public right-of-way, including a highway, avenue, boulevard,
4953 parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
4954 way.
4955 (39) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
4956 divided into two or more lots, parcels, sites, units, plots, or other division of land for the

4957 purpose, whether immediate or future, for offer, sale, lease, or development either on the
4958 installment plan or upon any and all other plans, terms, and conditions.
4959 (b) "Subdivision" includes:
4960 (i) the division or development of land whether by deed, metes and bounds description,
4961 devise and testacy, map, plat, or other recorded instrument; and
4962 (ii) except as provided in Subsection (39)(c), divisions of land for residential and
4963 nonresidential uses, including land used or to be used for commercial, agricultural, and
4964 industrial purposes.
4965 (c) "Subdivision" does not include:
4966 (i) a bona fide division or partition of agricultural land for agricultural purposes;
4967 (ii) a recorded agreement between owners of adjoining properties adjusting their
4968 mutual boundary if:
4969 (A) no new lot is created; and
4970 (B) the adjustment does not violate applicable land use ordinances;
4971 (iii) a recorded document, executed by the owner of record:
4972 (A) revising the legal description of more than one contiguous unsubdivided parcel of
4973 property into one legal description encompassing all such parcels of property; or
4974 (B) joining a subdivided parcel of property to another parcel of property that has not
4975 been subdivided, if the joinder does not violate applicable land use ordinances;
4976 (iv) a bona fide division or partition of land in a county other than a first class county
4977 for the purpose of siting, on one or more of the resulting separate parcels:
4978 (A) an unmanned facility appurtenant to a pipeline owned or operated by a gas
4979 corporation, interstate pipeline company, or intrastate pipeline company; or
4980 (B) an unmanned telecommunications, microwave, fiber optic, electrical, or other
4981 utility service regeneration, transformation, retransmission, or amplification facility; or
4982 (v) a recorded agreement between owners of adjoining subdivided properties adjusting
4983 their mutual boundary if:
4984 (A) no new dwelling lot or housing unit will result from the adjustment; and
4985 (B) the adjustment will not violate any applicable land use ordinance.
4986 (d) The joining of a subdivided parcel of property to another parcel of property that has
4987 not been subdivided does not constitute a subdivision under this Subsection (39) as to the

4988 unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
4989 ordinance.
4990 (40) "Township" means a contiguous, geographically defined portion of the
4991 unincorporated area of a county, established under this part or reconstituted or reinstated under
4992 Section 17-27a-306 , with planning and zoning functions as exercised through the township
4993 planning commission, as provided in this chapter, but with no legal or political identity
4994 separate from the county and no taxing authority, except that "township" means a former
4995 township under Chapter 308, Laws of Utah 1996 where the context so indicates.
4996 (41) "Unincorporated" means the area outside of the incorporated area of a
4997 municipality.
4998 (42) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
4999 land use zones, overlays, or districts.
5000 Section 93. Section 17-27a-305 is amended to read:
5001 17-27a-305. Other entities required to conform to county's land use ordinances --
5002 Exceptions -- School districts and charter schools.
5003 (1) (a) Each county, municipality, school district, charter school, [special] local district,
5004 special service district, and political subdivision of the state shall conform to any applicable
5005 land use ordinance of any county when installing, constructing, operating, or otherwise using
5006 any area, land, or building situated within the unincorporated portion of the county.
5007 (b) In addition to any other remedies provided by law, when a county's land use
5008 ordinance is violated or about to be violated by another political subdivision, that county may
5009 institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
5010 prevent, enjoin, abate, or remove the improper installation, improvement, or use.
5011 (2) (a) Except as provided in Subsection (3), a school district or charter school is
5012 subject to a county's land use ordinances.
5013 (b) (i) Notwithstanding Subsection (3), a county may subject a charter school to
5014 standards within each zone pertaining to setback, height, bulk and massing regulations, off-site
5015 parking, curb cut, traffic circulation, and construction staging.
5016 (ii) The standards to which a county may subject a charter school under Subsection
5017 (2)(b)(i) shall be objective standards only and may not be subjective.
5018 (iii) Except as provided in Subsection (7)(d), the only basis upon which a county may

5019 deny or withhold approval of a charter school's land use application is the charter school's
5020 failure to comply with a standard imposed under Subsection (2)(b)(i).
5021 (iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of an
5022 obligation to comply with a requirement of an applicable building or safety code to which it is
5023 otherwise obligated to comply.
5024 (3) A county may not:
5025 (a) impose requirements for landscaping, fencing, aesthetic considerations,
5026 construction methods or materials, building codes, building use for educational purposes, or the
5027 placement or use of temporary classroom facilities on school property;
5028 (b) except as otherwise provided in this section, require a school district or charter
5029 school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
5030 school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
5031 children and not located on or contiguous to school property, unless the roadway or sidewalk is
5032 required to connect an otherwise isolated school site to an existing roadway;
5033 (c) require a district or charter school to pay fees not authorized by this section;
5034 (d) provide for inspection of school construction or assess a fee or other charges for
5035 inspection, unless the school district or charter school is unable to provide for inspection by an
5036 inspector, other than the project architect or contractor, who is qualified under criteria
5037 established by the state superintendent;
5038 (e) require a school district or charter school to pay any impact fee for an improvement
5039 project that is not reasonably related to the impact of the project upon the need that the
5040 improvement is to address; or
5041 (f) impose regulations upon the location of a project except as necessary to avoid
5042 unreasonable risks to health or safety.
5043 (4) Subject to Section 53A-20-108 , a school district or charter school shall coordinate
5044 the siting of a new school with the county in which the school is to be located, to:
5045 (a) avoid or mitigate existing and potential traffic hazards, including consideration of
5046 the impacts between the new school and future highways; and
5047 (b) to maximize school, student, and site safety.
5048 (5) Notwithstanding Subsection (3)(d), a county may, at its discretion:
5049 (a) provide a walk-through of school construction at no cost and at a time convenient to

5050 the district or charter school; and
5051 (b) provide recommendations based upon the walk-through.
5052 (6) (a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
5053 (i) a county building inspector;
5054 (ii) a school district building inspector; or
5055 (iii) an independent, certified building inspector who is:
5056 (A) not an employee of the contractor;
5057 (B) approved by a county building inspector or a school district building inspector; and
5058 (C) licensed to perform the inspection that the inspector is requested to perform.
5059 (b) The approval under Subsection (6)(a)(iii)(B) may not be unreasonably withheld.
5060 (c) If a school district or charter school uses an independent building inspector under
5061 Subsection (6)(a)(iii), the school district or charter school shall submit to the state
5062 superintendent of public instruction, on a monthly basis during construction of the school
5063 building, a copy of each inspection certificate regarding the school building.
5064 (7) (a) A charter school shall be considered a permitted use in all zoning districts
5065 within a county.
5066 (b) Each land use application for any approval required for a charter school, including
5067 an application for a building permit, shall be processed on a first priority basis.
5068 (c) Parking requirements for a charter school may not exceed the minimum parking
5069 requirements for schools or other institutional public uses throughout the county.
5070 (d) If a county has designated zones for a sexually oriented business, or a business
5071 which sells alcohol, a charter school may be prohibited from a location which would otherwise
5072 defeat the purpose for the zone unless the charter school provides a waiver.
5073 (e) (i) A school district or a charter school may seek a certificate authorizing permanent
5074 occupancy of a school building from:
5075 (A) the state superintendent of public instruction, as provided in Subsection
5076 53A-20-104 (3), if the school district or charter school used an independent building inspector
5077 for inspection of the school building; or
5078 (B) a county official with authority to issue the certificate, if the school district or
5079 charter school used a county building inspector for inspection of the school building.
5080 (ii) A school district may issue its own certificate authorizing permanent occupancy of

5081 a school building if it used its own building inspector for inspection of the school building,
5082 subject to the notification requirement of Subsection 53A-20-104 (3)(a)(ii).
5083 (iii) A charter school may seek a certificate authorizing permanent occupancy of a
5084 school building from a school district official with authority to issue the certificate, if the
5085 charter school used a school district building inspector for inspection of the school building.
5086 (iv) A certificate authorizing permanent occupancy issued by the state superintendent
5087 of public instruction under Subsection 53A-20-104 (3) or a school district official with authority
5088 to issue the certificate shall be considered to satisfy any county requirement for an inspection or
5089 a certificate of occupancy.
5090 Section 94. Section 17-35b-302 is amended to read:
5091 17-35b-302. Urban county structural form of county government.
5092 (1) The structural form of county government known as the "urban county" form
5093 retains, without change or modification, except to the extent that changes or modifications may
5094 be effectuated under other proceedings authorized by law, all existing incorporated cities and
5095 towns, special taxing districts, public authorities, county service areas, and other local public
5096 entities functioning within the boundaries of the county. Under this form of government, the
5097 county remains vested with all powers and duties vested in counties by general law, but in
5098 addition is vested with and empowered to exercise within the unincorporated territory of the
5099 county all powers and duties which, by general law, are conferred upon cities whose population
5100 is equal to that of the unincorporated territory of such county.
5101 (2) The urban county is empowered to enter into contractual arrangements for the joint
5102 exercise of powers or for performance of services and, for that purpose, may employ and be
5103 subject to the provisions of Title 11, Chapter 13, Interlocal Cooperation Act. By contract, the
5104 urban county may perform for any city, town, special taxing district, public authority, county
5105 service area, or other local public entity within the county any governmental service or function
5106 which such entity is lawfully empowered to perform for itself within its own territory, or which
5107 the county is lawfully empowered to perform anywhere within the county boundaries. No
5108 contract service or function shall be performed by the county except for a consideration which
5109 is at least substantially equal to the cost of performing it.
5110 (3) The plan for an urban county form of county government may provide for
5111 organization of the unincorporated territory of the county into one or more county service areas

5112 and, for this purpose, may provide for special organizing or implementing procedures which
5113 differ from those provided in Title [17A] 17B, Chapter [2] 2a, Part [4, County] 9, Service
5114 [Areas] Area Act. Except to the extent that the plan provides to the contrary, all noncontract
5115 services and functions lawfully performed by the county solely within unincorporated territory
5116 and not on a countywide basis shall, after the effective date of the plan, be considered
5117 performed and extended solely as services of, and financed by and through, the county service
5118 area. The plan may provide for, limit, or condition the services and functions which the urban
5119 county is authorized to perform and extend within the territory of incorporated cities and towns
5120 within the county and may provide procedures by which such provisions, limits, or conditions
5121 may be established and changed from time to time.
5122 (4) The plan for the urban county shall provide for the election of a county council,
5123 composed of not less than three members. The council shall be the county legislative body and
5124 shall exercise all legislative powers authorized by law. The plan shall specify:
5125 (a) whether the members of the council are to be elected from districts, at large, or by a
5126 combination of district and at-large constituencies;
5127 (b) their qualifications and terms of office, and whether such terms are concurrent or
5128 overlapping;
5129 (c) grounds for and methods for removal of council members from office;
5130 (d) procedures for filling vacancies on the council, provided that the procedures shall
5131 conform with Section 20A-1-508 ; and
5132 (e) the compensation, if any, of council members together with procedures for
5133 prescribing and changing such compensation from time to time.
5134 Section 95. Section 17-35b-303 is amended to read:
5135 17-35b-303. Community council form of county government.
5136 (1) The structural form of county government known as the "community council" form
5137 unites in a single consolidated city and county government the powers, duties, and functions
5138 which, immediately prior to its effective date, are vested in the county, the largest city in the
5139 county, such other cities and towns as elect to merge in it, and all special taxing districts, public
5140 authorities, county service areas, and other local public entities functioning within the
5141 boundaries of the county, except school districts. The consolidated government shall have
5142 power to extend on a countywide basis any governmental service or function which is

5143 authorized by law or which the previous county, cities, and other local public agencies included
5144 therein were empowered to provide for their residents, but no such service shall be provided
5145 within an incorporated municipality which continues to provide that service for its own
5146 inhabitants, except upon a contract basis for the municipality, and no taxes, assessments, fees,
5147 or other charges shall be extended or collected within the municipality for the purpose of
5148 financing any service which is not provided by the consolidated government within the
5149 municipality. "Largest city," as used in this section, means a city or cities the population of
5150 which, as shown by the most recent decennial or special census, exceeds 35% of the total
5151 county population.
5152 (2) The incorporated cities and towns, other than the largest city, in the county shall
5153 retain independent corporate existence and shall continue to provide local services to their
5154 inhabitants of the type and to the extent provided in the plan, but any such city or town, by
5155 majority vote of its qualified voters, cast either concurrently with the election at which the plan
5156 is approved or subsequently to it, as provided by the governing body of the city or town, may
5157 cause the city or town to be dissolved and its powers, duties, and functions vested in the
5158 countywide government.
5159 (3) The county legislative body of the countywide government shall be a council
5160 composed of not less than five persons as specified in the plan, elected respectively from
5161 communities, which collectively include all of the territory within the county, having
5162 boundaries described in the plan embracing substantially equal populations. In addition to
5163 other powers vested in the countywide government by law or pursuant to this act, the county
5164 council shall have all of the legislative and policymaking powers which it is possible for the
5165 governing body of a county or a city to possess and which are not expressly denied by the
5166 constitution, by a general law applicable to all cities or all counties, or by a specific restriction
5167 in the plan itself.
5168 (4) The voters of each community shall elect a community council composed of the
5169 community's elected member of the county council, who shall be chairman of the community
5170 council, and not less than two nor more than four additional members elected either from
5171 districts of substantially equal population within the community, or at large therein, as may be
5172 provided in the plan. A community council shall have the power and duty, in conformity with
5173 guidelines prescribed by the county council, to adopt policies and formulate specific programs

5174 relating to and defining the kinds and levels of local governmental services necessary to satisfy
5175 the needs and desires of the citizens within the community, but a community council shall have
5176 no power to engage personnel or to acquire facilities, property, or equipment for the
5177 administration or performance of such services. Authorized programs for local governmental
5178 services which have been approved by a community council shall be submitted to the county
5179 council for implementation and shall be carried into effect by the county council and county
5180 executive unless, by a vote of not less than 3/4 of its entire membership, the county council
5181 determines that a particular program, in whole or in part, should be rejected as contrary to the
5182 general welfare of the county. A community council program for local governmental services
5183 within a community:
5184 (a) shall include a method or methods for financing such services;
5185 (b) may provide for supplying of such services by contract or by joint or cooperative
5186 action pursuant to Title 11, Chapter 13, Interlocal Cooperation Act, in which case the
5187 community council shall be considered a "public agency" within the meaning of said act; and
5188 (c) may provide for supplying of such services through the creation of [county] service
5189 areas pursuant to Title [17A] 17B, Chapter [2] 2a, Part [4, County] 9, Service Area Act.
5190 (5) Notwithstanding Subsection (4) [of this section], in any community which includes,
5191 in whole or in part, the territory of a city or town, no community council program for local
5192 government services above the minimum level of area-wide services provided countywide may
5193 be submitted to the county council for implementation unless it first is submitted to the
5194 governing body of each such city or town for review. Within 30 days after such submission, the
5195 governing body of the city or town:
5196 (a) may file with the community council a written statement of its comments,
5197 suggestions, and recommendations relating to the program, and the community council shall
5198 give due consideration thereto; or
5199 (b) may, by resolution or ordinance, provide that any designated part of the community
5200 council program relating to a service to be provided within the city or town shall be submitted
5201 to the voters thereof at a general or special election to be held therein within 60 days after the
5202 date of the resolution or ordinance. Any part of the program submitted to the voters of a city or
5203 town under this Subsection (5) shall not be included in the program as submitted to the county
5204 council unless it receives an approving vote at such election by majority of all votes cast on the

5205 question.
5206 (6) Except as provided herein, the qualifications, mode of election, term of office,
5207 method of removal, procedure to fill vacancies, compensation, and other appropriate provisions
5208 relating to membership on the county council or community councils shall be provided in the
5209 plan.
5210 (7) Upon the effective date of the plan and as provided in it, all properties and assets,
5211 whether tangible or intangible, and all obligations, debts, and liabilities, of those governmental
5212 entities which are merged into the new countywide government shall become vested and
5213 transferred by operation of law in and to the new countywide government. The properties,
5214 assets, obligations, debts, and liabilities of any city or town not merged into the new
5215 countywide government, so far as allocated, used, or incurred primarily to discharge a function
5216 which under the plan will no longer be a responsibility of the city or town, shall likewise be
5217 vested in and transferred to the new countywide government. All transfers under this
5218 Subsection (7) shall be subject to equitable adjustments, conditions, and limitations provided in
5219 the plan and determined by procedures specified in the plan, but the contractual rights of any
5220 bondholder or creditor shall not be impaired.
5221 (8) Upon the effective date of the plan and as provided in it, nonelective officers and
5222 employees of governmental entities which are merged into the new countywide government
5223 and such officers and employees of nonmerged cities or towns whose qualifications and duties
5224 relate primarily to functions which under the plan will no longer be a responsibility of those
5225 cities or towns, shall be blanketed in and transferred to the new countywide government as
5226 officers and employees of it. Standards and procedures relating to such personnel transfers, and
5227 for resolving disputes or grievances relating thereto, shall be provided in the plan.
5228 Section 96. Section 17-36-9 is amended to read:
5229 17-36-9. Budget -- Financial plan -- Contents -- Municipal services and capital
5230 projects funds.
5231 (1) (a) The budget for each fund shall provide a complete financial plan for the budget
5232 period and shall contain in tabular form classified by the account titles as required by the
5233 uniform system of budgeting, accounting, and reporting:
5234 (i) estimates of all anticipated revenues;
5235 (ii) all appropriations for expenditures; and

5236 (iii) any additional data required by Section 17-36-10 or by the uniform system of
5237 budgeting, accounting, and reporting.
5238 (b) The total of appropriated expenditures shall be equal to the total of anticipated
5239 revenues.
5240 (2) (a) Each first-, second-, and third-class county that provides municipal-type
5241 services under Section 17-34-1 shall:
5242 (i) establish a special revenue fund, "Municipal Services Fund," and a capital projects
5243 fund, "Municipal Capital Projects Fund," or establish a [special] local district or special service
5244 district to provide municipal services; and
5245 (ii) budget appropriations for municipal services and municipal capital projects from
5246 these funds.
5247 (b) The Municipal Services Fund is subject to the same budgetary requirements as the
5248 county's general fund.
5249 (c) (i) Except as provided in Subsection (2)(c)(ii), the county may deposit revenue
5250 derived from any taxes otherwise authorized by law, income derived from the investment of
5251 money contained within the municipal services fund and the municipal capital projects fund,
5252 the appropriate portion of federal money, and fees collected into a municipal services fund and
5253 a municipal capital projects fund.
5254 (ii) The county may not deposit revenue derived from a fee, tax, or other source based
5255 upon a countywide assessment or from a countywide service or function into a municipal
5256 services fund or a municipal capital projects fund.
5257 (d) The maximum accumulated unappropriated surplus in the municipal services fund,
5258 as determined prior to adoption of the tentative budget, may not exceed an amount equal to the
5259 total estimated revenues of the current fiscal period.
5260 Section 97. Section 17-36-29 is amended to read:
5261 17-36-29. Special fund ceases -- Transfer.
5262 If the necessity to maintain any special fund ceases and there is a balance in such fund,
5263 the governing body shall authorize the transfer of the balance to the fund balance account in the
5264 General Fund. Any balance which remains in a special assessment fund and any unrequired
5265 balance in a special improvement guaranty fund shall be treated as provided in [Section
5266 17A-3-341 ] Subsection 11-42-701 (5). Any balance which remains in a capital projects fund

5267 shall be transferred to the appropriate debt service fund or such other fund as the bond
5268 ordinance requires or to the general fund balance account.
5269 Section 98. Section 17-41-101 is amended to read:
5270 17-41-101. Definitions.
5271 As used in this chapter:
5272 (1) "Advisory board" means:
5273 (a) for an agriculture protection area, the agriculture protection area advisory board
5274 created as provided in Section 17-41-201 ; and
5275 (b) for an industrial protection area, the industrial protection area advisory board
5276 created as provided in Section 17-41-201 .
5277 (2) (a) "Agriculture production" means production for commercial purposes of crops,
5278 livestock, and livestock products.
5279 (b) "Agriculture production" includes the processing or retail marketing of any crops,
5280 livestock, and livestock products when more than 50% of the processed or merchandised
5281 products are produced by the farm operator.
5282 (3) "Agriculture protection area" means a geographic area created under the authority
5283 of this chapter that is granted the specific legal protections contained in this chapter.
5284 (4) "Applicable legislative body" means:
5285 (a) with respect to a proposed agriculture protection area or industrial protection area:
5286 (i) the legislative body of the county in which the land proposed to be included in an
5287 agriculture protection area or industrial protection area is located, if the land is within the
5288 unincorporated part of the county; or
5289 (ii) the legislative body of the city or town in which the land proposed to be included in
5290 an agriculture protection area or industrial protection area is located; and
5291 (b) with respect to an existing agriculture protection area or industrial protection area:
5292 (i) the legislative body of the county in which the agriculture protection area or
5293 industrial protection area is located, if the agriculture protection area or industrial protection
5294 area is within the unincorporated part of the county; or
5295 (ii) the legislative body of the city or town in which the agriculture protection area or
5296 industrial protection area is located.
5297 (5) "Crops, livestock, and livestock products" includes:

5298 (a) land devoted to the raising of useful plants and animals with a reasonable
5299 expectation of profit, including:
5300 (i) forages and sod crops;
5301 (ii) grains and feed crops;
5302 (iii) livestock as defined in Subsection 59-2-102 [(26)] (27)(d);
5303 (iv) trees and fruits; or
5304 (v) vegetables, nursery, floral, and ornamental stock; or
5305 (b) land devoted to and meeting the requirements and qualifications for payments or
5306 other compensation under a crop-land retirement program with an agency of the state or federal
5307 government.
5308 (6) "Industrial protection area" means a geographic area created under the authority of
5309 this chapter that is granted the specific legal protections contained in this chapter.
5310 (7) (a) "Municipal" means of or relating to a city or town.
5311 (b) "Municipality" means a city or town.
5312 (8) "Planning commission" means:
5313 (a) a countywide planning commission if the land proposed to be included in the
5314 agriculture protection area or industrial protection area is within the unincorporated part of the
5315 county and not within a township;
5316 (b) a township planning commission if the land proposed to be included in the
5317 agriculture protection area or industrial protection area is within a township; or
5318 (c) a planning commission of a city or town if the land proposed to be included in the
5319 agriculture protection area or industrial protection area is within a city or town.
5320 (9) "Political subdivision" means a county, city, town, school district, [or special] local
5321 district, or special service district.
5322 (10) "Proposal sponsors" means the owners of land in agricultural production or
5323 industrial use who are sponsoring the proposal for creating an agriculture protection area or
5324 industrial protection area, respectively.
5325 (11) "State agency" means each department, commission, board, council, agency,
5326 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
5327 unit, bureau, panel, or other administrative unit of the state.
5328 (12) "Unincorporated" means not within a city or town.

5329 Section 99. Section 17-43-201 is amended to read:
5330 17-43-201. Local substance abuse authorities -- Responsibilities.
5331 (1) (a) (i) In each county operating under a county executive-council form of
5332 government under Section 17-52-504 , the county legislative body is the local substance abuse
5333 authority, provided however that any contract for plan services shall be administered by the
5334 county executive.
5335 (ii) In each county operating under a council-manager form of government under
5336 Section 17-52-505 , the county manager is the local substance abuse authority.
5337 (iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
5338 county legislative body is the local substance abuse authority.
5339 (b) Within legislative appropriations and county matching funds required by this
5340 section, and under the policy direction of the board and the administrative direction of the
5341 division, each local substance abuse authority shall:
5342 (i) develop substance abuse prevention and treatment services plans; and
5343 (ii) provide substance abuse services to residents of the county.
5344 (2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
5345 Cooperation Act, two or more counties may join to provide substance abuse prevention and
5346 treatment services.
5347 (b) The legislative bodies of counties joining to provide services may establish
5348 acceptable ways of apportioning the cost of substance abuse services.
5349 (c) Each agreement for joint substance abuse services shall:
5350 (i) (A) designate the treasurer of one of the participating counties or another person as
5351 the treasurer for the combined substance abuse authorities and as the custodian of moneys
5352 available for the joint services; and
5353 (B) provide that the designated treasurer, or other disbursing officer authorized by the
5354 treasurer, may make payments from the moneys for the joint services upon audit of the
5355 appropriate auditing officer or officers representing the participating counties;
5356 (ii) provide for the appointment of an independent auditor or a county auditor of one of
5357 the participating counties as the designated auditing officer for the combined substance abuse
5358 authorities;
5359 (iii) (A) provide for the appointment of the county or district attorney of one of the

5360 participating counties as the designated legal officer for the combined substance abuse
5361 authorities; and
5362 (B) authorize the designated legal officer to request and receive the assistance of the
5363 county or district attorneys of the other participating counties in defending or prosecuting
5364 actions within their counties relating to the combined substance abuse authorities; and
5365 (iv) provide for the adoption of management, clinical, financial, procurement,
5366 personnel, and administrative policies as already established by one of the participating
5367 counties or as approved by the legislative body of each participating county or interlocal board.
5368 (d) An agreement for joint substance abuse services may provide for joint operation of
5369 services and facilities or for operation of services and facilities under contract by one
5370 participating local substance abuse authority for other participating local substance abuse
5371 authorities.
5372 (3) (a) Each local substance abuse authority is accountable to the department, the
5373 Department of Health, and the state with regard to the use of state and federal funds received
5374 from those departments for substance abuse services, regardless of whether the services are
5375 provided by a private contract provider.
5376 (b) Each local substance abuse authority shall comply, and require compliance by its
5377 contract provider, with all directives issued by the department and the Department of Health
5378 regarding the use and expenditure of state and federal funds received from those departments
5379 for the purpose of providing substance abuse programs and services. The department and
5380 Department of Health shall ensure that those directives are not duplicative or conflicting, and
5381 shall consult and coordinate with local substance abuse authorities with regard to programs and
5382 services.
5383 (4) Each local substance abuse authority shall:
5384 (a) review and evaluate substance abuse prevention and treatment needs and services,
5385 including substance abuse needs and services for individuals incarcerated in a county jail or
5386 other county correctional facility;
5387 (b) annually prepare and submit to the division a plan approved by the county
5388 legislative body for funding and service delivery that includes:
5389 (i) provisions for services, either directly by the substance abuse authority or by
5390 contract, for adults, youth, and children, including those incarcerated in a county jail or other

5391 county correctional facility; and
5392 (ii) primary prevention, targeted prevention, early intervention, and treatment services;
5393 (c) establish and maintain, either directly or by contract, programs licensed under Title
5394 62A, Chapter 2, Licensure of Programs and Facilities;
5395 (d) appoint directly or by contract a full or part time director for substance abuse
5396 programs, and prescribe the director's duties;
5397 (e) provide input and comment on new and revised policies established by the board;
5398 (f) establish and require contract providers to establish administrative, clinical,
5399 procurement, personnel, financial, and management policies regarding substance abuse services
5400 and facilities, in accordance with the policies of the board, and state and federal law;
5401 (g) establish mechanisms allowing for direct citizen input;
5402 (h) annually contract with the division to provide substance abuse programs and
5403 services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
5404 Mental Health Act;
5405 (i) comply with all applicable state and federal statutes, policies, audit requirements,
5406 contract requirements, and any directives resulting from those audits and contract requirements;
5407 (j) promote or establish programs for the prevention of substance abuse within the
5408 community setting through community-based prevention programs;
5409 (k) provide funding equal to at least 20% of the state funds that it receives to fund
5410 services described in the plan;
5411 (l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
5412 Cooperation Act, Title [17A] 17B, Chapter 1, Part [4, Uniform] 6, Fiscal Procedures for
5413 [Special] Local Districts [Act], and Title 51, Chapter 2a, Accounting Reports from Political
5414 Subdivisions, Interlocal Organizations, and Other Local Entities Act;
5415 (m) for persons convicted of driving under the influence in violation of Section
5416 41-6a-502 or 41-6a-517 , conduct the following as defined in Section 41-6a-501 :
5417 (i) a screening;
5418 (ii) an assessment;
5419 (iii) an educational series; and
5420 (iv) substance abuse treatment; and
5421 (n) utilize proceeds of the accounts described in Subsection 62A-15-503 (1) to

5422 supplement the cost of providing the services described in Subsection (4)(m).
5423 (5) Before disbursing any public funds, each local substance abuse authority shall
5424 require that each entity that receives any public funds from the local substance abuse authority
5425 agrees in writing that:
5426 (a) the entity's financial records and other records relevant to the entity's performance
5427 of the services provided to the local substance abuse authority shall be subject to examination
5428 by:
5429 (i) the division;
5430 (ii) the local substance abuse authority director;
5431 (iii) (A) the county treasurer and county or district attorney; or
5432 (B) if two or more counties jointly provide substance abuse services under an
5433 agreement under Subsection (2), the designated treasurer and the designated legal officer;
5434 (iv) the county legislative body; and
5435 (v) in a county with a county executive that is separate from the county legislative
5436 body, the county executive;
5437 (b) the county auditor may examine and audit the entity's financial and other records
5438 relevant to the entity's performance of the services provided to the local substance abuse
5439 authority; and
5440 (c) the entity will comply with the provisions of Subsection (3)(b).
5441 (6) A local substance abuse authority may receive property, grants, gifts, supplies,
5442 materials, contributions, and any benefit derived therefrom, for substance abuse services. If
5443 those gifts are conditioned upon their use for a specified service or program, they shall be so
5444 used.
5445 (7) (a) As used in this section, "public funds" means the same as that term is defined in
5446 Section 17-43-203 .
5447 (b) Public funds received for the provision of services pursuant to the local substance
5448 abuse plan may not be used for any other purpose except those authorized in the contract
5449 between the local substance abuse authority and the provider for the provision of plan services.
5450 Section 100. Section 17-43-301 is amended to read:
5451 17-43-301. Local mental health authorities -- Responsibilities.
5452 (1) (a) (i) In each county operating under a county executive-council form of

5453 government under Section 17-52-504 , the county legislative body is the local mental health
5454 authority, provided however that any contract for plan services shall be administered by the
5455 county executive.
5456 (ii) In each county operating under a council-manager form of government under
5457 Section 17-52-505 , the county manager is the local mental health authority.
5458 (iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
5459 county legislative body is the local mental health authority.
5460 (b) Within legislative appropriations and county matching funds required by this
5461 section, under the policy direction of the board and the administrative direction of the division,
5462 each local mental health authority shall provide mental health services to persons within the
5463 county.
5464 (2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
5465 Cooperation Act, two or more counties may join to provide mental health prevention and
5466 treatment services.
5467 (b) The legislative bodies of counties joining to provide services may establish
5468 acceptable ways of apportioning the cost of mental health services.
5469 (c) Each agreement for joint mental health services shall:
5470 (i) (A) designate the treasurer of one of the participating counties or another person as
5471 the treasurer for the combined mental health authorities and as the custodian of moneys
5472 available for the joint services; and
5473 (B) provide that the designated treasurer, or other disbursing officer authorized by the
5474 treasurer, may make payments from the moneys available for the joint services upon audit of
5475 the appropriate auditing officer or officers representing the participating counties;
5476 (ii) provide for the appointment of an independent auditor or a county auditor of one of
5477 the participating counties as the designated auditing officer for the combined mental health
5478 authorities;
5479 (iii) (A) provide for the appointment of the county or district attorney of one of the
5480 participating counties as the designated legal officer for the combined mental health
5481 authorities; and
5482 (B) authorize the designated legal officer to request and receive the assistance of the
5483 county or district attorneys of the other participating counties in defending or prosecuting

5484 actions within their counties relating to the combined mental health authorities; and
5485 (iv) provide for the adoption of management, clinical, financial, procurement,
5486 personnel, and administrative policies as already established by one of the participating
5487 counties or as approved by the legislative body of each participating county or interlocal board.
5488 (d) An agreement for joint mental health services may provide for:
5489 (i) joint operation of services and facilities or for operation of services and facilities
5490 under contract by one participating local mental health authority for other participating local
5491 mental health authorities; and
5492 (ii) allocation of appointments of members of the mental health advisory council
5493 between or among participating counties.
5494 (3) (a) Each local mental health authority is accountable to the department, the
5495 Department of Health, and the state with regard to the use of state and federal funds received
5496 from those departments for mental health services, regardless of whether the services are
5497 provided by a private contract provider.
5498 (b) Each local mental health authority shall comply, and require compliance by its
5499 contract provider, with all directives issued by the department and the Department of Health
5500 regarding the use and expenditure of state and federal funds received from those departments
5501 for the purpose of providing mental health programs and services. The department and
5502 Department of Health shall ensure that those directives are not duplicative or conflicting, and
5503 shall consult and coordinate with local mental health authorities with regard to programs and
5504 services.
5505 (4) (a) Each local mental health authority shall:
5506 (i) review and evaluate mental health needs and services, including mental health needs
5507 and services for persons incarcerated in a county jail or other county correctional facility;
5508 (ii) as provided in Subsection (4)(b), annually prepare and submit to the division a
5509 plan approved by the county legislative body for mental health funding and service delivery,
5510 either directly by the local mental health authority or by contract;
5511 (iii) establish and maintain, either directly or by contract, programs licensed under Title
5512 62A, Chapter 2, Licensure of Programs and Facilities;
5513 (iv) appoint, directly or by contract, a full-time or part-time director for mental health
5514 programs and prescribe the director's duties;

5515 (v) provide input and comment on new and revised policies established by the board;
5516 (vi) establish and require contract providers to establish administrative, clinical,
5517 personnel, financial, procurement, and management policies regarding mental health services
5518 and facilities, in accordance with the policies of the board and state and federal law;
5519 (vii) establish mechanisms allowing for direct citizen input;
5520 (viii) annually contract with the division to provide mental health programs and
5521 services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
5522 Mental Health Act;
5523 (ix) comply with all applicable state and federal statutes, policies, audit requirements,
5524 contract requirements, and any directives resulting from those audits and contract requirements;
5525 (x) provide funding equal to at least 20% of the state funds that it receives to fund
5526 services described in the plan;
5527 (xi) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
5528 Cooperation Act, Title [17A] 17B, Chapter 1, Part [4, Uniform] 6, Fiscal Procedures for
5529 [Special] Local Districts [Act], and Title 51, Chapter 2a, Accounting Reports from Political
5530 Subdivisions, Interlocal Organizations, and Other Local Entities Act; and
5531 (xii) take and retain physical custody of minors committed to the physical custody of
5532 local mental health authorities by a judicial proceeding under Title 62A, Chapter 15, Part 7,
5533 Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health.
5534 (b) Each plan under Subsection (4)(a)(ii) shall include services for adults, youth, and
5535 children, which shall include:
5536 (i) inpatient care and services;
5537 (ii) residential care and services;
5538 (iii) outpatient care and services;
5539 (iv) 24-hour crisis care and services;
5540 (v) psychotropic medication management;
5541 (vi) psychosocial rehabilitation, including vocational training and skills development;
5542 (vii) case management;
5543 (viii) community supports, including in-home services, housing, family support
5544 services, and respite services;
5545 (ix) consultation and education services, including case consultation, collaboration

5546 with other county service agencies, public education, and public information; and
5547 (x) services to persons incarcerated in a county jail or other county correctional facility.
5548 (5) Before disbursing any public funds, each local mental health authority shall require
5549 that each entity that receives any public funds from a local mental health authority agrees in
5550 writing that:
5551 (a) the entity's financial records and other records relevant to the entity's performance
5552 of the services provided to the mental health authority shall be subject to examination by:
5553 (i) the division;
5554 (ii) the local mental health authority director;
5555 (iii) (A) the county treasurer and county or district attorney; or
5556 (B) if two or more counties jointly provide mental health services under an agreement
5557 under Subsection (2), the designated treasurer and the designated legal officer;
5558 (iv) the county legislative body; and
5559 (v) in a county with a county executive that is separate from the county legislative
5560 body, the county executive;
5561 (b) the county auditor may examine and audit the entity's financial and other records
5562 relevant to the entity's performance of the services provided to the local mental health
5563 authority; and
5564 (c) the entity will comply with the provisions of Subsection (3)(b).
5565 (6) A local mental health authority may receive property, grants, gifts, supplies,
5566 materials, contributions, and any benefit derived therefrom, for mental health services. If those
5567 gifts are conditioned upon their use for a specified service or program, they shall be so used.
5568 (7) (a) As used in this section, "public funds" means the same as that term is defined in
5569 Section 17-43-303 .
5570 (b) Public funds received for the provision of services pursuant to the local mental
5571 health plan may not be used for any other purpose except those authorized in the contract
5572 between the local mental health authority and the provider for the provision of plan services.
5573 Section 101. Section 17-50-103 is amended to read:
5574 17-50-103. Use of "county" prohibited -- Legal action to compel compliance.
5575 (1) For purposes of this section:
5576 [(b)] (a) (i) "Existing local entity" means a [special district,] local district, special

5577 service district, or other political subdivision of the state created before May 1, 2000.
5578 (ii) "Existing local entity" does not include a county, city, town, or school district.
5579 [(c)] (b) (i) ["Special] "Local district" means a [special] local district under Title [17A,
5580 Special Districts,] 17B, Limited Purpose Local Government Entities - Local Districts, that:
5581 (A) by statute is a political and corporate entity separate from the county that created it;
5582 and
5583 (B) by statute is not subject to the direction and control of the county that created it.
5584 (ii) The county legislative body's statutory authority to appoint members to the
5585 governing body of a [special] local district does not alone make the [special] local district
5586 subject to the direction and control of that county.
5587 [(a)] (c) (i) "New local entity" means a city, town, school district, [special district,]
5588 local district [under Title 17B, Chapter 2, Local Districts], special service district, or other
5589 political subdivision of the state created on or after May 1, 2000.
5590 (ii) "New local entity" does not include a county.
5591 (2) (a) A new local entity may not use the word "county" in its name.
5592 (b) After January 1, 2005, an existing local entity may not use the word "county" in its
5593 name unless the county whose name is used by the existing local entity gives its written
5594 consent.
5595 (3) A county with a name similar to the name of a new local entity or existing local
5596 entity in violation of this section may bring legal action in district court to compel compliance
5597 with this section.
5598 Section 102. Section 17-52-403 is amended to read:
5599 17-52-403. Adoption of optional plan -- Effect of adoption.
5600 (1) If a proposed optional plan is approved at an election held under Section
5601 17-52-206 :
5602 (a) the proposed optional plan becomes effective according to its terms and, subject to
5603 Subsection 17-52-401 (1)(c), at the time specified in it, is public record open to inspection by
5604 the public, and is judicially noticeable by all courts;
5605 (b) the county clerk shall, within ten days of the canvass of the election, file with the
5606 lieutenant governor a copy of the optional plan, certified by the clerk to be a true and correct
5607 copy;

5608 (c) all public officers and employees shall cooperate fully in making the transition
5609 between forms of county government; and
5610 (d) the county legislative body may enact and enforce necessary ordinances to bring
5611 about an orderly transition to the new form of government, including any transfer of power,
5612 records, documents, properties, assets, funds, liabilities, or personnel that are consistent with
5613 the approved optional plan and necessary or convenient to place it into full effect.
5614 (2) Adoption of an optional plan changing only the form of county government without
5615 adopting one of the structural forms under Chapter 35b, Part 3, Structural Forms of County
5616 Government, does not alter or affect the boundaries, organization, powers, duties, or functions
5617 of any:
5618 (a) school district;
5619 (b) justice court;
5620 (c) [independent special] local district established under Title [17A, Chapter 2,
5621 Independent Special Districts] 17B, Limited Purpose Local Government Entities - Local
5622 Districts;
5623 (d) special service district under Title 17A, Chapter 2, Part 13, Utah Special Service
5624 District Act;
5625 [(d)] (e) city or town; or
5626 [(e)] (f) entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal
5627 Cooperation Act.
5628 (3) After the adoption of an optional plan, the county remains vested with all powers
5629 and duties vested generally in counties by statute.
5630 Section 103. Section 17A-2-1314 is amended to read:
5631 17A-2-1314. Rights, powers, and authority of special service district.
5632 (1) In addition to all other rights, powers, and authority granted by law or by other
5633 provisions of this part, a service district has the following rights, powers and authority:
5634 (a) The right to sue and be sued.
5635 (b) The power to exercise all powers of eminent domain possessed by the county or
5636 municipality which established the service district.
5637 (c) The power to enter into contracts considered desirable by the governing authority of
5638 the service district to carry out the functions of the service district, including, without

5639 limitation, the power to enter into contracts with the government of the United States or any of
5640 its agencies, the State of Utah, counties, municipalities, school districts, and other public
5641 corporations, districts, or political subdivisions including institutions of higher education.
5642 These contracts may include, without limitation, provisions concerning the use, operation, and
5643 maintenance of any facilities of the service district and the collection of fees or charges with
5644 respect to commodities, services, or facilities provided by the service district.
5645 (d) The power to acquire or construct facilities, to purchase, take, receive, lease, take
5646 by gift, devise or bequest, or otherwise acquire, own, hold, improve, use, finance, and
5647 otherwise deal in and with real and personal property, or any interest in them, wherever
5648 situated, either within or outside of the service district, including water and water rights, and
5649 including the power to acquire other than by condemnation property or interests in property
5650 owned or held by institutions of higher education.
5651 (e) The power to sell, convey, mortgage, pledge, lease, exchange, transfer, and
5652 otherwise dispose of or contract with respect to the use, operation, and maintenance of, all or
5653 any part of its property and assets, including water and water rights.
5654 (f) The power to accept governmental grants, loans, or funds and to comply with the
5655 conditions of them.
5656 (g) The right to utilize any officers, employees, property, equipment, offices, or
5657 facilities of the county or municipality which established the service district, and for which the
5658 governing authority of the service district shall reimburse the county or municipality from
5659 service district funds, a reasonable amount for the services so rendered or for the property,
5660 equipment, offices, or facilities so used.
5661 (h) The right to employ officers, employees, and agents for the service district,
5662 including engineers, accountants, attorneys, and financial consultants, and to fix their
5663 compensation.
5664 (i) The right to adopt an official seal for the service district.
5665 (2) The county legislative body shall by ordinance establish those classes of contracts
5666 of a service district which shall be subject to the requirements of Title 11, Chapter 39, Building
5667 Improvements and Public Works Projects, or of any law hereafter enacted for the same
5668 purpose.
5669 (3) The governing authority of a municipality shall by ordinance establish those classes

5670 of contracts of a service district which shall be subject to the requirements of Title 11, Chapter
5671 39, Building Improvements and Public Works Projects, or of any law hereafter enacted for the
5672 same purpose.
5673 (4) A special service district is, to the same extent as if it were a local district, subject
5674 to and governed by Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts.
5675 Section 104. Section 17A-2-1315 is amended to read:
5676 17A-2-1315. Powers of improvement districts within special districts.
5677 (1) In addition to all other rights, powers, and authority granted by law or by other
5678 provisions of this part, a special service district established by a county under this part may
5679 [organize an improvement district under Chapter 3, Part 2] designate an assessment area and
5680 levy an assessment as provided in Title 11, Chapter 42, Assessment Area Act. [This
5681 improvement district has all the rights, powers, and authority of an improvement district
5682 otherwise organized under Chapter 3, Part 3, except:]
5683 [(a) notwithstanding Subsection 17A-3-228 (4), any bonds issued under Chapter 3, Part
5684 2, need comply only with the requirements of Section 11-14-304 with regard to the use of
5685 manual and facsimile signatures;]
5686 [(b) the governing authority of the service district may act in the same capacity as the
5687 governing body of a county with respect to all actions required to be taken in the creation or
5688 administration of an improvement district under Chapter 3, Part 2; and]
5689 [(c) notwithstanding Subsection 17A-3-204 (1), an improvement district created by a
5690 service district may be organized to include any incorporated or unincorporated area of the
5691 county and may cause improvements to be made within any incorporated or unincorporated
5692 area of the county, and the consent of the governing body of the municipality in which an
5693 incorporated area lies is not required prior to the establishment of an improvement district that
5694 includes all or part of that incorporated area.]
5695 (2) In addition to all other rights, powers, and authority granted by law or by other
5696 provisions of this part, a service district established by a municipality under this part may
5697 [organize an improvement district under Chapter 3, Part 3. This improvement district has all
5698 the rights, powers, and authority of an improvement district otherwise organized under Chapter
5699 3, Part 3, except that:] designate an assessment area and levy an assessment as provided in Title
5700 11, Chapter 42, Assessment Area Act.

5701 [(a) notwithstanding Section 17A-3-328 , any bonds issued under Chapter 3, Part 3,
5702 need comply only with the requirements of Section 11-14-304 , with regard to the use of manual
5703 and facsimile signatures;]
5704 [(b) the governing authority of the service district may act in the same capacity as the
5705 governing body of a municipality with respect to all actions required to be taken in the creation
5706 or administration of an improvement district under Chapter 3, Part 3; and]
5707 [(c) notwithstanding Subsection 17A-3-313 (1), assessments for improvements in an
5708 improvement district organized under Chapter 3, Part 3, may include assessments for all
5709 interest on any bonds issued.]
5710 Section 105. Section 17A-2-1326 is amended to read:
5711 17A-2-1326. Administrative control board -- Powers -- Compensation.
5712 (1) (a) The legislative body of a municipality or county that has established a special
5713 service district may, by resolution adopted at the time of the establishment or at any time
5714 afterwards, create an administrative control board for the special service district.
5715 (b) (i) Except as provided in Subsection (1)(f), each administrative control board shall
5716 consist of at least three and no more than seven persons.
5717 (ii) (A) If a county establishes a service district that includes all or part of one or more
5718 municipalities or one or more improvement districts organized under Title 17A, Chapter 2, Part
5719 3, County Improvement Districts for Water, Sewerage, Flood Control, Electric and Gas, to
5720 provide the same service as the service district, the municipality or improvement district may
5721 appoint one member to represent it on any administrative control board created.
5722 (B) A member appointed under Subsection (1)(b)(ii)(A) may, but need not, be a
5723 qualified elector of the service district.
5724 (c) (i) If a service district is providing commodities, services, or facilities to an
5725 institution of higher education, that institution may appoint the number of members necessary
5726 to assure that it has at least 1/3 of the total of the board members to represent it on the board.
5727 (ii) Members appointed under Subsection (1)(c)(i) may, but need not, be qualified
5728 electors of the service district.
5729 (d) The number of members of the administrative control board shall be increased by
5730 the number of improvement district, municipal, or institution of higher education members
5731 appointed.

5732 (e) (i) Except as provided in Subsections (1)(b)(ii)(B), (c)(ii), and (e)(ii), each member
5733 of an administrative control board shall be a qualified elector of the service district.
5734 (ii) A member of an administrative control board may be other than a qualified elector
5735 of the service district if at least 90% of the owners of property located within the service
5736 district are not qualified electors of the service district.
5737 (f) Notwithstanding Subsection (1)(b), each administrative control board of a special
5738 service district that provides jail services as provided in Subsection 17A-2-1304 (1)(a)(x) shall
5739 consist of nine members, three of whom shall be selected from a list of at least six
5740 recommendations from the county sheriff, three of whom shall be selected from a list of at least
5741 six recommendations from the municipalities within the county, and three of whom shall be
5742 selected from a list of at least six recommendations from the county executive.
5743 (2) Members of the administrative control board other than improvement district,
5744 municipal, or institution of higher education members shall be either appointed or elected as
5745 provided in Title 17A, Chapter 1, Part 3, Special District Board Selection Procedures.
5746 (3) (a) If a service district was established to provide either water or sewerage service
5747 or both, the governing authority may by resolution adopted at or after the time of establishment,
5748 or if the service district was established before March 29, 1983, or within 90 days after that
5749 date, create an administrative control board according to Subsection (1).
5750 (b) A resolution creating a service district for water or sewerage purposes adopted
5751 under Section 17A-2-1305 after March 29, 1983, shall identify all existing water and sewerage
5752 districts within the area of the proposed service district.
5753 (4) (a) One-half of the members initially elected or appointed shall serve two-year
5754 terms and 1/2 shall serve four year terms.
5755 (b) The initial terms shall be determined by lot.
5756 (5) (a) The legislative body of the municipality or county that established the service
5757 district may, by resolution, delegate any of its powers to the administrative control board,
5758 including the power to act as the governing authority of the service district and to exercise all
5759 or any of the powers provided for in Sections 17A-2-1314 , 17A-2-1316 , 17A-2-1320 , and
5760 17A-2-1321 .
5761 (b) Notwithstanding anything to the contrary in this part, the legislative body of the
5762 municipality or county may not delegate the power to:

5763 (i) levy a tax on the taxable property of the service district;
5764 (ii) issue bonds payable from taxes;
5765 (iii) call or hold an election for the authorization of the tax or bonds;
5766 (iv) levy assessments;
5767 (v) issue interim warrants or bonds payable from those assessments; or
5768 (vi) appoint a board of equalization under Section [ 17A-3-217 or Section 17A-3-317 ]
5769 11-42-404 .
5770 (6) The county or municipal legislative body that created the district may revoke in
5771 whole or in part any power or authority delegated to an administrative control board or other
5772 officers or employees.
5773 (7) Administrative control board members may receive compensation and
5774 reimbursement of expenses as provided in Section [ 17B-2-404 ] 17B-1-307 to the same extent
5775 as if they were members of a board of trustees of a local district.
5776 (8) If a county legislative body establishes an administrative control board under this
5777 section for a special service district that provides jail service as provided in Subsection
5778 17A-2-1304 (1)(a)(x), the administrative control board may review and approve any amount
5779 charged to the special service district as reimbursement to the county for services provided
5780 under Subsection 17A-2-1314 (1)(g) before the amount is included in the special service district
5781 budget.
5782 Section 106. Section 17A-2-1330 is amended to read:
5783 17A-2-1330. Other districts not affected -- Election by other districts to become
5784 service districts.
5785 (1) The adoption of this part shall not affect the existence or operation of any
5786 improvement district operating under authority of Title 17B, Chapter [2] 2a, Part [3] 4,
5787 metropolitan water district, water conservancy district, county service area, drainage district,
5788 fire protection district, or other district in existence on July 1, 1975; and, except as otherwise
5789 provided in Sections [ 17A-2-502 ] 17B-2a-204 and [ 17A-2-601 ] 17B-2a-302 , such districts
5790 may continue to be established pursuant to existing laws authorizing the same. Any such
5791 district existing on July 1, 1975, or established afterwards which provides services of the type
5792 permitted by this part for service districts may elect to become a service district and be
5793 governed by the provisions of this part upon:

5794 (a) adoption of a resolution or ordinance by the governing authority of the district so
5795 electing; and
5796 (b) establishment of a new service district to supply the same services as the former
5797 district to the same area as the former district after compliance with the procedures for the
5798 establishment of service districts provided for in this part.
5799 (2) Any outstanding bonds, notes or other obligations of any former district described
5800 in Subsection (1) shall become the bonds, notes, and obligations of the new service district
5801 with like effect as if issued by the service district; and any election authorizing the issuance of
5802 bonds of the former district shall have like effect as a bond election held under this part. Taxes
5803 in the amount and at the rate levied by the former district in the tax year preceding the change
5804 to the service district may continue to be levied by the service district without authorization at
5805 an election in the service district. No increase in the rate of these taxes shall be made unless an
5806 election authorizing the increase is held as provided for in this part; except that if any
5807 outstanding bonds are payable from taxes, the service district may levy such taxes as are
5808 necessary to pay the principal of and interest on these bonds without limit as to rate or amount
5809 and without an election.
5810 Section 107. Section 17B-1-101 is enacted to read:
5811 TITLE 17B. LIMITED PURPOSE LOCAL GOVERNMENT
5812 ENTITIES - LOCAL DISTRICTS
5813 CHAPTER 1. PROVISIONS APPLICABLE TO ALL LOCAL DISTRICTS
5814 Part 1. General Provisions
5815 17B-1-101. Title.
5816 This title is known as "Limited Purpose Local Government Entities - Local Districts."
5817 Section 108. Section 17B-1-102 , which is renumbered from Section 17B-2-101 is
5818 renumbered and amended to read:
5819 [17B-2-101]. 17B-1-102. Definitions.
5820 As used in this [chapter] title:
5821 (1) "Appointing authority" means the person or body authorized to make an
5822 appointment to the board of trustees.
5823 (2) "Basic local district":
5824 (a) means a local district that is not a cemetery maintenance district, drainage district,

5825 fire protection district, improvement district, irrigation district, metropolitan water district,
5826 mosquito abatement district, public transit district, service area, or water conservancy district;
5827 and
5828 (b) includes an entity that was, under the law in effect before April 30, 2007, created
5829 and operated as a local district, as defined under the law in effect before April 30, 2007.
5830 (3) "Bond" means:
5831 (a) a written obligation to repay borrowed money, whether denominated a bond, note,
5832 warrant, certificate of indebtedness, or otherwise; and
5833 (b) a lease agreement, installment purchase agreement, or other agreement that:
5834 (i) includes an obligation by the district to pay money; and
5835 (ii) the district's board of trustees, in its discretion, treats as a bond for purposes of Title
5836 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond
5837 Act.
5838 (4) "Cemetery maintenance district" means a local district that operates under and is
5839 subject to the provisions of this chapter and Chapter 2a, Part 1, Cemetery Maintenance District
5840 Act, including an entity that was created and operated as a cemetery maintenance district under
5841 the law in effect before April 30, 2007.
5842 (5) "Drainage district" means a local district that operates under and is subject to the
5843 provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an entity that
5844 was created and operated as a drainage district under the law in effect before April 30, 2007.
5845 (6) "Facility" or "facilities" includes any structure, building, system, land, water right,
5846 water, or other real or personal property required to provide a service that a local district is
5847 authorized to provide, including any related or appurtenant easement or right-of-way,
5848 improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing.
5849 (7) "Fire protection district" means a local district that operates under and is subject to
5850 the provisions of this chapter and Chapter 2a, Part 3, Fire Protection District Act, including an
5851 entity that was created and operated as a fire protection district under the law in effect before
5852 April 30, 2007.
5853 (8) "General obligation bond":
5854 (a) means a bond that is directly payable from and secured by ad valorem property
5855 taxes that are:

5856 (i) levied by the district that issues the bond; and
5857 (ii) in excess of the ad valorem property taxes of the district for the current fiscal year;
5858 and
5859 (b) does not include:
5860 (i) a short-term bond;
5861 (ii) a tax and revenue anticipation bond; or
5862 (iii) a special assessment bond.
5863 (9) "Improvement district" means a local district that operates under and is subject to
5864 the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an
5865 entity that was created and operated as a county improvement district under the law in effect
5866 before April 30, 2007.
5867 (10) "Irrigation district" means a local district that operates under and is subject to the
5868 provisions of this chapter and Chapter 2a, Part 5, Irrigation District Act, including an entity that
5869 was created and operated as an irrigation district under the law in effect before April 30, 2007.
5870 (11) "Local district" means a limited purpose local government entity, as described in
5871 Section 17B-1-103 , that operates under, is subject to, and has the powers set forth in:
5872 (a) this chapter; or
5873 (b) (i) this chapter; and
5874 (ii) (A) Chapter 2a, Part 1, Cemetery Maintenance District Act;
5875 (B) Chapter 2a, Part 2, Drainage District Act;
5876 (C) Chapter 2a, Part 3, Fire Protection District Act;
5877 (D) Chapter 2a, Part 4, Improvement District Act;
5878 (E) Chapter 2a, Part 5, Irrigation District Act;
5879 (F) Chapter 2a, Part 6, Metropolitan Water District Act;
5880 (G) Chapter 2a, Part 7, Mosquito Abatement District Act;
5881 (H) Chapter 2a, Part 8, Public Transit District Act;
5882 (I) Chapter 2a, Part 9, Service Area Act; or
5883 (J) Chapter 2a, Part 10, Water Conservancy District Act.
5884 (12) "Metropolitan water district" means a local district that operates under and is
5885 subject to the provisions of this chapter and Chapter 2a, Part 6, Metropolitan Water District
5886 Act, including an entity that was created and operated as a metropolitan water district under the

5887 law in effect before April 30, 2007.
5888 (13) "Mosquito abatement district" means a local district that operates under and is
5889 subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District
5890 Act, including an entity that was created and operated as a mosquito abatement district under
5891 the law in effect before April 30, 2007.
5892 [(1) "Local district" means a local government entity, created according to the
5893 provisions of Part 2, Creation of Local Districts, that is not a general purpose government
5894 entity but is a separate legal and corporate entity and a political subdivision of the state,
5895 authorized to provide limited services in a defined geographic area, as provided in Part 2,
5896 Creation of Local Districts.]
5897 [(2)] (14) "Municipal" means of or relating to a municipality.
5898 [(3)] (15) "Municipality" means a city or town.
5899 (16) "Person" has the same meaning as defined in Section 68-3-12 .
5900 [(4)] (17) "Political subdivision" means a county, city, town, local district under this
5901 [chapter, independent special district under Title 17A, Chapter 2, Independent Special
5902 Districts,] title, an entity created by interlocal cooperation agreement under Title 11, Chapter
5903 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a
5904 political subdivision of the state.
5905 [(5)] (18) "Private," with respect to real property, means not owned by the United
5906 States or any agency of the federal government, the state, a county, [a municipality, a school
5907 district, an independent special district under Title 17A, Chapter 2, Independent Special
5908 Districts, a local district, or any other] or a political subdivision [of the state].
5909 (19) "Public entity" means:
5910 (a) the United States or an agency of the United States;
5911 (b) the state or an agency of the state;
5912 (c) a political subdivision of the state or an agency of a political subdivision of the
5913 state;
5914 (d) another state or an agency of that state; or
5915 (e) a political subdivision of another state or an agency of that political subdivision.
5916 (20) "Public transit district" means a local district that operates under and is subject to
5917 the provisions of this chapter and Chapter 2a, Part 8, Public Transit District Act, including an

5918 entity that was created and operated as a public transit district under the law in effect before
5919 April 30, 2007.
5920 (21) "Revenue bond":
5921 (a) means a bond payable from designated taxes or other revenues other than the local
5922 district's ad valorem property taxes; and
5923 (b) does not include:
5924 (i) an obligation constituting an indebtedness within the meaning of an applicable
5925 constitutional or statutory debt limit;
5926 (ii) a tax and revenue anticipation bond; or
5927 (iii) a special assessment bond.
5928 (22) "Service area" means a local district that operates under and is subject to the
5929 provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was
5930 created and operated as a county service area or a regional service area under the law in effect
5931 before April 30, 2007.
5932 (23) "Short-term bond" means a bond that is required to be repaid during the fiscal year
5933 in which the bond is issued.
5934 (24) "Special assessment" means an assessment levied against property to pay all or a
5935 portion of the costs of making improvements that benefit the property.
5936 (25) "Special assessment bond" means a bond payable from special assessments.
5937 (26) "Taxable value" means the taxable value of property as computed from the most
5938 recent equalized assessment roll for county purposes.
5939 (27) "Tax and revenue anticipation bond" means a bond:
5940 (a) issued in anticipation of the collection of taxes or other revenues or a combination
5941 of taxes and other revenues; and
5942 (b) that matures within the same fiscal year as the fiscal year in which the bond is
5943 issued.
5944 [(6)] (28) "Unincorporated" means not included within a municipality.
5945 (29) "Water conservancy district" means a local district that operates under and is
5946 subject to the provisions of this chapter and Chapter 2a, Part 10, Water Conservancy District
5947 Act, including an entity that was created and operated as a water conservancy district under the
5948 law in effect before April 30, 2007.

5949 (30) "Works" includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel,
5950 power plant, and any facility, improvement, or property necessary or convenient for supplying
5951 or treating water for any beneficial use, and for otherwise accomplishing the purposes of a local
5952 district.
5953 Section 109. Section 17B-1-103 is enacted to read:
5954 17B-1-103. Local district status and powers.
5955 (1) A local district:
5956 (a) is:
5957 (i) a body corporate and politic with perpetual succession;
5958 (ii) a quasi-municipal corporation; and
5959 (iii) a political subdivision of the state; and
5960 (b) may sue and be sued.
5961 (2) A local district may:
5962 (a) acquire, by any lawful means, or lease any real or personal property necessary or
5963 convenient to the full exercise of the district's powers;
5964 (b) acquire, by any lawful means, any interest in real or personal property necessary or
5965 convenient to the full exercise of the district's powers;
5966 (c) transfer an interest in or dispose of any property or interest described in Subsections
5967 (2)(a) and (b);
5968 (d) acquire or construct works, facilities, and improvements necessary or convenient to
5969 the full exercise of the district's powers, and operate, control, maintain, and use those works,
5970 facilities, and improvements;
5971 (e) borrow money and incur indebtedness for any lawful district purpose;
5972 (f) issue bonds, including refunding bonds:
5973 (i) for any lawful district purpose; and
5974 (ii) as provided in and subject to Part 10, Local District Bonds.
5975 (g) levy and collect property taxes:
5976 (i) for any lawful district purpose or expenditure, including to cover a deficit resulting
5977 from tax delinquencies in a preceding year; and
5978 (ii) as provided in and subject to Part 10, Local District Property Tax Levy;
5979 (h) as provided in Title 78, Chapter 34, Eminent Domain, acquire by eminent domain

5980 property necessary to the exercise of the district's powers;
5981 (i) invest money as provided in Title 51, Chapter 7, State Money Management Act;
5982 (j) (i) impose fees or other charges for commodities, services, or facilities provided by
5983 the district, to pay some or all of the district's costs of providing the commodities, services, and
5984 facilities, including the costs of:
5985 (A) maintaining and operating the district;
5986 (B) acquiring, purchasing, constructing, improving, or enlarging district facilities;
5987 (C) issuing bonds and paying debt service on district bonds; and
5988 (D) providing a reserve established by the board of trustees; and
5989 (ii) take action the board of trustees considers appropriate and adopt regulations to
5990 assure the collection of all fees and charges that the district imposes;
5991 (k) if applicable, charge and collect a fee to pay for the cost of connecting a customer's
5992 property to district facilities in order for the district to provide service to the property;
5993 (l) enter into a contract that the local district board of trustees considers necessary,
5994 convenient, or desirable to carry out the district's purposes, including a contract:
5995 (i) with the United States or any department or agency of the United States;
5996 (ii) to indemnify and save harmless; or
5997 (iii) to do any act to exercise district powers;
5998 (m) purchase supplies, equipment, and materials;
5999 (n) encumber district property upon terms and conditions that the board of trustees
6000 considers appropriate;
6001 (o) exercise other powers and perform other functions that are provided by law;
6002 (p) construct and maintain works and establish and maintain facilities, including works
6003 or facilities:
6004 (i) across or along any public street or highway, subject to Subsection (3) and if the
6005 district:
6006 (A) promptly restores the street or highway, as much as practicable, to its former state
6007 of usefulness; and
6008 (B) does not use the street or highway in a manner that completely or unnecessarily
6009 impairs the usefulness of it;
6010 (ii) in, upon, or over any vacant public lands that are or become the property of the

6011 state, including school and institutional trust lands, as defined in Section 53C-1-103 , if the
6012 director of the School and Institutional Trust Lands Administration, acting under Sections
6013 53C-1-102 and 53C-1-303 , consents; or
6014 (iii) across any stream of water or watercourse, subject to Section 73-3-29 ;
6015 (q) perform any act or exercise any power reasonably necessary for the efficient
6016 operation of the local district in carrying out its purposes;
6017 (r) designate an assessment area and levy an assessment on land within the assessment
6018 area, as provided in Title 11, Chapter 42, Assessment Area Act;
6019 (s) contract with another political subdivision of the state to allow the other political
6020 subdivision to use the surplus capacity of or have an ownership interest in the district's works
6021 or facilities, upon the terms and for the consideration, whether monetary or nonmonetary
6022 consideration or no consideration, that the district's board of trustees considers to be in the best
6023 interests of the district and the public; and
6024 (t) contract with another political subdivision of the state or with a public or private
6025 owner of property on which the district has a right-of-way to allow the political subdivision or
6026 owner to use the surface of the land on which the district has a right-of-way, upon the terms
6027 and for the consideration, whether monetary or nonmonetary consideration or no consideration,
6028 that the district's board of trustees considers to be in the best interests of the district and the
6029 public.
6030 (3) With respect to a local district's use of a street or highway, as provided in
6031 Subsection (2)(q)(i):
6032 (a) the district shall comply with the reasonable rules and regulations of the
6033 governmental entity, whether state, county, or municipal, with jurisdiction over the street or
6034 highway, concerning:
6035 (i) an excavation and the refilling of an excavation;
6036 (ii) the relaying of pavement; and
6037 (iii) the protection of the public during a construction period; and
6038 (b) the governmental entity, whether state, county, or municipal, with jurisdiction over
6039 the street or highway:
6040 (i) may not require the district to pay a license or permit fee or file a bond; and
6041 (ii) may require the district to pay a reasonable inspection fee.

6042 (4) (a) A local district may:
6043 (i) acquire, lease, or construct and operate electrical generation, transmission, and
6044 distribution facilities, if:
6045 (A) the purpose of the facilities is to harness energy that results inherently from the
6046 district's:
6047 (I) operation of a project or facilities that the district is authorized to operate; or
6048 (II) providing a service that the district is authorized to provide;
6049 (B) the generation of electricity from the facilities is incidental to the primary
6050 operations of the district; and
6051 (C) operation of the facilities will not hinder or interfere with the primary operations of
6052 the district.
6053 (ii) (A) use electricity generated by the facilities; or
6054 (B) subject to Subsection (4)(b), sell electricity generated by the facilities to an electric
6055 utility or municipality with an existing system for distributing electricity.
6056 (b) A district may not act as a retail distributor or seller of electricity.
6057 (c) Revenue that a district receives from the sale of electricity from electrical
6058 generation facilities it owns or operates under this section may be used for any lawful district
6059 purpose, including the payment of bonds issued to pay some or all of the cost of acquiring or
6060 constructing the facilities.
6061 (5) A local district may adopt and, after adoption, alter a corporate seal.
6062 Section 110. Section 17B-1-104 , which is renumbered from Section 17B-2-102 is
6063 renumbered and amended to read:
6064 [17B-2-102]. 17B-1-104. Property owner provisions.
6065 (1) For purposes of this [chapter] title:
6066 (a) the owner of real property shall be the fee title owner according to the records of the
6067 county recorder on the date of the filing of the request or petition; and
6068 (b) the value of private real property shall be determined according to the last
6069 assessment before the filing of the request or petition, as determined by:
6070 (i) the county under Title 59, Chapter 2, Part 3, County Assessment, for property
6071 subject to assessment by the county;
6072 (ii) the State Tax Commission under Title 59, Chapter 2, Part 2, Assessment of

6073 Property, for property subject to assessment by the State Tax Commission; or
6074 (iii) the county, for all other property.
6075 (2) For purposes of each provision of this [chapter] title that requires the owners of
6076 private real property covering a percentage of the total private land area within the proposed
6077 local district to sign a request, petition, or protest:
6078 (a) a parcel of real property may not be included in the calculation of the required
6079 percentage unless the request or petition is signed by:
6080 (i) except as provided in Subsection (2)(a)(ii), owners representing a majority
6081 ownership interest in that parcel; or
6082 (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
6083 of owners of that parcel;
6084 (b) the signature of a person signing a request or petition in a representative capacity on
6085 behalf of an owner is invalid unless:
6086 (i) the person's representative capacity and the name of the owner the person represents
6087 are indicated on the request or petition with the person's signature; and
6088 (ii) the person provides documentation accompanying the request or petition that
6089 reasonably substantiates the person's representative capacity; and
6090 (c) subject to Subsection (2)(b), a duly appointed personal representative may sign a
6091 request or petition on behalf of a deceased owner.
6092 Section 111. Section 17B-1-105 , which is renumbered from Section 17A-1-204 is
6093 renumbered and amended to read:
6094 [17A-1-204]. 17B-1-105. Name of local district -- Name change.
6095 (1) (a) The name of each [special] local district created on or after May 1, 2000 shall
6096 comply with Subsection 17-50-103 (2)(a).
6097 [(2)] (b) The board of each [special] local district affected by Subsection
6098 17-50-103 (2)(b) shall ensure that after January 1, 2005 the [special] local district name
6099 complies with the requirements of that Subsection.
6100 (2) The name of a local district created after April 30, 2007 may not include the name
6101 of a county or municipality.
6102 (3) The name of a local district may include words descriptive of the type of service
6103 that the district provides.

6104 [(3)] (4) (a) A [special] local district board may change the name of that [special] local
6105 district by:
6106 (i) holding a public hearing on the proposed name change;
6107 (ii) adopting a resolution approving the name change; and
6108 (iii) giving written notice of the name change to the lieutenant governor, the State Tax
6109 Commission, the state auditor, and the clerk, recorder, and assessor of each county in which
6110 any part of the [special] local district is located.
6111 (b) A name change under Subsection [(3)] (4)(a) becomes effective upon the board's
6112 giving the notice required under Subsection [(3)] (4)(a)(iii).
6113 Section 112. Section 17B-1-106 , which is renumbered from Section 17B-2-104 is
6114 renumbered and amended to read:
6115 [17B-2-104]. 17B-1-106. Notice before preparing or amending a
6116 long-range plan or acquiring certain property.
6117 (1) As used in this section:
6118 (a) (i) "Affected entity" means each county, municipality, [independent special district
6119 under Title 17A, Chapter 2, Independent Special Districts,] local district under this [chapter]
6120 title, special service district, school district, interlocal cooperation entity established under Title
6121 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
6122 (A) whose services or facilities are likely to require expansion or significant
6123 modification because of an intended use of land; or
6124 (B) that has filed with the local district a copy of the general or long-range plan of the
6125 county, municipality, [independent special district,] local district, school district, interlocal
6126 cooperation entity, or specified public utility.
6127 (ii) "Affected entity" does not include the local district that is required under this
6128 section to provide notice.
6129 (b) "Specified public utility" means an electrical corporation, gas corporation, or
6130 telephone corporation, as those terms are defined in Section 54-2-1 .
6131 (2) (a) If a local district under this [chapter] title located in a county of the first or
6132 second class prepares a long-range plan regarding its facilities proposed for the future or
6133 amends an already existing long-range plan, the local district shall, before preparing a
6134 long-range plan or amendments to an existing long-range plan, provide written notice, as

6135 provided in this section, of its intent to prepare a long-range plan or to amend an existing
6136 long-range plan.
6137 (b) Each notice under Subsection (2)(a) shall:
6138 (i) indicate that the local district intends to prepare a long-range plan or to amend a
6139 long-range plan, as the case may be;
6140 (ii) describe or provide a map of the geographic area that will be affected by the
6141 long-range plan or amendments to a long-range plan;
6142 (iii) be sent to:
6143 (A) each county in whose unincorporated area and each municipality in whose
6144 boundaries is located the land on which the proposed long-range plan or amendments to a
6145 long-range plan are expected to indicate that the proposed facilities will be located;
6146 (B) each affected entity;
6147 (C) the Automated Geographic Reference Center created in Section 63F-1-506 ;
6148 (D) each association of governments, established pursuant to an interlocal agreement
6149 under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
6150 described in Subsection (2)(b)(iii)(A) is a member; and
6151 (E) the state planning coordinator appointed under Section 63-38d-202 ;
6152 (iv) with respect to the notice to counties and municipalities described in Subsection
6153 (2)(b)(iii)(A) and affected entities, invite them to provide information for the local district to
6154 consider in the process of preparing, adopting, and implementing the long-range plan or
6155 amendments to a long-range plan concerning:
6156 (A) impacts that the use of land proposed in the proposed long-range plan or
6157 amendments to a long-range plan may have on the county, municipality, or affected entity; and
6158 (B) uses of land that the county, municipality, or affected entity is planning or
6159 considering that may conflict with the proposed long-range plan or amendments to a long-range
6160 plan; and
6161 (v) include the address of an Internet website, if the local district has one, and the name
6162 and telephone number of a person where more information can be obtained concerning the
6163 local district's proposed long-range plan or amendments to a long-range plan.
6164 (3) (a) Except as provided in Subsection (3)(d), each local district intending to acquire
6165 real property in a county of the first or second class for the purpose of expanding the district's

6166 infrastructure or other facilities used for providing the services that the district is authorized to
6167 provide shall provide written notice, as provided in this Subsection (3), of its intent to acquire
6168 the property if the intended use of the property is contrary to:
6169 (i) the anticipated use of the property under the county or municipality's general plan;
6170 or
6171 (ii) the property's current zoning designation.
6172 (b) Each notice under Subsection (3)(a) shall:
6173 (i) indicate that the local district intends to acquire real property;
6174 (ii) identify the real property; and
6175 (iii) be sent to:
6176 (A) each county in whose unincorporated area and each municipality in whose
6177 boundaries the property is located; and
6178 (B) each affected entity.
6179 (c) A notice under this Subsection (3) is a protected record as provided in Subsection
6180 63-2-304 (7).
6181 (d) (i) The notice requirement of Subsection (3)(a) does not apply if the local district
6182 previously provided notice under Subsection (2) identifying the general location within the
6183 municipality or unincorporated part of the county where the property to be acquired is located.
6184 (ii) If a local district is not required to comply with the notice requirement of
6185 Subsection (3)(a) because of application of Subsection (3)(d)(i), the local district shall provide
6186 the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of the real
6187 property.
6188 Section 113. Section 17B-1-107 , which is renumbered from Section 17A-1-701 is
6189 renumbered and amended to read:
6190 [17A-1-701]. 17B-1-107. Recording a release of lien.
6191 If a [special] local district records a lien upon real property for an unpaid assessment by
6192 the owner and the owner then pays the assessment in full, including any interest and penalties,
6193 the [special] local district recording the lien shall record the release of the lien.
6194 Section 114. Section 17B-1-108 , which is renumbered from Section 17A-1-802 is
6195 renumbered and amended to read:
6196 [17A-1-802]. 17B-1-108. Restrictions on local district procurement of

6197 architect-engineer services.
6198 (1) As used in this section[, "architect-engineer]:
6199 (a) "Architect-engineer services" means those professional services within the scope of
6200 the practice of architecture as defined in Section 58-3a-102 [, or].
6201 (b) "Engineer services" means those professional services within the scope of the
6202 practice of professional engineering as defined in Section 58-22-102 .
6203 (2) When a [special] local district elects to obtain architect services or engineering
6204 services by using a competitive procurement process and has provided public notice of its
6205 competitive procurement process:
6206 (a) a higher education entity, or any part of one, may not submit a proposal in response
6207 to the [special] local district's competitive procurement process; and
6208 (b) the [special] local district may not award a contract to perform the architect services
6209 or engineering services solicited in the competitive procurement process to a higher education
6210 entity or any part of one.
6211 (3) Notwithstanding Subsection 63-56-102 (3)(d), each local district board that engages
6212 the services of a professional architect, engineer, or surveyor and considers more than one such
6213 professional for the engagement:
6214 (a) shall consider, as a minimum, in the selection process:
6215 (i) the qualifications, experience, and background of each firm submitting a proposal;
6216 (ii) the specific individuals assigned to the project and the time commitments of each
6217 to the project; and
6218 (iii) the project schedule and the approach to the project that the firm will take; and
6219 (b) may engage the services of a professional architect, engineer, or surveyor based on
6220 the criteria under Subsection (3)(a) rather than solely on lowest cost.
6221 Section 115. Section 17B-1-109 , which is renumbered from Section 17A-1-202 is
6222 renumbered and amended to read:
6223 [17A-1-202]. 17B-1-109. Procurement -- Use of recycled goods.
6224 The procurement officer or other person responsible for purchasing supplies for each
6225 [special] local district shall give recycled items consideration when inviting bids and
6226 purchasing supplies, in compliance with Section 11-37-101 .
6227 Section 116. Section 17B-1-110 , which is renumbered from Section 17A-1-201 is

6228 renumbered and amended to read:
6229 [17A-1-201]. 17B-1-110. Compliance with nepotism requirements.
6230 Each [special] local district shall comply with Title 52, Chapter 3, Prohibiting
6231 Employment of Relatives.
6232 Section 117. Section 17B-1-111 , which is renumbered from Section 17A-1-203 is
6233 renumbered and amended to read:
6234 [17A-1-203]. 17B-1-111. Impact fee resolution -- Notice and hearing
6235 requirements.
6236 (1) (a) [When any special] If a local district wishes to impose impact fees, the
6237 [governing] board of trustees of the [special] local district shall:
6238 (i) prepare a proposed impact fee resolution that meets the requirements of Title 11,
6239 Chapter 36, Impact Fees Act;
6240 (ii) make a copy of the impact fee resolution available to the public at least 14 days
6241 before the date of the public hearing and hold a public hearing on the proposed impact fee
6242 resolution; and
6243 (iii) provide reasonable notice of the public hearing at least 14 days before the date of
6244 the hearing.
6245 (b) After the public hearing, the [governing] board of trustees may:
6246 (i) adopt the impact fee resolution as proposed;
6247 (ii) amend the impact fee resolution and adopt or reject it as amended; or
6248 (iii) reject the resolution.
6249 (2) A [special] local district meets the requirements of reasonable notice required by
6250 this section if it:
6251 (a) posts notice of the hearing or meeting in at least three public places within the
6252 jurisdiction and publishes notice of the hearing or meeting in a newspaper of general
6253 circulation in the jurisdiction, if one is available; or
6254 (b) gives actual notice of the hearing or meeting.
6255 (3) The [special] local district's [governing] board of trustees may enact a resolution
6256 establishing stricter notice requirements than those required by this section.
6257 (4) (a) Proof that one of the two forms of notice required by this section was given is
6258 prima facie evidence that notice was properly given.

6259 (b) If notice given under authority of this section is not challenged within 30 days from
6260 the date of the meeting for which the notice was given, the notice is considered adequate and
6261 proper.
6262 Section 118. Section 17B-1-112 is enacted to read:
6263 17B-1-112. Publishing district information in telephone directory.
6264 (1) Each local district with a total annual budget over $5,000 shall:
6265 (a) subject to Subsection (2), provide the name, telephone number, and address of the
6266 district to the telephone directory publisher serving the geographic area within which the
6267 district is located; and
6268 (b) request the telephone directory publisher to publish the district's name, telephone
6269 number, and address in the government or other appropriate government-related section of the
6270 publisher's telephone directory that serves the area within which the district is located.
6271 (2) If the district does not have a telephone or address or both, the district shall provide
6272 the telephone number or address or both, as the case may be, of the district's officer in charge
6273 of the district's day to day operations, for and in the place of the telephone number or address
6274 or both of the district.
6275 (3) Subsection (1) does not apply to a local district whose name, telephone number,
6276 and address are published in the government or other appropriate government-related section of
6277 the telephone directory of the telephone directory publisher serving the geographic area within
6278 which the local district is located.
6279 Section 119. Section 17B-1-113 , which is renumbered from Section 17A-1-504 is
6280 renumbered and amended to read:
6281 [17A-1-504]. 17B-1-113. Liability insurance.
6282 [(1) (a) (i) Except as provided in Subsection (1)(a)(ii), the legislative body of each
6283 county, city, or town that creates a special district after May 4, 1998, shall, within 60 days of
6284 the special district's creation, deliver written notification of the creation to the state auditor.]
6285 [(ii) Notwithstanding Subsection (1)(a)(i), each special district created after May 4,
6286 1998, shall, within 60 days of its creation, deliver written notification of its creation to the state
6287 auditor, if the special district was created by other than a county, city, or town.]
6288 [(b) The state auditor shall maintain a list of all special districts in the state.]
6289 [(2)] Each [special] local district with an annual operating budget of [at least] $50,000

6290 or more shall obtain liability insurance as considered appropriate by the [special] local district
6291 board.
6292 Section 120. Section 17B-1-114 is enacted to read:
6293 17B-1-114. Local district property taxes on a parity with general taxes.
6294 Unless otherwise specifically provided by statute, property taxes levied by a local
6295 district shall constitute a lien on the property on a parity with and collectible at the same time
6296 and in the same manner as general county taxes that are a lien on the property.
6297 Section 121. Section 17B-1-115 is enacted to read:
6298 17B-1-115. Validation of previously created local districts -- Continuation of
6299 certain local districts under this chapter.
6300 (1) Each local district created before April 30, 2007 under the law in effect at the time
6301 of the creation is declared to be validly and legally constituted.
6302 (2) An entity created and operating under the law in effect before April 30, 2007 as a
6303 local district but not as a cemetery maintenance district, drainage district, fire protection
6304 district, improvement district, irrigation district, metropolitan water district, mosquito
6305 abatement district, public transit district, service area, or water conservancy district shall
6306 continue on and after April 30, 2007 as a local district subject to the provisions of this chapter
6307 but not subject to the provisions of Chapter 2a, Provisions Applicable to Different Types of
6308 Local Districts.
6309 (3) Nothing in this title may be construed to prohibit or limit a local district from
6310 providing on or after April 30, 2007 a service that it was authorized before that date to provide.
6311 Section 122. Section 17B-1-116 is enacted to read:
6312 17B-1-116. Property exempt from taxation and execution.
6313 All property and assets of a local district are exempt from taxation and exempt from
6314 execution.
6315 Section 123. Section 17B-1-117 is enacted to read:
6316 17B-1-117. Severability.
6317 A court's invalidation of any provision of this title may not be considered to affect the
6318 validity of any other provision of this title.
6319 Section 124. Section 17B-1-201 , which is renumbered from Section 17B-2-201 is
6320 renumbered and amended to read:

6321 Part 2. Creation of a Local District
6322 [17B-2-201]. 17B-1-201. Definitions.
6323 As used in this part:
6324 (1) "Applicable area" means:
6325 (a) for a county, the unincorporated area of the county that is included within the
6326 proposed local district; or
6327 (b) for a municipality, the area of the municipality that is included within the proposed
6328 local district.
6329 (2) "Governing body" means:
6330 (a) for a county or municipality, the legislative body of the county or municipality; and
6331 (b ) for a local district, the board of trustees of the local district.
6332 (3) "Initiating local district" means a local district that adopts a resolution proposing
6333 the creation of a local district under Subsection 17B-1-203 (1)(d).
6334 [(2)] (4) "Petition" means a petition under Subsection [ 17B-2-203 ] 17B-1-203 (1)(a) or
6335 (b).
6336 [(3)] (5) "Property owner petition" means a petition under Subsection [ 17B-2-203]
6337 17B-1-203 (1)(a).
6338 [(4)] (6) "Property owner request" means a request under Section [ 17B-2-204 ]
6339 17B-1-204 that is signed by owners of real property as provided in Subsection [ 17B-2-204 ]
6340 17B-1-204 (2)(b)(i).
6341 [(5)] (7) "Registered voter request" means a request under Section [ 17B-2-204 ]
6342 17B-1-204 that is signed by registered voters as provided in Subsection [ 17B-2-204 ]
6343 17B-1-204 (2)(b)(ii).
6344 [(6)] (8) "Registered voter petition" means a petition under Subsection [ 17B-2-203 ]
6345 17B-1-203 (1)(b).
6346 [(7)] (9) "Request" means a request as described in Section [ 17B-2-204 ] 17B-1-204 .
6347 [(8)] (10) "Responsible body" means the [legislative] governing body of:
6348 (a) the municipality in which the proposed local district is located, if the petition or
6349 resolution proposes the creation of a local district located entirely within a single municipality;
6350 (b) the county in which the proposed local district is located, if the petition or resolution
6351 proposes the creation of a local district located entirely within a single county and all or part of

6352 the proposed local district is located within:
6353 (i) the unincorporated part of the county; or
6354 (ii) more than one municipality within the county; [or]
6355 (c) if the petition or resolution proposes the creation of a local district located within
6356 more than one county, the county whose boundaries include more of the area of the proposed
6357 local district than is included within the boundaries of any other county[.]; or
6358 (d) the initiating local district, if a resolution proposing the creation of a local district is
6359 adopted under Subsection 17B-1-203 (1)(d).
6360 [(9)] (11) "Responsible clerk" means the clerk of the county or the clerk or recorder of
6361 the municipality whose legislative body is the responsible body.
6362 Section 125. Section 17B-1-202 , which is renumbered from Section 17B-2-202 is
6363 renumbered and amended to read:
6364 [17B-2-202]. 17B-1-202. Local district may be created -- Services that may
6365 be provided -- Limitations -- Name.
6366 (1) (a) A local district may be created as provided in this part to provide within its
6367 boundaries service consisting of:
6368 [(a)] (i) the operation of an airport;
6369 [(b)] (ii) the operation of a cemetery;
6370 [(c) the operation of a system for the generation or distribution of electricity;]
6371 [(d) the operation of a system for the transmission of natural or manufactured gas that
6372 is:]
6373 [(i) connected to a gas plant, as defined in Section 54-2-1 , of a gas corporation, as
6374 defined in Section 54-2-1 , that is regulated under Section 54-4-1 ; and]
6375 [(ii) to be used to facilitate gas utility service within the district if such gas utility
6376 service is not available within the district prior to the acquisition or construction of such a
6377 system;]
6378 [(e)] (iii) fire protection, paramedic, and emergency services;
6379 [(f)] (iv) garbage collection and disposal;
6380 [(g)] (v) health care, including health department or hospital service;
6381 [(h)] (vi) the operation of a library;
6382 [(i)] (vii) abatement or control of mosquitos and other insects;

6383 [(j)] (viii) the operation of parks or recreation facilities or services;
6384 [(k)] (ix) the operation of a sewage system;
6385 [(l)] (x) street lighting;
6386 [(m)] (xi) the construction and maintenance of curb, gutter, and sidewalk;
6387 [(n)] (xii) transportation, including public transit and providing streets and roads;
6388 [(o)] (xiii) the operation of a system [for the control of storm or flood waters], or one
6389 or more components of a system, for the collection, storage, retention, control, conservation,
6390 treatment, supplying, distribution, or reclamation of water, including storm, flood, sewage,
6391 irrigation, and culinary water, whether the system is operated on a wholesale or retail level or
6392 both;
6393 [(p) the operation of an irrigation water system;]
6394 [(q) the operation of a culinary water system; or]
6395 (xiv) extended police protection; or
6396 [(r)] (xv) subject to Subsection (1)(b), the underground installation of an electric utility
6397 line or the conversion to underground of an existing electric utility line.
6398 (b) Each local district that provides the service of the underground installation of an
6399 electric utility line or the conversion to underground of an existing electric utility line shall, in
6400 installing or converting the line, provide advance notice to and coordinate with the utility that
6401 owns the line.
6402 (2) For purposes of this section:
6403 (a) "Operation" means all activities involved in providing the indicated service
6404 including acquisition and ownership of property reasonably necessary to provide the indicated
6405 service and acquisition, construction, and maintenance of facilities and equipment reasonably
6406 necessary to provide the indicated service.
6407 (b) "System" means the aggregate of interrelated components that combine together to
6408 provide the indicated service including[: (i)], for a sewage system, collection and treatment[;
6409 and].
6410 [(ii) for an irrigation or culinary water system, collection, retention, treatment, and
6411 distribution to either the end user or another that in turn distributes to the end user.]
6412 (3) (a) [Except as provided in Subsection (3)(b), a] A local district may not be created
6413 to provide and may not after its creation provide [no] more than two of the services listed in

6414 Subsection (1).
6415 [(b) Notwithstanding Subsection (3)(a), a local district may be created to provide and
6416 may after its creation provide services consisting of:]
6417 [(i) the operation of some or all of the components of a sewage system;]
6418 [(ii) the operation of some or all of the components of an irrigation water system; and]
6419 [(iii) the operation of some or all of the components of a culinary water system.]
6420 (b) Subsection (3)(a) may not be construed to prohibit a local district from providing
6421 more than two services if, before April 30, 2007, the local district was authorized to provide
6422 those services.
6423 (4) (a) Except as provided in Subsection (4)(b), a local district may not be created to
6424 provide and may not after its creation provide to an area the same service already being
6425 provided to that area by another political subdivision, unless the other political subdivision
6426 gives its written consent.
6427 (b) For purposes of Subsection (4)(a), a local district does not provide the same service
6428 as another political subdivision if it operates a component of a system that is different from a
6429 component operated by another political subdivision but within the same:
6430 (i) sewage system; or
6431 (ii) [irrigation] water system[; or].
6432 [(iii) culinary water system.]
6433 (5) (a) Except for a local district in the creation of which an election is not required
6434 under Subsection [ 17B-2-214 ] 17B-1-214 (3)(c), the area of a local district may include all or
6435 part of the unincorporated area of one or more counties and all or part of one or more
6436 municipalities.
6437 (b) The area of a local district need not be contiguous.
6438 [(6) The name of a local district:]
6439 [(a) may include words descriptive of the type of service provided by the local district;
6440 and]
6441 [(b) may not include the name of a county or municipality.]
6442 Section 126. Section 17B-1-203 , which is renumbered from Section 17B-2-203 is
6443 renumbered and amended to read:
6444 [17B-2-203]. 17B-1-203. Process to initiate the creation of a local district

6445 -- Petition or resolution.
6446 (1) The process to create a local district may be initiated by:
6447 (a) subject to Section [ 17B-2-204 ] 17B-1-204 , a petition signed by the owners of
6448 private real property that:
6449 (i) is located within the proposed local district;
6450 (ii) covers at least 33% of the total private land area within the proposed local district
6451 as a whole and within each applicable area;
6452 (iii) is equal in value to at least 25% of the value of all private real property within the
6453 proposed local district as a whole and within each applicable area; and
6454 (iv) complies with the requirements of Subsection [ 17B-2-205 ] 17B-1-205 (1) and
6455 Section [ 17B-2-208 ] 17B-1-208 ;
6456 (b) subject to Section [ 17B-2-204 ] 17B-1-204 , a petition that:
6457 (i) is signed by registered voters residing within the proposed local district as a whole
6458 and within each applicable area, equal in number to at least 33% of the number of votes cast in
6459 the proposed local district as a whole and in each applicable area, respectively, for the office of
6460 governor at the last regular general election prior to the filing of the petition; and
6461 (ii) complies with the requirements of Subsection [ 17B-2-205 ] 17B-1-205 (1) and
6462 Section [ 17B-2-208 ; or] 17B-1-208 ;
6463 (c) a resolution proposing the creation of a local district, adopted by the legislative
6464 body of each county whose unincorporated area includes and each municipality whose
6465 boundaries include any of the proposed local district[.]; or
6466 (d) a resolution proposing the creation of a local district, adopted by the board of
6467 trustees of an existing local district whose boundaries completely encompass the proposed
6468 local district, if:
6469 (i) the proposed local district is being created to provide one or more components of
6470 the same service that the initiating local district is authorized to provide; and
6471 (ii) the initiating local district is not providing to the area of the proposed local district
6472 any of the components that the proposed local district is being created to provide.
6473 (2) (a) Each resolution under Subsection (1)(c) or (d) shall:
6474 (i) describe the area proposed to be included in the proposed local district;
6475 (ii) be accompanied by a map that shows the boundaries of the proposed local district;

6476 (iii) describe the service proposed to be provided by the proposed local district;
6477 (iv) explain the anticipated method of paying the costs of providing the proposed
6478 service;
6479 (v) state the estimated average financial impact on a household within the proposed
6480 local district; [and]
6481 (vi) state the number of members that the board of trustees of the proposed local
6482 district will have, consistent with the requirements of Subsection [17B-2-402 (1).]
6483 17B-1-302 (2); and
6484 (vii) for a proposed basic local district:
6485 (A) state whether the members of the board of trustees will be elected or appointed or
6486 whether some members will be elected and some appointed, as provided in Section
6487 17B-1-1302 ;
6488 (B) if one or more members will be elected, state the basis upon which each elected
6489 member will be elected; and
6490 (C) if applicable, explain how the election or appointment of board members will
6491 transition from one method to another based on stated milestones or events, as provided in
6492 Section 17B-1-1302 .
6493 (b) Each county or municipal legislative body adopting a resolution under Subsection
6494 (1)(c) shall, on or before the first public hearing under Section [ 17B-2-210 ] 17B-1-210 , mail or
6495 deliver a copy of the resolution to the responsible body if the county or municipal legislative
6496 body's resolution is one of multiple resolutions adopted by multiple county or municipal
6497 legislative bodies proposing the creation of the same local district.
6498 Section 127. Section 17B-1-204 , which is renumbered from Section 17B-2-204 is
6499 renumbered and amended to read:
6500 [17B-2-204]. 17B-1-204. Request for service required before filing of
6501 petition -- Request requirements.
6502 (1) A petition may not be filed until after:
6503 (a) a request has been filed with:
6504 (i) the clerk of each county in whose unincorporated area any part of the proposed local
6505 district is located; and
6506 (ii) the clerk or recorder of each municipality in which any part of the proposed local

6507 district is located; and
6508 (b) each county and municipality with which a request under Subsection (1)(a) is filed:
6509 (i) has adopted a resolution under Subsection [ 17B-2-212 ] 17B-1-212 (1) indicating
6510 whether it will provide the requested service; or
6511 (ii) is considered to have declined to provide the requested service under Subsection
6512 [ 17B-2-212 ] 17B-1-212 (2) or (3).
6513 (2) Each request under Subsection (1)(a) shall:
6514 (a) ask the county or municipality to provide the service proposed to be provided by the
6515 proposed local district within the applicable area; and
6516 (b) be signed by:
6517 (i) the owners of private real property that:
6518 (A) is located within the proposed local district;
6519 (B) covers at least 10% of the total private land area within the applicable area; and
6520 (C) is equal in value to at least 7% of the value of all private real property within the
6521 applicable area; or
6522 (ii) registered voters residing within the applicable area equal in number to at least 10%
6523 of the number of votes cast in the applicable area for the office of governor at the last general
6524 election prior to the filing of the request.
6525 (3) For purposes of Subsections (1) and (2), an area proposed to be annexed to a
6526 municipality in a petition under Section 10-2-403 filed before and still pending at the time of
6527 filing of a petition shall be considered to be part of that municipality.
6528 Section 128. Section 17B-1-205 , which is renumbered from Section 17B-2-205 is
6529 renumbered and amended to read:
6530 [17B-2-205]. 17B-1-205. Petition and request requirements -- Withdrawal
6531 of signature.
6532 (1) Each petition and request shall:
6533 (a) indicate the typed or printed name and current residence address of each property
6534 owner or registered voter signing the petition;
6535 (b) if it is a property owner request or petition, indicate the address of the property as to
6536 which the owner is signing the request or petition;
6537 (c) describe the entire area of the proposed local district;

6538 (d) be accompanied by a map showing the boundaries of the entire proposed local
6539 district;
6540 (e) specify the service proposed to be provided by the proposed local district; [and]
6541 (f) if the proposed local district is a service area under Chapter 2a, Part 9, Service Area
6542 Act, that is entirely within the unincorporated area of a single county, state whether the initial
6543 board of trustees will be:
6544 (i) the county legislative body;
6545 (ii) appointed as provided in Section 17B-1-304 ; or
6546 (iii) elected as provided in Section 17B-1-306 ; and
6547 [(f)] (g) designate up to five signers of the petition or request as sponsors, one of whom
6548 shall be designated as the contact sponsor, with the mailing address and telephone number of
6549 each.
6550 (2) A signer of a request or petition may withdraw or, once withdrawn, reinstate the
6551 signer's signature at any time before the filing of the request or petition by filing a written
6552 withdrawal or reinstatement with:
6553 (a) in the case of a request:
6554 (i) the clerk of the county or the clerk or recorder of the municipality in whose
6555 applicable area the signer's property is located, if the request is a property owner request; or
6556 (ii) the clerk of the county or the clerk or recorder of the municipality in whose
6557 applicable area the signer resides, if the request is a registered voter request; or
6558 (b) in the case of a petition, the responsible clerk.
6559 Section 129. Section 17B-1-206 , which is renumbered from Section 17B-2-206 is
6560 renumbered and amended to read:
6561 [17B-2-206]. 17B-1-206. Request certification -- Amended request.
6562 (1) Within 30 days after the filing of a request, the clerk of each county and the clerk or
6563 recorder of each municipality with which a request was filed shall:
6564 (a) with the assistance of other county or municipal officers from whom the clerk or
6565 recorder requests assistance, determine, for the clerk or recorder's respective county or
6566 municipality, whether the request complies with the requirements of Subsections [ 17B-2-204 ]
6567 17B-1-204 (2) and [ 17B-2-205 ] 17B-1-205 (1); and
6568 (b) (i) if the clerk or recorder determines that the request complies with the

6569 requirements:
6570 (A) certify the request and deliver it to the legislative body of the county or
6571 municipality, as the case may be; and
6572 (B) mail or deliver written notification of the certification to the contact sponsor; or
6573 (ii) if the clerk or recorder determines that the request fails to comply with any of the
6574 applicable requirements, reject the request and notify the contact sponsor in writing of the
6575 rejection and the reasons for the rejection.
6576 (2) If the clerk or recorder fails to certify or reject a request within 30 days after its
6577 filing, the request shall be considered to be certified.
6578 (3) Each county clerk or municipal clerk or recorder shall certify or reject requests in
6579 the order in which they are filed.
6580 (4) (a) If the county clerk or municipal clerk or recorder rejects a request under
6581 Subsection (1)(b)(ii), the request may be amended to correct the deficiencies for which it was
6582 rejected and then refiled.
6583 (b) A valid signature on a request that was rejected under Subsection (1)(b)(ii) may be
6584 used toward fulfilling the applicable signature requirement of the request as amended under
6585 Subsection (4)(a).
6586 (5) Each county clerk and municipal clerk or recorder shall act in good faith in making
6587 the determinations under this section.
6588 Section 130. Section 17B-1-207 , which is renumbered from Section 17B-2-207 is
6589 renumbered and amended to read:
6590 [17B-2-207]. 17B-1-207. Signature on request may be used on petition.
6591 A signature on a request may be used toward fulfilling the signature requirement of a
6592 petition:
6593 (1) if the request notifies the signer in conspicuous language that the signature, unless
6594 withdrawn, would also be used for purposes of a petition to create a local district; and
6595 (2) unless the signer files a written withdrawal of the signature before the petition is
6596 filed.
6597 Section 131. Section 17B-1-208 , which is renumbered from Section 17B-2-208 is
6598 renumbered and amended to read:
6599 [17B-2-208]. 17B-1-208. Additional petition requirements and limitations.

6600 (1) Each petition shall:
6601 (a) be filed with the responsible clerk;
6602 (b) separately group signatures by county and municipality, so that all signatures of the
6603 owners of real property located within or of registered voters residing within each county
6604 whose unincorporated area includes and each municipality whose boundaries include part of
6605 the proposed local district are grouped separately; [and]
6606 (c) state the number of members that the board of trustees of the proposed local district
6607 will have, consistent with the requirements of Subsection [17B-2-402 (1).] 17B-1-302 (2); and
6608 (d) for a proposed basic local district:
6609 (i) state whether the members of the board of trustees will be elected or appointed or
6610 whether some members will be elected and some appointed, as provided in Section
6611 17B-1-1302 ;
6612 (ii) if one or more members will be elected, state the basis upon which each elected
6613 member will be elected; and
6614 (iii) if applicable, explain how the election or appointment of board members will
6615 transition from one method to another based on stated milestones or events, as provided in
6616 Section 17B-1-1302 .
6617 (2) (a) A petition may not propose the creation of a local district that includes an area
6618 located within the unincorporated part of a county or within a municipality if the legislative
6619 body of that county or municipality has adopted a resolution under Subsection [ 17B-2-212 ]
6620 17B-1-212 (1) indicating that the county or municipality will provide to that area the service
6621 proposed to be provided by the proposed local district.
6622 (b) Subsection (2)(a) does not apply if the county or municipal legislative body is
6623 considered to have declined to provide the requested service under Subsection [ 17B-2-212 ]
6624 17B-1-212 (3).
6625 (c) Subsection (2)(a) may not be construed to prevent the filing of a petition that
6626 proposes the creation of a local district whose area excludes that part of the unincorporated area
6627 of a county or that part of a municipality to which the county or municipality has indicated, in a
6628 resolution adopted under Section [ 17B-2-212 ] 17B-1-212 , it will provide the requested service.
6629 (3) A petition may not propose the creation of a local district whose area includes:
6630 (a) some or all of an area described in a previously filed petition that, subject to

6631 Subsection [ 17B-2-202 ] 17B-1-202 (4)(b):
6632 (i) proposes the creation of a local district to provide the same service as proposed by
6633 the later filed petition; and
6634 (ii) is still pending at the time the later petition is filed; or
6635 (b) some or all of an area within a political subdivision that provides in that area the
6636 same service proposed to be provided by the proposed local district.
6637 (4) A petition may not be filed more than 12 months after a county or municipal
6638 legislative body declines to provide the requested service under Subsection [ 17B-2-212 ]
6639 17B-1-212 (1) or is considered to have declined to provide the requested service under
6640 Subsection [ 17B-2-212 ] 17B-1-212 (2) or (3).
6641 Section 132. Section 17B-1-209 , which is renumbered from Section 17B-2-209 is
6642 renumbered and amended to read:
6643 [17B-2-209]. 17B-1-209. Petition certification -- Amended petition.
6644 (1) Within five days after the filing of a petition, the responsible clerk shall mail a copy
6645 of the petition to the clerk of each other county and the clerk or recorder of each municipality
6646 in which any part of the proposed local district is located.
6647 (2) (a) Within 35 days after the filing of a petition, the clerk of each county whose
6648 unincorporated area includes and the clerk or recorder of each municipality whose boundaries
6649 include part of the proposed local district shall:
6650 (i) with the assistance of other county or municipal officers from whom the county
6651 clerk or municipal clerk or recorder requests assistance, determine, for the clerk or recorder's
6652 respective county or municipality, whether the petition complies with the requirements of
6653 Subsection [ 17B-2-203 ] 17B-1-203 (1)(a) or (b), as the case may be, and Subsections
6654 [ 17B-2-208 ] 17B-1-208 (2), (3), and (4); and
6655 (ii) notify the responsible clerk in writing of the clerk or recorder's determination under
6656 Subsection (2)(a)(i).
6657 (b) The responsible clerk may rely on the determinations of other county clerks or
6658 municipal clerks or recorders under Subsection (2)(a) in making the responsible clerk's
6659 determinations and certification or rejection under Subsection (3).
6660 (3) Within 45 days after the filing of a petition, the responsible clerk shall:
6661 (a) determine whether the petition complies with Subsection [ 17B-2-203 ]

6662 17B-1-203 (1)(a) or (b), as the case may be, Subsection [ 17B-2-205 ] 17B-1-205 (1), and Section
6663 [ 17B-2-208 ] 17B-1-208 ; and
6664 (b) (i) if the responsible clerk determines that the petition complies with the applicable
6665 requirements:
6666 (A) certify the petition and deliver the certified petition to the responsible body;
6667 (B) mail or deliver written notification of the certification to the contact sponsor; or
6668 (ii) if the responsible clerk determines that the petition fails to comply with any of the
6669 applicable requirements, reject the petition and notify the contact sponsor in writing of the
6670 rejection and the reasons for the rejection.
6671 (4) If the responsible clerk fails to certify or reject a petition within 45 days after its
6672 filing, the petition shall be considered to be certified.
6673 (5) The responsible clerk shall certify or reject petitions in the order in which they are
6674 filed.
6675 (6) (a) If the responsible clerk rejects a petition under Subsection (3)(b)(ii), the petition
6676 may be amended to correct the deficiencies for which it was rejected and then refiled.
6677 (b) A valid signature on a petition that was rejected under Subsection (3)(b)(ii) may be
6678 used toward fulfilling the applicable signature requirement of the petition as amended under
6679 Subsection (6)(a).
6680 (c) If a petition is amended and refiled under Subsection (6)(a) after having been
6681 rejected by the responsible clerk under Subsection (3)(b)(ii), the amended petition shall be
6682 considered as newly filed, and its processing priority shall be determined by the date on which
6683 it is refiled.
6684 (7) The responsible clerk and each county clerk and municipal clerk or recorder shall
6685 act in good faith in making the determinations under this section.
6686 Section 133. Section 17B-1-210 , which is renumbered from Section 17B-2-210 is
6687 renumbered and amended to read:
6688 [17B-2-210]. 17B-1-210. Public hearing.
6689 (1) The legislative body of each county and municipality with which a request is filed
6690 or that adopts a resolution under Subsection [ 17B-2-203 ] 17B-1-203 (1)(c) and the board of
6691 trustees of each local district that adopts a resolution under Subsection 17B-1-203 (1)(d) shall
6692 hold a public hearing or a set of public hearings, sufficient in number and location to ensure

6693 that no substantial group of residents of the proposed local district need travel an unreasonable
6694 distance to attend a public hearing.
6695 (2) Each public hearing under Subsection (1) shall be held:
6696 (a) no later than 45 days after:
6697 (i) for a public hearing on a request, certification of a request under Subsection
6698 [ 17B-2-206 ] 17B-1-206 (1)(b)(i); or
6699 (ii) for a public hearing on a resolution, adoption of a resolution under Subsection
6700 [ 17B-2-203 ] 17B-1-203 (1)(c) or (d);
6701 (b) within the proposed local district;
6702 (c) except as provided in Subsections (6) and (7), within the applicable area; and
6703 (d) for the purpose of:
6704 (i) for a public hearing on a request, allowing public input on:
6705 (A) whether the requested service is needed in the area of the proposed local district;
6706 (B) whether the service should be provided by the county or municipality or the
6707 proposed local district; and
6708 (C) all other matters relating to the request or the proposed local district; or
6709 (ii) for a public hearing on a resolution, allowing the public to ask questions of and
6710 obtain further information from the [legislative] governing body [of each county or
6711 municipality] holding the hearing regarding the issues contained in or raised by the resolution.
6712 (3) A quorum of [the legislative] each governing body [of each county or municipal
6713 legislative body] holding a public hearing under this section shall be present throughout each
6714 hearing held by that [county or municipal legislative] governing body.
6715 (4) Each hearing under this section shall be held on a weekday evening other than a
6716 holiday beginning no earlier than [6:00] 6 p.m.
6717 (5) At the beginning and end of each hearing concerning a resolution, the [legislative]
6718 governing body shall announce the deadline for filing protests and generally explain the protest
6719 procedure and requirements.
6720 (6) Two or more county or municipal legislative bodies may jointly hold a hearing or
6721 set of hearings required under this section if all the requirements of this section, other than the
6722 requirements of Subsection (2)(c), are met as to each hearing.
6723 (7) Notwithstanding Subsection (2)(c), a [county or municipal legislative] governing

6724 body may hold a public hearing or set of public hearings outside the applicable area if:
6725 (a) there is no reasonable place to hold a public hearing within the applicable area; and
6726 (b) the public hearing or set of public hearings is held as close to the applicable area as
6727 reasonably possible.
6728 Section 134. Section 17B-1-211 , which is renumbered from Section 17B-2-211 is
6729 renumbered and amended to read:
6730 [17B-2-211]. 17B-1-211. Notice of public hearings -- Publication of
6731 resolution.
6732 (1) Before holding a public hearing or set of public hearings under Section
6733 [ 17B-2-210 ] 17B-1-210 , the legislative body of each county or municipality with which a
6734 request is filed or that adopts a resolution under Subsection [ 17B-2-203 ] 17B-1-203 (1)(c) and
6735 the board of trustees of each local district that adopts a resolution under Subsection
6736 17B-1-203 (1)(d) shall:
6737 (a) (i) except as provided in Subsection (1)(a)(ii), publish notice in a newspaper or
6738 combination of newspapers of general circulation within the applicable area; or
6739 (ii) if there is no newspaper or combination of newspapers of general circulation within
6740 the applicable area, post at least one notice per 1,000 population of that area, at places within
6741 the area that are most likely to provide actual notice to residents of the area; or
6742 (b) mail a notice to each registered voter residing within and each owner of real
6743 property located within the proposed local district.
6744 (2) Each published notice under Subsection (1)(a) shall:
6745 (a) be no less than 1/4 page in size, use type no smaller than 18 point, and be
6746 surrounded by a 1/4-inch border;
6747 (b) if possible, appear in a newspaper that is published at least one day per week;
6748 (c) if possible, appear in a newspaper of general interest and readership in the area and
6749 not of limited subject matter;
6750 (d) be placed in a portion of the newspaper other than where legal notices and
6751 classified advertisements appear; and
6752 (e) be run at least once each week for two successive weeks, with the final publication
6753 being no less than three and no more than ten days before the hearing or the first of the set of
6754 hearings.

6755 (3) Each notice required under Subsection (1) shall:
6756 (a) if the hearing or set of hearings is concerning a resolution:
6757 (i) contain the entire text or an accurate summary of the resolution; and
6758 (ii) state the deadline for filing a protest against the creation of the proposed local
6759 district;
6760 (b) clearly identify each [county or municipal legislative] governing body involved in
6761 the hearing or set of hearings;
6762 (c) state the date, time, and place for the hearing or set of hearings and the purposes for
6763 the hearing or set of hearings; and
6764 (d) describe or include a map of the entire proposed local district.
6765 (4) County or municipal legislative bodies may jointly provide the notice required
6766 under this section if all the requirements of this section are met as to each notice.
6767 Section 135. Section 17B-1-212 , which is renumbered from Section 17B-2-212 is
6768 renumbered and amended to read:
6769 [17B-2-212]. 17B-1-212. Resolution indicating whether the requested
6770 service will be provided.
6771 (1) Within 60 days after the last hearing required under Section [ 17B-2-210 ]
6772 17B-1-210 concerning a request, the legislative body of each county whose unincorporated area
6773 includes and the legislative body of each municipality whose boundaries include any part of the
6774 proposed local district shall adopt a resolution indicating whether the county or municipality
6775 will provide to the area of the proposed local district within its boundaries the service proposed
6776 to be provided by the proposed local district.
6777 (2) If the legislative body of a county or municipality fails to adopt a resolution within
6778 the time provided under Subsection (1), the county or municipal legislative body shall be
6779 considered to have declined to provide the service requested.
6780 (3) If the county or municipality adopts a resolution under Subsection (1) indicating
6781 that it will provide the requested service but does not, within 120 days after the adoption of that
6782 resolution, take substantial measures to provide the requested service, the county or municipal
6783 legislative body shall be considered to have declined to provide the requested service.
6784 (4) Each county or municipality that adopts a resolution under Subsection (1)
6785 indicating that it will provide the requested service shall diligently proceed to take all measures

6786 necessary to provide the service.
6787 Section 136. Section 17B-1-213 , which is renumbered from Section 17B-2-213 is
6788 renumbered and amended to read:
6789 [17B-2-213]. 17B-1-213. Protest after adoption of resolution -- Adoption
6790 of resolution approving creation for certain districts.
6791 (1) For purposes of this section, "adequate protests" means protests that are:
6792 (a) filed with the county clerk [or], municipal clerk or recorder, or local district
6793 secretary or clerk, as the case may be, within 60 days after the last public hearing required
6794 under Section [ 17B-2-210 ] 17B-1-210 ; and
6795 (b) signed by:
6796 (i) the owners of private real property that:
6797 (A) is located within the proposed local district;
6798 (B) covers at least 25% of the total private land area within the applicable area; and
6799 (C) is equal in value to at least 15% of the value of all private real property within the
6800 applicable area; or
6801 (ii) registered voters residing within the applicable area equal in number to at least 25%
6802 of the number of votes cast in the applicable area for the office of governor at the last general
6803 election prior to the adoption of the resolution.
6804 (2) If adequate protests are filed, the [county or municipal legislative] governing body
6805 that adopted a resolution under Subsection [ 17B-2-203 ] 17B-1-203 (1)(c):
6806 (a) may not:
6807 (i) hold or participate in an election under Subsection [ 17B-2-214 ] 17B-1-214 (1) with
6808 respect to the applicable area;
6809 (ii) take any further action under the protested resolution to create a local district or
6810 include the applicable area in a local district; or
6811 (iii) for a period of two years, adopt a resolution under Subsection [ 17B-2-203 ]
6812 17B-1-203 (1)(c) proposing the creation of a local district including substantially the same area
6813 as the applicable area and providing the same service as the proposed local district in the
6814 protested resolution; and
6815 (b) shall, within five days of receiving adequate protests, mail or deliver written
6816 notification of the adequate protests to the responsible body.

6817 (3) Subsection (2)(a) may not be construed to prevent an election from being held for a
6818 proposed local district whose boundaries do not include an applicable area that is the subject of
6819 adequate protests.
6820 (4) (a) If adequate protests are not filed with respect to a resolution proposing the
6821 creation of a local district for which an election is not required under Subsection [ 17B-2-214 ]
6822 17B-1-214 (3)(c) or (d), a resolution approving the creation of the local district may be adopted
6823 by:
6824 (i) (A) the legislative body of a county whose unincorporated area is included within
6825 the proposed local district; and
6826 [(ii)] (B) the legislative body of a municipality whose area is included within the
6827 proposed local district[.]; or
6828 (ii) the board of trustees of the initiating local district.
6829 (b) Each resolution adopted under Subsection (4)(a) shall:
6830 (i) describe the area included in the local district;
6831 (ii) be accompanied by a map that shows the boundaries of the local district;
6832 (iii) describe the service to be provided by the local district;
6833 (iv) state the name of the local district; and
6834 (v) provide a process for the appointment of the members of the initial board of
6835 trustees.
6836 Section 137. Section 17B-1-214 , which is renumbered from Section 17B-2-214 is
6837 renumbered and amended to read:
6838 [17B-2-214]. 17B-1-214. Election -- Exceptions.
6839 (1) (a) Except as provided in Subsection (3) and in Subsection [ 17B-2-213 ]
6840 17B-1-213 (2)(a), an election on the question of whether the local district should be created
6841 shall be held by:
6842 (i) if the proposed local district is located entirely within a single county, the
6843 responsible clerk; or
6844 (ii) except as provided under Subsection (1)(b), if the proposed local district is located
6845 within more than one county, the clerk of each county in which part of the proposed local
6846 district is located, in cooperation with the responsible clerk.
6847 (b) Notwithstanding Subsection (1)(a)(ii), if the proposed local district is located

6848 within more than one county and the only area of a county that is included within the proposed
6849 local district is located within a single municipality, the election for that area shall be held by
6850 the municipal clerk or recorder, in cooperation with the responsible clerk.
6851 (2) Each election under Subsection (1) shall be held at the next special or regular
6852 general election date that is:
6853 (a) for an election pursuant to a property owner or registered voter petition, more than
6854 45 days after certification of the petition under Subsection [ 17B-2-209 ] 17B-1-209 (3)(b)(i); or
6855 (b) for an election pursuant to a resolution, more than 60 days after the latest hearing
6856 required under Section [ 17B-2-210 ] 17B-1-210 .
6857 (3) The election requirement of Subsection (1) does not apply:
6858 (a) to a petition filed under Subsection [ 17B-2-203 ] 17B-1-203 (1)(a) if it contains the
6859 signatures of the owners of private real property that:
6860 (i) is located within the proposed local district;
6861 (ii) covers at least 67% of the total private land area within the proposed local district
6862 as a whole and within each applicable area; and
6863 (iii) is equal in value to at least 50% of the value of all private real property within the
6864 proposed local district as a whole and within each applicable area;
6865 (b) to a petition filed under Subsection [ 17B-2-203 ] 17B-1-203 (1)(b) if it contains the
6866 signatures of registered voters residing within the proposed local district as a whole and within
6867 each applicable area, equal in number to at least 67% of the number of votes cast in the
6868 proposed local district as a whole and in each applicable area, respectively, for the office of
6869 governor at the last general election prior to the filing of the petition; [or]
6870 (c) to a resolution adopted under Subsection [ 17B-2-203 ] 17B-1-203 (1)(c) on or after
6871 May 5, 2003 that proposes the creation of a local district to provide fire protection, paramedic,
6872 and emergency services, if the proposed local district includes a majority of the unincorporated
6873 area of one or more counties[.]; or
6874 (d) to a resolution adopted under Subsection 17B -1-203(1)(c) or (d) if the resolution
6875 proposes the creation of a local district with no registered voters.
6876 (4) (a) If the proposed local district is located in more than one county, the responsible
6877 clerk shall coordinate with the clerk of each other county and the clerk or recorder of each
6878 municipality involved in an election under Subsection (1) so that the election is held on the

6879 same date and in a consistent manner in each jurisdiction.
6880 (b) The clerk of each county and the clerk or recorder of each municipality involved in
6881 an election under Subsection (1) shall cooperate with the responsible clerk in holding the
6882 election.
6883 (c) Except as otherwise provided in this part, each election under Subsection (1) shall
6884 be governed by Title 20A, Election Code.
6885 Section 138. Section 17B-1-215 , which is renumbered from Section 17B-2-215 is
6886 renumbered and amended to read:
6887 [17B-2-215]. 17B-1-215. Notice to lieutenant governor -- Certificate of
6888 incorporation -- Local district incorporated -- Incorporation presumed conclusive.
6889 (1) The responsible body shall file a notice with the lieutenant governor within ten days
6890 after:
6891 (a) the canvass of an election under Section [ 17B-2-214 ] 17B-1-214 , if a majority of
6892 those voting at the election within the proposed local district as a whole vote in favor of the
6893 creation of a local district;
6894 (b) certification of a petition as to which the election requirement of Subsection
6895 [ 17B-2-214 ] 17B-1-214 (1) does not apply because of Subsection [ 17B-2-214 ] 17B-1-214 (3)(a)
6896 or (b); or
6897 (c) adoption of a resolution under Subsection [ 17B-2-213 ] 17B-1-213 (4) approving the
6898 creation of a local district for which an election was not required under Subsection
6899 [ 17B-2-214 ] 17B-1-214 (3)(c) or (d), by the legislative body of each county whose
6900 unincorporated area is included within and the legislative body of each municipality whose area
6901 is included within the proposed local district, or by the board of trustees of the initiating local
6902 district.
6903 (2) The area of each local district shall consist of:
6904 (a) if an election was held under Section [ 17B-2-214 ] 17B-1-214 , the area of the new
6905 local district as approved at the election;
6906 (b) if an election was not required because of Subsection [ 17B-2-214 ] 17B-1-214 (3)(a)
6907 or (b), the area of the proposed local district as described in the petition; or
6908 (c) if an election was not required because of Subsection [ 17B-2-214 ] 17B-1-214 (3)(c)
6909 or (d), the area of the new local district as described in the resolution adopted under Subsection

6910 [ 17B-2-213 ] 17B-1-213 (4).
6911 (3) In each notice under Subsection (1) the responsible body shall:
6912 (a) if the notice follows an election under Section [ 17B-2-214 ] 17B-1-214 , certify the
6913 results of the election;
6914 (b) describe the boundaries of the new local district with an accurate map or plat
6915 showing the boundaries delineated in Subsection (2), prepared and certified by a licensed
6916 surveyor and filed with the county surveyor in accordance with Section 17-23-17 ; and
6917 (c) certify that all requirements for the creation of a local district have been complied
6918 with.
6919 [(4) Within ten days after receiving the notice under Subsection (1), the lieutenant
6920 governor shall issue a certificate of incorporation for the new local district and send a copy of
6921 the certificate to the responsible body.]
6922 [(5)] (4) Upon the lieutenant governor's issuance of the certificate of creation under
6923 Section 67-1a-6.5 , the local district is created and incorporated.
6924 [(6) A local district shall be conclusively presumed to be lawfully incorporated if no
6925 challenge to the existence or incorporation of the local district is filed in district court within 90
6926 days after the lieutenant governor issues a certificate of creation.]
6927 Section 139. Section 17B-1-216 , which is renumbered from Section 17B-2-216 is
6928 renumbered and amended to read:
6929 [17B-2-216]. 17B-1-216. Costs and expenses of creating a local district.
6930 (1) Except as provided in Subsection (2), each county whose unincorporated area
6931 includes and each municipality whose boundaries include some or all of the proposed local
6932 district shall bear their respective costs and expenses associated with the procedure under this
6933 part for creating a local district.
6934 (2) Within a year after its creation, each local district shall reimburse the costs and
6935 expenses associated with the preparation, certification, and filing of the map of the local district
6936 under Subsection [ 17B-2-215 ] 17B-1-215 (3)(b).
6937 Section 140. Section 17B-1-217 , which is renumbered from Section 17A-2-103 is
6938 renumbered and amended to read:
6939 [17A-2-103]. 17B-1-217. Conclusive presumption regarding creation and
6940 existence.

6941 Notwithstanding any other provision of law, [an independent special] a local district
6942 [under this chapter] shall be conclusively presumed to have been lawfully created and existing
6943 if[: (1)] for two years following the district's creation under Subsection 17B-1-215 (4):
6944 [(a)] (1) the district has:
6945 [(i)] (a) levied and collected a tax; or
6946 [(ii)] (b) collected a fee, charge, or assessment[, or tax increment] for a commodity,
6947 service, facility, or improvement provided by the district; and
6948 [(b)] (2) no challenge has been filed in court to the existence or creation of the district[;
6949 and].
6950 [(2) the district has complied with Subsections 17A-1-102 (1) and 17A-1-504 (1).]
6951 Section 141. Section 17B-1-301 , which is renumbered from Section 17B-2-401 is
6952 renumbered and amended to read:
6953 Part 3. Board of Trustees
6954 [17B-2-401]. 17B-1-301. Board of trustees duties and powers.
6955 (1) (a) Each local district shall be governed by a board of trustees which shall manage
6956 and conduct the business and affairs of the district and shall determine all questions of district
6957 policy.
6958 (b) All powers of a local district are exercised through the board of trustees.
6959 (2) The board of trustees may:
6960 (a) fix the location of the local district's principal place of business and the location of
6961 all offices and departments, if any;
6962 (b) fix the times of meetings of the board of trustees;
6963 [(b)] (c) select and use an official district seal;
6964 [(c)] (d) employ employees and agents, or delegate to district officers power to employ
6965 employees and agents, for the operation of the local district and its properties and prescribe or
6966 delegate to district officers the power to prescribe the duties, compensation, and terms and
6967 conditions of employment of those employees and agents;
6968 [(d)] (e) require district officers and employees charged with the handling of district
6969 funds to provide surety bonds in an amount set by the board or provide a blanket surety bond to
6970 cover [all those] officers and employees;
6971 [(e)] (f) contract for or employ professionals to perform work or services for the local

6972 district that cannot satisfactorily be performed by the officers or employees of the district;
6973 [(f)] (g) through counsel, prosecute on behalf of or defend the local district in all court
6974 actions or other proceedings in which the district is a party or is otherwise involved;
6975 [(g)] (h) adopt bylaws for the orderly functioning of the board;
6976 [(h)] (i) adopt and enforce rules and regulations for the orderly operation of the local
6977 district [and] or for carrying out the district's purposes [for which the district was created];
6978 [(i)] (j) prescribe a system of civil service for district employees;
6979 [(j)] (k) on behalf of the local district, enter into contracts that the board considers to be
6980 for the benefit of the district;
6981 [(k)] (l) acquire, construct or cause to be constructed, operate, occupy, control, and use
6982 buildings, works, or other facilities for carrying out the purposes of the local district;
6983 [(l)] (m) on behalf of the local district, acquire, use, hold, manage, occupy, and possess
6984 property necessary to carry out the purposes of the district, dispose of property when the board
6985 considers it appropriate, and institute and maintain in the name of the district any action or
6986 proceeding to enforce, maintain, protect, or preserve rights or privileges associated with district
6987 property; [and]
6988 (n) delegate to a district officer the exercise of a district duty; and
6989 [(m)] (o) exercise all powers and perform all functions in the operation of the local
6990 district and its properties as are ordinarily exercised by the governing body of a political
6991 subdivision of the state and as are necessary to accomplish the purposes of the district.
6992 Section 142. Section 17B-1-302 , which is renumbered from Section 17B-2-402 is
6993 renumbered and amended to read:
6994 [17B-2-402]. 17B-1-302. Board member qualifications -- Number of board
6995 members.
6996 (1) (a) Each member of a local district board of trustees shall be:
6997 (i) a registered voter; and
6998 (ii) except as provided in Subsections (1)(b) and (c), a resident within:
6999 (A) the boundaries of the local district; and
7000 (B) if applicable, the boundaries of the division of the local district from which the
7001 member is elected.
7002 (b) (i) As used in this Subsection (1)(b):

7003 (A) "Proportional number" means the number of members of a board of trustees that
7004 bears, as close as mathematically possible, the same proportion to all members of the board that
7005 the number of seasonally occupied homes bears to all residences within the district that receive
7006 service from the district.
7007 (B) "Seasonally occupied home" means a single-family residence:
7008 (I) that is located within the local district;
7009 (II) that receives service from the local district; and
7010 (III) whose owner:
7011 (Aa) does not reside permanently at the residence; and
7012 (Bb) may occupy the residence on a temporary or seasonal basis.
7013 (ii) If over 50% of the residences within a local district that receive service from the
7014 local district are seasonally occupied homes, the requirement under Subsection (1)(a)(ii) is
7015 replaced, for a proportional number of members of the board of trustees, with the requirement
7016 that the member be an owner of land that:
7017 (A) receives service from the district; and
7018 (B) is located within:
7019 (I) the local district; and
7020 (II) if applicable, the division from which the member is elected.
7021 (c) For a board of trustees member in a basic local district that has within its
7022 boundaries fewer than one residential dwelling unit per ten acres of land, the requirement under
7023 Subsection (1)(a)(ii) is replaced with the requirement that the member be an owner of land
7024 within the local district that receives service from the district, or an agent or officer of the
7025 owner.
7026 [(1) The] (2) Except as otherwise provided by statute, the number of members of each
7027 board of trustees of a local district shall be an odd number that is no less than three and no
7028 more than nine.
7029 [(2)] (3) For a newly created local district, the number of members of the initial board
7030 of trustees shall be the number specified:
7031 (a) for a local district whose creation was initiated by a petition under Subsection
7032 [ 17B-2-203 ] 17B-1-203 (1)(a) or (b), in the petition; or
7033 (b) for a local district whose creation was initiated by a resolution under Subsection

7034 [ 17B-2-203 ] 17B-1-203 (1)(c) or (d), in the resolution.
7035 [(3)] (4) (a) For an existing local district, the number of members of the board of
7036 trustees may be changed by a two-thirds vote of the board of trustees.
7037 (b) No change in the number of members of a board of trustees under Subsection [(3)]
7038 (4)(a) may:
7039 (i) violate Subsection [(1)] (2); or
7040 (ii) serve to shorten the term of any member of the board.
7041 Section 143. Section 17B-1-303 , which is renumbered from Section 17B-2-403 is
7042 renumbered and amended to read:
7043 [17B-2-403]. 17B-1-303. Term of board of trustees members -- Oath of
7044 office -- Bond.
7045 (1) [The] (a) Except as provided in Subsection (1)(b), the term of each member of a
7046 board of trustees shall begin at noon on the first Monday of January following the member's
7047 election or appointment.
7048 (b) The term of each member of the initial board of trustees of a newly created local
7049 district shall begin:
7050 (i) upon appointment, for an appointed member; and
7051 (ii) upon the member taking the oath of office after the canvass of the election at which
7052 the member is elected, for an elected member.
7053 (2) (a) [The] (i) Subject to Subsection (2)(a)(ii), the term of each member of a board of
7054 trustees shall be four years, except that approximately half the members of the initial board of
7055 trustees, chosen by lot, shall serve a two-year term so that the term of approximately half the
7056 board members expires every two years.
7057 (ii) (A) If the terms of members of the initial board of trustees of a newly created local
7058 district do not begin on the first Monday of January because of application of Subsection
7059 (1)(b), the terms of those members shall be adjusted as necessary, subject to Subsection
7060 (2)(a)(ii)(B), to result in the terms of their successors complying with:
7061 (I) the requirement under Subsection (1)(a) for a term to begin on the first Monday of
7062 January; and
7063 (II) the requirement under Subsection (2)(a)(i) that terms be four years.
7064 (B) An adjustment under Subsection (2)(a)(ii)(A) may not add more than a year to or

7065 subtract more than a year from a member's term.
7066 (b) Each board of trustees member shall serve until a successor is duly elected or
7067 appointed and qualified, unless the member earlier is removed from office or resigns or
7068 otherwise leaves office.
7069 (c) If a member of a board of trustees no longer meets the qualifications of Subsection
7070 17B-1-302 (1):
7071 (i) the member's position is considered vacant, subject to Subsection (2)(c)(ii); and
7072 (ii) the member may continue to serve until a successor is duly elected or appointed
7073 and qualified.
7074 (3) (a) Before entering upon the duties of office, each member of a board of trustees
7075 shall take the oath of office specified in Utah Constitution Article IV, Section 10.
7076 (b) The failure of a board of trustees member to take the oath required by Subsection
7077 (3)(a) does not invalidate any official act of that member.
7078 (4) A board of trustees member is not limited in the number of terms the member may
7079 serve.
7080 (5) Except as provided in Subsection (6), each midterm vacancy in a board of trustees
7081 position shall be filled as provided in Section 20A-1-512 .
7082 (6) (a) For purposes of this Subsection (6):
7083 (i) "Appointed official" means a person who:
7084 (A) is appointed as a member of a local district board of trustees by a county or
7085 municipality entitled to appoint a member to the board; and
7086 (B) holds an elected position with the appointing county or municipality.
7087 (ii) "Appointing [authority] entity" means the county or municipality that appointed the
7088 appointed official to the board of trustees.
7089 (b) The board of trustees shall declare a midterm vacancy for the board position held
7090 by an appointed official if:
7091 (i) during the appointed official's term on the board of trustees, the appointed official
7092 ceases to hold the elected position with the appointing [authority] entity; and
7093 (ii) the appointing [authority] entity submits a written request to the board to declare
7094 the vacancy.
7095 (c) Upon the board's declaring a midterm vacancy under Subsection (6)(b), the

7096 appointing [authority] entity shall appoint another person to fill the remaining unexpired term
7097 on the board of trustees.
7098 (7) (a) Each member of a board of trustees shall give a bond for the faithful
7099 performance of the member's duties, in the amount and with the sureties prescribed by the
7100 board of trustees.
7101 (b) The local district shall pay the cost of each bond required under Subsection (7)(a).
7102 Section 144. Section 17B-1-304 , which is renumbered from Section 17A-1-303 is
7103 renumbered and amended to read:
7104 [17A-1-303]. 17B-1-304. Appointment procedures for appointed
7105 members.
7106 (1) The appointing authority may, by resolution, appoint persons to serve as members
7107 of a [special] local district board by following the procedures established by this section.
7108 (2) (a) In any calendar year when appointment of a new [special] local district board
7109 member is required, the appointing authority shall prepare a notice of vacancy that contains:
7110 (i) the positions that are vacant that must be filled by appointment;
7111 (ii) the qualifications required to be appointed to those positions;
7112 (iii) the procedures for appointment that the governing body will follow in making
7113 those appointments; and
7114 (iv) the person to be contacted and any deadlines that a person must meet who wishes
7115 to be considered for appointment to those positions.
7116 (b) The appointing authority shall:
7117 (i) post the notice of vacancy in four public places within the [special] local district at
7118 least one month before the deadline for accepting nominees for appointment; and
7119 (ii) publish the notice of vacancy:
7120 (A) in a daily newspaper of general circulation within the [special] local district for
7121 five consecutive days before the deadline for accepting nominees for appointment; or
7122 (B) in a local weekly newspaper circulated within the [special] local district in the
7123 week before the deadline for accepting nominees for appointment.
7124 (c) The appointing authority may bill the [special] local district for the cost of
7125 preparing, printing, and publishing the notice.
7126 (3) (a) Not sooner than two months after the appointing authority is notified of the

7127 vacancy, the appointing authority shall select a person to fill the vacancy from the applicants
7128 who meet the qualifications established by law.
7129 (b) The appointing authority shall:
7130 (i) comply with Title 52, Chapter 4, Open and Public Meetings Act, in making the
7131 appointment;
7132 (ii) allow any interested persons to be heard; and
7133 (iii) adopt a resolution appointing a person to the [special] local district board.
7134 (c) If no candidate for appointment to fill the vacancy receives a majority vote of the
7135 appointing authority, the appointing authority shall select the appointee from the two top
7136 candidates by lot.
7137 (4) Persons appointed to serve as members of the [special] local district board serve
7138 four-year terms, but may be removed [with] for cause at any time after a hearing by 2/3 vote of
7139 the appointing body.
7140 (5) At the end of each board member's term, the position is considered vacant and the
7141 [governing body] appointing authority may either reappoint the old board member or appoint a
7142 new member after following the appointment procedures established in this section.
7143 (6) Notwithstanding any other provision of this section, if the appointing authority
7144 appoints one of its own members, it need not comply with the provisions of this section.
7145 Section 145. Section 17B-1-305 , which is renumbered from Section 17A-1-304 is
7146 renumbered and amended to read:
7147 [17A-1-304]. 17B-1-305. Notice of offices to be filled.
7148 On or before February 1 of each municipal election year, the board of each [special]
7149 local district shall prepare and transmit to the clerk of each county in which any part of the
7150 district is located a written notice that:
7151 (1) designates the offices to be filled at that year's municipal general election; and
7152 (2) identifies the dates for filing a declaration of candidacy for those offices.
7153 Section 146. Section 17B-1-306 , which is renumbered from Section 17A-1-305 is
7154 renumbered and amended to read:
7155 [17A-1-305]. 17B-1-306. Local district board -- Election procedures.
7156 (1) Except as provided in Subsection (11), each elected board member shall be selected
7157 as provided in this section.

7158 (2) (a) Each election of a [special] local district board member shall be held:
7159 (i) in conjunction with the municipal general election; and
7160 (ii) at polling places designated by the clerk of each county in which the [special] local
7161 district is located.
7162 (b) (i) Subject to Subsections (4)(f) and (g), the number of polling places under
7163 Subsection (2)(a)(ii) in an election of board members of an irrigation district [established under
7164 Chapter 2, Part 7, Irrigation Districts,] shall be one polling place per division of the district,
7165 designated by the district board.
7166 (ii) Each polling place designated by an irrigation district board under Subsection
7167 (2)(b)(i) shall coincide with a polling place designated by the county clerk under Subsection
7168 (2)(a)(ii).
7169 (3) (a) The clerk of each [special] local district with a board member position to be
7170 filled at the next municipal general election shall provide notice of:
7171 (i) each elective position of the [special] local district to be filled at the next municipal
7172 general election;
7173 (ii) the constitutional and statutory qualifications for each position; and
7174 (iii) the dates and times for filing a declaration of candidacy.
7175 (b) The notice required under Subsection (3)(a) shall be:
7176 (i) posted in at least five public places within the [special] local district at least ten days
7177 before the first day for filing a declaration of candidacy; or
7178 (ii) published in a newspaper of general circulation within the [special] local district at
7179 least three but no more than ten days before the first day for filing a declaration of candidacy.
7180 (4) (a) To become a candidate for an elective [special] local district board position, the
7181 prospective candidate shall file a declaration of candidacy in person with the [special] local
7182 district, during office hours and not later than 5 p.m. between July 15 and August 15 of any
7183 odd-numbered year.
7184 (b) When August 15 is a Saturday or Sunday, the filing time shall be extended until 5
7185 p.m. on the following Monday.
7186 (c) (i) Before the filing officer may accept any declaration of candidacy, the filing
7187 officer shall:
7188 (A) read to the prospective candidate the constitutional and statutory qualification

7189 requirements for the office that the candidate is seeking; and
7190 (B) require the candidate to state whether or not the candidate meets those
7191 requirements.
7192 (ii) If the prospective candidate does not meet the qualification requirements for the
7193 office, the filing officer may not accept the declaration of candidacy.
7194 (iii) If it appears that the prospective candidate meets the requirements of candidacy,
7195 the filing officer shall accept the declaration of candidacy.
7196 (d) [(i) Except as provided in Subsection (4)(d)(ii), the] The declaration of candidacy
7197 shall substantially comply with the following form:
7198 "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
7199 ____________, City of, County of, State of Utah, (Zip Code) ______, (Telephone Number, if
7200 any)____________; that I [am a registered voter and qualified elector of the special] meet the
7201 qualifications for the office of board of trustees member for _______________________ (state
7202 the name of the local district); that I am a candidate for [the] that office [of
7203 ____________(stating the term)] to be voted upon at the November municipal general election
7204 to be held on Tuesday, the ______ day of November, ____, and I hereby request that my name
7205 be printed upon the official ballot for that election.
7206 (Signed) _________________________________________
7207 Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
7208 of ____________, ____.
7209 (Signed) ________________________
7210 (Clerk or Notary Public)"
7211 [(ii) In a declaration of candidacy under Subsection (4)(d)(i) for an election of a board
7212 member of an irrigation district under Chapter 2, Part 7, Irrigation Districts, the words
7213 "registered voter and" shall not be included.]
7214 (e) Each person wishing to become a valid write-in candidate for an elective [special]
7215 local district board position is governed by Section 20A-9-601 .
7216 (f) If at least one person does not file a declaration of candidacy as required by this
7217 section, a person shall be appointed to fill that board position by following the procedures and
7218 requirements for appointment established in Section 20A-1-512 .
7219 (g) If only one candidate files a declaration of candidacy for a position on the board of

7220 an irrigation district [established under Chapter 2, Part 7, Irrigation Districts], the board need
7221 not hold an election for that position and may appoint that candidate to the board.
7222 (5) There shall be no primary election.
7223 (6) (a) Except as provided in Subsection (6)(c), the [special] local district clerk shall
7224 certify the candidate names to the clerk of each county in which the [special] local district is
7225 located no later than August 20 of the municipal election year.
7226 (b) (i) Except as provided in Subsection (6)(c), the clerk of each county in which the
7227 [special] local district is located shall coordinate the placement of the name of each candidate
7228 for [special] local district office in the nonpartisan section of the municipal general election
7229 ballot with the municipal election clerk.
7230 (ii) If consolidation of the [special] local district election ballot with the municipal
7231 general election ballot is not feasible, the county clerk shall provide for a separate [special]
7232 local district election ballot to be administered by separate election judges at polling locations
7233 designated by the county clerk in consultation with the [special] local district.
7234 (c) (i) Subsections (6)(a) and (b) do not apply to an election of a member of the board
7235 of an irrigation district established under Chapter [2] 2a, Part [7] 5, Irrigation [Districts]
7236 District Act.
7237 (ii) (A) Subject to Subsection (6)(c)(ii)(B), the board of each irrigation district shall
7238 prescribe the form of the ballot for each board member election.
7239 (B) Each ballot for an election of an irrigation district board member shall be in a
7240 nonpartisan format.
7241 [(7) (a) (i) Except as provided in Subsection (7)(a)(ii), only qualified electors of the
7242 special district who are registered to vote and who are entitled to vote may vote.]
7243 [(ii)] (7) (a) Each voter at an election for a board of trustees member of [an irrigation] a
7244 local district [established under Chapter 2, Part 7, Irrigation Districts,] shall:
7245 (i) be a registered voter, except for an election of:
7246 (A) an irrigation district board of trustees member; or
7247 (B) a basic local district board of trustees member who is elected by property owners;
7248 and
7249 (ii) meet the requirements to vote established by the district.
7250 (b) Each voter may vote for as many candidates as there are offices to be filled.

7251 (c) The candidates who receive the highest number of votes are elected.
7252 (8) Except as otherwise provided by this section, the election of [special] local district
7253 board members is governed by Title 20A, Election Code.
7254 (9) (a) A person elected to serve on a [special] local district board shall serve a
7255 four-year term, beginning on the January 1 after the person's election.
7256 (b) A person elected shall be sworn in as soon as practical after January 1.
7257 (10) (a) Except as provided in Subsection (10)(b), each [special] local district shall
7258 reimburse the county holding an election under this section for the costs of the election
7259 attributable to that [special] local district.
7260 (b) Each irrigation district [established under Chapter 2, Part 7, Irrigation Districts ,]
7261 shall bear its own costs of each election it holds under this section.
7262 (11) This section does not apply to [a county] an improvement district [under Chapter
7263 2, Part 3, County Improvement Districts for Water, Sewerage, Flood Control, Electric and
7264 Gas,] that provides electric or gas service.
7265 Section 147. Section 17B-1-307 , which is renumbered from Section 17B-2-404 is
7266 renumbered and amended to read:
7267 [17B-2-404]. 17B-1-307. Annual compensation -- Per diem compensation
7268 -- Participation in group insurance plan -- Reimbursement of expenses.
7269 (1) (a) [A] Except as provided in Subsection 17B-1-308 (1)(e), a member of a board of
7270 trustees may receive compensation for service on the board, as determined by the board of
7271 trustees.
7272 (b) The amount of compensation under this Subsection (1) may not exceed [$3,500]
7273 $5,000 per year.
7274 (c) (i) As determined by the board of trustees, a member of the board of trustees may
7275 participate in a group insurance plan provided to employees of the local district on the same
7276 basis as employees of the local district.
7277 (ii) The amount that the local district pays to provide a member with coverage under a
7278 group insurance plan shall be included as part of the member's compensation for purposes of
7279 Subsection (1)(b).
7280 (2) (a) As determined by the board of trustees, a member of a board of trustees may
7281 receive per diem compensation, in addition to the compensation provided in Subsection (1), for

7282 attendance at up to 12 meetings or activities per year related to any district business.
7283 (b) The amount of per diem compensation under Subsection (2)(a) shall be as
7284 established by the Division of Finance for policy boards, advisory boards, councils, or
7285 committees within state government.
7286 (3) In addition to any compensation a member receives under this section, each
7287 member of a board of trustees shall be reimbursed by the local district for all actual and
7288 necessary expenses incurred in attending board meetings and in performing the member's
7289 official duties.
7290 Section 148. Section 17B-1-308 is enacted to read:
7291 17B-1-308. Boards of trustees comprised of county or municipal legislative body
7292 members.
7293 (1) If a county or municipal legislative body by statute also serves as the board of
7294 trustees of a local district:
7295 (a) the board of trustees shall keep district minutes, accounts, and other records
7296 separate from those of the county or municipality;
7297 (b) subject to Subsection (2), the board of trustees may use, respectively, existing
7298 county or municipal facilities and personnel for district purposes;
7299 (c) notwithstanding Subsections 17B-1-303 (1) and (2), the term of office of each board
7300 of trustees member coincides with the member's term as a county or municipal legislative body
7301 member;
7302 (d) each board of trustees member represents the district at large; and
7303 (e) board members may not receive compensation for their service as board members
7304 in addition to compensation they receive as members of a county or municipal legislative body.
7305 (2) The county or municipal legislative body, as the case may be, shall charge the local
7306 district, and the local district shall pay to the county or municipality, a reasonable amount for:
7307 (a) the county or municipal facilities that the district uses; and
7308 (b) except for services rendered by the county or municipal legislative body members,
7309 the services that the county or municipality renders to the local district.
7310 Section 149. Section 17B-1-309 , which is renumbered from Section 17B-2-405 is
7311 renumbered and amended to read:
7312 [17B-2-405]. 17B-1-309. Board officers -- Term.

7313 (1) (a) The board of trustees shall elect from their number a chair and may elect other
7314 officers as the board considers appropriate.
7315 (b) The offices of treasurer and clerk may not be held by the same person.
7316 (2) Each officer serves at the pleasure of the board of trustees, but the board may
7317 designate a set term for officers.
7318 Section 150. Section 17B-1-310 , which is renumbered from Section 17B-2-406 is
7319 renumbered and amended to read:
7320 [17B-2-406]. 17B-1-310. Quorum of board of trustees -- Meetings of the
7321 board.
7322 (1) (a) (i) Except as provided in Subsection (1)(b), a majority of the board of trustees
7323 constitutes a quorum for the transaction of board business, and action by a majority of a
7324 quorum constitutes action of the board.
7325 (ii) Except as otherwise required by law, an otherwise valid action of the board is not
7326 made invalid because of the method chosen by the board to take or memorialize the action.
7327 (b) (i) Subject to Subsection (1)(b)(ii), a board may adopt bylaws or other rules that
7328 require more than a majority to constitute a quorum or that require action by more than a
7329 majority of a quorum to constitute action by the board.
7330 (ii) Except for board action to dispose of real property owned by the local district,
7331 board bylaws or rules may not require a vote of more than two-thirds vote of the board to
7332 constitute board action.
7333 (2) The board of trustees shall hold such regular and special meetings as the board
7334 determines at a location that the board determines.
7335 (3) Each meeting of the board of trustees shall comply with Title 52, Chapter 4, Open
7336 and Public Meetings Act.
7337 Section 151. Section 17B-1-311 , which is renumbered from Section 17A-1-306 is
7338 renumbered and amended to read:
7339 [17A-1-306]. 17B-1-311. Board member prohibited from district
7340 employment.
7341 (1) No elected or appointed member of the [governing] board of trustees of a [special]
7342 local district may [be a full or part-time employee of the district while serving on the district's
7343 governing board], while serving on the board, be employed by the district, whether as an

7344 employee or under a contract.
7345 (2) No person employed by a [special] local district, whether as [a full-time or
7346 part-time] an employee or under a contract, may serve on the [governing] board of that
7347 [special] local district.
7348 [(3) A board member may not be compensated separately as a board member and as an
7349 employee for providing the same service.]
7350 [(4) This section does not apply to persons serving on a special district board as of
7351 April 29, 1991, until their terms expire.]
7352 Section 152. Section 17B-1-312 , which is renumbered from Section 17A-2-102 is
7353 renumbered and amended to read:
7354 [17A-2-102]. 17B-1-312. Training for board members.
7355 (1) Each member of a board [or governing body of an independent] of trustees of a
7356 [special] local district, elected or appointed on or after May 3, 1999, should, within one year
7357 after taking office, complete the training described in Subsection (2).
7358 (2) In conjunction with the Utah Association of Special Districts, the state auditor
7359 shall:
7360 (a) develop a training curriculum for the members of [independent special] local
7361 district boards [or governing bodies]; and
7362 (b) with the assistance of other state offices and departments the state auditor considers
7363 appropriate and at times and locations established by the state auditor, carry out the training of
7364 members of [independent special] local district boards [or governing bodies].
7365 (3) (a) [An independent special] A local district board [or governing body] of trustees
7366 may compensate each member of the board [or governing body] up to $100 per day for each
7367 day of training described in Subsection (2) that the member completes.
7368 (b) The per diem amount authorized under Subsection (3)(a) is in addition to all other
7369 amounts of compensation and expense reimbursement authorized under this chapter.
7370 (c) A board [or governing body] of trustees may not pay compensation under
7371 Subsection (3)(a) to any board [or governing body] member more than once in any consecutive
7372 two-year period.
7373 (4) The state auditor shall issue a certificate of completion to each board [or governing
7374 body] member that completes the training described in Subsection (2).

7375 Section 153. Section 17B-1-313 is enacted to read:
7376 17B-1-313. Publication of notice of board resolution or action -- Contest period --
7377 No contest after contest period.
7378 (1) After the board of trustees of a local district adopts a resolution or takes other
7379 action on behalf of the district, the board may provide for the publication of a notice of the
7380 resolution or other action.
7381 (2) Each notice under Subsection (1) shall:
7382 (a) include, as the case may be:
7383 (i) the language of the resolution or a summary of the resolution; or
7384 (ii) a description of the action taken by the board;
7385 (b) state that:
7386 (i) any person in interest may file an action in district court to contest the regularity,
7387 formality, or legality of the resolution or action within 30 days after the date of publication; and
7388 (ii) if the resolution or action is not contested by filing an action in district court within
7389 the 30-day period, no one may contest the regularity, formality, or legality of the resolution or
7390 action after the expiration of the 30-day period; and
7391 (c) be published in a newspaper that is published or has general circulation in the
7392 district.
7393 (3) For a period of 30 days after the date of the publication, any person in interest may
7394 contest the regularity, formality, or legality of the resolution or other action by filing an action
7395 in district court.
7396 (4) After the expiration of the 30-day period under Subsection (3), no one may contest
7397 the regularity, formality, or legality of the resolution or action for any cause.
7398 Section 154. Section 17B-1-401 , which is renumbered from Section 17B-2-501 is
7399 renumbered and amended to read:
7400 Part 4. Annexation
7401 [17B-2-501]. 17B-1-401. Definitions.
7402 For purposes of this part:
7403 (1) "Applicable area" means:
7404 (a) for a county, the unincorporated area of the county that is included within the area
7405 proposed for annexation; or

7406 (b) for a municipality, the area of the municipality that is included within the area
7407 proposed for annexation.
7408 (2) "Retail" means, with respect to a service provided by a municipality[,] or local
7409 district, [or independent special district,] that the service is provided directly to the ultimate
7410 user.
7411 (3) "Wholesale" means, with respect to a service provided by a local district [or
7412 independent special district], that the service is not provided directly to the ultimate user but is
7413 provided to a retail provider.
7414 Section 155. Section 17B-1-402 , which is renumbered from Section 17B-2-502 is
7415 renumbered and amended to read:
7416 [17B-2-502]. 17B-1-402. Annexation of area outside local district.
7417 (1) An area outside the boundaries of a local district may be annexed to the local
7418 district, as provided in this part, in order to provide to the area a service that the local district
7419 provides.
7420 (2) The area proposed to be annexed:
7421 (a) may consist of one or more noncontiguous areas; and
7422 (b) need not be adjacent to the boundaries of the proposed annexing local district.
7423 (3) With respect to a local district in the creation of which an election was not required
7424 under Subsection [ 17B-2-214 ] 17B-1-214 (3)(c):
7425 (a) an unincorporated area of a county may not be annexed to the local district unless,
7426 after annexation, at least a majority of the unincorporated area of the county will be included in
7427 the local district; and
7428 (b) the annexation of any part of an area within a municipality shall include all of the
7429 area within the municipality.
7430 Section 156. Section 17B-1-403 , which is renumbered from Section 17B-2-503 is
7431 renumbered and amended to read:
7432 [17B-2-503]. 17B-1-403. Initiation of annexation process -- Petition and
7433 resolution.
7434 (1) Except as provided in Sections [17B-2-515 , 17B-2-515.5 , and 17B-2-516]
7435 17B-1-415 , 17B-1-416 , and 17B-1-417 , the process to annex an area to a local district may be
7436 initiated by:

7437 (a) (i) for a district whose board of trustees is elected by electors based on the acre-feet
7438 of water allotted to the land owned by the elector and subject to Subsection (2), a petition
7439 signed by the owners of all of the acre-feet of water allotted to the land proposed for
7440 annexation; or
7441 (ii) for all other districts:
7442 (A) a petition signed by:
7443 (I) the owners of private real property that:
7444 (Aa) is located within the area proposed to be annexed;
7445 (Bb) covers at least 10% of the total private land area within the entire area proposed to
7446 be annexed and within each applicable area; and
7447 (Cc) is equal in assessed value to at least 10% of the assessed value of all private real
7448 property within the entire area proposed to be annexed and within each applicable area; or
7449 (II) the owner of all the publicly owned real property, if all the real property within the
7450 area proposed for annexation is owned by a public entity other than the federal government; or
7451 (B) a petition signed by registered voters residing within the entire area proposed to be
7452 annexed and within each applicable area equal in number to at least 10% of the number of
7453 votes cast within the entire area proposed to be annexed and within each applicable area,
7454 respectively, for the office of governor at the last regular general election before the filing of
7455 the petition;
7456 (b) a resolution adopted by the legislative body of each county whose unincorporated
7457 area includes and each municipality whose boundaries include any of the area proposed to be
7458 annexed; or
7459 (c) a resolution adopted by the board of trustees of the proposed annexing local district
7460 if, for at least 12 consecutive months immediately preceding adoption of the resolution, the
7461 local district has provided:
7462 (i) retail service to the area; or
7463 (ii) a wholesale service to a provider of the same service that has provided that service
7464 on a retail basis to the area.
7465 (2) If an association representing all acre-feet of water allotted to the land that is
7466 proposed to be annexed to a local district signs a petition under Subsection (1)(a)(i), pursuant
7467 to a proper exercise of authority as provided in the bylaws or other rules governing the

7468 association, the petition shall be considered to have been signed by the owners of all of the
7469 acre-feet of water allotted to the land proposed for annexation, even though less than all of the
7470 owners within the association consented to the association signing the petition.
7471 (3) Each petition and resolution under Subsection (1) shall:
7472 (a) describe the area proposed to be annexed; and
7473 (b) be accompanied by a map of the boundaries of the area proposed to be annexed.
7474 (4) The legislative body of each county and municipality that adopts a resolution under
7475 Subsection (1)(b) shall, within five days after adopting the resolution, mail or deliver a copy of
7476 the resolution to the board of trustees of the proposed annexing local district.
7477 Section 157. Section 17B-1-404 , which is renumbered from Section 17B-2-504 is
7478 renumbered and amended to read:
7479 [17B-2-504]. 17B-1-404. Petition requirements.
7480 (1) Each petition under Subsection [ 17B-2-503 ] 17B-1-403 (1)(a) shall:
7481 (a) indicate the typed or printed name and current residence address of each person
7482 signing the petition;
7483 (b) separately group signatures by county and municipality, so that all signatures of the
7484 owners of real property located within or of registered voters residing within each county
7485 whose unincorporated area includes and each municipality whose boundaries include part of
7486 the area proposed for annexation are grouped separately;
7487 (c) if it is a petition under Subsection [ 17B-2-503 ] 17B-1-403 (1)(a)(i) or (ii)(A),
7488 indicate the address of the property as to which the owner is signing the petition;
7489 (d) designate up to three signers of the petition as sponsors, one of whom shall be
7490 designated the contact sponsor, with the mailing address and telephone number of each;
7491 (e) be filed with the board of trustees of the proposed annexing local district; and
7492 (f) for a petition under Subsection [ 17B-2-503 ] 17B-1-403 (a)(i), state the proposed
7493 method of supplying water to the area proposed to be annexed.
7494 (2) By submitting a written withdrawal or reinstatement with the board of trustees of
7495 the proposed annexing local district, a signer of a petition may withdraw, or once withdrawn,
7496 reinstate the signer's signature at any time:
7497 (a) before the public hearing under Section [ 17B-2-509 ] 17B-1-409 is held; or
7498 (b) if a hearing is not held because of Subsection [ 17B-2-513 ] 17B-1-413 (1) or because

7499 no hearing is requested under Subsection [ 17B-2-513 ] 17B-1-413 (2)(a)(ii)(B), until 20 days
7500 after the local district provides notice under Subsection [ 17B-2-513 ] 17B-1-413 (2)(a)(i).
7501 Section 158. Section 17B-1-405 , which is renumbered from Section 17B-2-505 is
7502 renumbered and amended to read:
7503 [17B-2-505]. 17B-1-405. Petition certification.
7504 (1) Within 30 days after the filing of a petition under Subsection [ 17B-2-503 ]
7505 17B-1-403 (1)(a)(i) or (ii), the board of trustees of the proposed annexing local district shall:
7506 (a) with the assistance of officers of the county in which the area proposed to be
7507 annexed is located from whom the board requests assistance, determine whether the petition
7508 meets the requirements of Subsection [ 17B-2-503 ] 17B-1-403 (1)(a)(i) or (ii), as the case may
7509 be, Subsection [ 17B-2-503 ] 17B-1-403 (3), and Subsection [ 17B-2-504 ] 17B-1-404 (1); and
7510 (b) (i) if the board determines that the petition complies with the requirements, certify
7511 the petition and mail or deliver written notification of the certification to the contact sponsor;
7512 or
7513 (ii) if the board determines that the petition fails to comply with any of the
7514 requirements, reject the petition and mail or deliver written notification of the rejection and the
7515 reasons for the rejection to the contact sponsor.
7516 (2) (a) If the board rejects a petition under Subsection (1)(b)(ii), the petition may be
7517 amended to correct the deficiencies for which it was rejected and then refiled.
7518 (b) A valid signature on a petition that was rejected under Subsection (1)(b)(ii) may be
7519 used toward fulfilling the applicable signature requirement of the petition as amended under
7520 Subsection (2)(a).
7521 (3) The board shall process an amended petition filed under Subsection (2)(a) in the
7522 same manner as an original petition under Subsection (1).
7523 Section 159. Section 17B-1-406 , which is renumbered from Section 17B-2-506 is
7524 renumbered and amended to read:
7525 [17B-2-506]. 17B-1-406. Notice to county and municipality -- Exception.
7526 (1) Except as provided in Subsection (2), within ten days after certifying a petition
7527 under Subsection [ 17B-2-505 ] 17B-1-405 (1)(b) the board of trustees of the proposed annexing
7528 local district shall mail or deliver a written notice of the proposed annexation, with a copy of
7529 the certification and a copy of the petition, to the legislative body of each:

7530 (a) county in whose unincorporated area any part of the area proposed for annexation is
7531 located; and
7532 (b) municipality in which any part of the area proposed for annexation is located.
7533 (2) The board is not required to send a notice under Subsection (1) to:
7534 (a) a county or municipality that does not provide the service proposed to be provided
7535 by the local district; or
7536 (b) a county or municipality whose legislative body has adopted an ordinance or
7537 resolution waiving the notice requirement as to:
7538 (i) the proposed annexing local district; or
7539 (ii) the service that the proposed annexing local district provides.
7540 (3) For purposes of this section, an area proposed to be annexed to a municipality in a
7541 petition under Section 10-2-403 filed before and still pending at the time of the filing of a
7542 petition under Subsection [ 17B-2-503 ] 17B-1-403 (1)(a) and an area included within a
7543 municipality's annexation policy plan under Section 10-2-401.5 shall be considered to be part
7544 of that municipality.
7545 Section 160. Section 17B-1-407 , which is renumbered from Section 17B-2-507 is
7546 renumbered and amended to read:
7547 [17B-2-507]. 17B-1-407. Notice of intent to consider providing service --
7548 Public hearing requirements.
7549 (1) (a) If the legislative body of a county or municipality whose applicable area is
7550 proposed to be annexed to a local district in a petition under Subsection [ 17B-2-503 ]
7551 17B-1-403 (1)(a) intends to consider having the county or municipality, respectively, provide to
7552 the applicable area the service that the proposed annexing local district provides, the legislative
7553 body shall, within 30 days after receiving the notice under Subsection [ 17B-2-506 ]
7554 17B-1-406 (1), mail or deliver a written notice to the board of trustees of the proposed annexing
7555 local district indicating that intent.
7556 (b) (i) A notice of intent under Subsection (1)(a) suspends the local district's
7557 annexation proceeding as to the applicable area of the county or municipality that submits the
7558 notice of intent until the county or municipality:
7559 (A) adopts a resolution under Subsection [ 17B-2-508 ] 17B-1-408 (1) declining to
7560 provide the service proposed to be provided by the proposed annexing local district; or

7561 (B) is considered under Subsection [ 17B-2-508 ] 17B-1-408 (2) or (3) to have declined
7562 to provide the service.
7563 (ii) The suspension of an annexation proceeding under Subsection (1)(b)(i) as to an
7564 applicable area does not prevent the local district from continuing to pursue the annexation
7565 proceeding with respect to other applicable areas for which no notice of intent was submitted.
7566 (c) If a legislative body does not mail or deliver a notice of intent within the time
7567 required under Subsection (1)(a), the legislative body shall be considered to have declined to
7568 provide the service.
7569 (2) Each legislative body that mails or delivers a notice under Subsection (1)(a) shall
7570 hold a public hearing or a set of public hearings, sufficient in number and location to ensure
7571 that no substantial group of residents of the area proposed for annexation need travel an
7572 unreasonable distance to attend a public hearing.
7573 (3) Each public hearing under Subsection (2) shall be held:
7574 (a) no later than 45 days after the legislative body sends notice under Subsection (1);
7575 (b) except as provided in Subsections (6) and (7), within the applicable area; and
7576 (c) for the purpose of allowing public input on:
7577 (i) whether the service is needed in the area proposed for annexation;
7578 (ii) whether the service should be provided by the county or municipality or the
7579 proposed annexing local district; and
7580 (iii) all other matters relating to the issue of providing the service or the proposed
7581 annexation.
7582 (4) A quorum of the legislative body of each county or municipal legislative body
7583 holding a public hearing under this section shall be present throughout each hearing held by
7584 that county or municipal legislative body.
7585 (5) Each hearing under this section shall be held on a weekday evening other than a
7586 holiday beginning no earlier than [6:00] 6 p.m.
7587 (6) Two or more county or municipal legislative bodies may jointly hold a hearing or
7588 set of hearings required under this section if all the requirements of this section, other than the
7589 requirements of Subsection (3)(b), are met as to each hearing.
7590 (7) Notwithstanding Subsection (3)(b), a county or municipal legislative body may
7591 hold a public hearing or set of public hearings outside the applicable area if:

7592 (a) there is no reasonable place to hold a public hearing within the applicable area; and
7593 (b) the public hearing or set of public hearings is held as close to the applicable area as
7594 reasonably possible.
7595 (8) Before holding a public hearing or set of public hearings under this section, the
7596 legislative body of each county or municipality that receives a request for service shall provide
7597 notice of the hearing or set of hearings as provided in Section [ 17B-2-211 ] 17B-1-211 .
7598 Section 161. Section 17B-1-408 , which is renumbered from Section 17B-2-508 is
7599 renumbered and amended to read:
7600 [17B-2-508]. 17B-1-408. Resolution indicating whether the requested
7601 service will be provided.
7602 (1) Within 30 days after the last hearing required under Section [ 17B-2-507 ]
7603 17B-1-407 is held, the legislative body of each county and municipality that sent a notice of
7604 intent under Subsection [ 17B-2-507 ] 17B-1-407 (1) shall adopt a resolution indicating whether
7605 the county or municipality will provide to the area proposed for annexation within its
7606 boundaries the service proposed to be provided by the proposed annexing local district.
7607 (2) If the county or municipal legislative body fails to adopt a resolution within the
7608 time provided under Subsection (1), the county or municipality shall be considered to have
7609 declined to provide the service.
7610 (3) If a county or municipal legislative body adopts a resolution under Subsection (1)
7611 indicating that the county or municipality will provide the service but the county or
7612 municipality does not, within 120 days after the adoption of that resolution, take substantial
7613 measures to provide the service, the county or municipality shall be considered to have
7614 declined to provide the service.
7615 (4) Each county or municipality whose legislative body adopts a resolution under
7616 Subsection (1) indicating that the county or municipality will provide the service shall
7617 diligently proceed to take all measures necessary to provide the service.
7618 (5) If a county or municipal legislative body adopts a resolution under Subsection (1)
7619 indicating that the county or municipality will provide the service and the county or
7620 municipality takes substantial measures within the time provided in Subsection (3) to provide
7621 the service, the local district's annexation proceeding as to the applicable area of that county or
7622 municipality is terminated and that applicable area is considered deleted from the area

7623 proposed to be annexed in a petition under Subsection [ 17B-2-503 ] 17B-1-403 (1)(a).
7624 Section 162. Section 17B-1-409 , which is renumbered from Section 17B-2-509 is
7625 renumbered and amended to read:
7626 [17B-2-509]. 17B-1-409. Public hearing on proposed annexation.
7627 (1) Except as provided in Sections [ 17B-2-513 ] 17B-1-513 and [ 17B-2-515 ]
7628 17B-1-415 , the board of trustees of each local district that certifies a petition that was filed
7629 under Subsection [ 17B-2-503 ] 17B-1-403 (1)(a)(ii)(A) or (B), receives a resolution adopted
7630 under Subsection [ 17B-2-503 ] 17B-1-403 (1)(b), or adopts a resolution under Subsection
7631 [ 17B-2-503 ] 17B-1-403 (1)(c) shall hold a public hearing on the proposed annexation and
7632 provide notice of the hearing as provided in Section [ 17B-2-510 ] 17B-1-410 .
7633 (2) Each public hearing under Subsection (1) shall be held:
7634 (a) within 45 days after:
7635 (i) if no notice to a county or municipal legislative body is required under Section
7636 [ 17B-2-506 ] 17B-1-406 , petition certification under Section [ 17B-2-505 ] 17B-1-405 ; or
7637 (ii) if notice is required under Section [ 17B-2-506 ] 17B-1-406 , but no notice of intent
7638 is submitted by the deadline:
7639 (A) expiration of the deadline under Subsection [ 17B-2-507 ] 17B-1-407 (1) to submit a
7640 notice of intent; or
7641 (B) termination of a suspension of the annexation proceeding under Subsection
7642 [ 17B-2-507 ] 17B-1-407 (1)(b);
7643 (b) (i) for a local district located entirely within a single county:
7644 (A) within or as close as practicable to the area proposed to be annexed; or
7645 (B) at the local district office; or
7646 (ii) for a local district located in more than one county:
7647 (A) (I) within the county in which the area proposed to be annexed is located; and
7648 (II) within or as close as practicable to the area proposed to be annexed; or
7649 (B) if the local district office is reasonably accessible to all residents within the area
7650 proposed to be annexed, at the local district office;
7651 (c) on a weekday evening other than a holiday beginning no earlier than [6:00] 6 p.m.;
7652 and
7653 (d) for the purpose of allowing:

7654 (i) the public to ask questions and obtain further information about the proposed
7655 annexation and issues raised by it; and
7656 (ii) any interested person to address the board regarding the proposed annexation.
7657 (3) A quorum of the board of trustees of the proposed annexing local district shall be
7658 present throughout each public hearing held under this section.
7659 (4) (a) After holding a public hearing under this section or, if no hearing is held
7660 because of application of Subsection [ 17B-2-513 ] 17B-1-413 (2)(a)(ii), after expiration of the
7661 time under Subsection [ 17B-2-513 ] 17B-1-413 (2)(a)(ii)(B) for requesting a hearing, the board
7662 of trustees may by resolution deny the annexation and terminate the annexation procedure if:
7663 (i) for a proposed annexation initiated by a petition under Subsection [ 17B-2-503 ]
7664 17B-1-403 (1)(a)(i) or (ii), the board determines that:
7665 (A) it is not feasible for the local district to provide service to the area proposed to be
7666 annexed; or
7667 (B) annexing the area proposed to be annexed would be inequitable to the owners of
7668 real property or residents already within the local district; or
7669 (ii) for a proposed annexation initiated by resolution under Subsection [ 17B-2-503 ]
7670 17B-1-403 (1)(b) or (c), the board determines not to pursue annexation.
7671 (b) In each resolution adopted under Subsection (4)(a), the board shall set forth its
7672 reasons for denying the annexation.
7673 Section 163. Section 17B-1-410 , which is renumbered from Section 17B-2-510 is
7674 renumbered and amended to read:
7675 [17B-2-510]. 17B-1-410. Notice of public hearing.
7676 (1) Before holding a public hearing required under Section [ 17B-2-509 ] 17B-1-409 , the
7677 board of trustees of each proposed annexing local district shall:
7678 (a) mail notice of the public hearing and the proposed annexation to:
7679 (i) if the local district is funded predominantly by revenues from a property tax, each
7680 owner of private real property located within the area proposed to be annexed, as shown upon
7681 the county assessment roll last equalized as of the previous December 31; or
7682 (ii) if the local district is not funded predominantly by revenues from a property tax,
7683 each registered voter residing within the area proposed to be annexed, as determined by the
7684 voter registration list maintained by the county clerk as of a date selected by the board of

7685 trustees that is at least 20 but not more than 60 days before the public hearing; and
7686 (b) post notice of the public hearing and the proposed annexation in at least four
7687 conspicuous places within the area proposed to be annexed, no less than ten and no more than
7688 30 days before the public hearing.
7689 (2) Each notice required under Subsection (1) shall:
7690 (a) describe the area proposed to be annexed;
7691 (b) identify the proposed annexing local district;
7692 (c) state the date, time, and location of the public hearing;
7693 (d) provide a local district telephone number where additional information about the
7694 proposed annexation may be obtained;
7695 (e) specify the estimated financial impact, in terms of taxes and fees, upon the typical
7696 resident and upon the typical property owner within the area proposed to be annexed if the
7697 proposed annexation is completed; and
7698 (f) except for a proposed annexation under a petition that meets the requirements of
7699 Subsection [ 17B-2-513 ] 17B-1-413 (1), explain that property owners and registered voters
7700 within the area proposed to be annexed may protest the annexation by filing a written protest
7701 with the local district board of trustees within 30 days after the public hearing.
7702 Section 164. Section 17B-1-411 , which is renumbered from Section 17B-2-511 is
7703 renumbered and amended to read:
7704 [17B-2-511]. 17B-1-411. Modifications to area proposed for annexation --
7705 Limitations.
7706 (1) (a) Subject to Subsections (2), (3), (4), and (5), a board of trustees may, within 30
7707 days after the public hearing under Section [ 17B-2-509 ] 17B-1-409 , or, if no public hearing is
7708 held, within 30 days after the board provides notice under Subsection [ 17B-2-513 ]
7709 17B-1-413 (2)(a)(i), modify the area proposed for annexation to include land not previously
7710 included in that area or to exclude land from that area if the modification enhances the
7711 feasibility of the proposed annexation.
7712 (b) A modification under Subsection (1)(a) may consist of the exclusion of all the land
7713 within an applicable area if:
7714 (i) the entire area proposed to be annexed consists of more than that applicable area;
7715 (ii) sufficient protests under Section [ 17B-2-512 ] 17B-1-412 are filed with respect to

7716 that applicable area that an election would have been required under Subsection [ 17B-2-512 ]
7717 17B-1-412 (3) if that applicable area were the entire area proposed to be annexed; and
7718 (iii) the other requirements of Subsection (1)(a) are met.
7719 (2) A board of trustees may not add property under Subsection (1) to the area proposed
7720 for annexation without the consent of the owner of that property.
7721 (3) Except as provided in Subsection (1)(b), a modification under Subsection (1) may
7722 not avoid the requirement for an election under Subsection [ 17B-2-512 ] 17B-1-412 (3) if,
7723 before the modification, the election was required because of protests filed under Section
7724 [ 17B-2-512 ] 17B-1-412 .
7725 (4) If the annexation is proposed by a petition under Subsection [ 17B-2-503 ]
7726 17B-1-403 (1)(a)(ii)(A) or (B), a modification may not be made unless the requirements of
7727 Subsection [ 17B-2-503 ] 17B-1-403 (1)(a)(ii)(A) or (B) are met after the modification as to the
7728 area proposed to be annexed.
7729 (5) If the petition meets the requirements of Subsection [ 17B-2-513 ] 17B-1-413 (1)
7730 before a modification under this section but fails to meet those requirements after modification:
7731 (a) the local district board shall give notice as provided in Section [ 17B-2-510 ]
7732 17B-1-410 and hold a public hearing as provided in Section [ 17B-2-509 ] 17B-1-409 on the
7733 proposed annexation; and
7734 (b) the petition shall be considered in all respects as one that does not meet the
7735 requirements of Subsection [ 17B-2-513 ] 17B-1-413 (1).
7736 Section 165. Section 17B-1-412 , which is renumbered from Section 17B-2-512 is
7737 renumbered and amended to read:
7738 [17B-2-512]. 17B-1-412. Protests -- Election.
7739 (1) (a) An owner of private real property located within or a registered voter residing
7740 within an area proposed to be annexed may protest an annexation by filing a written protest
7741 with the board of trustees of the proposed annexing local district, except:
7742 (i) as provided in Section [ 17B-2-513 ] 17B-1-413 ;
7743 (ii) for an annexation under Section [ 17B-2-515 ] 17B-1-415 ; and
7744 (iii) for an annexation proposed by a local district that receives sales and use tax funds
7745 from the counties, cities, and towns within the local district that impose a sales and use tax
7746 under Section 59-12-501 .

7747 (b) A protest of a boundary adjustment is not governed by this section but is governed
7748 by Section [ 17B-2-516 ] 17B-1-417 .
7749 (2) Each protest under Subsection (1)(a) shall be filed within 30 days after the date of
7750 the public hearing under Section [ 17B-2-509 ] 17B-1-409 .
7751 (3) (a) Except as provided in Subsection (4), the local district shall hold an election on
7752 the proposed annexation if:
7753 (i) timely protests are filed by:
7754 (A) the owners of private real property that:
7755 (I) is located within the area proposed to be annexed;
7756 (II) covers at least 10% of the total private land area within the entire area proposed to
7757 be annexed and within each applicable area; and
7758 (III) is equal in assessed value to at least 10% of the assessed value of all private real
7759 property within the entire area proposed to be annexed and within each applicable area; or
7760 (B) registered voters residing within the entire area proposed to be annexed and within
7761 each applicable area equal in number to at least 10% of the number of votes cast within the
7762 entire area proposed for annexation and within each applicable area, respectively, for the office
7763 of governor at the last regular general election before the filing of the petition; or
7764 (ii) the proposed annexing local district is one that receives sales and use tax funds
7765 from the counties, cities, and towns within the local district that impose a sales and use tax
7766 under Section 59-12-501 .
7767 (b) (i) At each election held under Subsection (3)(a)(ii), the ballot question shall be
7768 phrased to indicate that a voter's casting a vote for or against the annexation includes also a
7769 vote for or against the imposition of the sales and use tax as provided in Section 59-12-501 .
7770 (ii) Except as otherwise provided in this part, each election under Subsection (3)(a)
7771 shall be governed by Title 20A, Election Code.
7772 (c) If a majority of registered voters residing within the area proposed to be annexed
7773 and voting on the proposal vote:
7774 (i) in favor of annexation, the board of trustees shall, subject to Subsections
7775 [ 17B-2-514 ] 17B-1-414(1)(b), (2), and (3), complete the annexation by adopting a resolution
7776 approving annexation of the area; or
7777 (ii) against annexation, the annexation process is terminated, the board may not adopt a

7778 resolution approving annexation of the area, and the area proposed to be annexed may not for
7779 two years be the subject of an effort under this part to annex to the same local district.
7780 (4) If sufficient protests are filed under this section to require an election for a
7781 proposed annexation to which the protest provisions of this section are applicable, a board of
7782 trustees may, notwithstanding Subsection (3), adopt a resolution rejecting the annexation and
7783 terminating the annexation process without holding an election.
7784 Section 166. Section 17B-1-413 , which is renumbered from Section 17B-2-513 is
7785 renumbered and amended to read:
7786 [17B-2-513]. 17B-1-413. Hearing, notice, and protest provisions do not
7787 apply for certain petitions.
7788 (1) Section [ 17B-2-512 ] 17B-1-412 does not apply, and, except as provided in
7789 Subsection (2)(a), Sections [ 17B-2-509 ] 17B-1-409 and [ 17B-2-510 ] 17B-1-410 do not apply:
7790 (a) if the process to annex an area to a local district was initiated by:
7791 (i) a petition under Subsection [ 17B-2-503 ] 17B-1-403 (1)(a)(i);
7792 (ii) a petition under Subsection [ 17B-2-503 ] 17B-1-403 (1)(a)(ii)(A) that was signed by
7793 the owners of private real property that:
7794 (A) is located within the area proposed to be annexed;
7795 (B) covers at least 75% of the total private land area within the entire area proposed to
7796 be annexed and within each applicable area; and
7797 (C) is equal in assessed value to at least 75% of the assessed value of all private real
7798 property within the entire area proposed to be annexed and within each applicable area; or
7799 (iii) a petition under Subsection [ 17B-2-503 ] 17B-1-403 (1)(a)(ii)(B) that was signed by
7800 registered voters residing within the entire area proposed to be annexed and within each
7801 applicable area equal in number to at least 75% of the number of votes cast within the entire
7802 area proposed to be annexed and within each applicable area, respectively, for the office of
7803 governor at the last regular general election before the filing of the petition;
7804 (b) to an annexation under Section [ 17B-2-515 ] 17B-1-415 ; or
7805 (c) to a boundary adjustment under Section [ 17B-2-516 ] 17B-1-417 .
7806 (2) (a) If a petition that meets the requirements of Subsection (1)(a) is certified under
7807 Section [ 17B-2-505 ] 17B-1-405 , the local district board:
7808 (i) shall provide notice of the proposed annexation as provided in Subsection (2)(b);

7809 and
7810 (ii) (A) may, in the board's discretion, hold a public hearing as provided in Section
7811 [ 17B-2-509 ] 17B-1-409 after giving notice of the public hearing as provided in Subsection
7812 (2)(b); and
7813 (B) shall, after giving notice of the public hearing as provided in Subsection (2)(b),
7814 hold a public hearing as provided in Section [ 17B-2-509 ] 17B-1-409 if a written request to do
7815 so is submitted, within 20 days after the local district provides notice under Subsection
7816 (2)(a)(i), to the local district board by an owner of property that is located within or a registered
7817 voter residing within the area proposed to be annexed who did not sign the annexation petition.
7818 (b) The notice required under Subsections (2)(a)(i) and (ii) shall:
7819 (i) be given:
7820 (A) (I) for a notice under Subsection (2)(a)(i), within 30 days after petition
7821 certification; or
7822 (II) for a notice of a public hearing under Subsection (2)(a)(ii), at least ten but not more
7823 than 30 days before the public hearing; and
7824 (B) by:
7825 (I) posting written notice at the local district's principal office and in one or more other
7826 locations within or proximate to the area proposed to be annexed as are reasonable under the
7827 circumstances, considering the number of parcels included in that area, the size of the area, the
7828 population of the area, and the contiguousness of the area; and
7829 (II) providing written notice to at least one newspaper of general circulation, if there is
7830 one, within the area proposed to be annexed or to a local media correspondent; and
7831 (ii) contain a brief explanation of the proposed annexation and include the name of the
7832 local district, the service provided by the local district, a description or map of the area
7833 proposed to be annexed, a local district telephone number where additional information about
7834 the proposed annexation may be obtained, and, for a notice under Subsection (2)(a)(i), an
7835 explanation of the right of a property owner or registered voter to request a public hearing as
7836 provided in Subsection (2)(a)(ii)(B).
7837 (c) A notice under Subsection (2)(a)(i) may be combined with the notice that is
7838 required for a public hearing under Subsection (2)(a)(ii)(A).
7839 Section 167. Section 17B-1-414 , which is renumbered from Section 17B-2-514 is

7840 renumbered and amended to read:
7841 [17B-2-514]. 17B-1-414. Resolution approving an annexation -- Notice of
7842 annexation -- When annexation complete.
7843 (1) (a) Subject to Subsection (1)(b), the local district board shall adopt a resolution
7844 approving the annexation of the area proposed to be annexed or rejecting the proposed
7845 annexation within 30 days after:
7846 (i) expiration of the protest period under Subsection [ 17B-2-512 ] 17B-1-412 (2), if
7847 sufficient protests to require an election are not filed;
7848 (ii) for a petition that meets the requirements of Subsection [ 17B-2-513 ] 17B-1-413 (1):
7849 (A) a public hearing under Section [ 17B-2-509 ] 17B-1-409 is held, if the board
7850 chooses or is required to hold a public hearing under Subsection [ 17B-2-513 ]
7851 17B-1-413 (2)(a)(ii); or
7852 (B) expiration of the time for submitting a request for public hearing under Subsection
7853 [ 17B-2-513 ] 17B-1-413 (2)(a)(ii)(B), if no request is submitted and the board chooses not to
7854 hold a public hearing.
7855 (b) If the local district has entered into an agreement with the United States that
7856 requires the consent of the United States for an annexation of territory to the district, a
7857 resolution approving annexation under this part may not be adopted until the written consent of
7858 the United States is obtained and filed with the board of trustees.
7859 (2) (a) The board shall file a notice with the lieutenant governor:
7860 (i) within 30 days after adoption of a resolution under Subsection (1), Subsection
7861 [ 17B-2-512 ] 17B-1-412 (3)(c)(i), or Section [ 17B-2-515 ] 17B-1-415 ; and
7862 (ii) as soon as practicable after receiving the notice under Subsection 10-2-425 (2) of a
7863 municipal annexation that causes an automatic annexation to a local district under Section
7864 [ 17B-2-515.5 ] 17B-1-416 .
7865 (b) The notice required under Subsection (2)(a) shall:
7866 (i) be accompanied by:
7867 (A) if applicable, a copy of the board resolution approving the annexation; and
7868 (B) an accurate map depicting the boundaries of the area to be annexed or a legal
7869 description of the area to be annexed, adequate for purposes of the county assessor and
7870 recorder;

7871 (ii) for an annexation pursuant to a resolution described in Subsection (2)(a)(i), include
7872 a certification by the local district board that all requirements for the annexation have been
7873 complied with; and
7874 (iii) for an automatic annexation to a local district under Section [ 17B-2-515.5 ]
7875 17B-1-416 , state that an area outside the boundaries of the local district is being automatically
7876 annexed to the local district under Section [ 17B-2-515.5 ] 17B-1-416 because of a municipal
7877 annexation under Title 10, Chapter 2, Part 4, Annexation.
7878 (3) The annexation shall be complete:
7879 (a) for an annexation pursuant to a resolution described in Subsection (2)(a)(i), upon
7880 the lieutenant governor's issuance of the certificate of annexation under Section 67-1a-6.5 ; and
7881 (b) for an automatic annexation that is the subject of a notice under Subsection
7882 (2)(a)(ii), upon the lieutenant governor's issuance of the certificate of annexation under
7883 Subsection 10-1-117 (3)(b).
7884 Section 168. Section 17B-1-415 , which is renumbered from Section 17B-2-515 is
7885 renumbered and amended to read:
7886 [17B-2-515]. 17B-1-415. Annexation of wholesale district through
7887 expansion of retail provider.
7888 (1) (a) A local district that provides a wholesale service may adopt a resolution
7889 approving the annexation of an area outside the local district's boundaries if:
7890 (i) the area is annexed by or otherwise added to, or is added to the retail service area of,
7891 a municipality[, an independent special district,] or another local district that:
7892 (A) acquires the wholesale service from the local district and provides it as a retail
7893 service;
7894 (B) is, before the annexation or other addition, located at least partly within the local
7895 district; and
7896 (C) after the annexation or other addition will provide to the annexed or added area the
7897 same retail service that the local district provides as a wholesale service to the municipality[,
7898 independent special district,] or other local district; and
7899 (ii) except as provided in Subsection (2), no part of the area is within the boundaries of
7900 [an independent special district under Title 17A, Chapter 2, Independent Special Districts, or]
7901 another local district that provides the same wholesale service as the proposed annexing local

7902 district.
7903 (b) For purposes of this section:
7904 (i) a local district providing public transportation service shall be considered to be
7905 providing a wholesale service; and
7906 (ii) a municipality included within the boundaries of the local district providing public
7907 transportation service shall be considered to be acquiring that wholesale service from the local
7908 district and providing it as a retail service and to be providing that retail service after the
7909 annexation or other addition to the annexed or added area, even though the municipality does
7910 not in fact provide that service.
7911 (2) Notwithstanding Subsection (1)(a)(ii), an area outside the boundaries of a local
7912 district providing a wholesale service and located partly or entirely within the boundaries of [an
7913 independent special district or] another local district that provides the same wholesale service
7914 may be annexed to the local district if:
7915 (a) the conditions under Subsection (1)(a)(i) are present; and
7916 (b) the proposed annexing local district and the [independent special district or] other
7917 local district follow the same procedure as is required for a boundary adjustment under Section
7918 [ 17B-2-516 ] 17B-1-417 , including both district boards adopting a resolution approving the
7919 annexation of the area to the proposed annexing local district and the withdrawal of that area
7920 from the other district.
7921 (3) Upon the adoption of an annexation resolution under this section, the board of the
7922 annexing local district shall comply with the requirements of Subsection [ 17B-2-514 ]
7923 17B-1-414(2), and the lieutenant governor shall issue a certificate of annexation and send a
7924 copy of notice as provided in [Subsection 17B-2-514 (2)(c)] Section 67-1a-6.5 .
7925 (4) Subsection [ 17B-2-514 ] 17B-1-414(3) applies to an annexation under this section.
7926 Section 169. Section 17B-1-416 , which is renumbered from Section 17B-2-515.5 is
7927 renumbered and amended to read:
7928 [17B-2-515.5]. 17B-1-416. Automatic annexation to a district providing fire
7929 protection, paramedic, and emergency services.
7930 (1) An area outside the boundaries of a local district that is annexed to a municipality
7931 or added to a municipality by a boundary adjustment under Title 10, Chapter 2, Part 4,
7932 Annexation, is automatically annexed to the local district if:

7933 (a) the local district provides fire protection, paramedic, and emergency services;
7934 (b) an election for the creation of the local district was not required because of
7935 Subsection [ 17B-2-214 ] 17B-1-214 (3)(c); and
7936 (c) before the municipal annexation or boundary adjustment, the entire municipality
7937 that is annexing the area or adding the area by boundary adjustment was included within the
7938 local district.
7939 (2) The effective date of an annexation under this section is governed by Subsection
7940 [ 17B-2-514 ] 17B-1-414(3)(b).
7941 Section 170. Section 17B-1-417 , which is renumbered from Section 17B-2-516 is
7942 renumbered and amended to read:
7943 [17B-2-516]. 17B-1-417. Boundary adjustment -- Notice and hearing --
7944 Protest -- Resolution adjusting boundaries -- Notice of the adjustment -- Notice to
7945 lieutenant governor.
7946 (1) As used in this section, "affected area" means the area located within the
7947 boundaries of one local district that will be removed from that local district and included within
7948 the boundaries of another local district because of a boundary adjustment under this section.
7949 (2) The boards of trustees of two or more local districts having a common boundary
7950 and providing the same service on the same wholesale or retail basis may adjust their common
7951 boundary as provided in this section.
7952 (3) (a) The board of trustees of each local district intending to adjust a boundary that is
7953 common with another local district shall:
7954 (i) adopt a resolution indicating the board's intent to adjust a common boundary;
7955 (ii) hold a public hearing on the proposed boundary adjustment no less than 60 days
7956 after the adoption of the resolution under Subsection (3)(a)(i); and
7957 (iii) (A) (I) publish notice once a week for two successive weeks in a newspaper of
7958 general circulation within the local district; or
7959 (II) if there is no newspaper of general circulation within the local district, post notice
7960 in at least four conspicuous places within the local district; or
7961 (B) mail a notice to each owner of property located within the affected area and to each
7962 registered voter residing within the affected area.
7963 (b) The notice required under Subsection (3)(a)(iii) shall:

7964 (i) state that the board of trustees of the local district has adopted a resolution
7965 indicating the board's intent to adjust a boundary that the local district has in common with
7966 another local district that provides the same service as the local district;
7967 (ii) describe the affected area;
7968 (iii) state the date, time, and location of the public hearing required under Subsection
7969 (3)(a)(ii);
7970 (iv) provide a local district telephone number where additional information about the
7971 proposed boundary adjustment may be obtained;
7972 (v) explain the financial and service impacts of the boundary adjustment on property
7973 owners or residents within the affected area; and
7974 (vi) state in conspicuous and plain terms that the board of trustees may approve the
7975 adjustment of the boundaries unless, at or before the public hearing under Subsection (3)(a)(ii),
7976 written protests to the adjustment are filed with the board by:
7977 (A) the owners of private real property that:
7978 (I) is located within the affected area;
7979 (II) covers at least 50% of the total private land area within the affected area; and
7980 (III) is equal in assessed value to at least 50% of the assessed value of all private real
7981 property within the affected area; or
7982 (B) registered voters residing within the affected area equal in number to at least 50%
7983 of the votes cast in the affected area for the office of governor at the last regular general
7984 election before the filing of the protests.
7985 (c) The first publication of the notice required under Subsection (3)(a)(iii)(A) shall be
7986 within 14 days after the board's adoption of a resolution under Subsection (3)(a)(i).
7987 (d) The boards of trustees of the local districts whose boundaries are being adjusted
7988 may jointly:
7989 (i) publish, post, or mail the notice required under Subsection (3)(a)(iii); and
7990 (ii) hold the public hearing required under Subsection (3)(a)(ii).
7991 (4) After the public hearing required under Subsection (3)(a)(ii), the board of trustees
7992 may adopt a resolution approving the adjustment of the common boundary unless, at or before
7993 the public hearing, written protests to the boundary adjustment have been filed with the board
7994 by:

7995 (a) the owners of private real property that:
7996 (i) is located within the affected area;
7997 (ii) covers at least 50% of the total private land area within the affected area; and
7998 (iii) is equal in assessed value to at least 50% of the assessed value of all private real
7999 property within the affected area; or
8000 (b) registered voters residing within the affected area equal in number to at least 50%
8001 of the votes cast in the affected area for the office of governor at the last regular general
8002 election before the filing of the protests.
8003 (5) A resolution adopted under Subsection (4) does not take effect until the board of
8004 each local district whose boundaries are being adjusted has adopted a resolution under
8005 Subsection (4).
8006 (6) (a) Within 30 days after the resolutions take effect under Subsection (5), the board
8007 of the local district whose boundaries are being adjusted to include the affected area shall file a
8008 notice with the lieutenant governor.
8009 (b) The notice required under Subsection (6)(a) shall:
8010 (i) be accompanied by:
8011 (A) a copy of each of the board resolutions approving the boundary adjustment; and
8012 (B) an accurate map depicting the affected area or a legal description of the affected
8013 area, adequate for purposes of the county assessor and recorder; and
8014 (ii) include a certification by the board of the local district whose boundaries are being
8015 adjusted to include the affected area that all requirements for the boundary adjustment have
8016 been complied with.
8017 (7) Upon the lieutenant governor's issuance of a certificate of boundary change under
8018 Section 67-1a-6.5 , the affected area is annexed to the local district whose boundaries are being
8019 adjusted to include the affected area, and the affected area is withdrawn from the local district
8020 whose boundaries are being adjusted to exclude the affected area.
8021 Section 171. Section 17B-1-418 , which is renumbered from Section 17B-2-517 is
8022 renumbered and amended to read:
8023 [17B-2-517]. 17B-1-418. Annexed area subject to fees, charges, and taxes.
8024 When an annexation under Section [ 17B-2-514 ] 17B-1-414 or [ 17B-2-515 ] 17B-1-415
8025 or a boundary adjustment under Section [ 17B-2-516 ] 17B-1-417 is complete, the annexed area

8026 or the area affected by the boundary adjustment shall be subject to user fees or charges imposed
8027 by and property, sales, and other taxes levied by or for the benefit of the local district.
8028 Section 172. Section 17B-1-501 is enacted to read:
8029 Part 5. Withdrawal
8030 17B-1-501. Definitions.
8031 As used in this part, "receiving entity" means the entity that will, after the withdrawal of
8032 an area from a local district, provide to the withdrawn area the service that the local district
8033 previously provided to the area.
8034 Section 173. Section 17B-1-502 , which is renumbered from Section 17B-2-601 is
8035 renumbered and amended to read:
8036 [17B-2-601]. 17B-1-502. Withdrawal of area from local district --
8037 Automatic withdrawal in certain circumstances -- Definitions.
8038 (1) (a) An area within the boundaries of a local district may be withdrawn from the
8039 local district only as provided in this part.
8040 (b) Except as provided in Subsections (2) and (3), the inclusion of an area of a local
8041 district within a municipality because of a municipal incorporation under Title 10, Chapter 2,
8042 Part 1, Incorporation, or a municipal annexation or boundary adjustment under Title 10,
8043 Chapter 2, Part 4, Annexation, does not affect the requirements under this part for the process
8044 of withdrawing that area from the local district.
8045 (2) (a) An area within the boundaries of a local district is automatically withdrawn
8046 from the local district by the annexation of the area to a municipality or the adding of the area
8047 to a municipality by boundary adjustment under Title 10, Chapter 2, Part 4, Annexation, if:
8048 (i) the local district provides fire protection, paramedic, and emergency services;
8049 (ii) an election for the creation of the local district was not required because of
8050 Subsection [ 17B-2-214 ] 17B-1-214 (3)(c); and
8051 (iii) before annexation or boundary adjustment, the boundaries of the local district do
8052 not include any of the annexing municipality.
8053 (b) The effective date of a withdrawal under this Subsection (2) is governed by
8054 Subsection [ 17B-2-610 ] 17B-1-512 (2)(b).
8055 (3) (a) An area within the boundaries of a local district located in a county of the first
8056 class is automatically withdrawn from the local district by the incorporation of a municipality

8057 whose boundaries include the area if:
8058 (i) the local district provides fire protection, paramedic, and emergency services;
8059 (ii) an election for the creation of the local district was not required because of
8060 Subsection [ 17B-2-214 ] 17B-1-214 (3)(c); and
8061 (iii) the legislative body of the newly incorporated municipality:
8062 (A) adopts a resolution approving the withdrawal that includes the legal description of
8063 the area to be withdrawn; and
8064 (B) delivers a copy of the resolution to the board of trustees of the local district.
8065 (b) The effective date of a withdrawal under this Subsection (3) is governed by
8066 Subsection [ 17B-2-610 ] 17B-1-512 (2)(a).
8067 [(4) In addition to those definitions in Section 17B-2-101 , as used in this part,
8068 "receiving entity" means an entity that will, following a withdrawal, provide to the withdrawn
8069 area the service previously provided by the local district.]
8070 Section 174. Section 17B-1-503 , which is renumbered from Section 17B-2-602 is
8071 renumbered and amended to read:
8072 [17B-2-602]. 17B-1-503. Withdrawal or boundary adjustment with
8073 municipal approval.
8074 (1) A municipality and a local district whose boundaries adjoin or overlap may adjust
8075 the boundary of the local district to include more or less of the municipality in the local district
8076 by following the same procedural requirements as set forth in Section [ 17B-2-516 ] 17B-1-417
8077 for boundary adjustments between adjoining local districts.
8078 (2) After a boundary adjustment under Subsection (1) is complete, the local district
8079 shall provide the same service to any area added to the local district as provided to other areas
8080 within the local district and the municipality shall provide the same service that the local
8081 district previously provided to any area withdrawn from the local district.
8082 (3) No area within a municipality may be added to the area of a local district under this
8083 section if the area is part of a local district that provides the same wholesale or retail service as
8084 the first local district.
8085 Section 175. Section 17B-1-504 , which is renumbered from Section 17B-2-603 is
8086 renumbered and amended to read:
8087 [17B-2-603]. 17B-1-504. Initiation of withdrawal process -- Notice of

8088 petition.
8089 (1) Except as provided in Section [ 17B-2-603.5 ] 17B-1-505 , the process to withdraw
8090 an area from a local district may be initiated:
8091 (a) for a local district funded predominantly by revenues from property taxes or service
8092 charges other than those based upon acre-feet of water:
8093 (i) by a petition signed by the owners of private real property that:
8094 (A) is located within the area proposed to be withdrawn;
8095 (B) covers at least 51% of the total private land within the area proposed to be
8096 withdrawn; and
8097 (C) is equal in taxable value to at least 51% of the taxable value of all private real
8098 property within the area proposed to be withdrawn;
8099 (ii) by a petition signed by registered voters residing within the area proposed to be
8100 withdrawn equal in number to at least 67% of the number of votes cast in the same area for the
8101 office of governor at the last regular general election before the filing of the petition;
8102 (iii) by a resolution adopted by the board of trustees of the local district in which the
8103 area proposed to be withdrawn is located, which:
8104 (A) states the reasons for withdrawal; and
8105 (B) is accompanied by a general description of the area proposed to be withdrawn; or
8106 (iv) by a resolution to file a petition with the local district to withdraw from the local
8107 district all or a specified portion of the area within a municipality or county, adopted by the
8108 governing body of a municipality that has within its boundaries an area located within the
8109 boundaries of a local district, or by the governing body of a county that has within its
8110 boundaries an area located within the boundaries of a local district that is located in more than
8111 one county, which petition of the governing body shall be filed with the board of trustees only
8112 if a written request to petition the board of trustees to withdraw an area from the local district
8113 has been filed with the governing body of the municipality, or county, and the request has been
8114 signed by registered voters residing within the boundaries of the area proposed for withdrawal
8115 equal in number to at least 51% of the number of votes cast in the same area for the office of
8116 governor at the last regular general election before the filing of the petition;
8117 (b) for a local district whose board of trustees is elected by electors based on the
8118 acre-feet of water allotted to the land owned by the elector:

8119 (i) in the same manner as provided in Subsection (1)(a)(iii) or Subsection (1)(a)(iv); or
8120 (ii) by a petition signed by the owners of at least 67% of the acre-feet of water allotted
8121 to the land proposed to be withdrawn; or
8122 (c) for a local district funded predominantly by revenues other than property taxes,
8123 service charges, or assessments based upon an allotment of acre-feet of water:
8124 (i) in the same manner as provided in Subsection (1)(a)(iii) or Subsection (1)(a)(iv); or
8125 (ii) by a petition signed by the registered voters residing within the entire area proposed
8126 to be withdrawn, which area shall be comprised of an entire unincorporated area within the
8127 local district or an entire municipality within a local district, or a combination thereof, equal in
8128 number to at least 67% of the number of votes cast within the entire area proposed to be
8129 withdrawn for the office of governor at the last regular general election before the filing of the
8130 petition.
8131 (2) Prior to soliciting any signatures on a petition under Subsection (1), the sponsors of
8132 the petition shall:
8133 (a) notify the local district board with which the petition is intended to be filed that the
8134 sponsors will be soliciting signatures for a petition; and
8135 (b) mail a copy of the petition to the local district board.
8136 Section 176. Section 17B-1-505 , which is renumbered from Section 17B-2-603.5 is
8137 renumbered and amended to read:
8138 [17B-2-603.5]. 17B-1-505. Withdrawal of municipality in certain districts
8139 providing fire protection, paramedic, and emergency services.
8140 (1) (a) The process to withdraw an area from a local district may be initiated by a
8141 resolution adopted by the legislative body of a municipality that is entirely within the
8142 boundaries of a local district:
8143 (i) that provides fire protection, paramedic, and emergency services; and
8144 (ii) in the creation of which an election was not required because of Subsection
8145 [ 17B-2-214 ] 17B-1-214 (3)(c).
8146 (b) Within ten days after adopting a resolution under Subsection (1)(a), the municipal
8147 legislative body shall submit to the board of trustees of the local district written notice of the
8148 adoption of the resolution, accompanied by a copy of the resolution.
8149 (2) If a resolution is adopted under Subsection (1)(a), the municipal legislative body

8150 shall hold an election at the next municipal general election that is more than 60 days after
8151 adoption of the resolution on the question of whether the municipality should withdraw from
8152 the local district.
8153 (3) If a majority of those voting on the question of withdrawal at an election held under
8154 Subsection (2) vote in favor of withdrawal, the municipality shall be withdrawn from the local
8155 district.
8156 (4) (a) Within ten days after the canvass of an election at which a withdrawal under this
8157 section is submitted to voters, the municipal legislative body shall send written notice to the
8158 board of the local district from which the municipality is proposed to withdraw.
8159 (b) Each notice under Subsection (4)(a) shall:
8160 (i) state the results of the withdrawal election; and
8161 (ii) if the withdrawal was approved by voters, be accompanied by a map or legal
8162 description of the area to be withdrawn, adequate for purposes of the county assessor and
8163 recorder.
8164 (5) The effective date of a withdrawal under this section is governed by Subsection
8165 [ 17B-2-610 ] 17B-1-512 (2)(a).
8166 Section 177. Section 17B-1-506 , which is renumbered from Section 17B-2-604 is
8167 renumbered and amended to read:
8168 [17B-2-604]. 17B-1-506. Withdrawal petition requirements.
8169 (1) Each petition under Section [ 17B-2-603 ] 17B-1-504 shall:
8170 (a) indicate the typed or printed name and current address of each owner of acre-feet of
8171 water, property owner, registered voter, or authorized representative of the governing body
8172 signing the petition;
8173 (b) separately group signatures by municipality and, in the case of unincorporated
8174 areas, by county;
8175 (c) if it is a petition signed by the owners of land, the assessment of which is based on
8176 acre-feet of water, indicate the address of the property and the property tax identification parcel
8177 number of the property as to which the owner is signing the request;
8178 (d) designate up to three signers of the petition as sponsors, or in the case of a petition
8179 filed under Subsection [ 17B-2-603 ] 17B-1-504 (1)(a)(iv), designate a governmental
8180 representative as a sponsor, and in each case, designate one sponsor as the contact sponsor with

8181 the mailing address and telephone number of each;
8182 (e) state the reasons for withdrawal; and
8183 (f) when the petition is filed with the local district board of trustees, be accompanied by
8184 a map generally depicting the boundaries of the area proposed to be withdrawn and a legal
8185 description of the area proposed to be withdrawn.
8186 (2) (a) The local district may prepare an itemized list of expenses, other than attorney
8187 expenses, that will necessarily be incurred by the local district in the withdrawal proceeding.
8188 The itemized list of expenses may be submitted to the contact sponsor. If the list of expenses is
8189 submitted to the contact sponsor within 21 days after receipt of the petition, the contact sponsor
8190 on behalf of the petitioners shall be required to pay the expenses to the local district within 90
8191 days of receipt. Until funds to cover the expenses are delivered to the local district, the district
8192 will have no obligation to proceed with the withdrawal and the time limits on the district stated
8193 in this part will be tolled. If the expenses are not paid within the 90 days, or within 90 days
8194 from the conclusion of any arbitration under Subsection (2)(b), the petition requesting the
8195 withdrawal shall be considered to have been withdrawn.
8196 (b) If there is no agreement between the board of trustees of the local district and the
8197 contact sponsor on the amount of expenses that will necessarily be incurred by the local district
8198 in the withdrawal proceeding, either the board of trustees or the contact sponsor may submit
8199 the matter to binding arbitration in accordance with Title 78, Chapter 31b, Alternative Dispute
8200 Resolution Act; provided that, if the parties cannot agree upon an arbitrator and the rules and
8201 procedures that will control the arbitration, either party may pursue arbitration under Title 78,
8202 Chapter 31a, Utah Uniform Arbitration Act.
8203 (3) A signer of a petition may withdraw or, once withdrawn, reinstate the signer's
8204 signature at any time before the public hearing under Section [ 17B-2-606 ] 17B-1-508 by
8205 submitting a written withdrawal or reinstatement with the board of trustees of the local district
8206 in which the area proposed to be withdrawn is located.
8207 (4) If it reasonably appears that, if the withdrawal which is the subject of a petition
8208 filed under Subsection [ 17B-2-603 ] 17B-1-504 (1)(a)(i) or (ii) is granted, it will be necessary
8209 for a municipality to provide to the withdrawn area the service previously supplied by the local
8210 district, the board of trustees of the local district may, within 21 days after receiving the
8211 petition, notify the contact sponsor in writing that, before it will be considered by the board of

8212 trustees, the petition must be presented to and approved by the governing body of the
8213 municipality as provided in Subsection [ 17B-2-603 ] 17B-1-504 (1)(a)(iv) before it will be
8214 considered by the local district board of trustees. If the notice is timely given to the contact
8215 sponsor, the petition shall be considered to have been withdrawn until the municipality files a
8216 petition with the local district under Subsection [ 17B-2-603 ] 17B-1-504 (1)(a)(iv).
8217 (5) (a) After receiving the notice required by Subsection [ 17B-2-603 ] 17B-1-504 (2),
8218 unless specifically allowed by law, a public entity may not make expenditures from public
8219 funds to support or oppose the gathering of signatures on a petition for withdrawal.
8220 (b) Nothing in this section prohibits a public entity from providing factual information
8221 and analysis regarding a withdrawal petition to the public, so long as the information grants
8222 equal access to both the opponents and proponents of the petition for withdrawal.
8223 (c) Nothing in this section prohibits a public official from speaking, campaigning,
8224 contributing personal monies, or otherwise exercising the public official's constitutional rights.
8225 Section 178. Section 17B-1-507 , which is renumbered from Section 17B-2-605 is
8226 renumbered and amended to read:
8227 [17B-2-605]. 17B-1-507. Withdrawal petition certification -- Amended
8228 petition.
8229 (1) Within 30 days after the filing of a petition under Sections [ 17B-2-603 ] 17B-1-504
8230 and [ 17B-2-604 ] 17B-1-506 , the board of trustees of the local district in which the area
8231 proposed to be withdrawn is located shall:
8232 (a) with the assistance of officers of the county in which the area proposed to be
8233 withdrawn is located, determine whether the petition meets the requirements of Sections
8234 [ 17B-2-603 ] 17B-1-504 and [ 17B-2-604 ] 17B-1-506 ; and
8235 (b) (i) if the petition complies with the requirements set forth in Sections [ 17B-2-603 ]
8236 17B-1-504 and [ 17B-2-604 ] 17B-1-506 , certify the petition and mail or deliver written
8237 notification of the certification to the contact sponsor; or
8238 (ii) if the petition fails to comply with any of the requirements set forth in Sections
8239 [ 17B-2-603 ] 17B-1-504 and [ 17B-2-604 ] 17B-1-506 , reject the petition as insufficient and mail
8240 or deliver written notification of the rejection and the reasons for the rejection to the contact
8241 sponsor.
8242 (2) (a) If the board rejects the petition under Subsection (1)(b)(ii), the petition may be

8243 amended to correct the deficiencies for which it was rejected and then refiled within 60 days
8244 after notice of the rejection.
8245 (b) A valid signature on a petition that was rejected under Subsection (1)(b)(ii) may be
8246 used toward fulfilling the applicable signature requirement for an amended petition refiled
8247 under Subsection (2)(a).
8248 (3) The board of trustees shall process an amended petition refiled under Subsection
8249 (2)(a) in the same manner as an original petition under Subsection (1). If an amended petition
8250 is rejected for failure to comply with the requirements of Sections [ 17B-2-603 ] 17B-1-504 and
8251 [ 17B-2-604 ] 17B-1-506 , the board of trustees shall issue a final rejection of the petition for
8252 insufficiency and mail or deliver written notice of the final rejection to the contact sponsor.
8253 (4) (a) A signer of a petition for which there has been a final rejection under Subsection
8254 (3) for insufficiency may seek judicial review of the board of trustees' final decision to reject
8255 the petition as insufficient.
8256 (b) Judicial review under Subsection (4)(a) shall be initiated by filing an action in state
8257 district court in the county in which a majority of the area proposed to be withdrawn is located.
8258 (c) The court in which an action is filed under this Subsection (4) may not overturn the
8259 board of trustees' decision to reject the petition unless the court finds that:
8260 (i) the board of trustees' decision was arbitrary or capricious; or
8261 (ii) the petition materially complies with the requirements set forth in Sections
8262 [ 17B-2-603 ] 17B-1-504 and [ 17B-2-604 ] 17B-1-506 .
8263 (d) The court may award costs and expenses of an action under this section, including
8264 reasonable [attorney's] attorney fees, to the prevailing party.
8265 Section 179. Section 17B-1-508 , which is renumbered from Section 17B-2-606 is
8266 renumbered and amended to read:
8267 [17B-2-606]. 17B-1-508. Public hearing -- Quorum of board required to
8268 be present.
8269 (1) A public hearing on the proposed withdrawal shall be held by the board of trustees
8270 of a local district that:
8271 (a) certifies a petition under Subsection [ 17B-2-605 ] 17B-1-507 (1)(b)(i) unless the
8272 petition was signed by all of the owners of private land within the area proposed to be
8273 withdrawn or all of the registered voters residing within the area proposed to be withdrawn; or

8274 (b) adopts a resolution under Subsection [ 17B-2-603 ] 17B-1-504 (1)(a)(iii).
8275 (2) The public hearing required by Subsection (1) for a petition certified by the board
8276 of trustees of a local district under Subsection [ 17B-2-605 ] 17B-1-507 (1)(b)(i), other than a
8277 petition filed in accordance with Subsection [ 17B-2-603 ] 17B-1-504 (1)(a)(iv), may be held as
8278 an agenda item of a meeting of the board of trustees of the local district without complying
8279 with the requirements of Subsection (3)(b), (3)(c), or Section [ 17B-2-607 ] 17B-1-509 .
8280 (3) Except as provided in Subsection (2), the public hearing required by Subsection (1)
8281 shall be held:
8282 (a) no later than 90 days after:
8283 (i) certification of the petition under Subsection [ 17B-2-605 ] 17B-1-507 (1)(b)(i); or
8284 (ii) adoption of a resolution under Subsection [ 17B-2-603 ] 17B-1-504 (1)(a)(iii);
8285 (b) (i) for a local district located entirely within a single county:
8286 (A) within or as close as practicable to the area proposed to be withdrawn; or
8287 (B) at the local district office; or
8288 (ii) for a local district located in more than one county:
8289 (A) (I) within the county in which the area proposed to be withdrawn is located; and
8290 (II) within or as close as practicable to the area proposed to be withdrawn; or
8291 (B) if the local district office is reasonably accessible to all residents within the area
8292 proposed to be annexed, at the local district office;
8293 (c) on a weekday evening other than a holiday beginning no earlier than 6:00 p.m.; and
8294 (d) for the purpose of allowing:
8295 (i) the public to ask questions and obtain further information about the proposed
8296 withdrawal and issues raised by it; and
8297 (ii) any interested person to address the board of trustees concerning the proposed
8298 withdrawal.
8299 (4) A quorum of the board of trustees of the local district shall be present throughout
8300 the public hearing provided for under this section.
8301 (5) A public hearing under this section may be postponed or continued to a new time,
8302 date, and place without further notice by a resolution of the board of trustees adopted at the
8303 public hearing held at the time, date, and place specified in the published notice; provided,
8304 however, that the public hearing may not be postponed or continued to a date later than 15 days

8305 after the 90-day period under Subsection (3).
8306 Section 180. Section 17B-1-509 , which is renumbered from Section 17B-2-607 is
8307 renumbered and amended to read:
8308 [17B-2-607]. 17B-1-509. Notice of hearing and withdrawal.
8309 (1) Unless it is held as an agenda item of a meeting of the board of trustees of a local
8310 district as allowed by Subsection [ 17B-2-606 ] 17B-1-508 (2), before holding a public hearing
8311 under Section [ 17B-2-606 ] 17B-1-508 , the board of trustees of the local district shall:
8312 (a) mail notice of the public hearing and of the proposed withdrawal to:
8313 (i) if the local district is funded predominantly by revenues from a property tax, each
8314 owner of private real property located within the area proposed to be withdrawn, as shown
8315 upon the county assessment roll last equalized as of the previous December 31;
8316 (ii) if the local district is funded by fees based upon an allotment of acre-feet of water,
8317 each owner of private real property with an allotment of water located within the area proposed
8318 to be withdrawn, as shown upon the district's records; or
8319 (iii) if the local district is not funded predominantly by revenues from a property tax or
8320 fees based upon an allotment of acre-feet of water, each registered voter residing within the
8321 area proposed to be withdrawn, as determined by the voter registration list maintained by the
8322 county clerk as of a date selected by the board of trustees that is at least 20 but not more than
8323 60 days before the public hearing; and
8324 (b) post notice of the public hearing and of the proposed withdrawal in at least four
8325 conspicuous places within the area proposed to be withdrawn, no less than five nor more than
8326 30 days before the public hearing.
8327 (2) Each notice required under Subsection (1) shall:
8328 (a) describe the area proposed to be withdrawn;
8329 (b) identify the local district in which the area proposed to be withdrawn is located;
8330 (c) state the date, time, and location of the public hearing;
8331 (d) state that the petition or resolution may be examined during specified times and at a
8332 specified place in the local district; and
8333 (e) state that any person interested in presenting comments or other information for or
8334 against the petition or resolution may:
8335 (i) prior to the hearing, submit relevant comments and other information in writing to

8336 the board of trustees at a specified address in the local district; or
8337 (ii) at the hearing, present relevant comments and other information in writing and may
8338 also present comments and information orally.
8339 Section 181. Section 17B-1-510 , which is renumbered from Section 17B-2-608 is
8340 renumbered and amended to read:
8341 [17B-2-608]. 17B-1-510. Resolution approving or rejecting withdrawal --
8342 Criteria for approval or rejection -- Terms and conditions.
8343 (1) (a) On or before the date of the board meeting next following the public hearing
8344 under Section [ 17B-2-606 ] 17B-1-508 , but in no case later than 90 days after the public hearing
8345 or, if no hearing is held, within 90 days after the filing of a petition under Section [ 17B-2-603 ]
8346 17B-1-504 , the board of trustees of the local district in which the area proposed to be
8347 withdrawn is located shall adopt a resolution:
8348 (i) approving the withdrawal of some or all of the area from the local district; or
8349 (ii) rejecting the withdrawal.
8350 (b) Each resolution approving a withdrawal shall:
8351 (i) include a legal description of the area proposed to be withdrawn;
8352 (ii) state the effective date of the withdrawal; and
8353 (iii) set forth the terms and conditions under Subsection (5), if any, of the withdrawal.
8354 (c) Each resolution rejecting a withdrawal shall include a detailed explanation of the
8355 board of trustees' reasons for the rejection.
8356 (2) Unless denial of the petition is required under Subsection (3), the board of trustees
8357 shall adopt a resolution approving the withdrawal of some or all of the area from the local
8358 district if the board of trustees determines that:
8359 (a) the area to be withdrawn does not and will not require the service that the local
8360 district provides;
8361 (b) the local district will not be able to provide service to the area to be withdrawn for
8362 the reasonably foreseeable future; or
8363 (c) the area to be withdrawn has obtained the same service that is provided by the local
8364 district or a commitment to provide the same service that is provided by the local district from
8365 another source.
8366 (3) The board of trustees shall adopt a resolution denying the withdrawal if it

8367 determines that the proposed withdrawal would:
8368 (a) result in a breach or default by the local district under:
8369 (i) any of its notes, bonds, or other debt or revenue obligations;
8370 (ii) any of its agreements with entities which have insured, guaranteed, or otherwise
8371 credit-enhanced any debt or revenue obligations of the local district; or
8372 (iii) any of its agreements with the United States or any agency of the United States;
8373 provided, however, that, if the local district has entered into an agreement with the United
8374 States that requires the consent of the United States for a withdrawal of territory from the
8375 district, a withdrawal under this part may occur if the written consent of the United States is
8376 obtained and filed with the board of trustees;
8377 (b) adversely affect the ability of the local district to make any payments or perform
8378 any other material obligations under:
8379 (i) any of its agreements with the United States or any agency of the United States;
8380 (ii) any of its notes, bonds, or other debt or revenue obligations; or
8381 (iii) any of its agreements with entities which have insured, guaranteed, or otherwise
8382 credit-enhanced any debt or revenue obligations of the local district;
8383 (c) result in the reduction or withdrawal of any rating on an outstanding note, bond, or
8384 other debt or revenue obligation of the local district;
8385 (d) create an island or peninsula of nondistrict territory within the local district or of
8386 district territory within nondistrict territory that has a material adverse affect on the local
8387 district's ability to provide service or materially increases the cost of providing service to the
8388 remainder of the local district;
8389 (e) materially impair the operations of the remaining local district; or
8390 (f) require the local district to materially increase the fees it charges or property taxes
8391 or other taxes it levies in order to provide to the remainder of the district the same level and
8392 quality of service that was provided before the withdrawal.
8393 (4) In determining whether the withdrawal would have any of the results described in
8394 Subsection (3), the board of trustees may consider the cumulative impact that multiple
8395 withdrawals over a specified period of time would have on the local district.
8396 (5) (a) Despite the presence of one or more of the conditions listed in Subsection (3),
8397 the board of trustees may approve a resolution withdrawing an area from the local district

8398 imposing terms or conditions that mitigate or eliminate the conditions listed in Subsection (3),
8399 including:
8400 (i) a requirement that the owners of property located within the area proposed to be
8401 withdrawn or residents within that area pay their proportionate share of any outstanding district
8402 bond or other obligation as determined pursuant to Subsection (5)(b);
8403 (ii) a requirement that the owners of property located within the area proposed to be
8404 withdrawn or residents within that area make one or more payments in lieu of taxes, fees, or
8405 assessments;
8406 (iii) a requirement that the board of trustees and the receiving entity agree to reasonable
8407 payment and other terms in accordance with Subsections (5)(f) through (g) regarding the
8408 transfer to the receiving entity of district assets that the district used before withdrawal to
8409 provide service to the withdrawn area but no longer needs because of the withdrawal; provided
8410 that, if those district assets are allocated in accordance with Subsections (5)(f) through (g), the
8411 district shall immediately transfer to the receiving entity on the effective date of the
8412 withdrawal, all title to and possession of district assets allocated to the receiving entity; or
8413 (iv) any other reasonable requirement considered to be necessary by the board of
8414 trustees.
8415 (b) Other than as provided for in Subsection [ 17B-2-609 ] 17B-1-511 (2), and except as
8416 provided in Subsection (5)(e), in determining the proportionate share of outstanding bonded
8417 indebtedness or other obligations under Subsection (5)(a)(i) and for purposes of determining
8418 the allocation and transfer of district assets under Subsection (5)(a)(iii), the board of trustees
8419 and the receiving entity, or in cases where there is no receiving entity, the board and the
8420 sponsors of the petition shall:
8421 (i) engage engineering and accounting consultants chosen by the procedure provided in
8422 Subsection (5)(d); provided however, that if the withdrawn area is not receiving service, an
8423 engineering consultant need not be engaged; and
8424 (ii) require the engineering and accounting consultants engaged under Subsection
8425 (5)(b)(i) to communicate in writing to the board of trustees and the receiving entity, or in cases
8426 where there is no receiving entity, the board and the sponsors of the petition the information
8427 required by Subsections (5)(f) through (h).
8428 (c) For purposes of this Subsection (5):

8429 (i) "accounting consultant" means a certified public accountant or a firm of certified
8430 public accountants with the expertise necessary to make the determinations required under
8431 Subsection (5)(h); and
8432 (ii) "engineering consultant" means a person or firm that has the expertise in the
8433 engineering aspects of the type of system by which the withdrawn area is receiving service that
8434 is necessary to make the determination required under Subsections (5)(f) and (g).
8435 (d) (i) Unless the board of trustees and the receiving entity, or in cases where there is
8436 no receiving entity, the board and the sponsors of the petition agree on an engineering
8437 consultant and an accounting consultant, each consultant shall be chosen from a list of
8438 consultants provided by the Consulting Engineers Council of Utah and the Utah Association of
8439 Certified Public Accountants, respectively, as provided in this Subsection (5)(d).
8440 (ii) A list under Subsection (5)(d)(i) may not include a consultant who has had a
8441 contract for services with the district or the receiving entity during the two-year period
8442 immediately before the list is provided to the local district.
8443 (iii) Within 20 days of receiving the lists described in Subsection (5)(d)(i), the board of
8444 trustees shall eliminate the name of one engineering consultant from the list of engineering
8445 consultants and the name of one accounting consultant from the list of accounting consultants
8446 and shall notify the receiving entity, or in cases where there is no receiving entity, the sponsors
8447 of the petition in writing of the eliminations.
8448 (iv) Within three days of receiving notification under Subsection (5)(d), the receiving
8449 entity, or in cases where there is no receiving entity, the sponsors of the petition shall eliminate
8450 another name of an engineering consultant from the list of engineering consultants and another
8451 name of an accounting consultant from the list of accounting consultants and shall notify the
8452 board of trustees in writing of the eliminations.
8453 (v) The board of trustees and the receiving entity, or in cases where there is no
8454 receiving entity, the board and the sponsors of the petition shall continue to alternate between
8455 them, each eliminating the name of one engineering consultant from the list of engineering
8456 consultants and the name of one accounting consultant from the list of accounting consultants
8457 and providing written notification of the eliminations within three days of receiving
8458 notification of the previous notification, until the name of only one engineering consultant
8459 remains on the list of engineering consultants and the name of only one accounting consultant

8460 remains on the list of accounting consultants.
8461 (e) The requirement under Subsection (5)(b) to engage engineering and accounting
8462 consultants does not apply if the board of trustees and the receiving entity, or in cases where
8463 there is no receiving entity, the board and the sponsors of the petition agree on the allocations
8464 that are the engineering consultant's responsibility under Subsection (5)(f) or the
8465 determinations that are the accounting consultant's responsibility under Subsection (5)(h);
8466 provided however, that if engineering and accounting consultants are engaged, the district and
8467 the receiving entity, or in cases where there is no receiving entity, the district and the sponsors
8468 of the petition shall equally share the cost of the engineering and accounting consultants.
8469 (f) (i) The engineering consultant shall allocate the district assets between the district
8470 and the receiving entity as provided in this Subsection (5)(f).
8471 (ii) The engineering consultant shall allocate:
8472 (A) to the district those assets reasonably needed by the district to provide to the area
8473 of the district remaining after withdrawal the kind, level, and quality of service that was
8474 provided before withdrawal; and
8475 (B) to the receiving entity those assets reasonably needed by the receiving entity to
8476 provide to the withdrawn area the kind and quality of service that was provided before
8477 withdrawal.
8478 (iii) If the engineering consultant determines that both the local district and the
8479 receiving entity reasonably need a district asset to provide to their respective areas the kind and
8480 quality of service provided before withdrawal, the engineering consultant shall:
8481 (A) allocate the asset between the local district and the receiving entity according to
8482 their relative needs, if the asset is reasonably susceptible of division; or
8483 (B) allocate the asset to the local district, if the asset is not reasonably susceptible of
8484 division.
8485 (g) All district assets remaining after application of Subsection (5)(f) shall be allocated
8486 to the local district.
8487 (h) (i) The accounting consultant shall determine the withdrawn area's proportionate
8488 share of any redemption premium and the principal of and interest on:
8489 (A) the local district's revenue bonds that were outstanding at the time the petition was
8490 filed;

8491 (B) the local district's general obligation bonds that were outstanding at the time the
8492 petition was filed; and
8493 (C) the local district's general obligation bonds that:
8494 (I) were outstanding at the time the petition was filed; and
8495 (II) are treated as revenue bonds under Subsection (5)(i); and
8496 (D) the district's bonds that were issued prior to the date the petition was filed to refund
8497 the district's revenue bonds, general obligation bonds, or general obligation bonds treated as
8498 revenue bonds.
8499 (ii) For purposes of Subsection (5)(h)(i), the withdrawn area's proportionate share of
8500 redemption premium, principal, and interest shall be the amount that bears the same
8501 relationship to the total redemption premium, principal, and interest for the entire district that
8502 the average annual gross revenues from the withdrawn area during the three most recent
8503 complete fiscal years before the filing of the petition bears to the average annual gross revenues
8504 from the entire district for the same period.
8505 (i) For purposes of Subsection (5)(h)(i), a district general obligation bond shall be
8506 treated as a revenue bond if:
8507 (i) the bond is outstanding on the date the petition was filed; and
8508 (ii) the principal of and interest on the bond, as of the date the petition was filed, had
8509 been paid entirely from local district revenues and not from a levy of ad valorem tax.
8510 (j) (i) Before the board of trustees of the local district files a resolution approving a
8511 withdrawal, the receiving entity, or in cases where there is no receiving entity, the sponsors of
8512 the petition shall irrevocably deposit government obligations, as defined in Subsection
8513 11-27-2 (6), into an escrow trust fund the principal of and interest on which are sufficient to
8514 provide for the timely payment of the amount determined by the accounting consultant under
8515 Subsection (5)(h) or in an amount mutually agreeable to the board of trustees of the local
8516 district and the receiving entity, or in cases where there is no receiving entity, the board and the
8517 sponsors of the petition. Notwithstanding Subsection [ 17B-2-610 ] 17B-1-512 (1), the board of
8518 trustees shall not be required to file a resolution approving a withdrawal until the requirements
8519 for establishing and funding an escrow trust fund in this Subsection (5)(j)(i) have been met;
8520 provided that, if the escrow trust fund has not been established and funded within 180 days
8521 after the board of trustees passes a resolution approving a withdrawal, the resolution approving

8522 the withdrawal shall be void.
8523 (ii) Concurrently with the creation of the escrow, the receiving entity, or in cases where
8524 there is no receiving entity, the sponsors of the petition shall provide to the board of trustees of
8525 the local district:
8526 (A) a written opinion of an attorney experienced in the tax-exempt status of municipal
8527 bonds stating that the establishment and use of the escrow to pay the proportionate share of the
8528 district's outstanding revenue bonds and general obligation bonds that are treated as revenue
8529 bonds will not adversely affect the tax-exempt status of the bonds; and
8530 (B) a written opinion of an independent certified public accountant verifying that the
8531 principal of and interest on the deposited government obligations are sufficient to provide for
8532 the payment of the withdrawn area's proportionate share of the bonds as provided in Subsection
8533 (5)(h).
8534 (iii) The receiving entity, or in cases where there is no receiving entity, the sponsors of
8535 the petition shall bear all expenses of the escrow and the redemption of the bonds.
8536 (iv) The receiving entity may issue bonds under Title 11, Chapter 14, Local
8537 Government Bonding Act, and Title 11, Chapter 27, Utah Refunding Bond Act, to fund the
8538 escrow.
8539 (6) A requirement imposed by the board of trustees as a condition to withdrawal under
8540 Subsection (5) shall, in addition to being expressed in the resolution, be reduced to a duly
8541 authorized and executed written agreement between the parties to the withdrawal.
8542 (7) An area that is the subject of a withdrawal petition under Section [ 17B-2-603 ]
8543 17B-1-504 that results in a board of trustees resolution denying the proposed withdrawal may
8544 not be the subject of another withdrawal petition under Section [ 17B-2-603 ] 17B-1-504 for two
8545 years after the date of the board of trustees resolution denying the withdrawal.
8546 Section 182. Section 17B-1-511 , which is renumbered from Section 17B-2-609 is
8547 renumbered and amended to read:
8548 [17B-2-609]. 17B-1-511. Continuation of tax levy after withdrawal to pay
8549 for proportionate share of district bonds.
8550 (1) Other than as provided in Subsection (2), and unless an escrow trust fund is
8551 established and funded pursuant to Subsection [ 17B-2-608 ] 17B-1-510 (5)(j), property within
8552 the withdrawn area shall continue after withdrawal to be subject to a tax by the local district:

8553 (a) for the purpose of paying the withdrawn area's just proportion of the local district's
8554 general obligation bonds, other than those bonds treated as revenue bonds under Subsection
8555 [ 17B-2-608 ] 17B-1-510 (5)(i), until the bonded indebtedness has been satisfied; and
8556 (b) to the extent and for the years necessary to generate sufficient revenue that, when
8557 combined with the revenues from the district remaining after withdrawal, is sufficient to
8558 provide for the payment of principal and interest on the district's general obligation bonds that
8559 are treated as revenue bonds under Subsection [ 17B-2-608 ] 17B-1-510 (5)(i).
8560 (2) For a local district funded predominately by revenues other than property taxes,
8561 service charges, or assessments based upon an allotment of acre-feet of water, taxes within the
8562 withdrawn area shall continue to be collected for purposes of paying the withdrawn area's
8563 proportionate share of bonded indebtedness or judgments against the local district incurred
8564 prior to the date the petition was filed.
8565 (3) Except as provided in Subsections (1) and (2), upon withdrawal, the withdrawing
8566 area is relieved of all other taxes, assessments, and charges levied by the district, including
8567 taxes and charges for the payment of revenue bonds and maintenance and operation cost of the
8568 local district.
8569 Section 183. Section 17B-1-512 , which is renumbered from Section 17B-2-610 is
8570 renumbered and amended to read:
8571 [17B-2-610]. 17B-1-512. Notice of withdrawal -- Contest period -- Judicial
8572 review.
8573 (1) (a) The board of trustees shall file a written notice of withdrawal with the lieutenant
8574 governor:
8575 (i) within ten days after adopting a resolution approving a withdrawal under Section
8576 [ 17B-2-608 ] 17B-1-510 ; and
8577 (ii) as soon as practicable after receiving a notice under Subsection 10-2-425 (2) of an
8578 automatic withdrawal under Subsection [ 17B-2-601 (2)] 17B-1-502 (2), after receiving a copy of
8579 the municipal legislative body's resolution approving an automatic withdrawal under
8580 Subsection [ 17B-2-601 (3)] 17B-1-502 (3)(a), or after receiving notice of a withdrawal of a
8581 municipality from a local district under Section [ 17B-2-603.5 ] 17B-2-505 .
8582 (b) The notice required under Subsection (1)(a) shall:
8583 (i) be accompanied by:

8584 (A) for a withdrawal pursuant to a resolution adopted under Section [ 17B-2-608 ]
8585 17B-1-510 , a copy of the board resolution approving the withdrawal; and
8586 (B) an accurate map depicting the boundaries of the withdrawn area or a legal
8587 description of the withdrawn area, adequate for purposes of the county assessor and recorder;
8588 and
8589 (ii) for a withdrawal pursuant to a resolution adopted under Section [ 17B-2-608 ]
8590 17B-1-510 , include a certification by the local district board that all requirements for the
8591 withdrawal have been complied with.
8592 (2) (a) Upon the lieutenant governor's issuance of the certificate of boundary change
8593 under Section 67-1a-6.5 for a withdrawal under Section [ 17B-2-608 ] 17B-1-510 , for an
8594 automatic withdrawal under Subsection [ 17B-2-601 (3)] 17B-1-502 (3), or for the withdrawal of
8595 a municipality from a local district under Section [ 17B-2-603.5 ] 17B-2-505 , the withdrawal
8596 shall be effective, subject to the conditions of the withdrawal resolution, if applicable.
8597 (b) An automatic withdrawal under Subsection [ 17B-2-601 (2)] 17B-1-502 (3) shall be
8598 effective upon the lieutenant governor's issuance of a certificate of boundary change under
8599 Section 67-1a-6.5 .
8600 (3) The local district may provide for the publication of any resolution approving or
8601 denying the withdrawal of an area in a newspaper of general circulation in the area proposed
8602 for withdrawal. In lieu of publishing the entire resolution, the local district may publish a
8603 notice of withdrawal or denial of withdrawal, containing:
8604 (a) the name of the local district;
8605 (b) a description of the area proposed for withdrawal;
8606 (c) a brief explanation of the grounds on which the board of trustees determined to
8607 approve or deny the withdrawal; and
8608 (d) the times and place where a copy of the resolution may be examined, which shall be
8609 at the place of business of the local district, identified in the notice, during regular business
8610 hours of the local district as described in the notice and for a period of at least 30 days after the
8611 publication of the notice.
8612 (4) Any sponsor of the petition or receiving entity may contest the board's decision to
8613 deny a withdrawal of an area from the local district by submitting a request, within 60 days
8614 after the resolution is adopted under Section [ 17B-2-608 ] 17B-1-510 , to the board of trustees,

8615 suggesting terms or conditions to mitigate or eliminate the conditions upon which the board of
8616 trustees based its decision to deny the withdrawal.
8617 (5) Within 60 days after the request under Subsection (4) is submitted to the board of
8618 trustees, the board may consider the suggestions for mitigation and adopt a resolution
8619 approving or denying the request in the same manner as provided in Section [ 17B-2-608 ]
8620 17B-1-510 with respect to the original resolution denying the withdrawal and file a notice of
8621 the action as provided in Subsection (1).
8622 (6) (a) Any person in interest may seek judicial review of:
8623 (i) the board of trustees' decision to withdraw an area from the local district;
8624 (ii) the terms and conditions of a withdrawal; or
8625 (iii) the board's decision to deny a withdrawal.
8626 (b) Judicial review under this Subsection (6) shall be initiated by filing an action in the
8627 district court in the county in which a majority of the area proposed to be withdrawn is located:
8628 (i) if the resolution approving or denying the withdrawal is published under Subsection
8629 (3), within 60 days after the publication or after the board of trustees' denial of the request
8630 under Subsection (5);
8631 (ii) if the resolution is not published pursuant to Subsection (3), within 60 days after
8632 the resolution approving or denying the withdrawal is adopted; or
8633 (iii) if a request is submitted to the board of trustees of a local district under Subsection
8634 (4), and the board adopts a resolution under Subsection (5), within 60 days after the board
8635 adopts a resolution under Subsection (5) unless the resolution is published under Subsection
8636 (3), in which event the action must be filed within 60 days after the publication.
8637 (c) A court in which an action is filed under this Subsection (6) may not overturn, in
8638 whole or in part, the board of trustees' decision to approve or reject the withdrawal unless:
8639 (i) the court finds the board of trustees' decision to be arbitrary or capricious; or
8640 (ii) the court finds that the board materially failed to follow the procedures set forth in
8641 this part.
8642 (d) A court may award costs and expenses of an action under this section, including
8643 reasonable [attorney's] attorney fees, to the prevailing party.
8644 (7) After the applicable contest period under Subsection (4) or (6), no person may
8645 contest the board of trustees' approval or denial of withdrawal for any cause.

8646 Section 184. Section 17B-1-513 , which is renumbered from Section 17B-2-611 is
8647 renumbered and amended to read:
8648 [17B-2-611]. 17B-1-513. Termination of terms of trustees representing
8649 withdrawn areas.
8650 (1) On the effective date of withdrawal of an area from a local district, any trustee
8651 residing in the withdrawn area shall cease to be a member of the board of trustees of the local
8652 district.
8653 (2) If the local district has been divided into divisions for the purpose of electing or
8654 appointing trustees and the area withdrawn from a district constitutes all or substantially all of
8655 the area in a division of the local district that is represented by a member of the board of
8656 trustees, on the effective date of the withdrawal, the trustee representing the division shall
8657 cease to be a member of the board of trustees of the local district.
8658 (3) In the event of a vacancy on the board of trustees as a result of an area being
8659 withdrawn from the local district:
8660 (a) the board of trustees shall reduce the number of trustees of the local district as
8661 provided by law; or
8662 (b) the trustee vacancy shall be filled as provided by law.
8663 Section 185. Section 17B-1-601 , which is renumbered from Section 17A-1-404 is
8664 renumbered and amended to read:
8665 Part 6. Fiscal Procedures for Local Districts
8666 [17A-1-404]. 17B-1-601. Definitions.
8667 As used in this part:
8668 (1) "Appropriation" means an allocation of money by the [governing body] board of
8669 trustees for a specific purpose.
8670 (2) "Budget" means a plan of financial operations for a fiscal year which embodies
8671 estimates of proposed expenditures for given purposes and the proposed means of financing
8672 them, and may refer to the budget of a particular fund for which a budget is required by law or
8673 it may refer collectively to the budgets for all such funds.
8674 (3) "Budget officer" means the person appointed by the [governing body of the] local
8675 district board of trustees to prepare the budget for the district.
8676 (4) "Budget year" means the fiscal year for which a budget is prepared.

8677 (5) "Calendar year entity" means a [special] local district whose fiscal year begins
8678 January 1 and ends December 31 of each calendar year as described in Section [ 17A-1-405 ]
8679 17B-1-602 .
8680 (6) "Current year" means the fiscal year in which a budget is prepared and adopted,
8681 which is the fiscal year next preceding the budget year.
8682 (7) "Deficit" has the meaning given under generally accepted accounting principles as
8683 reflected in the Uniform Accounting Manual for Local Districts.
8684 [(7)] (8) "Estimated revenue" means the amount of revenue estimated to be received
8685 from all sources during the budget year in each fund for which a budget is being prepared.
8686 [(8)] (9) "Financial officer" means the official under Section [ 17A-1-447 ] 17B-1-642 .
8687 [(9)] (10) "Fiscal year" means the annual period for accounting for fiscal operations in
8688 each district.
8689 [(10)] (11) "Fiscal year entity" means a local district whose fiscal year begins July 1 of
8690 each year and ends on June 30 of the following year as described in Section [ 17A-1-405 ]
8691 17B-1-602 .
8692 [(11)] (12) "Fund" has the meaning given under generally accepted accounting
8693 principles as reflected in the Uniform Accounting Manual for [Special] Local Districts.
8694 [(12)] (13) "Fund balance[,]" ["retained earnings," and "deficit" have] has the meaning
8695 given under generally accepted accounting principles as reflected in the Uniform Accounting
8696 Manual for [Special] Local Districts.
8697 [(13) "Governing body" means the governing board of trustees, board of directors, or
8698 other administrative body, whether appointed or elected, and having authority under the laws
8699 specifically governing the respective district.]
8700 (14) "Governmental funds" means the general fund, special revenue fund, debt service
8701 fund, and capital projects fund of a local district.
8702 (15) "Interfund loan" means a loan of cash from one fund to another, subject to future
8703 repayment. It does not constitute an expenditure or a use of retained earnings or fund balance
8704 of the lending fund or revenue to the borrowing fund.
8705 (16) "Last completed fiscal year" means the fiscal year next preceding the current fiscal
8706 year.
8707 (17) "Proprietary funds" means enterprise funds and the internal service funds of a

8708 local district.
8709 (18) "Public funds" means any money or payment collected or received by an officer or
8710 employee of [the] a local district acting in an official capacity and includes money or payment
8711 to the officer or employee for services or goods provided by the district, or the officer or
8712 employee while acting within the scope of employment or duty.
8713 [(19) "Special district" means any district formed under the laws of the state including,
8714 but not limited to:]
8715 [(a) cemetery maintenance districts;]
8716 [(b) municipal improvement districts;]
8717 [(c) special service districts and special service improvement districts;]
8718 [(d) county water and sewer improvement districts;]
8719 [(e) county improvement districts;]
8720 [(f) fire protection districts;]
8721 [(g) county service areas;]
8722 [(h) county planetariums;]
8723 [(i) county zoos;]
8724 [(j) mosquito abatement districts;]
8725 [(k) metropolitan water districts;]
8726 [(l) water conservancy districts;]
8727 [(m) irrigation districts;]
8728 [(n) drainage districts; and]
8729 [(o) all other political subdivisions of the state with the authority to tax or to expend
8730 public funds or which receive tax exempt status for bonding or taxing purposes, except
8731 counties, cities, towns, and school districts but does not include those specified under Section
8732 17A-1-403 .]
8733 (19) "Retained earnings" has the meaning given under generally accepted accounting
8734 principles as reflected in the Uniform Accounting Manual for Local Districts.
8735 (20) "Special fund" means any local district fund other than the [General Fund] local
8736 district's general fund.
8737 Section 186. Section 17B-1-602 , which is renumbered from Section 17A-1-405 is
8738 renumbered and amended to read:

8739 [17A-1-405]. 17B-1-602. Fiscal year.
8740 [All special districts shall adopt the budgeting and reporting fiscal year of the entity
8741 creating the district, with the exception of water conservancy districts created under Chapter 2,
8742 Part 14. Exceptions may be granted by the state auditor with the approval of the special
8743 district advisory committee when the operations of a district may be impaired by this
8744 requirement.] The fiscal year of each local district shall be, as determined by the board of
8745 trustees:
8746 (1) the calendar year; or
8747 (2) the period from July 1 to the following June 30.
8748 Section 187. Section 17B-1-603 , which is renumbered from Section 17A-1-406 is
8749 renumbered and amended to read:
8750 [17A-1-406]. 17B-1-603. Uniform accounting system.
8751 The accounting records of [districts] each local district shall be established and
8752 maintained, and financial statements prepared from those records, in conformance with
8753 generally accepted accounting principles promulgated from time to time by authoritative bodies
8754 in the United States. [The state auditor shall prescribe in the Uniform Accounting Manual for
8755 Special Districts a uniform system of accounting that conforms to generally accepted
8756 accounting principles. The state auditor shall maintain the manual so that it reflects generally
8757 accepted accounting principles.]
8758 Section 188. Section 17B-1-604 , which is renumbered from Section 17A-1-407 is
8759 renumbered and amended to read:
8760 [17A-1-407]. 17B-1-604. Funds and account groups maintained.
8761 Each district shall maintain, according to its own accounting needs, some or all of the
8762 funds and account groups in its system of accounts, as prescribed in the Uniform Accounting
8763 Manual for [Special] Local Districts.
8764 Section 189. Section 17B-1-605 , which is renumbered from Section 17A-1-408 is
8765 renumbered and amended to read:
8766 [17A-1-408]. 17B-1-605. Budget required for certain funds -- Capital
8767 projects fund.
8768 (1) The budget officer of each local district shall prepare for each budget year a budget
8769 for each of the following funds:

8770 (a) the general fund;
8771 (b) special revenue funds;
8772 (c) debt service funds;
8773 (d) capital projects funds;
8774 (e) proprietary funds, in accordance with Section [ 17A-1-432 ] 17B-1-629 ; and
8775 (f) any other fund or funds for which a budget is required by the uniform system of
8776 budgeting, accounting, and reporting.
8777 (2) (a) Major capital improvements financed by general obligation bonds, capital
8778 grants, or interfund transfers shall use a capital projects fund budget unless the improvements
8779 financed are to be used for proprietary type activities.
8780 (b) The local district shall prepare a separate budget for the term of the projects as well
8781 as the annual budget required under Subsection (1).
8782 Section 190. Section 17B-1-606 , which is renumbered from Section 17A-1-409 is
8783 renumbered and amended to read:
8784 [17A-1-409]. 17B-1-606. Total of revenues to equal expenditures.
8785 (1) The budget for each fund under Section [ 17A-1-408 ] 17B-1-605 shall provide a
8786 financial plan for the budget year.
8787 (2) Each budget shall specify in tabular form:
8788 (a) estimates of all anticipated revenues, classified by the account titles prescribed in
8789 the Uniform Accounting Manual for [Special] Local Districts; and
8790 (b) all appropriations for expenditures, classified by the account titles prescribed in the
8791 Uniform Accounting Manual for [Special] Local Districts.
8792 [(2)] (3) The total of the anticipated revenues shall equal the total of appropriated
8793 expenditures.
8794 Section 191. Section 17B-1-607 , which is renumbered from Section 17A-1-410 is
8795 renumbered and amended to read:
8796 [17A-1-410]. 17B-1-607. Tentative budget to be prepared -- Review by
8797 governing body.
8798 (1) On or before the first regularly scheduled meeting of the [governing body] board of
8799 trustees in November for a calendar year entity and May for a fiscal year entity, the budget
8800 officer of each local district shall prepare for the ensuing year, on forms provided by the state

8801 auditor, and file with the [governing body,] board of trustees a tentative budget for each fund
8802 for which a budget is required. [The]
8803 (2) (a) Each tentative budget [for the fund] under Subsection (1) shall provide in
8804 tabular form:
8805 [(a)] (i) actual revenues and expenditures for the last completed fiscal year;
8806 [(b)] (ii) estimated total revenues and expenditures for the current fiscal year; and
8807 [(c)] (iii) the budget officer's estimates of revenues and expenditures for the budget
8808 year.
8809 (b) The budget officer shall estimate the amount of revenue available to serve the needs
8810 of each fund, estimate the portion to be derived from all sources other than general property
8811 taxes, and estimate the portion that must be derived from general property taxes.
8812 [(2)] (3) The tentative budget, when filed by the budget officer with the [governing
8813 body] board of trustees, shall contain the estimates of expenditures together with specific work
8814 programs and any other supporting data required by this part or requested by the [governing
8815 body] board.
8816 [(3)] (4) The [tentative budget shall be reviewed, considered, and tentatively adopted
8817 by the governing body] board of trustees shall review, consider, and tentatively adopt the
8818 tentative budget in any regular meeting or special meeting called for that purpose and may [be
8819 amended or revised] amend or revise the tentative budget in any manner [which is considered]
8820 that the board considers advisable prior to public hearings, but no appropriation required for
8821 debt retirement and interest or reduction of any existing deficits under Section [ 17A-1-416 ]
8822 17B-1-613 , or otherwise required by law, may be reduced below the minimums so required.
8823 [(4)] (5) When a new district is created, the [governing body] board of trustees shall:
8824 (a) prepare a budget covering the period from the date of incorporation to the end of
8825 the fiscal year[. The governing body shall];
8826 (b) substantially comply with all other provisions of this part with respect to notices
8827 and hearings[,]; and
8828 (c) pass the budget [shall be passed upon] as soon after incorporation as feasible.
8829 Section 192. Section 17B-1-608 , which is renumbered from Section 17A-1-411 is
8830 renumbered and amended to read:
8831 [17A-1-411]. 17B-1-608. Tentative budget and data -- Public records.

8832 The tentative budget adopted by the [governing body] board of trustees and all
8833 supporting schedules and data are public records, and are available for public inspection for a
8834 period of at least seven days prior to the adoption of a final budget.
8835 Section 193. Section 17B-1-609 , which is renumbered from Section 17A-1-412 is
8836 renumbered and amended to read:
8837 [17A-1-412]. 17B-1-609. Hearing to consider adoption.
8838 (1) At the meeting at which the tentative budget is adopted, the [governing body] board
8839 of trustees shall:
8840 (a) establish the time and place of a public hearing to consider its adoption; and [shall]
8841 (b) order that notice of the hearing:
8842 (i) be published at least seven days prior to the hearing in at least one issue of a
8843 newspaper of general circulation published in the county or counties in which the district is
8844 located[. If]; or
8845 (ii) if no newspaper is published, [the notice required by this section may] be posted in
8846 three public places within the district.
8847 (2) If the budget hearing is held in conjunction with a tax increase hearing, the notice
8848 shall be published in accordance with Sections 59-2-918 and 59-2-919 .
8849 Section 194. Section 17B-1-610 , which is renumbered from Section 17A-1-413 is
8850 renumbered and amended to read:
8851 [17A-1-413]. 17B-1-610. Public hearing on tentatively adopted budget.
8852 At the time and place advertised, or at any time or any place to which the public hearing
8853 may be adjourned, the [governing body] board of trustees shall:
8854 (1) hold a public hearing on the budgets tentatively adopted[. All]; and
8855 (2) give all interested persons in attendance [shall be given] an opportunity to be heard
8856 on the estimates of revenues and expenditures or any item in the tentative budget of any fund.
8857 Section 195. Section 17B-1-611 , which is renumbered from Section 17A-1-414 is
8858 renumbered and amended to read:
8859 [17A-1-414]. 17B-1-611. Continuing authority of governing body.
8860 After the conclusion of the public hearing, the [governing body] board of trustees:
8861 (1) may:
8862 (a) continue to review the tentative budget [and may];

8863 (b) insert any new items[,]; or [may]
8864 (c) increase or decrease items of expenditure[,] that were the proper subject of
8865 consideration at the public hearing[, but there];
8866 (2) may [be no] not decrease [in] the amount appropriated for debt retirement and
8867 interest or reduction of any existing deficits, as provided by Section [17A-1-416 . It]
8868 17B-1-613 ; and
8869 (3) shall [also] increase or decrease the total anticipated revenue to equal the net
8870 change in proposed expenditures in the budget of each fund.
8871 Section 196. Section 17B-1-612 , which is renumbered from Section 17A-1-415 is
8872 renumbered and amended to read:
8873 [17A-1-415]. 17B-1-612. Accumulated fund balances -- Limitations --
8874 Excess balances -- Unanticipated excess of revenues -- Reserves for capital projects.
8875 (1) (a) [Districts are permitted to] A local district may accumulate retained earnings or
8876 fund balances, as appropriate, in any fund.
8877 (b) For the general fund only, [any] an accumulated fund balance [is restricted to the
8878 following purposes] may be used only:
8879 [(a)] (i) to provide working capital to finance expenditures from the beginning of the
8880 budget year until general property taxes or other applicable revenues are collected[, thus
8881 reducing the amount which the district must borrow during the period, but this Subsection does
8882 not permit the appropriation of any fund balance for budgeting purposes except as provided in
8883 Subsection (4)], subject to Subsection (1)(c);
8884 [(b)] (ii) to provide a resource to meet emergency expenditures under Section
8885 [ 17A-1-426 ] 17B-1-623 ; and
8886 [(c)] (iii) to cover a pending year-end excess of expenditures over revenues from an
8887 unavoidable shortfall in revenues[. This provision does not permit the appropriation of any],
8888 subject to Subsection (1)(d).
8889 (c) Subsection (1)(b)(i) may not be construed to authorize a local district to appropriate
8890 a fund balance for budgeting purposes, except as provided in Subsection (4).
8891 (d) Subsection (1)(b)(iii) may not be construed to authorize a local district to
8892 appropriate a fund balance to avoid an operating deficit during [any] a budget year except:
8893 (i) as provided under Subsection (4)[,]; or

8894 (ii) for emergency purposes under Section [ 17A-1-426 ] 17B-1-623 .
8895 (2) The accumulation of a fund balance in the general fund may not exceed the greater
8896 of:
8897 (a) 100% of the current year's property tax; or
8898 (b) (i) 25% of the total general fund revenues for [districts] a district with an annual
8899 general fund [budgets] budget greater than $100,000; or
8900 (ii) 50% of the total general fund revenues for [districts] a district with an annual
8901 general fund [budgets] budget equal to or less than $100,000.
8902 (3) If the fund balance at the close of any fiscal year exceeds the amount permitted
8903 under Subsection (2), the district shall appropriate the excess [shall be appropriated] in the
8904 manner provided in Section [ 17A-1-416 ] 17B-1-613 .
8905 (4) Any fund balance in excess of 5% of the total revenues of the general fund may be
8906 utilized for budget purposes.
8907 (5) (a) Within a capital projects fund the [governing body] board of trustees may, in
8908 any budget year, appropriate from estimated revenue or fund balance to a reserve for capital
8909 projects for the purpose of financing future specific capital projects, including new
8910 construction, capital repairs, replacement, and maintenance, under a formal long-range capital
8911 plan adopted by the [governing body] board of trustees.
8912 (b) [The reserves may] A local district may allow a reserve amount under Subsection
8913 (5)(a) to accumulate from year to year until the accumulated total is sufficient to permit
8914 economical expenditure for the specified purposes.
8915 (c) [Disbursements from these reserves shall be made] A local district may disburse
8916 from a reserve account under Subsection (5)(a) only by a budget appropriation adopted in the
8917 manner provided by this part.
8918 (d) Expenditures from the above appropriation budget accounts shall conform to all
8919 requirements of this part relating to execution and control of budgets.
8920 Section 197. Section 17B-1-613 , which is renumbered from Section 17A-1-416 is
8921 renumbered and amended to read:
8922 [17A-1-416]. 17B-1-613. Appropriations not to exceed estimated
8923 expendable revenue -- Determination of revenue -- Appropriations for existing deficits.
8924 (1) The [governing body of any] board of trustees of a local district may not make any

8925 appropriation in the final budget of any fund in excess of the estimated expendable revenue for
8926 the budget year of the fund.
8927 (2) In determining the estimated expendable revenue of the general fund for the budget
8928 year there is included as an appropriation from the fund balance that portion of the fund
8929 balance at the close of the last completed fiscal year, not previously included in the budget of
8930 the current year, that exceeds the amount permitted in Section [ 17A-1-415 ] 17B-1-612 .
8931 (3) (a) There is included as an item of appropriation in each fund for any budget year
8932 any existing deficit created in accordance with Section [ 17A-1-426 ] 17B-1-623 as of the close
8933 of the last completed fiscal year, not previously included in the budget of the current year, to
8934 the extent of at least 5% of the total revenue of the fund in its last completed fiscal year.
8935 (b) If the total amount of the deficit is less than 5% of the total revenue in the last
8936 completed fiscal year, the entire amount of the deficit shall be included.
8937 (c) The entire amount of any deficit which results from activities other than those
8938 described in Section [ 17A-1-426 ] 17B-1-623 shall be included as an item of appropriation in
8939 each fund for any budget year not previously included in the budget of the current year.
8940 Section 198. Section 17B-1-614 , which is renumbered from Section 17A-1-417 is
8941 renumbered and amended to read:
8942 [17A-1-417]. 17B-1-614. Adoption of final budget -- Certification and
8943 filing.
8944 (1) The [governing body] board of trustees of each local district shall by resolution
8945 adopt a budget for the ensuing fiscal year for each fund for which a budget is required under
8946 this part prior to the beginning of the fiscal year, except as provided in Sections 59-2-919
8947 through 59-2-923 . [A]
8948 (2) The local district's budget officer shall certify a copy of the final budget for each
8949 fund [shall be certified by the budget officer] and [filed] file it with the state auditor within 30
8950 days after adoption.
8951 Section 199. Section 17B-1-615 , which is renumbered from Section 17A-1-418 is
8952 renumbered and amended to read:
8953 [17A-1-418]. 17B-1-615. Budgets in effect for budget year.
8954 (1) Upon final adoption, [the budgets] each budget shall be in effect for the budget
8955 year, subject to [later] amendment as provided in this part.

8956 (2) A certified copy of the adopted budgets shall be filed in the district office and shall
8957 be available to the public during regular business hours.
8958 Section 200. Section 17B-1-616 , which is renumbered from Section 17A-1-419 is
8959 renumbered and amended to read:
8960 [17A-1-419]. 17B-1-616. Property tax levy -- Amount in budget as basis
8961 for determining.
8962 From the effective date of the budget or of any amendment enacted prior to the date on
8963 which property taxes are levied, the amount stated as the amount of estimated revenue from
8964 property taxes shall constitute the basis for determining the property tax levy to be set by the
8965 [governing body] board of trustees for the corresponding tax year, subject to the applicable
8966 limitations imposed by law.
8967 Section 201. Section 17B-1-617 , which is renumbered from Section 17A-1-420 is
8968 renumbered and amended to read:
8969 [17A-1-420]. 17B-1-617. Fund expenditures -- Budget officer's duties.
8970 (1) The budget officer of each local district shall require all expenditures within each
8971 fund to conform with the fund budget.
8972 (2) No appropriation may be encumbered and no expenditure may be made against any
8973 fund appropriation unless there is sufficient unencumbered balance in the fund's appropriation,
8974 except in cases of emergency as provided in Section [ 17A-1-426 ] 17B-1-623 .
8975 Section 202. Section 17B-1-618 , which is renumbered from Section 17A-1-421 is
8976 renumbered and amended to read:
8977 [17A-1-421]. 17B-1-618. Purchasing procedures.
8978 All purchases or encumbrances by a local district shall be made or incurred according to
8979 the purchasing procedures established by each district by resolution and only on an order or
8980 approval of the person or persons duly authorized.
8981 Section 203. Section 17B-1-619 , which is renumbered from Section 17A-1-422 is
8982 renumbered and amended to read:
8983 [17A-1-422]. 17B-1-619. Expenditures or encumbrances in excess of
8984 appropriations prohibited -- Processing claims.
8985 [Districts] (1) A local district may not make or incur expenditures or encumbrances in
8986 excess of total appropriations in the budget as adopted or as subsequently amended. [Any

8987 such]
8988 (2) An obligation contracted by any officer in excess of total appropriations in the
8989 budget is not enforceable against the district.
8990 (3) No check or warrant to cover [any] a claim against [any] an appropriation may be
8991 drawn until the claim has been processed as provided by this part.
8992 Section 204. Section 17B-1-620 , which is renumbered from Section 17A-1-423 is
8993 renumbered and amended to read:
8994 [17A-1-423]. 17B-1-620. Transfer of appropriation balance between
8995 accounts in same fund.
8996 (1) The [governing body] board of trustees of each local district shall establish policies
8997 for the transfer of any unencumbered or unexpended appropriation balance or portion of the
8998 balance from one account in a fund to another account within the same fund[, but no], subject
8999 to Subsection (2).
9000 (2) An appropriation for debt retirement and interest, reduction of deficit, or other
9001 appropriation required by law or covenant may not be reduced below the minimums required.
9002 Section 205. Section 17B-1-621 , which is renumbered from Section 17A-1-424 is
9003 renumbered and amended to read:
9004 [17A-1-424]. 17B-1-621. Review of individual governmental fund budgets
9005 -- Hearing.
9006 (1) The [governing] board of trustees of a local district body may, at any time during
9007 the budget year, review the individual budgets of the governmental funds for the purpose of
9008 determining if the total of any of them should be increased.
9009 (2) If the [governing body] board of trustees decides that the budget total of one or
9010 more of these funds should be increased, it shall follow the procedures established in Sections
9011 [ 17A-1-412 ] 17B-1-609 and [ 17A-1-413 ] 17B-1-610 for holding a public hearing.
9012 Section 206. Section 17B-1-622 , which is renumbered from Section 17A-1-425 is
9013 renumbered and amended to read:
9014 [17A-1-425]. 17B-1-622. Amendment and increase of individual fund
9015 budgets.
9016 (1) After [the conclusion of] holding the hearing referred to in Section 17B-1-621 , the
9017 [governing body] board of trustees may, by resolution, amend the budgets of the funds

9018 proposed to be increased, so as to make all or part of the increases, both estimated revenues and
9019 appropriations, which were the proper subject of consideration at the hearing. [Final
9020 amendments in]
9021 (2) The board of trustees may not adopt an amendment to the current year [to the]
9022 budgets of any of the funds established in Section [17A-1-408 shall be adopted by the
9023 governing body on or before] 17B-1-605 after the last day of the fiscal year.
9024 Section 207. Section 17B-1-623 is enacted to read:
9025 17B-1-623. Emergency expenditures.
9026 The board of trustees of a local district may, by resolution, amend a budget and
9027 authorize an expenditure of money that results in a deficit in the district's general fund balance
9028 if:
9029 (1) the board determines that:
9030 (a) an emergency exists; and
9031 (b) the expenditure is reasonably necessary to meet the emergency; and
9032 (2) the expenditure is used to meet the emergency.
9033 Section 208. Section 17B-1-624 , which is renumbered from Section 17A-1-427 is
9034 renumbered and amended to read:
9035 [17A-1-427]. 17B-1-624. Lapse of appropriations -- Exceptions.
9036 All unexpended or unencumbered appropriations, except capital projects fund
9037 appropriations, lapse at the end of the budget year to the respective fund balance.
9038 Section 209. Section 17B-1-625 , which is renumbered from Section 17A-1-428 is
9039 renumbered and amended to read:
9040 [17A-1-428]. 17B-1-625. Transfer of balances in special funds.
9041 If the necessity for maintaining any special fund of a district ceases to exist and a
9042 balance remains in the fund, the [governing body] board of trustees shall authorize the transfer
9043 of the balance to the fund balance in the general fund of the district, subject to the following:
9044 (1) Any balance remaining in a special [improvement] assessment fund and not
9045 required in its [special improvements] guaranty fund shall be treated in the manner provided in
9046 Sections [17A-3-332 and 17A-3-334 for municipal improvement districts created under Title
9047 17A, Chapter 3, Part 3, and Sections 17A-3-231 and 17A-3-232 for county improvement
9048 districts created under Title 17A, Chapter 3, Part 2] 11-42-413 and 11-42-701 .

9049 (2) Any balance remaining in a capital projects fund shall be transferred to the
9050 appropriate debt service fund or other fund as the bond covenants may require and otherwise to
9051 the fund balance account in the general fund.
9052 (3) If any balance held in a trust fund for a specific purpose, other than a cemetery
9053 perpetual care trust fund, is to be transferred because its original purpose or restriction has
9054 ceased to exist, a public hearing shall be held in the manner provided in Sections [ 17A-1-412 ]
9055 17B-1-609 and [ 17A-1-413 ] 17B-1-610 . The published notice shall invite those persons who
9056 contributed to the fund to appear at the hearing. If the [governing body] board of trustees
9057 determines the fund balance amounts are refundable to the original contributors, a 30-day
9058 period following the hearing shall be allowed for persons having an interest in the fund to file
9059 with the [governing body] board of trustees a verified claim only for the amount of each
9060 claimant's contributions. Any claim not so filed shall be barred. Any balance remaining, after
9061 refunds to eligible contributors, shall be transferred to the fund balance account in the general
9062 fund of the district.
9063 (4) If the [governing body] board of trustees decides, in conformity with applicable
9064 laws, that the need for continuing maintenance of its cemetery perpetual care trust fund no
9065 longer exists, it may transfer the balance in the fund to the capital projects fund for expenditure
9066 for land, buildings, and major improvements to be used exclusively for cemetery purposes.
9067 Section 210. Section 17B-1-626 , which is renumbered from Section 17A-1-429 is
9068 renumbered and amended to read:
9069 [17A-1-429]. 17B-1-626. Loans by one fund to another.
9070 Subject to restrictions imposed by bond covenants, statute, or other controlling
9071 regulations, the [governing body] board of trustees of a local district may authorize interfund
9072 loans from one fund to another at interest rates, repayment terms, and conditions prescribed by
9073 the [governing body] board of trustees.
9074 Section 211. Section 17B-1-627 , which is renumbered from Section 17A-1-430 is
9075 renumbered and amended to read:
9076 [17A-1-430]. 17B-1-627. Property tax levy -- Time for setting --
9077 Computation of total levy -- Apportionment of proceeds -- Maximum levy.
9078 (1) The [governing body] board of trustees of each local district authorized to levy a
9079 property tax, at a regular meeting or special meeting called for that purpose, shall, by

9080 resolution, set the real and personal property tax rate for various district purposes by the date
9081 set under Section 59-2-912 , but the rate may be set at an appropriate later date in accordance
9082 with Sections 59-2-918 through 59-2-923 .
9083 (2) In its computation of the total levy, the [governing body] board of trustees shall
9084 determine the requirements of each fund for which property taxes are to be levied and shall
9085 specify in its resolution adopting the tax rate the amount apportioned to each fund.
9086 (3) The proceeds of the levy apportioned for general fund purposes shall be credited as
9087 revenue in the general fund.
9088 (4) The proceeds of the levy apportioned for special fund purposes shall be credited to
9089 the appropriate accounts in the applicable special funds.
9090 (5) The combined levies for each district for all purposes in any year, excluding the
9091 retirement of general obligation bonds and the payment of any interest on the bonds, and any
9092 taxes expressly authorized by law to be levied in addition, may not exceed the limit enumerated
9093 by the laws governing each district.
9094 Section 212. Section 17B-1-628 , which is renumbered from Section 17A-1-431 is
9095 renumbered and amended to read:
9096 [17A-1-431]. 17B-1-628. Certification of resolution setting levy.
9097 The district clerk, as appointed under Section [ 17A-1-434 ] 17B-1-631 , shall certify the
9098 resolution setting the levy to the county auditor, or auditors if the district is located in more
9099 than one county, in accordance with Section 59-2-912 , or in the case of a tax rate increase in
9100 excess of the certified rate, in accordance with Section 59-2-920 .
9101 Section 213. Section 17B-1-629 , which is renumbered from Section 17A-1-432 is
9102 renumbered and amended to read:
9103 [17A-1-432]. 17B-1-629. Operating and capital budgets.
9104 (1) (a) [An] As used in this section, "operating and capital budget[,]" [for the purposes
9105 of this section,] means a plan of financial operation for a proprietary or other required special
9106 fund, embodying estimates of operating resources and expenses and other outlays for a fiscal
9107 year.
9108 (b) Except as otherwise expressly provided, the reference to "budget" or "budgets" and
9109 the procedures and controls relating to them in other sections of this part do not apply or refer
9110 to the "operating and capital budgets" provided for in this section.

9111 (2) On or before the time the [governing body] board of trustees adopts budgets for the
9112 governmental funds under Section [ 17A-1-408 ] 17B-1-605 , it shall adopt for the ensuing year
9113 an operating and capital budget for each proprietary fund and shall adopt the type of budget for
9114 other special funds which is required by the Uniform Accounting Manual for [Special] Local
9115 Districts.
9116 (3) Operating and capital budgets shall be adopted and administered in the following
9117 manner:
9118 (a) (i) On or before the first regularly scheduled meeting of the [governing body] board
9119 of trustees, in November for calendar year entities and May for fiscal year entities, the budget
9120 officer shall prepare for the ensuing fiscal year, and file with the [governing body] board of
9121 trustees, a tentative operating and capital budget for each proprietary fund and for other
9122 required special funds, together with specific work programs and any other supporting data
9123 required by the [governing body] board.
9124 (ii) If, within any proprietary fund, allocations or transfers that are not reasonable
9125 allocations of costs between funds are included in a tentative budget, a written notice of the
9126 date, time, place, and purpose of the hearing shall be mailed to utility fund customers at least
9127 seven days before the hearing.
9128 (iii) The purpose portion of the notice required under Subsection (3)(a)(ii) shall
9129 identify:
9130 (A) the enterprise utility fund from which money is being transferred;
9131 (B) the amount being transferred; and
9132 (C) the fund to which the money is being transferred.
9133 (b) (i) The board of trustees shall review and consider the tentative budgets [shall be
9134 reviewed and considered by the governing body] at any regular meeting or special meeting
9135 called for that purpose.
9136 (ii) The [governing body] board of trustees may make any changes [considered
9137 advisable] in the tentative budgets that it considers advisable.
9138 (c) Budgets for proprietary or other required special funds shall comply with the public
9139 hearing requirements established in Sections [ 17A-1-412 ] 17B-1-609 and [ 17A-1-413 ]
9140 17B-1-610 .
9141 (d) (i) The [governing body] board of trustees shall adopt an operating and capital

9142 budget for each proprietary fund for the ensuing fiscal year before the beginning of each fiscal
9143 year, except as provided in Sections 59-2-919 through 59-2-923 .
9144 (ii) A copy of the budget as finally adopted for each proprietary fund shall be certified
9145 by the budget officer and filed by the officer in the district office and shall be available to the
9146 public during regular business hours.
9147 (iii) A copy of the budget shall also be filed with the state auditor within 30 days after
9148 adoption.
9149 (e) (i) Upon final adoption, the operating and capital budget is in effect for the budget
9150 year, subject to later amendment.
9151 (ii) During the budget year, the [governing body] board of trustees may, in any regular
9152 meeting or special meeting called for that purpose, review any one or more of the operating and
9153 capital budgets for the purpose of determining if the total of any of them should be increased.
9154 (iii) If the [governing body] board of trustees decides that the budget total of one or
9155 more of these proprietary funds should be increased, the [governing body] board shall follow
9156 the procedures established in Section [ 17A-1-433 ] 17B-1-630 .
9157 (f) Expenditures from operating and capital budgets shall conform to the requirements
9158 relating to budgets specified in Sections [ 17A-1-420 ] 17B-1-617 through [ 17A-1-423 ]
9159 17B-1-620 .
9160 Section 214. Section 17B-1-630 , which is renumbered from Section 17A-1-433 is
9161 renumbered and amended to read:
9162 [17A-1-433]. 17B-1-630. Increase in appropriations for operating and
9163 capital budget funds -- Notice.
9164 The total budget appropriation of any fund described in Section [ 17A-1-432 ] 17B-1-629
9165 may be increased by resolution of the [governing body] board of trustees at any regular
9166 meeting, or special meeting called for that purpose, if written notice of the time, place, and
9167 purpose of the meeting has been mailed or delivered to all members of the [governing body]
9168 board of trustees at least five days prior to the meeting. The notice may be waived in writing or
9169 orally during attendance at the meeting by any member of the [governing body] board of
9170 trustees.
9171 Section 215. Section 17B-1-631 , which is renumbered from Section 17A-1-434 is
9172 renumbered and amended to read:

9173 [17A-1-434]. 17B-1-631. District clerk -- Meetings and records.
9174 (1) The [governing body] board of trustees of [the] each local district shall appoint a
9175 district clerk. [Where]
9176 (2) If required, the clerk may be chosen from among the members of the [governing]
9177 board of trustees, except the [chairman of the board] chair.
9178 (3) The district clerk or other appointed person shall attend the meetings and keep a
9179 record of the proceedings of [the governing body] board of trustees.
9180 Section 216. Section 17B-1-632 , which is renumbered from Section 17A-1-436 is
9181 renumbered and amended to read:
9182 [17A-1-436]. 17B-1-632. District clerk -- Bookkeeping duties.
9183 The district clerk or other designated person not performing treasurer duties shall
9184 maintain the financial records for each fund of the local district and all related subsidiary
9185 records, including a list of the outstanding bonds, their purpose, amount, terms, date, and place
9186 payable.
9187 Section 217. Section 17B-1-633 , which is renumbered from Section 17A-1-437 is
9188 renumbered and amended to read:
9189 [17A-1-437]. 17B-1-633. District treasurer -- Duties generally.
9190 (1) (a) The [governing body] board of trustees of [the] each local district shall appoint
9191 a district treasurer.
9192 (b) (i) [Where] If required, the treasurer may be chosen from among the members of
9193 the [governing] board of trustees, except that the [chairman of the] board chair may not be
9194 district treasurer.
9195 (ii) The district clerk may not also be the district treasurer.
9196 (2) The district treasurer is custodian of all money, bonds, or other securities of the
9197 district.
9198 (3) The district treasurer shall:
9199 (a) determine the cash requirements of the district and provide for the deposit and
9200 investment of all monies by following the procedures and requirements of Title 51, Chapter 7,
9201 State Money Management Act;
9202 (b) receive all public funds and money payable to the district within three business days
9203 after collection, including all taxes, licenses, fines, and intergovernmental revenue;

9204 (c) keep an accurate detailed account of all monies received under Subsection (3)(b) in
9205 the manner provided in this part and as directed by the [governing body of the district] district's
9206 board of trustees by resolution; and
9207 (d) collect all special taxes and assessments as provided by law and ordinance.
9208 Section 218. Section 17B-1-634 , which is renumbered from Section 17A-1-438 is
9209 renumbered and amended to read:
9210 [17A-1-438]. 17B-1-634. Receipts for payment.
9211 The district treasurer shall give or cause to be given to every person paying money to
9212 the district treasury, a receipt or other evidence of payment, specifying, as appropriate, the date
9213 of payment and upon which account paid and shall file the duplicate of the receipt.
9214 Section 219. Section 17B-1-635 , which is renumbered from Section 17A-1-439 is
9215 renumbered and amended to read:
9216 [17A-1-439]. 17B-1-635. Duties with respect to issuance of checks.
9217 (1) The district clerk or other designated person not performing treasurer duties shall
9218 prepare the necessary checks after having determined that:
9219 (a) the claim was authorized by:
9220 (i) the [governing body] board of trustees; or
9221 (ii) the [special] local district financial officer, if the financial officer is not the clerk, in
9222 accordance with Section [ 17A-1-447 ] 17B-1-642 ;
9223 (b) the claim does not overexpend the appropriate departmental budget established by
9224 the [governing body] board of trustees; and
9225 (c) the expenditure was approved in advance by the [governing body] board of trustees
9226 or its designee.
9227 (2) (a) (i) The treasurer or any other person appointed by the [governing body] board of
9228 trustees shall sign all checks.
9229 (ii) The person maintaining the financial records may not sign any single signature
9230 check.
9231 (b) In [special districts] a local district with an expenditure budget of less than $50,000
9232 per year, a member of the [governing body] board of trustees shall also sign all checks.
9233 (c) Before affixing a signature, the treasurer or other designated person shall determine
9234 that a sufficient amount is on deposit in the appropriate bank account of the district to honor

9235 the check.
9236 Section 220. Section 17B-1-636 , which is renumbered from Section 17A-1-440 is
9237 renumbered and amended to read:
9238 [17A-1-440]. 17B-1-636. Special assessments -- Application of proceeds.
9239 All money received by the treasurer on any special assessment shall be applied to the
9240 payment of the improvement for which the assessment was made. The money shall be used for
9241 the payment of interest and principal on bonds or other indebtedness issued in settlement, and
9242 may not be used for any other purpose except as provided in Section [ 17A-1-428 ] 17B-1-625 .
9243 Section 221. Section 17B-1-637 , which is renumbered from Section 17A-1-441 is
9244 renumbered and amended to read:
9245 [17A-1-441]. 17B-1-637. Deposit of district funds -- Commingling with
9246 personal funds unlawful -- Suspension from office.
9247 The treasurer shall promptly deposit all district funds in the appropriate bank accounts
9248 of the district. It shall be unlawful for any person to commingle district funds with the person's
9249 own money. If it appears that the treasurer or any other officer is making a profit out of public
9250 money, or is using the same for any purpose not authorized by law, the treasurer or officer shall
9251 be suspended from office.
9252 Section 222. Section 17B-1-638 , which is renumbered from Section 17A-1-442 is
9253 renumbered and amended to read:
9254 [17A-1-442]. 17B-1-638. Quarterly financial reports required.
9255 The district clerk or other delegated person shall prepare and present to the [governing
9256 body] board of trustees detailed quarterly financial reports showing the financial position and
9257 operations of the district for that quarter and the year to date status.
9258 Section 223. Section 17B-1-639 , which is renumbered from Section 17A-1-443 is
9259 renumbered and amended to read:
9260 [17A-1-443]. 17B-1-639. Annual financial reports -- Independent audit
9261 reports.
9262 (1) (a) Within 180 days after the close of each fiscal year, the district shall prepare an
9263 annual financial report in conformity with generally accepted accounting principles as
9264 prescribed in the Uniform Accounting Manual for [Special] Local Districts.
9265 (b) Each annual financial report shall identify impact fee funds by the year in which

9266 they were received, the project from which the funds were collected, the capital projects for
9267 which the funds are budgeted, and the projected schedule for expenditure.
9268 (2) The requirement under Subsection (1)(a) to prepare an annual financial report may
9269 be satisfied by presentation of the audit report furnished by the independent auditor.
9270 (3) Copies of the annual financial report or the audit report furnished by the
9271 independent auditor shall be filed with the state auditor and shall be filed as a public document
9272 in the district office.
9273 Section 224. Section 17B-1-640 , which is renumbered from Section 17A-1-444 is
9274 renumbered and amended to read:
9275 [17A-1-444]. 17B-1-640. Independent audits required.
9276 (1) Independent audits of all local districts are required to be performed in conformity
9277 with Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal
9278 Organizations, and Other Local Entities Act.
9279 (2) The [governing body] board of trustees shall appoint an independent auditor for the
9280 purpose of complying with the requirements of this section and with Title 51, Chapter 2a,
9281 Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
9282 Entities Act.
9283 Section 225. Section 17B-1-641 , which is renumbered from Section 17A-1-445 is
9284 renumbered and amended to read:
9285 [17A-1-445]. 17B-1-641. Duties of state auditor and advisory committee --
9286 Adoption and expansion of uniform system.
9287 [(1) The state auditor, with the assistance, advice, and recommendations of a special
9288 district advisory committee appointed by the state auditor from among special district
9289 governing boards and officers, shall:]
9290 [(a) prescribe uniform accounting and reporting procedures for districts in conformity
9291 with generally accepted accounting principles;]
9292 [(b) conduct a continuing review and modification of procedures in order to improve
9293 them;]
9294 [(c) prepare and supply each district with suitable budget and reporting forms; and]
9295 [(d) prepare instructional materials, conduct training programs, and render other
9296 services considered necessary to assist districts in implementing the uniform accounting,

9297 budgeting, and reporting procedures.]
9298 [(2) The Uniform Accounting Manual for Special Districts shall prescribe reasonable
9299 exceptions and modifications for smaller districts to the uniform system of accounting,
9300 budgeting, and reporting.]
9301 [(3) Districts] (1) Subject to Subsection (2), a local district may expand the uniform
9302 accounting, budgeting, and reporting procedure prescribed in the Uniform Accounting Manual
9303 for Local Districts prepared by the state auditor under Subsection 67-3-1 (13), to better serve
9304 [their] the needs[; but no deviations from or alterations to] of the district.
9305 (2) A local district may not deviate from or alter the basic prescribed classification
9306 systems for the identity of funds and accounts [may be made] set forth in the Uniform
9307 Accounting Manual for Local Districts.
9308 Section 226. Section 17B-1-642 , which is renumbered from Section 17A-1-447 is
9309 renumbered and amended to read:
9310 [17A-1-447]. 17B-1-642. Approval of district expenditures.
9311 (1) The [district governing] board of trustees of each local district shall approve all
9312 expenditures of the district except as otherwise provided in this section.
9313 (2) The [governing body] board of trustees may authorize the district manager or other
9314 official approved by the [governing body] board to act as the financial officer for the purpose
9315 of approving:
9316 (a) payroll checks, if the checks are prepared in accordance with a schedule approved
9317 by the [governing body] board; and
9318 (b) routine expenditures, such as utility bills, payroll-related expenses, supplies, and
9319 materials.
9320 (3) Notwithstanding Subsection (2), the [governing body] board of trustees shall, at
9321 least quarterly, review all expenditures authorized by the financial officer.
9322 (4) The [governing body] board of trustees shall set a maximum sum over which all
9323 purchases may not be made without the board's approval [of the governing body].
9324 Section 227. Section 17B-1-643 , which is renumbered from Section 17A-1-448 is
9325 renumbered and amended to read:
9326 [17A-1-448]. 17B-1-643. Imposing or increasing a fee for service provided
9327 by local district.

9328 (1) (a) Before imposing a new fee or increasing an existing fee for a service provided
9329 by a [special] local district, each [special] local district board of trustees shall first hold a public
9330 hearing at which any interested person may speak for or against the proposal to impose a fee or
9331 to increase an existing fee.
9332 (b) Each public hearing under Subsection (1)(a) shall be held in the evening beginning
9333 no earlier than [6:00] 6 p.m.
9334 (c) A public hearing required under this Subsection (1) may be combined with a public
9335 hearing on a tentative budget required under Section 17B-1-610 .
9336 [(c)] (d) Except to the extent that this section imposes more stringent notice
9337 requirements, the [special] local district board shall comply with Title 52, Chapter 4, Open and
9338 Public Meetings Act, in holding the public hearing under Subsection (1)(a).
9339 (2) (a) Each [special] local district board shall give notice of a hearing under
9340 Subsection (1) as provided in Subsection (2)(b) or (c).
9341 (b) (i) The notice required under Subsection (2)(a) shall be published in a newspaper or
9342 combination of newspapers of general circulation in the [special] local district, if there is a
9343 newspaper or combination of newspapers of general circulation in the [special] local district.
9344 (ii) The notice shall be no less than 1/4 page in size and the type used shall be no
9345 smaller than 18 point, and surrounded by a 1/4-inch border.
9346 (iii) The notice may not be placed in that portion of the newspaper where legal notices
9347 and classified advertisements appear.
9348 (iv) It is legislative intent that, whenever possible, the advertisement appear in a
9349 newspaper that is published at least one day per week.
9350 (v) It is further the intent of the Legislature that the newspaper or combination of
9351 newspapers selected be of general interest and readership in the [special] local district, and not
9352 of limited subject matter.
9353 (vi) The notice shall be run once each week for the two weeks preceding the hearing.
9354 (vii) The notice shall state that the [special] local district board intends to impose or
9355 increase a fee for a service provided by the [special] local district and will hold a public hearing
9356 on a certain day, time, and place fixed in the notice, which shall be not less than seven days
9357 after the day the first notice is published, for the purpose of hearing comments regarding the
9358 proposed imposition or increase of a fee and to explain the reasons for the proposed imposition

9359 or increase.
9360 (c) (i) If there is no newspaper or combination of newspapers of general circulation in
9361 the [special] local district, the [special] local district board shall post at least one notice per
9362 1,000 population within the [special] local district, at places within the [special] local district
9363 that are most likely to provide actual notice to residents within the [special] local district.
9364 (ii) Each notice under Subsection (2)(c)(i) shall comply with Subsection (2)(b)(vii).
9365 (d) If the hearing required under this section is combined with the budget hearing
9366 required under Section 17B-1-610 , a notice required under this Subsection (2) may be
9367 combined with the notice required under Section 17B-1-609 for the budget hearing.
9368 [(d)] (e) Proof that notice was given as provided in Subsection (2)(b) or (c) is prima
9369 facie evidence that notice was properly given.
9370 [(e)] (f) If no challenge is made to the notice given of a hearing required by Subsection
9371 (1) within 30 days after the date of the hearing, the notice is considered adequate and proper.
9372 (3) After holding a public hearing under Subsection (1), a [special] local district board
9373 may:
9374 (a) impose the new fee or increase the existing fee as proposed;
9375 (b) adjust the amount of the proposed new fee or the increase of the existing fee and
9376 then impose the new fee or increase the existing fee as adjusted; or
9377 (c) decline to impose the new fee or increase the existing fee.
9378 (4) This section applies to each new fee imposed and each increase of an existing fee
9379 that occurs on or after July 1, 1998.
9380 Section 228. Section 17B-1-644 , which is renumbered from Section 17A-2-105 is
9381 renumbered and amended to read:
9382 [17A-2-105]. 17B-1-644. Definitions -- Electronic payments -- Fee.
9383 (1) As used in this section:
9384 (a) "Electronic payment" means the payment of money to [an independent special] a
9385 local district by electronic means, including by means of a credit card, charge card, debit card,
9386 prepaid or stored value card or similar device, or automatic clearinghouse transaction.
9387 (b) "Electronic payment fee" means an amount of money to defray the discount fee,
9388 processing fee, or other fee charged by a credit card company or processing agent to process an
9389 electronic payment.

9390 (c) "Processing agent" means a bank, transaction clearinghouse, or other third party
9391 that charges a fee to process an electronic payment.
9392 (2) [An independent special] A local district may accept an electronic payment for the
9393 payment of funds which the [independent special] local district could have received through
9394 another payment method.
9395 (3) [An independent special] A local district that accepts an electronic payment may
9396 charge an electronic payment fee.
9397 Section 229. Section 17B-1-701 , which is renumbered from Section 17A-1-501 is
9398 renumbered and amended to read:
9399 Part 7. Local District Budgets and Audit Reports
9400 [17A-1-501]. 17B-1-701. Definitions.
9401 As used in this part:
9402 (1) "Audit reports" means the reports of any independent audit of the district performed
9403 by:
9404 (a) an independent auditor as required by Title 51, Chapter 2a, Accounting Reports
9405 from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act;
9406 (b) the state auditor; or
9407 (c) the legislative auditor.
9408 (2) "Board" means the [governing body of any special] local district board of trustees.
9409 (3) "Budget" means a plan of financial operations for a fiscal year that includes:
9410 (a) estimates of proposed expenditures for given purposes and the proposed means of
9411 financing them;
9412 (b) the source and amount of estimated revenue for the district for the fiscal year;
9413 (c) fund balance in each fund at the beginning of the fiscal year and the projected fund
9414 balance for each fund at the end of the fiscal year; and
9415 (d) capital projects or budgets for proposed construction or improvement to capital
9416 facilities within the district.
9417 (4) "Constituent entity" means any county, city, or town that levies property taxes
9418 within the boundaries of the district.
9419 (5) (a) "Customer agencies" means those governmental entities, except school districts,
9420 institutions of higher education, and federal government agencies that purchase or obtain

9421 services from the [special] local district.
9422 (b) "Customer agencies" for purposes of state agencies means the state auditor.
9423 [(6) "Independent special district" means any special district established under
9424 authority of Title 17A, Chapter 2.]
9425 Section 230. Section 17B-1-702 , which is renumbered from Section 17A-1-502 is
9426 renumbered and amended to read:
9427 [17A-1-502]. 17B-1-702. Local districts to submit budgets.
9428 (1) (a) Except as provided in Subsection (1)(b), within 30 days after it is approved by
9429 the board, and at least 30 days before the board adopts a final budget, the board of each
9430 [independent special] local district with an annual budget of $50,000 or more shall send a copy
9431 of its tentative budget and notice of the time and place for its budget hearing to:
9432 (i) each of its constituent entities that has in writing requested a copy; and
9433 (ii) to each of its customer agencies that has in writing requested a copy.
9434 (b) Within 30 days after it is approved by the board, and at least 30 days before the
9435 board adopts a final budget, the board of trustees of a public transit district serving a population
9436 of more than 200,000 people shall send a copy of its tentative budget and notice of the time and
9437 place for its budget hearing to:
9438 (i) each of its constituent entities; [and]
9439 (ii) [to] each of its customer agencies that has in writing requested a copy[.];
9440 (iii) the governor; and
9441 (iv) the Legislature.
9442 (c) The [special] local district shall include with the tentative budget a signature sheet
9443 that includes:
9444 (i) language that the constituent entity or customer agency received the tentative budget
9445 and has no objection to it; and
9446 (ii) a place for the chairperson or other designee of the constituent entity or customer
9447 agency to sign.
9448 (2) Each constituent entity and each customer agency that receives the tentative budget
9449 shall review the tentative budget submitted by the district and either:
9450 (a) sign the signature sheet and return it to the district; or
9451 (b) attend the budget hearing or other meeting scheduled by the district to discuss the

9452 objections to the proposed budget.
9453 (3) (a) If any constituent entity or customer agency that received the tentative budget
9454 has not returned the signature sheet to the [special] local district within 15 calendar days after
9455 the tentative budget was mailed, the [special] local district shall send a written notice of the
9456 budget hearing to each constituent entity or customer agency that did not return a signature
9457 sheet and invite them to attend that hearing.
9458 (b) If requested to do so by any constituent entity or customer agency, the [special]
9459 local district shall schedule a meeting to discuss the budget with the constituent entities and
9460 customer agencies.
9461 (c) At the budget hearing, the [special] local district board shall:
9462 (i) explain its budget and answer any questions about it;
9463 (ii) specifically address any questions or objections raised by the constituent entity,
9464 customer agency, or those attending the meeting; and
9465 (iii) seek to resolve the objections.
9466 (4) Nothing in this part prevents [any special] a local district board from approving or
9467 implementing a budget over any or all constituent entity's or customer agency's protests,
9468 objections, or failure to respond.
9469 Section 231. Section 17B-1-703 , which is renumbered from Section 17A-1-503 is
9470 renumbered and amended to read:
9471 [17A-1-503]. 17B-1-703. Local districts to submit audit reports.
9472 (1) (a) Except as provided in Subsection (1)(b), within 30 days after it is presented to
9473 the board, the board of each [independent special] local district with an annual budget of
9474 $50,000 or more shall send a copy of any audit report to:
9475 (i) each of its constituent entities that has in writing requested a copy; and
9476 (ii) each of its customer agencies that has in writing requested a copy.
9477 (b) Within 30 days after it is presented to the board, the board of a public transit district
9478 serving a population of more than 200,000 people shall send a copy of its annual audit report
9479 to:
9480 (i) each of its constituent entities; and
9481 (ii) each of its customer agencies that has in writing requested a copy.
9482 (2) Each constituent entity and each customer agency that received the audit report

9483 shall review the audit report submitted by the district and, if necessary, request a meeting with
9484 the [independent special] district board to discuss the audit report.
9485 (3) At the meeting, the [special] local district board shall:
9486 (a) answer any questions about the audit report; and
9487 (b) discuss their plans to implement suggestions made by the auditor.
9488 Section 232. Section 17B-1-801 , which is renumbered from Section 17A-1-601 is
9489 renumbered and amended to read:
9490 Part 8. Local District Personnel Management
9491 [17A-1-601]. 17B-1-801. Establishment of local district merit system.
9492 [(1) This part is known as the "Special District Personnel Management Act."]
9493 [(2)] (1) A merit system of personnel administration for the [special] local districts of
9494 the state [of Utah], their departments, offices, and agencies, except as otherwise specifically
9495 provided, is established.
9496 [(3)] (2) This part does not apply to [special districts] a local district with annual
9497 revenues less than $50,000.
9498 Section 233. Section 17B-1-802 , which is renumbered from Section 17A-1-602 is
9499 renumbered and amended to read:
9500 [17A-1-602]. 17B-1-802. Review of personnel policies.
9501 Each [independent and each dependent special] local district established under the
9502 authority of this title [which] that has full or part-time employees shall annually review its
9503 personnel policies to ensure that they conform to the requirements of state and federal law.
9504 Section 234. Section 17B-1-803 , which is renumbered from Section 17A-1-603 is
9505 renumbered and amended to read:
9506 [17A-1-603]. 17B-1-803. Merit principles.
9507 [It is the policy of this state that each special] A local district may establish a personnel
9508 system administered in a manner that will provide for the effective implementation of [the
9509 following] merit principles that provide for:
9510 (1) [Recruiting] recruiting, selecting, and advancing employees on the basis of their
9511 relative ability, knowledge, and skills, including open consideration of qualified applicants for
9512 initial appointment[.];
9513 (2) [Provision of] providing equitable and adequate compensation[.];

9514 (3) [Training of] training employees as needed to assure high-quality performance[.];
9515 (4) [Retention of] retaining employees on the basis of the adequacy of their
9516 performance, and separation of employees whose inadequate performance cannot be
9517 corrected[.];
9518 (5) [Fair] fair treatment of applicants and employees in all aspects of personnel
9519 administration without regard to race, color, religion, sex, national origin, political affiliation,
9520 age, or disability, and with proper regard for their privacy and constitutional rights as
9521 citizens[.];
9522 (6) [Provision of] providing information to employees regarding their political rights
9523 and prohibited practices under the Hatch Political Activities Act, 5 U.S.C. Sec. 1501 through
9524 1508 et seq.; and
9525 (7) [Provision of] providing a formal procedure for processing the appeals and
9526 grievances of employees without discrimination, coercion, restraint, or reprisal.
9527 Section 235. Section 17B-1-804 , which is renumbered from Section 17A-1-604 is
9528 renumbered and amended to read:
9529 [17A-1-604]. 17B-1-804. Compliance with Labor Code requirements.
9530 Each [special] local district shall comply with the requirements of Section 34-32-1.1 .
9531 Section 236. Section 17B-1-901 is enacted to read:
9532 Part 9. Collection of Service Fees and Changes
9533 17B-1-901. A single bill for multiple commodities, services, or facilities --
9534 Suspending service to a delinquent customer.
9535 (1) If a local district provides more than one commodity, service, or facility, the district
9536 may bill for the fees and charges for all commodities, services, and facilities in a single bill.
9537 (2) A local district may suspend furnishing a commodity, service, or facility to a
9538 customer if the customer fails to pay all fees and charges when due.
9539 Section 237. Section 17B-1-902 , which is renumbered from Section 17B-2-803 is
9540 renumbered and amended to read:
9541 [17B-2-803]. 17B-1-902. Lien for past due service fees -- Limitations.
9542 (1) (a) A local district may certify, to the treasurer of the county in which the
9543 customer's property is located, past due [service] fees and [other amounts] charges for [which
9544 the customer is liable under this chapter to the treasurer or assessor of the county in which]

9545 commodities, services, or facilities that the district has provided to the customer's property [is
9546 located].
9547 (b) Subject to Subsection (2), the past due [service] fees and [other amounts for which
9548 the customer is liable under this chapter] charges, including applicable interest and penalties
9549 under Section 59-2-1331 , upon their certification under Subsection (1)(a), become a lien on the
9550 customer's property to which the [water was furnished or sewer service] commodities, services,
9551 or facilities were provided, on a parity with and collectible at the same time and in the same
9552 manner as general county taxes that are a lien on the property.
9553 (2) A lien under Subsection (1) is not valid if certification under Subsection (1) is
9554 made after the filing for record of a document conveying title of the customer's property to a
9555 new owner.
9556 (3) Nothing in this section may be construed to:
9557 (a) waive or release the customer's obligation to pay [service] fees or charges that the
9558 district has imposed;
9559 (b) preclude the certification of a lien under Subsection (1) with respect to past due
9560 [service] fees or charges for [water furnished or sewer service] commodities, services, or
9561 facilities provided after the date that title to the property is transferred to a new owner; or
9562 (c) nullify or terminate a valid lien.
9563 (4) After all amounts owing under a lien established as provided in this section have
9564 been paid, the local district shall file for record in the county recorder's office a release of the
9565 lien.
9566 Section 238. Section 17B-1-903 , which is renumbered from Section 17B-2-802 is
9567 renumbered and amended to read:
9568 [17B-2-802]. 17B-1-903. Authority to require written application for
9569 water or sewer service and to terminate for failure to pay -- Limitations.
9570 (1) A local district that owns or controls a system for furnishing water or providing
9571 sewer service or both may:
9572 (a) before furnishing water or providing sewer service to a property, require the
9573 property owner or an authorized agent to submit a written application, signed by the owner or
9574 an authorized agent, agreeing to pay for all water furnished or sewer service provided to the
9575 property, whether occupied by the owner or by a tenant or other occupant, according to the

9576 rules and regulations adopted by the local district; and
9577 (b) if a customer fails to pay for water furnished or sewer service provided to the
9578 customer's property, discontinue furnishing water or providing sewer service to the property[,
9579 respectively,] until all amounts for water furnished or sewer service provided[, respectively,]
9580 are paid, subject to Subsection (2).
9581 (2) Unless a valid lien has been established as provided in Section [ 17B-2-803 ]
9582 17B-1-902 , has not been satisfied, and has not been terminated by a sale as provided in
9583 Subsection [ 17B-2-803 ] 17B-1-902 (2), a local district may not:
9584 (a) use a customer's failure to pay for water furnished or sewer service provided to the
9585 customer's property as a basis for not furnishing water or providing sewer service to the
9586 property after ownership of the property is transferred to a subsequent owner; or
9587 (b) require an owner to pay for water that was furnished or sewer service that was
9588 provided to the property before the owner's ownership.
9589 Section 239. Section 17B-1-904 , which is renumbered from Section 17B-2-801 is
9590 renumbered and amended to read:
9591 [17B-2-801]. 17B-1-904. Collection of service fees.
9592 (1) As used in this [part] section:
9593 [(1)] (a) "Collection costs" means an amount, not to exceed $20, to reimburse a local
9594 district for expenses associated with its efforts to collect past due service fees from a customer.
9595 [(2)] (b) "Customer" means the owner of real property to which a local district has
9596 [furnished water or provided sewer service] provided a service for which the local district
9597 charges a service fee.
9598 [(3)] (c) "Damages" means an amount equal to the greater of:
9599 [(a)] (i) $100; and
9600 [(b)] (ii) triple the past due service fees.
9601 [(4)] (d) "Default date" means the date on which payment for service fees becomes past
9602 due.
9603 [(5)] (e) "Past due service fees" means service fees that on or after the default date have
9604 not been paid.
9605 [(6)] (f) "Prelitigation damages" means an amount that is equal to the greater of:
9606 [(a)] (i) $50; and

9607 [(b)] (ii) triple the past due service fees.
9608 [(7)] (g) "Service [fees] fee" means [the] an amount charged by a local district to a
9609 customer for [water furnished or sewer service provided to the customer's property] a service,
9610 including furnishing water, providing sewer service, and providing garbage collection service,
9611 that the district provides to the customer's property.
9612 (2) A customer is liable to a local district for past due service fees and collection costs
9613 if:
9614 (a) the customer has not paid service fees before the default date;
9615 (b) the local district mails the customer notice as provided in Subsection (4); and
9616 (c) the past due service fees remain unpaid 15 days after the local district has mailed
9617 notice.
9618 (3) If a customer has not paid the local district the past due service fees and collection
9619 costs within 30 days after the local district mails notice, the local district may make an offer to
9620 the customer that the local district will forego filing a civil action under Subsection (5) if the
9621 customer pays the local district an amount that:
9622 (a) consists of the past due service fees, collection costs, prelitigation damages, and, if
9623 the local district retains an attorney to recover the past due service fees, a reasonable attorney
9624 fee not to exceed $50; and
9625 (b) if the customer's property is residential, may not exceed $100.
9626 (4) (a) Each notice under Subsection (2)(b) shall:
9627 (i) be in writing;
9628 (ii) be mailed to the customer by the United States mail, postage prepaid;
9629 (iii) notify the customer that:
9630 (A) if the past due service fees are not paid within 15 days after the day on which the
9631 local district mailed notice, the customer is liable for the past due service fees and collection
9632 costs; and
9633 (B) the local district may file civil action if the customer does not pay to the local
9634 district the past due service fees and collection costs within 30 calendar days from the day on
9635 which the local district mailed notice; and
9636 (iv) be in substantially the following form:
9637 Date:_____________________________________

9638 To: ______________________________________
9639 Service address: ____________________________
9640 Account or invoice number(s): _________________
9641 Date(s) of service: ___________________________
9642 Amount past due: ____________________________
9643 You are hereby notified that water or sewer service fees (or both) owed by you are in
9644 default. In accordance with Section 17B-1-902 , Utah Code Annotated, if you do not pay the
9645 past due amount within 15 days from the day on which this notice was mailed to you, you are
9646 liable for the past due amount together with collection costs of $20.
9647 You are further notified that if you do not pay the past due amount and the $20
9648 collection costs within 30 calendar days from the day on which this notice was mailed to you,
9649 an appropriate civil legal action may be filed against you for the past due amount, interest,
9650 court costs, attorney fees, and damages in an amount equal to the greater of $100 or triple the
9651 past due amounts, but the combined total of all these amounts may not exceed $200 if your
9652 property is residential.
9653 (Signed) _______________________________________
9654 Name of local district _____________________________
9655 Address of local district ___________________________
9656 Telephone number of local district ___________________
9657 (b) Written notice under this section is conclusively presumed to have been given if the
9658 notice is:
9659 (i) properly deposited in the United States mail, postage prepaid, by certified or
9660 registered mail, return receipt requested; and
9661 (ii) addressed to the customer at the customer's:
9662 (A) address as it appears in the records of the local district; or
9663 (B) last-known address.
9664 (5) (a) A local district may file a civil action against the customer if the customer fails
9665 to pay the past due service fees and collection costs within 30 calendar days from the date on
9666 which the local district mailed notice under Subsection (2)(b).
9667 (b) (i) In a civil action under this Subsection (5), a customer is liable to the local
9668 district for an amount that:

9669 (A) consists of past due service fees, collection costs, interest, court costs, a reasonable
9670 attorney fee, and damages; and
9671 (B) if the customer's property is residential, may not exceed $200.
9672 (ii) Notwithstanding Subsection (5)(b)(i), a court may, upon a finding of good cause,
9673 waive interest, court costs, the attorney fee, and damages, or any combination of them.
9674 (c) If a local district files a civil action under this Subsection (5) before 31 calendar
9675 days after the day on which the local district mailed notice under Subsection (2)(b), a customer
9676 may not be held liable for an amount in excess of past due service fees.
9677 (d) A local district may not file a civil action under this Subsection (5) unless the
9678 customer has failed to pay the past due service fees and collection costs within 30 days from
9679 the day on which the local district mailed notice under Subsection (2)(b).
9680 (6) (a) All amounts charged or collected as prelitigation damages or as damages shall
9681 be paid to and be the property of the local district that furnished water or provided sewer
9682 service and may not be retained by a person who is not that local district.
9683 (b) A local district may not contract for a person to retain any amounts charged or
9684 collected as prelitigation damages or as damages.
9685 (7) This section may not be construed to limit a local district that furnishes water or
9686 provides sewer service from obtaining relief to which it may be entitled under other applicable
9687 statute or cause of action.
9688 Section 240. Section 17B-1-1001 is enacted to read:
9689 Part 10. Local District Property Tax Levy
9690 17B-1-1001. Provisions applicable to property tax levy.
9691 Each local district that levies and collects property taxes shall levy and collect them
9692 according to the provisions of Title 59, Chapter 2, Property Tax Act.
9693 Section 241. Section 17B-1-1002 is enacted to read:
9694 17B-1-1002. Limit on local district property tax levy -- Exclusions.
9695 (1) The rate at which a local district levies a property tax for district operation and
9696 maintenance expenses on the taxable value of taxable property within the district may not
9697 exceed:
9698 (a) .0008, for a basic local district;
9699 (b) .0004, for a cemetery maintenance district;

9700 (c) .0004, for a drainage district;
9701 (d) .0008, for a fire protection district;
9702 (e) .0008, for an improvement district;
9703 (f) .0005, for a metropolitan water district;
9704 (g) .0004, for a mosquito abatement district;
9705 (h) .0004, for a public transit district;
9706 (i) (i) .0023, for a service area that:
9707 (A) is located in a county of the first class; and
9708 (B) provides fire protection, paramedic, and emergency services; or
9709 (ii) .0014, for all each other service area;
9710 (j) the rates provided in Section 17B-2a-1006 , for a water conservancy district.
9711 (2) Property taxes levied by a local district are excluded from the limit under
9712 Subsection (1) if the taxes are:
9713 (a) levied under Section 17B-1-1103 to pay principal of and interest on general
9714 obligation bonds issued by the district;
9715 (b) levied to pay debt and interest owed to the United States; or
9716 (c) levied to pay assessments or other amounts due to a water users association or other
9717 public cooperative or private entity from which the district procures water.
9718 Section 242. Section 17B-1-1101 is enacted to read:
9719 Part 11. Local District Bonds
9720 17B-1-1101. Provisions applicable to a local district's issuance of bonds.
9721 Subject to the provisions of this part:
9722 (1) each local district that issues bonds shall:
9723 (a) issue them as provided in Title 11, Chapter 14, Local Government Bonding Act;
9724 and
9725 (b) receive the benefits of Title 11, Chapter 30, Utah Bond Validation Act; and
9726 (2) each local district that issues refunding bonds shall issue them as provided in Title
9727 11, Chapter 27, Utah Refunding Bond Act.
9728 Section 243. Section 17B-1-1102 is enacted to read:
9729 17B-1-1102. General obligation bonds.
9730 (1) Except as provided in Subsection (3), if a district intends to issue general obligation

9731 bonds, the district shall first obtain the approval of district voters for issuance of the bonds at
9732 an election held for that purpose as provided in Title 11, Chapter 14, Local Government
9733 Bonding Act.
9734 (2) General obligation bonds shall be secured by a pledge of the full faith and credit of
9735 the district.
9736 (3) A district may issue refunding general obligation bonds, as provided in Title 11,
9737 Chapter 27, Utah Refunding Bond Act, without obtaining voter approval.
9738 (4) (a) A local district may not issue general obligation bonds if the issuance of the
9739 bonds will cause the outstanding principal amount of all of the district's general obligation
9740 bonds to exceed the amount that results from multiplying the taxable value of the taxable
9741 property within the district by a number that is:
9742 (i) .1, for a basic local district;
9743 (ii) .004, for a cemetery maintenance district;
9744 (iii) .002, for a drainage district;
9745 (iv) .004, for a fire protection district;
9746 (v) .024, for an improvement district;
9747 (vi) .1, for a metropolitan water district;
9748 (vii) .0004, for a mosquito abatement district;
9749 (viii) .03, for a public transit district; and
9750 (ix) .12, for a service area.
9751 (b) For purposes of Subsection (4)(a):
9752 (i) the taxable value of taxable property within the district shall be computed from the
9753 last equalized assessment roll for county purposes before the issuance of the general obligation
9754 bonds; and
9755 (ii) the taxable value of all tax equivalent property, as defined in Section 59-3-102 ,
9756 shall be included as part of the total taxable value of taxable property in the district.
9757 (c) Bonds or other obligations of a local district that are not general obligation bonds
9758 are not included in the limit stated in Subsection (4)(a).
9759 (5) A district may not be considered to be a municipal corporation for purposes of the
9760 debt limitation of the Utah Constitution Article XIV, Section 4.
9761 (6) Bonds issued by an administrative or legal entity created under Title 11, Chapter

9762 13, Interlocal Cooperation Act, may not be considered to be bonds of a local district that
9763 participates in the agreement creating the administrative or legal entity.
9764 Section 244. Section 17B-1-1103 is enacted to read:
9765 17B-1-1103. Levy to pay for general obligation bonds.
9766 (1) If a district has issued general obligation bonds, the district's board of trustees may
9767 make an annual levy of ad valorem property taxes without limitation as to rate or amount in
9768 order to:
9769 (a) pay the principal of and interest on the general obligation bonds;
9770 (b) establish a sinking fund for defaults and future debt service on the general
9771 obligation bonds; and
9772 (c) establish a reserve to secure payment of the general obligation bonds.
9773 (2) (a) Each district that levies a tax under Subsection (1) shall:
9774 (i) levy the tax as a separate and special levy for the specific purposes stated in
9775 Subsection (1); and
9776 (ii) apply the proceeds from the levy solely for the purpose of paying the principal of
9777 and interest on the general obligation bonds, even though the proceeds may initially be used to
9778 establish a sinking fund under Subsection (1)(b) or a reserve under Subsection (1)(c).
9779 (b) A levy under Subsection (2)(a) is not subject to a priority in favor of a district
9780 obligation in existence at the time the bonds were issued.
9781 Section 245. Section 17B-1-1104 is enacted to read:
9782 17B-1-1104. Pledge of revenues to pay for bonds.
9783 Bonds may be payable from and secured by the pledge of all or any specified part of the
9784 revenues, including sales and use taxes, property taxes, federal, state, or local grants, and, if
9785 applicable, fares, to be derived by the district from providing its services and from the
9786 operation of its facilities and other properties.
9787 Section 246. Section 17B-1-1105 is enacted to read:
9788 17B-1-1105. Revenue bonds -- Requirement to impose rates and charges to cover
9789 revenue bonds -- Authority to make agreements and covenants to provide for bond
9790 repayment.
9791 (1) A local district intending to issue revenue bonds may, but is not required to, submit
9792 to district voters for their approval the issuance of the revenue bonds at an election held for that

9793 purpose as provided in Title 11, Chapter 14, Local Government Bonding Act.
9794 (2) Each local district that has issued revenue bonds shall impose rates and charges for
9795 the services or commodities it provides fully sufficient, along with other sources of district
9796 revenues, to carry out all undertakings of the district with respect to its revenue bonds.
9797 (3) A local district that issues revenue bonds may:
9798 (a) agree to pay operation and maintenance expenses of the district from the
9799 proceeds of the ad valorem taxes authorized in Section 17B-1-103 ; and
9800 (b) for the benefit of bondholders, enter into covenants that:
9801 (i) are permitted by Title 11, Chapter 14, Local Government Bonding Act; and
9802 (ii) provide for other pertinent matters that the board of trustees considers proper to
9803 assure the marketability of the bonds.
9804 Section 247. Section 17B-1-1106 is enacted to read:
9805 17B-1-1106. Board of trustees required to fix rates to cover district expenses and
9806 bonds.
9807 The board of trustees shall fix the rate or rates for services or commodities provided by
9808 the district that will, in conjunction with the proceeds of any maintenance and operation tax
9809 and other district revenues:
9810 (1) pay the district's operating expenses;
9811 (2) provide for repairs and depreciation of works owned or operated by the district;
9812 (3) pay the interest on any bonds issued by the district; and
9813 (4) provide, as much as practicable, a sinking or other fund to pay the principal of the
9814 bonds as they become due.
9815 Section 248. Section 17B-1-1107 is enacted to read:
9816 17B-1-1107. Ratification of previously issued bonds and previously entered
9817 contracts.
9818 All bonds issued or contracts entered into by a local district before April 30, 2007 are
9819 ratified, validated, and confirmed and declared to be valid and legally binding obligations of
9820 the district in accordance with their terms.
9821 Section 249. Section 17B-1-1201 is enacted to read:
9822 Part 12. Local District Validation Proceedings
9823 17B-1-1201. Definitions.

9824 As used in this part:
9825 (1) "Eligible function" means:
9826 (a) a power conferred on a local district under this title;
9827 (b) a tax or assessment levied by a local district;
9828 (c) an act or proceeding that a local district:
9829 (i) has taken; or
9830 (ii) contemplates taking; or
9831 (d) a district contract, whether already executed or to be executed in the future,
9832 including a contract for the acquisition, construction, maintenance, or operation of works for
9833 the district.
9834 (2) "Validation order" means a court order adjudicating the validity of an eligible
9835 function.
9836 (3) "Validation petition" means a petition requesting a validation order.
9837 (4) "Validation proceedings" means judicial proceedings occurring in district court
9838 pursuant to a validation petition.
9839 Section 250. Section 17B-1-1202 is enacted to read:
9840 17B-1-1202. Authority to file a validation petition -- Petition requirements --
9841 Amending or supplementing a validation petition.
9842 (1) The board of trustees of a local district may at any time file a validation petition.
9843 (2) Each validation petition shall:
9844 (a) describe the eligible function for which a validation order is sought;
9845 (b) set forth:
9846 (i) the facts upon which the validity of the eligible function is founded; and
9847 (ii) any other information or allegations necessary to a determination of the validation
9848 petition;
9849 (c) be verified by the chair of the board of trustees; and
9850 (d) be filed in the district court of the county in which the district's principal office is
9851 located.
9852 (3) A local district may amend or supplement a validation petition:
9853 (a) at any time before the hearing under Section 17B-1-1203 ; or
9854 (b) after the hearing under Section 17B-1-1203 , with permission of the court.

9855 Section 251. Section 17B-1-1203 is enacted to read:
9856 17B-1-1203. Hearing on a validation petition.
9857 (1) Upon the filing of a validation petition, the district court shall enter an order setting
9858 a date, time, and place for a hearing on the validation petition.
9859 (2) A hearing under Subsection (1) may not be held less than 21 days or more than 30
9860 days after the filing of the validation petition.
9861 Section 252. Section 17B-1-1204 is enacted to read:
9862 17B-1-1204. Notice of the hearing on a validation petition -- Amended or
9863 supplemented validation petition.
9864 (1) Upon the entry of an order under Section 17B-1-1203 setting a hearing on a
9865 validation petition, the local district that filed the petition shall:
9866 (a) publish notice at least once a week for three consecutive weeks in a newspaper of
9867 general circulation in the county in which the principal office of the district is located; and
9868 (b) post notice in its principal office at least 21 days before the date set for the hearing.
9869 (2) Each notice under Subsection (1) shall:
9870 (a) state the date, time, and place of the hearing on the validation petition;
9871 (b) include a general description of the contents of the validation petition; and
9872 (c) if applicable, state the location where a complete copy of a contract that is the
9873 subject of the validation petition may be examined.
9874 (3) If a district amends or supplements a validation petition under Subsection
9875 17B-1-1202 (3) after publishing and posting notice as required under Subsection (1), the district
9876 is not required to publish or post notice again unless required by the court.
9877 Section 253. Section 17B-1-1205 is enacted to read:
9878 17B-1-1205. Property owner or interested person may appear in validation
9879 proceedings -- Failure to appear.
9880 (1) An owner of property within the district or a person interested in a contract or
9881 proposed contract that is the subject of a validation petition may appear and answer or
9882 otherwise plead in response to the validation petition:
9883 (a) at any time before the hearing under Section 17B-1-1203 ; or
9884 (b) within any additional period of time that the district court allows.
9885 (2) If a person fails to appear and answer or otherwise plead in the time allowed under

9886 Subsection (1):
9887 (a) the allegations of the validation petition shall be considered admitted by that
9888 person; and
9889 (b) that person may not participate in the validation proceedings.
9890 Section 254. Section 17B-1-1206 is enacted to read:
9891 17B-1-1206. Jurisdiction -- Validation proceedings.
9892 (1) The filing of a validation petition and the giving of notice as required in Section
9893 17B-1-1204 give the district court jurisdiction of the validation petition and validation
9894 proceedings.
9895 (2) At each validation petition hearing, the court shall examine into and determine all
9896 matters and issues affecting the questions raised by the validation petition.
9897 (3) The district court shall:
9898 (a) advance each matter pertaining to validation proceedings as a matter of immediate
9899 public interest and concern; and
9900 (b) hear each matter pertaining to validation proceedings at the earliest practicable
9901 moment.
9902 (4) The district court shall disregard each error, irregularity, or omission that does not
9903 affect the substantial rights of the parties.
9904 (5) Except as otherwise specified in this part, the Utah Rules of Civil Procedure shall
9905 govern validation proceedings in matters of pleading and practice before the district court.
9906 Section 255. Section 17B-1-1207 is enacted to read:
9907 17B-1-1207. Findings, conclusions, and judgment -- Costs -- Effect of judgment --
9908 Appeal.
9909 (1) After the hearing under Section 17B-1-1203 on a validation petition, the district
9910 court shall:
9911 (a) make and enter written findings of fact and conclusions of law; and
9912 (b) render a judgment as warranted.
9913 (2) A district court may apportion costs among the parties as the court determines
9914 appropriate.
9915 (3) Notwithstanding Rule 55(c) and Rule 60(b) of the Utah Rules of Civil Procedure or
9916 any other provision of law, each district court judgment adjudicating matters raised by a

9917 validation petition shall:
9918 (a) be binding and conclusive as to the local district and all other parties to the
9919 validation proceedings; and
9920 (b) constitute a permanent injunction against any action or proceeding to contest any
9921 matter adjudicated in the validation proceedings.
9922 (4) After a final judgment has been entered in validation proceedings:
9923 (a) no court has jurisdiction to adjudicate the matters adjudicated in the validation
9924 proceedings; and
9925 (b) the right of any person to litigate a matter adjudicated in the validation proceedings
9926 terminates.
9927 (5) (a) An appeal of a final judgment in validation proceedings may be taken only to
9928 the Supreme Court and only by a party to the validation proceedings.
9929 (b) Each appeal of a final judgment in validation proceedings shall be filed within ten
9930 days after the date of the entry of the final judgment.
9931 (c) The Supreme Court shall expedite and give priority to the hearing and decision of
9932 an appeal under this section.
9933 Section 256. Section 17B-1-1301 , which is renumbered from Section 17B-2-701 is
9934 renumbered and amended to read:
9935 Part 13. Dissolution of a Local District
9936 [17B-2-701]. 17B-1-1301. Definitions.
9937 For purposes of this part:
9938 (1) "Active" means, with respect to a local district, that the district is not inactive.
9939 (2) "Administrative body" means:
9940 (a) if the local district proposed to be dissolved has a duly constituted board of trustees
9941 in sufficient numbers to form a quorum, the board of trustees; or
9942 (b) except as provided in Subsection (2)(a):
9943 (i) for a local district located entirely within a single municipality, the legislative body
9944 of that municipality;
9945 (ii) for a local district located in multiple municipalities within the same county or at
9946 least partly within the unincorporated area of a county, the legislative body of that county; or
9947 (iii) for a local district located within multiple counties, the legislative body of the

9948 county whose boundaries include more of the local district than is included within the
9949 boundaries of any other county.
9950 (3) "Clerk" means:
9951 (a) the board of trustees if the board is also the administrative body under Subsection
9952 (2)(a);
9953 (b) the clerk or recorder of the municipality whose legislative body is the
9954 administrative body under Subsection (2)(b)(i); or
9955 (c) the clerk of the county whose legislative body is the administrative body under
9956 Subsection (2)(b)(ii) or (iii).
9957 (4) "Inactive" means, with respect to a local district, that during the preceding three
9958 years the district has not:
9959 (a) provided any service or otherwise operated;
9960 (b) received property taxes or user or other fees; and
9961 (c) expended any funds.
9962 Section 257. Section 17B-1-1302 , which is renumbered from Section 17B-2-702 is
9963 renumbered and amended to read:
9964 [17B-2-702]. 17B-1-1302. Dissolution of special district.
9965 A local district may be dissolved as provided in this part.
9966 Section 258. Section 17B-1-1303 , which is renumbered from Section 17B-2-703 is
9967 renumbered and amended to read:
9968 [17B-2-703]. 17B-1-1303. Initiation of dissolution process.
9969 The process to dissolve a local district may be initiated by:
9970 (1) for an inactive local district:
9971 (a) (i) for a local district whose board of trustees is elected by electors based on the
9972 acre-feet of water allotted to the land owned by the elector, a petition signed by the owners of
9973 25% of the acre-feet of water allotted to the land within the local district; or
9974 (ii) for all other districts:
9975 (A) a petition signed by the owners of private real property that:
9976 (I) is located within the local district proposed to be dissolved;
9977 (II) covers at least 25% of the private land area within the local district; and
9978 (III) is equal in assessed value to at least 25% of the assessed value of all private real

9979 property within the local district; or
9980 (B) a petition signed by registered voters residing within the local district proposed to
9981 be dissolved equal in number to at least 25% of the number of votes cast in the district for the
9982 office of governor at the last regular general election before the filing of the petition; or
9983 (b) a resolution adopted by the administrative body; and
9984 (2) for an active local district, a petition signed by:
9985 (a) for a local district whose board of trustees is elected by electors based on the
9986 acre-feet of water allotted to the land owned by the elector, a petition signed by the owners of
9987 100% of the acre-feet of water allotted to the land within the local district; or
9988 (b) for all other districts, the owners of 100% of the private real property located within
9989 or 100% of registered voters residing within the local district proposed to be dissolved.
9990 Section 259. Section 17B-1-1304 , which is renumbered from Section 17B-2-704 is
9991 renumbered and amended to read:
9992 [17B-2-704]. 17B-1-1304. Petition requirements.
9993 (1) Each petition under Subsection [ 17B-2-703 ] 17B-1-1303 (1)(a) or (2) shall:
9994 (a) indicate the typed or printed name and current residence address of each owner of
9995 acre-feet of water, property owner, or registered voter signing the petition;
9996 (b) if it is a petition signed by the owners of acre-feet of water or property owners,
9997 indicate the address of the property as to which the owner is signing;
9998 (c) designate up to three signers of the petition as sponsors, one of whom shall be
9999 designated the contact sponsor, with the mailing address and telephone number of each; and
10000 (d) be filed with the clerk.
10001 (2) A signer of a petition to dissolve a local district may withdraw, or, once withdrawn,
10002 reinstate the signer's signature at any time until 30 days after the public hearing under Section
10003 [ 17B-2-706 ] 17B-1-1306 .
10004 Section 260. Section 17B-1-1305 , which is renumbered from Section 17B-2-705 is
10005 renumbered and amended to read:
10006 [17B-2-705]. 17B-1-1305. Petition certification.
10007 (1) Within 30 days after the filing of a petition under Subsection [ 17B-2-703 ]
10008 17B-1-1303 (1)(a) or (2), the clerk shall:
10009 (a) with the assistance of officers of the county in which the local district is located

10010 from whom the clerk requests assistance, determine whether the petition meets the
10011 requirements of Section [ 17B-2-703 ] 17B-1-1303 and Subsection [ 17B-2-704 ] 17B-1-1304 (1);
10012 and
10013 (b) (i) if the clerk determines that the petition complies with the requirements, certify
10014 the petition and mail or deliver written notification of the certification to the contact sponsor;
10015 or
10016 (ii) if the clerk determines that the petition fails to comply with any of the
10017 requirements, reject the petition and mail or deliver written notification of the rejection and the
10018 reasons for the rejection to the contact sponsor.
10019 (2) (a) If the clerk rejects a petition under Subsection (1)(b)(ii), the petition may be
10020 amended to correct the deficiencies for which it was rejected and then refiled.
10021 (b) A valid signature on a petition that was rejected under Subsection (1)(b)(ii) may be
10022 used toward fulfilling the applicable signature requirement of the petition as amended under
10023 Subsection (2)(a).
10024 (3) The clerk shall process an amended petition filed under Subsection (2)(a) in the
10025 same manner as an original petition under Subsection (1).
10026 Section 261. Section 17B-1-1306 , which is renumbered from Section 17B-2-706 is
10027 renumbered and amended to read:
10028 [17B-2-706]. 17B-1-1306. Public hearing.
10029 (1) For each petition certified under Section [ 17B-2-705 ] 17B-1-1305 and each
10030 resolution adopted under Subsection [ 17B-2-703 ] 17B-1-1303 (1)(b), the administrative body
10031 shall hold a public hearing on the proposed dissolution.
10032 (2) Each public hearing under Subsection (1) shall be held:
10033 (a) no later than 45 days after certification of the petition under Section [ 17B-2-705 ]
10034 17B-1-1305 or adoption of a resolution under Subsection [ 17B-2-703 ] 17B-1-1303 (1)(b), as
10035 the case may be;
10036 (b) within the local district proposed to be dissolved;
10037 (c) on a weekday evening other than a holiday beginning no earlier than [6:00] 6 p.m.;
10038 and
10039 (d) for the purpose of allowing:
10040 (i) the public to ask questions and obtain further information about the proposed

10041 dissolution and issues raised by it; and
10042 (ii) any interested person to address the administrative body concerning the proposed
10043 dissolution.
10044 (3) A quorum of the administrative body shall be present throughout each public
10045 hearing under this section.
10046 Section 262. Section 17B-1-1307 , which is renumbered from Section 17B-2-707 is
10047 renumbered and amended to read:
10048 [17B-2-707]. 17B-1-1307. Notice of public hearing and of dissolution.
10049 (1) Before holding a public hearing required under Section [ 17B-2-706 ] 17B-1-1306 ,
10050 the administrative body shall:
10051 (a) (i) publish notice of the public hearing and of the proposed dissolution in a
10052 newspaper of general circulation within the local district proposed to be dissolved; and
10053 (ii) post notice of the public hearing and of the proposed dissolution in at least four
10054 conspicuous places within the local district proposed to be dissolved, no less than five and no
10055 more than 30 days before the public hearing; or
10056 (b) mail a notice to each owner of property located within the local district and to each
10057 registered voter residing within the local district.
10058 (2) Each notice required under Subsection (1) shall:
10059 (a) identify the local district proposed to be dissolved and the service it was created to
10060 provide; and
10061 (b) state the date, time, and location of the public hearing.
10062 Section 263. Section 17B-1-1308 , which is renumbered from Section 17B-2-708 is
10063 renumbered and amended to read:
10064 [17B-2-708]. 17B-1-1308. Dissolution resolution -- Limitations on
10065 dissolution -- Distribution of remaining assets -- Notice of dissolution to lieutenant
10066 governor.
10067 (1) After the public hearing required under Section [ 17B-2-706 ] 17B-1-1306 and
10068 subject to Subsection (2), the administrative body may adopt a resolution approving dissolution
10069 of the local district.
10070 (2) A resolution under Subsection (1) may not be adopted unless:
10071 (a) any outstanding debt of the local district is:

10072 (i) satisfied and discharged in connection with the dissolution; or
10073 (ii) assumed by another governmental entity with the consent of all the holders of that
10074 debt and all the holders of other debts of the local district;
10075 (b) for a local district that has provided service during the preceding three years or
10076 undertaken planning or other activity preparatory to providing service:
10077 (i) another entity has committed to provide the same service to the area being served or
10078 proposed to be served by the local district; and
10079 (ii) all who are to receive the service have consented to the service being provided by
10080 the other entity; and
10081 (c) all outstanding contracts to which the local district is a party are resolved through
10082 mutual termination or the assignment of the district's rights, duties, privileges, and
10083 responsibilities to another entity with the consent of the other parties to the contract.
10084 (3) (a) (i) Any assets of the local district remaining after paying all debts and other
10085 obligations of the local district shall be used to pay costs associated with the dissolution
10086 process under this part.
10087 (ii) Any costs of the dissolution process remaining after exhausting the remaining
10088 assets of the local district under Subsection (3)(a)(i) shall be paid by the administrative body.
10089 (b) Any assets of the local district remaining after application of Subsection (3)(a) shall
10090 be distributed:
10091 (i) proportionately to the owners of real property within the dissolved local district if
10092 there is a readily identifiable connection between a financial burden borne by the real property
10093 owners in the district and the remaining assets; or
10094 (ii) except as provided in Subsection (3)(b)(i), to each county, city, or town in which
10095 the dissolved local district was located before dissolution in the same proportion that the land
10096 area of the local district located within the unincorporated area of the county or within the city
10097 or town bears to the total local district land area.
10098 (4) (a) Within 30 days after adopting a resolution approving dissolution of the local
10099 district, the administrative body shall file a notice with the lieutenant governor.
10100 (b) The notice required under Subsection (4)(a) shall:
10101 (i) be accompanied by a copy of the board resolution approving the dissolution; and
10102 (ii) include a certification by the administrative body that all requirements for the

10103 dissolution have been complied with.
10104 (c) Upon the lieutenant governor's issuance of the certificate of dissolution under
10105 Section 67-1a-6.5 , the local district is dissolved.
10106 Section 264. Section 17B-1-1401 is enacted to read:
10107 Part 14. Basic Local District
10108 17B-1-1401. Status of and provisions applicable to a basic local district.
10109 A basic local district:
10110 (1) operates under, is subject to, and has the powers set forth in this chapter; and
10111 (2) is not subject to Chapter 2a, Provisions Applicable to Different Types of Local
10112 Districts.
10113 Section 265. Section 17B-1-1402 is enacted to read:
10114 17B-1-1402. Board of trustees of a basic local district.
10115 (1) As specified in a petition under Subsection 17B-1-208 (1)(d) or a resolution under
10116 Subsection 17B-1-203 (2)(a)(vii), the members of a board of trustees of a basic local district
10117 may be:
10118 (a) (i) elected by registered voters; or
10119 (ii) appointed by the responsible body, as defined in Section 17B-1-201 ; or
10120 (b) if the area of the local district contains less than one residential dwelling unit per 50
10121 acres of land at the time the resolution is adopted or the petition is filed, elected by the owners
10122 of real property within the local district based on:
10123 (i) the amount of acreage owned by property owners;
10124 (ii) the assessed value of property owned by property owners; or
10125 (iii) water rights:
10126 (A) relating to the real property within the local district;
10127 (B) that the real property owner:
10128 (I) owns; or
10129 (II) has transferred to the local district.
10130 (2) A petition under Subsection 17B-1-203 (1)(a) or (b) and a resolution under
10131 Subsection 17B-1-203 (1)(c) or (d) may provide for a transition from one or more methods of
10132 election or appointment under Subsection (1) to one or more other methods of election or
10133 appointment based upon milestones or events that the petition or resolution identifies.

10134 Section 266. Section 17B-2a-101 is enacted to read:
10135 CHAPTER 2a. PROVISIONS APPLICABLE TO DIFFERENT TYPES OF LOCAL
10136 DISTRICTS
10137 Part 1. Cemetery Maintenance District Act
10138 17B-2a-101. Title.
10139 This part is known as the "Cemetery Maintenance District Act."
10140 Section 267. Section 17B-2a-102 is enacted to read:
10141 17B-2a-102. Applicability of this part to cemetery maintenance districts.
10142 (1) Each cemetery maintenance district is governed by and has the powers stated in:
10143 (a) this part; and
10144 (b) Chapter 1, Provisions Applicable to All Local Districts.
10145 (2) This part applies only to cemetery maintenance districts.
10146 (3) A cemetery maintenance district is not subject to the provisions of any other part of
10147 this chapter.
10148 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
10149 Local Districts, and a provision in this part, the provision in this part governs.
10150 Section 268. Section 17B-2a-103 is enacted to read:
10151 17B-2a-103. Limits on the creation of a cemetery maintenance district.
10152 A cemetery maintenance district may not be created in a city of the first or second class.
10153 Section 269. Section 17B-2a-104 is enacted to read:
10154 17B-2a-104. Cemetery maintenance district bonding authority.
10155 A cemetery maintenance district may issue bonds as provided in and subject to Chapter
10156 1, Part 11, Local District Bonds, to carry out the purposes of the district.
10157 Section 270. Section 17B-2a-105 is enacted to read:
10158 17B-2a-105. Additional duties of a cemetery maintenance district board of
10159 trustees.
10160 In addition to the powers and duties of a board of trustees under Chapter 1, Part 3,
10161 Board of Trustees, each cemetery maintenance district board of trustees shall beautify,
10162 improve, and maintain each cemetery within the district.
10163 Section 271. Section 17B-2a-106 is enacted to read:
10164 17B-2a-106. Appointment of board of trustees members -- Vacancies.

10165 (1) If the area of a cemetery maintenance district is included entirely within the
10166 boundaries of a single municipality, each member of its board of trustees shall be appointed
10167 and each vacancy on the board of trustees shall be filled by a person appointed by the
10168 legislative body of that municipality, as provided in Section 17B-1-304 .
10169 (2) For each other cemetery maintenance district, each member of its board of trustees
10170 shall be appointed and each vacancy on the board of trustees shall be filled by a person
10171 appointed by the legislative body of the county in which the district is located, as provided in
10172 Section 17B-1-304 .
10173 Section 272. Section 17B-2a-107 is enacted to read:
10174 17B-2a-107. Property within a cemetery maintenance district to be
10175 proportionately benefitted and equally assessed.
10176 Each parcel of property within a cemetery maintenance district shall be:
10177 (1) benefitted by the creation of the district and by improvements made by the district,
10178 ratably with all other parcels of property within the district in proportion to the parcel's taxable
10179 value; and
10180 (2) assessed equally in proportion to its taxable value for the purpose of cemetery
10181 improvement and maintenance.
10182 Section 273. Section 17B-2a-201 is enacted to read:
10183 Part 2. Drainage District Act
10184 17B-2a-201. Title.
10185 This part is known as the "Drainage District Act."
10186 Section 274. Section 17B-2a-202 is enacted to read:
10187 17B-2a-202. Definitions.
10188 As used in this part:
10189 (1) "Ditch" includes a drain or natural or constructed watercourse, whether open,
10190 covered, or tiled, and whether inside or outside the drainage district.
10191 (2) "Drainage" includes the reclamation, protection, or betterment of land by leading,
10192 carrying, withholding, or pumping excess water from land through canals, ditches, pipes, or
10193 other means.
10194 Section 275. Section 17B-2a-203 is enacted to read:
10195 17B-2a-203. Applicability of this part to drainage districts.

10196 (1) Each drainage district is governed by and has the powers stated in:
10197 (a) this part; and
10198 (b) Chapter 1, Provisions Applicable to All Local Districts.
10199 (2) This part applies only to drainage districts.
10200 (3) A drainage district is not subject to the provisions of any other part of this chapter.
10201 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
10202 Local Districts, and a provision in this part, the provision in this part governs.
10203 Section 276. Section 17B-2a-204 is enacted to read:
10204 17B-2a-204. Prohibition against creating a drainage district.
10205 No new drainage district may be created.
10206 Section 277. Section 17B-2a-205 is enacted to read:
10207 17B-2a-205. Additional drainage district powers.
10208 In addition to the powers conferred on a drainage district under Section 17B-1-103 , a
10209 drainage district may:
10210 (1) enter upon land for the purpose of examining the land or making a survey;
10211 (2) locate a necessary drainage canal with any necessary branches on land that the
10212 district's board of trustees considers best;
10213 (3) issue bonds as provided in and subject to Chapter 1, Part 11, Local District Bonds,
10214 to carry out the purposes of the district;
10215 (4) after the payment or tender of compensation allowed, go upon land to construct
10216 proposed works, and thereafter enter upon that land to maintain or repair the works;
10217 (5) appropriate water for useful and beneficial purposes;
10218 (6) regulate and control, for the benefit of landholders within the district, all water
10219 developed, appropriated, or owned by the district;
10220 (7) appropriate, use, purchase, develop, sell, and convey water and water rights in the
10221 same manner and for the same use and purposes as a private person;
10222 (8) widen, straighten, deepen, enlarge, or remove any obstruction or rubbish from any
10223 watercourse, whether inside our outside the district; and
10224 (9) if necessary, straighten a watercourse by cutting a new channel upon land not
10225 already containing the watercourse, subject to the landowner receiving compensation for the
10226 land occupied by the new channel and for any damages, as provided under the law of eminent

10227 domain.
10228 Section 278. Section 17B-2a-206 is enacted to read:
10229 17B-2a-206. Drainage district board of trustees.
10230 (1) Subject to Subsection (2), each member of the board of trustees of a drainage
10231 district shall be appointed by the legislative body of the county in which the district is located.
10232 (2) If a drainage district is located in more than one county, a county legislative body
10233 may not appoint more than two members.
10234 Section 279. Section 17B-2a-207 is enacted to read:
10235 17B-2a-207. Public highways, roads, or streets or railroad rights-of-way
10236 benefitted by district works.
10237 If a drainage district board of trustees determines that a public highway, road, street, or
10238 railroad right-of-way is or will be benefitted by district drainage canals or other works that have
10239 been or will be constructed:
10240 (1) the district shall assess benefits and taxes against the public highway, road, street,
10241 or railroad right-of-way in the same manner as if the highway, road, street, or railroad
10242 right-of-way were in private ownership;
10243 (2) the district may treat the highway, road, street, or railroad right-of-way the same as
10244 it would treat private land; and
10245 (3) the state or local entity having control of the public highway, road, or street or the
10246 owner of the railroad right-of-way shall pay the applicable taxes assessed against the land,
10247 whether or not it owns the fee simple title to the land covered by the highway, road, street, or
10248 railroad right-of-way.
10249 Section 280. Section 17B-2a-208 is enacted to read:
10250 17B-2a-208. Bridge or culvert across a public highway, road, or street, or a
10251 railroad right-of-way -- Notice to railway authority -- Option of railway authority to
10252 construct bridge or culvert.
10253 (1) (a) A drainage district may construct each necessary bridge and culvert across or
10254 under a public highway, road, street, or railroad right-of-way to enable the district to construct
10255 and maintain a canal, drain, or ditch necessary as part of the drainage system of the district.
10256 (b) Before a drainage district constructs a bridge or culvert across or under a railroad
10257 right-of-way, the district shall first give notice to the railway authority empowered to build or

10258 construct bridges and culverts.
10259 (2) (a) A railway authority may, within 30 days after the notice under Subsection (1)(b)
10260 and at its own expense, build the bridge or culvert according to its own plans.
10261 (b) Each railway authority that builds a bridge or culvert as provided in Subsection
10262 (2)(a) shall construct the bridge or culvert:
10263 (i) so as not to interfere with the free and unobstructed flow of water passing through
10264 the canal or drain; and
10265 (ii) at points that are indicated by a competent drainage engineer.
10266 Section 281. Section 17B-2a-209 is enacted to read:
10267 17B-2a-209. State land treated the same as private land -- Consent needed to
10268 affect school and institutional trust land -- Owner of state land has same rights as owner
10269 of private land.
10270 (1) Subject to Subsection (2), a drainage district may treat state land the same as
10271 private land with respect to the drainage of land for agricultural purposes.
10272 (2) A drainage district may not affect school or institutional trust land under this part or
10273 Chapter 1, Provisions Applicable to All Local Districts, without the consent of the director of
10274 the School and Institutional Trust Lands Administration acting in accordance with Sections
10275 53C-1-102 and 53C-1-303 .
10276 (3) The state and each person holding unpatented state land under entries or contracts
10277 of purchase from the state have all the rights, privileges, and benefits under this part and
10278 Chapter 1, Provisions Applicable to All Local Districts, that a private owner of that land would
10279 have.
10280 Section 282. Section 17B-2a-210 is enacted to read:
10281 17B-2a-210. District required to minimize damage when entering on land --
10282 Penalty for preventing or prohibiting a district from entering on land.
10283 (1) When entering upon land for the purpose of constructing, maintaining, or repairing
10284 works, a drainage district may not do more damage than the necessity of the occasion requires.
10285 (2) (a) A person who willfully prevents or prohibits an agent of a drainage district from
10286 entering upon land when the district is authorized to enter the land is guilty of a class C
10287 misdemeanor.
10288 (b) (i) Each person found guilty under Subsection (2)(a) shall be fined a sum not to

10289 exceed $25 per day for each day the person prevented or prohibited the district from entering
10290 upon land.
10291 (ii) Each fine under Subsection (2)(b)(i) shall be paid to the district.
10292 Section 283. Section 17B-2a-211 is enacted to read:
10293 17B-2a-211. Penalty for wrongfully damaging a district work.
10294 (1) A person who wrongfully and purposely fills, cuts, injures, destroys, or impairs the
10295 usefulness of a drain, ditch, or other work of a drainage district is guilty of a class C
10296 misdemeanor.
10297 (2) Each person who negligently, wrongfully, or purposely fills, cuts, injures, destroys,
10298 or impairs the usefulness of a drain, ditch, levee, or other work of a drainage district or
10299 obstructs or fills any natural stream or outlet used by a drainage district, whether inside or
10300 outside the district, shall be liable to the district for all resulting damages.
10301 Section 284. Section 17B-2a-301 is enacted to read:
10302 Part 3. Fire Protection District Act
10303 17B-2a-301. Title.
10304 This part is known as the "Fire Protection District Act."
10305 Section 285. Section 17B-2a-302 is enacted to read:
10306 17B-2a-302. Prohibition against creating new fire protection districts.
10307 No new fire protection district may be created.
10308 Section 286. Section 17B-2a-303 is enacted to read:
10309 17B-2a-303. Applicability of this part to fire protection districts.
10310 (1) Each fire protection district is governed by and has the powers stated in:
10311 (a) this part; and
10312 (b) Chapter 1, Provisions Applicable to All Local Districts.
10313 (2) This part applies only to fire protection districts.
10314 (3) A fire protection district is not subject to the provisions of any other part of this
10315 chapter.
10316 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
10317 Local Districts, and a provision in this part, the provision in this part governs.
10318 Section 287. Section 17B-2a-304 is enacted to read:
10319 17B-2a-304. Fire protection district authority.

10320 In addition to the powers conferred on an improvement district under Section
10321 17B-1-103 , a fire protection district may issue bonds as provided in and subject to Chapter 1,
10322 Part 11, Local District Bonds, to carry out the purposes of the district.
10323 Section 288. Section 17B-2a-305 is enacted to read:
10324 17B-2a-305. Countywide fire protection districts -- County legislative body
10325 constitutes the board of trustees -- Appointment of county officers as district officers.
10326 (1) If the area of a fire protection district consists of all the area of a single county
10327 excluding the area of all first and second class cities in the county, the legislative body of that
10328 county shall constitute the board of trustees of the fire protection district.
10329 (2) If a county legislative body constitutes the board of trustees of a fire protection
10330 district as provided in Subsection (1):
10331 (a) each meeting of the county legislative body shall be held separate and apart from
10332 each meeting of the fire protection district board of trustees; and
10333 (b) the fire protection district board of trustees may appoint:
10334 (i) the county clerk as secretary of the board; and
10335 (ii) the county treasurer as treasurer of the board.
10336 Section 289. Section 17B-2a-306 is enacted to read:
10337 17B-2a-306. Offices of a fire protection district board of trustees and principal
10338 place of business.
10339 Each office of a fire protection district board of trustees and each principal place of
10340 business of a fire protection district shall be within:
10341 (1) the district; or
10342 (2) the county in which the district is located and as near as possible to the district.
10343 Section 290. Section 17B-2a-401 is enacted to read:
10344 Part 4. Improvement District Act
10345 17B-2a-401. Title.
10346 This part is known as the "Improvement District Act."
10347 Section 291. Section 17B-2a-402 is enacted to read:
10348 17B-2a-402. Applicability of this part to improvement districts.
10349 (1) Each improvement district is governed by and has the powers stated in:
10350 (a) this part; and

10351 (b) Chapter 1, Provisions Applicable to All Local Districts.
10352 (2) This part applies only to improvement districts.
10353 (3) An improvement district is not subject to the provisions of any other part of this
10354 chapter.
10355 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
10356 Local Districts, and a provision in this part, the provision in this part governs.
10357 Section 292. Section 17B-2a-403 , which is renumbered from Section 17A-2-301 is
10358 renumbered and amended to read:
10359 [17A-2-301]. 17B-2a-403. Improvement district authority.
10360 (1) [(a) An] In addition to the powers conferred on an improvement district under
10361 Section 17B-1-103 , an improvement district may:
10362 (a) acquire through construction, purchase, gift, or condemnation, or any combination
10363 of these methods, and may operate all or any part of:
10364 (i) a system for the supply, treatment, and distribution of water;
10365 (ii) a system for the collection, treatment, and disposition of sewage;
10366 (iii) a system for the collection, retention, and disposition of storm and flood waters;
10367 (iv) a system for the generation, distribution, and sale of electricity, subject to Section
10368 17B-2a-406 ; and
10369 (v) a system for the transmission of natural or manufactured gas if the system is:
10370 (A) connected to a gas plant, as defined in Section 54-2-1 , of a gas corporation, as
10371 defined in Section 54-2-1 , regulated under Section 54-4-1 ; and
10372 (B) to be used to facilitate gas utility service within the district if the gas utility service
10373 is not available within the district prior to the acquisition or construction of the system[.];
10374 (b) issue bonds as provided in and subject to Chapter 1, Part 11, Local District Bonds,
10375 to carry out the purposes of the district;
10376 (c) appropriate or otherwise acquire water and water rights inside or outside its
10377 boundaries;
10378 (d) sell water or other services to consumers residing outside its boundaries;
10379 (e) enter into a contract with a gas corporation regulated under Section 54-4-1 to
10380 provide for the operation or maintenance of all or part of a system for the transmission of
10381 natural or manufactured gas or to lease or sell all or a portion of that system to a gas

10382 corporation;
10383 (f) enter into a contract with a person for:
10384 (i) the purchase or sale of water or electricity;
10385 (ii) the use of any facility owned by the person; or
10386 (iii) the purpose of handling the person's industrial and commercial waste and sewage;
10387 (g) require pretreatment of industrial and commercial waste and sewage; and
10388 (h) impose a penalty or surcharge against a public entity or other person with which the
10389 district has entered into a contract for the construction, acquisition, or operation of all or a part
10390 of a system for the collection, treatment, and disposal of sewage, if the public entity or other
10391 person fails to comply with the provisions of the contract.
10392 [(b)] (2) The new gas utility service under Subsection (1)(a)(v)(B) shall be provided by
10393 a gas corporation regulated under Section 54-4-1 and not by the district.
10394 [(2) (a) (i) Subject to Subsection (2)(a)(ii), the area of a district under this part may
10395 include all or part of any county or counties, including all or any part of any incorporated
10396 municipalities, other incorporated areas, and unincorporated areas, as the needs of the
10397 inhabitants of the proposed districts may appear.]
10398 [(ii) Notwithstanding Subsection (2)(a)(i), the addition of any territory to a district
10399 under this part shall, on and after June 1, 2001 and as provided in Subsection
10400 17A-2-101.3 (1)(a)(i), be governed by Title 17B, Chapter 2, Part 5, Annexation.]
10401 [(b) The boundaries of a district authorized under this part do not need to be
10402 contiguous.]
10403 [(3) If an improvement district authorized under this part was created solely for the
10404 purpose of acquiring a system for the collection, retention, or disposition of storm and flood
10405 waters, the county legislative body that created the district may, in its discretion and despite
10406 anything to the contrary in Section 17A-2-305 , act as the board of trustees of the district for so
10407 long as it considers desirable.]
10408 (3) An improvement district may not provide sewer service to an area where sewer
10409 service is provided by an existing sewage collection system operated by a municipality or other
10410 political subdivision unless the municipality or other political subdivision gives its written
10411 consent.
10412 Section 293. Section 17B-2a-404 is enacted to read:

10413 17B-2a-404. Improvement district board of trustees.
10414 (1) As used in this section:
10415 (a) "County district" means an improvement district that does not include within its
10416 boundaries any territory of a municipality.
10417 (b) "County member" means a member of a board of trustees of a county district.
10418 (c) "Electric district" means an improvement district that was created for the purpose of
10419 providing electric service.
10420 (d) "Included municipality" means a municipality whose boundaries are entirely
10421 contained within but do not coincide with the boundaries of an improvement district.
10422 (e) "Municipal district" means an improvement district whose boundaries coincide with
10423 the boundaries of a single municipality.
10424 (f) "Regular district" means an improvement district that is not a county district,
10425 electric district, or municipal district.
10426 (g) "Remaining area"means the area of a regular district that:
10427 (i) is outside the boundaries of an included municipality; and
10428 (ii) includes the area of an included municipality whose legislative body elects, under
10429 Subsection (4)(a)(i)(B), not to appoint a member to the board of trustees of the regular district.
10430 (h) "Remaining area member" means a member of a board of trustees of a regular
10431 district who is appointed, or, if applicable, elected to represent the remaining area of the
10432 district.
10433 (2) The legislative body of a municipality included within a municipal district may:
10434 (a) elect, at the time of the creation of the district, to be the board of trustees of the
10435 district; and
10436 (b) adopt at any time a resolution providing for:
10437 (i) the election of board of trustees members, as provided in Section 17B-1-306 ; or
10438 (ii) the appointment of board of trustees members, as provided in Section 17B-1-304 .
10439 (3) The legislative body of a county whose unincorporated area is partly or completely
10440 within a county district may:
10441 (a) elect, at the time of the creation of the district, to be the board of trustees of the
10442 district; and
10443 (b) adopt at any time a resolution providing for:

10444 (i) the election of board of trustees members, as provided in Section 17B-1-306 ; or
10445 (ii) the appointment of board of trustees members, as provided in Section 17B-1-304 .
10446 (4) (a) (i) (A) Except as provided in Subsections (4)(a)(i)(B) and (ii), the legislative
10447 body of each included municipality shall each appoint one member to the board of trustees of a
10448 regular district.
10449 (B) The legislative body of an included municipality may elect not to appoint a
10450 member to the board under Subsection (4)(a)(i)(A).
10451 (ii) If municipalities are combined under Subsection (6)(b)(i), the legislative bodies of
10452 the combined municipalities shall collectively appoint one member to the board of trustees, as
10453 provided in Section 17B-1-304 .
10454 (b) Except as provided in Subsection (5), the legislative body of each county whose
10455 boundaries include a remaining area shall appoint all other members to the board of trustees of
10456 a regular district.
10457 (5) (a) Each remaining area member of a regular district and each county member of a
10458 county district shall be elected, as provided in Section 17B-1-306 , if:
10459 (i) the petition or resolution initiating the creation of the district provided for remaining
10460 area or county members to be elected;
10461 (ii) the district holds an election to approve the district's issuance of bonds;
10462 (iii) for a regular district, an included municipality elects, under Subsection
10463 (4)(a)(i)(B), not to appoint a member to the board of trustees; or
10464 (iv) (A) at least 90 days before the municipal general election, a petition is filed with
10465 the district's board of trustees requesting remaining area members or county members, as the
10466 case may be, to be elected; and
10467 (B) the petition is signed by registered voters within the remaining area or county
10468 district, as the case may be, equal in number to at least 10% of the number of registered voters
10469 within the remaining area or county district, respectively, who voted in the last gubernatorial
10470 election.
10471 (6) (a) Subject to Section 17B-1-302 , the number of members of a board of trustees of
10472 a regular district shall be:
10473 (i) the number of included municipalities within the district, if:
10474 (A) the number is an odd number; and

10475 (B) the district does not include a remaining area;
10476 (ii) the number of included municipalities plus one, if the number of included
10477 municipalities within the district is even;
10478 (iii) the number of included municipalities plus two, if:
10479 (A) the number of included municipalities is odd; and
10480 (B) the district includes a remaining area.
10481 (b) (i) If the number of board members under Subsection (6)(a) exceeds nine, then,
10482 except as provided in Subsection (6)(b)(ii):
10483 (A) the number of members shall be nine; and
10484 (B) the least populated included municipalities shall be combined for purposes of
10485 representation to the extent necessary to result in nine members.
10486 (ii) Application of Subsection (6)(b)(i) may not cause an included municipality to lose
10487 its separate representation on the board until the end of the term of the board member
10488 appointed by that municipality.
10489 (7) (a) Except as provided in Subsection (7)(b), each remaining area member of the
10490 board of trustees of a regular district shall reside within the remaining area.
10491 (b) Notwithstanding Subsection (7)(a), if the population of the remaining area is less
10492 than 5% of the total district population, each remaining area member shall be chosen from the
10493 district at large.
10494 (8) If the election of remaining area or county members of the board of trustees is
10495 required because of a bond election, as provided in Subsection (5)(a)(ii):
10496 (a) a person may file a declaration of candidacy if:
10497 (i) the person resides within:
10498 (A) the remaining area, for a regular district; or
10499 (B) the county district, for a county district; and
10500 (ii) otherwise qualifies as a candidate;
10501 (b) the board of trustees shall, if required, provide a ballot separate from the bond
10502 election ballot, containing the names of candidates and blanks in which a voter may write
10503 additional names; and
10504 (c) the election shall otherwise be governed by Title 20A, Election Code.
10505 (9) (a) (i) This Subsection (9) applies to the board of trustees members of an electric

10506 district.
10507 (ii) Subsections (2) through (8) do not apply to an electric district.
10508 (b) The legislative body of the county in which an electric district is located may
10509 appoint the initial board of trustees of the electric district as provided in Section 17B-1-304 .
10510 (c) After the initial board of trustees is appointed as provided in Subsection (9)(b), each
10511 member of the board of trustees of an electric district shall be elected by persons using
10512 electricity from and within the district.
10513 (d) Each member of the board of trustees of an electric district shall be a user of
10514 electricity from the district and, if applicable, the division of the district from which elected.
10515 (e) The board of trustees of an electric district may be elected from geographic
10516 divisions within the district.
10517 (f) A municipality within an electric district is not entitled to automatic representation
10518 on the board of trustees.
10519 Section 294. Section 17B-2a-405 is enacted to read:
10520 17B-2a-405. Board of trustees of certain improvement districts.
10521 (1) As used in this section:
10522 (a) "Nonappointing municipality" means a municipality that:
10523 (i) is partly included within a sewer improvement district; and
10524 (ii) is not a qualified municipality.
10525 (b) "Qualified county" means a county:
10526 (i) some or all of whose unincorporated area is included within a sewer improvement
10527 district; or
10528 (ii) which includes within its boundaries a nonappointing municipality.
10529 (c) "Qualified municipality" means a municipality that is partly or entirely included
10530 within a sewer improvement district that includes:
10531 (i) all of the municipality that is capable of receiving sewage treatment service from the
10532 sewer improvement district; and
10533 (ii) more than half of:
10534 (A) the municipality's land area; or
10535 (B) the assessed value of all private real property within the municipality.
10536 (d) "Sewer improvement district" means an improvement district that:

10537 (i) provides sewage collection, treatment, and disposal service; and
10538 (ii) made an election under the law in effect before April 30, 2007 to enable it to
10539 continue to appoint its board of trustees members as provided in this section.
10540 (2) (a) Notwithstanding Section 17B-2a-404 , the board of trustees members of a sewer
10541 improvement district shall be appointed as provided in this section.
10542 (b) The board of trustees of a sewer improvement district may revoke the election
10543 under Subsection (1)(d)(ii) and become subject to the provisions of Section 17B-2a-404 only
10544 by the unanimous vote of all members of the sewer improvement district's board of trustees at a
10545 time when there is no vacancy on the board.
10546 (3) (a) The board of trustees of each sewer improvement district shall consist of:
10547 (i) at least one person but not more than three persons appointed by the mayor of each
10548 qualified municipality, with the consent of the legislative body of that municipality; and
10549 (ii) at least one person but not more than three persons appointed by the chair of each
10550 qualified county, with the consent of the legislative body of that county.
10551 (b) Each board of trustees member appointed under Subsection (3)(a)(ii) shall
10552 represent:
10553 (i) the qualified county's unincorporated area that is included within the sewer
10554 improvement district; and
10555 (ii) each nonappointing municipality's area that is included within the sewer
10556 improvement district.
10557 (4) Notwithstanding Subsection 17B-1-302 (2), the number of board of trustees
10558 members of a sewer improvement district shall be the number that results from application of
10559 Subsection (3)(a).
10560 (5) Except as provided in this section, each appointment to the board of trustees of each
10561 sewer improvement district shall be made as provided in Section 17B-1-304 .
10562 (6) A quorum of a board of trustees of a sewer improvement district consists of
10563 members representing more than 50% of the total number of votes of all board members.
10564 (7) Each member of the board of trustees of a sewer improvement district is entitled to
10565 cast one vote for each $10,000,000, or fractional part larger than 1/2 of that amount, of assessed
10566 valuation of private real property taxable for district purposes within the area that the member
10567 represents, as shown by the assessment records of the county and evidenced by a certificate of

10568 the county auditor.
10569 Section 295. Section 17B-2a-406 , which is renumbered from Section 17A-2-302 is
10570 renumbered and amended to read:
10571 [17A-2-302]. 17B-2a-406. Improvement districts providing electric service
10572 -- Public Service Commission jurisdiction -- Exceptions.
10573 [(1) An electric service district may only include an area where:]
10574 [(a) no retail electricity has been provided to commercial, industrial, residential, and
10575 other users of electricity from an investor-owned utility within any part of an area certificated
10576 by the Public Service Commission or an area adjacent to that area, municipal agency, or
10577 electric cooperative within the five years immediately preceding September 1, 1985; and]
10578 [(b) electric service is provided to at least one user of electricity within the electric
10579 service district as of September 1, 1985.]
10580 [(2)] (1) (a) An improvement district that provides electric service [district organized
10581 under this part] as authorized under Subsection 17B-2a-403 (1)(d) is a public utility and subject
10582 to the jurisdiction of the Public Service Commission.
10583 (b) Nothing in this part may be construed to give the Public Service Commission
10584 jurisdiction over [any]:
10585 (i) an improvement district, other than an improvement district that provides electric
10586 service [district organized under this part, or over any] as authorized under Subsection
10587 17B-2a-403 (1)(a)(iv); or
10588 (ii) a municipality or an association of municipalities organized under [the] Title 11,
10589 Chapter 13, Interlocal Cooperation Act.
10590 (c) Before an improvement district providing electric service [district] serves any
10591 customer, the [electric service] improvement district shall obtain a certificate of public
10592 convenience and necessity from the Public Service Commission.
10593 [(3)] (2) (a) Section 54-7-12 does not apply to rate changes of an improvement district
10594 that provides electric service [district subject to the following] as authorized under Subsection
10595 17B-2a-403 (1)(a)(iv) if:
10596 [(a)] (i) the [electric service] district is organized for the purpose of distributing
10597 electricity to customers within the boundaries of the [electric service] district on a not-for-profit
10598 basis;

10599 [(b)] (ii) the schedule of new rates or other change that results in new rates has been
10600 approved by the board of [directors] trustees of the [electric service] district;
10601 [(c)] (iii) prior to the implementation of any rate increases, the [electric service] district
10602 first holds a public meeting for all its customers to whom mailed notice of the meeting is sent
10603 [not less than] at least ten days prior to the meeting; and
10604 [(d)] (iv) the [electric service] district has filed the schedule of new rates or other
10605 change with the [commission] Public Service Commission. [These documents shall be made
10606 available by the commission for public inspection.]
10607 [(4) If an application for certification is not filed by an electric service district
10608 organized under this part and approved by the Public Service Commission by September 1,
10609 1986, all provisions in this part relating to electric service districts are repealed.]
10610 (b) The Public Service Commission shall make the district's schedule of new rates or
10611 other change available for public inspection.
10612 Section 296. Section 17B-2a-501 is enacted to read:
10613 Part 5. Irrigation District Act
10614 17B-2a-501. Title.
10615 This part is known as the "Irrigation District Act."
10616 Section 297. Section 17B-2a-502 is enacted to read:
10617 17B-2a-502. Applicability of this part to irrigation districts.
10618 (1) Each irrigation district is governed by and has the powers stated in:
10619 (a) this part; and
10620 (b) Chapter 1, Provisions Applicable to All Local Districts.
10621 (2) This part applies only to irrigation districts.
10622 (3) An irrigation district is not subject to the provisions of any other part of this
10623 chapter.
10624 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
10625 Local Districts, and a provision in this part, the provision in this part governs.
10626 Section 298. Section 17B-2a-503 is enacted to read:
10627 17B-2a-503. Powers of irrigation districts.
10628 (1) In addition to the powers conferred on an irrigation district under Section
10629 17B-1-103 , an irrigation district may:

10630 (a) issue bonds as provided in and subject to Chapter 1, Part 11, Local District Bonds,
10631 to carry out the purposes of the district;
10632 (b) purchase stock of an irrigation, canal, or reservoir company;
10633 (c) enter upon any land in the district to make a survey and to locate and construct a
10634 canal and any necessary lateral;
10635 (d) convey water rights or other district property to the United States as partial or full
10636 consideration under a contract with the United States;
10637 (e) pursuant to a contract with the United States, lease or rent water to private land, an
10638 entryman, or a municipality in the neighborhood of the district;
10639 (f) if authorized under a contract with the United States, collect money on behalf of the
10640 United States in connection with a federal reclamation project and assume the incident duties
10641 and liabilities;
10642 (g) acquire water from inside or outside the state;
10643 (h) subject to Subsection (2), lease, rent, or sell water not needed by the owners of land
10644 within the district:
10645 (i) to a municipality, corporation, association, or individual inside or outside the
10646 district;
10647 (ii) for irrigation or any other beneficial use; and
10648 (iii) at a price and on terms that the board considers appropriate; and
10649 (i) repair a break in a reservoir or canal or remedy any other district disaster.
10650 (2) (a) The term of a lease or rental agreement under Subsection (1)(h) may not exceed
10651 five years.
10652 (b) A vested or prescriptive right to the use of water may not attach to the land because
10653 of a lease or rental of water under Subsection (1)(h).
10654 (3) Notwithstanding Subsection 17B-1-103 (2)(g), an irrigation district may not levy a
10655 property tax.
10656 Section 299. Section 17B-2a-504 is enacted to read:
10657 17B-2a-504. Irrigation district board of trustees -- Bond for board of trustees
10658 members and district if the district is appointed as fiscal or other agent for the United
10659 States.
10660 (1) (a) One board of trustees member shall be elected from each division established as

10661 provided in Section 17B-2a-505 .
10662 (b) Each landowner within an irrigation district may vote for one board of trustees
10663 member for the division in which the landowner's land is located.
10664 (c) Each landowner is entitled to cast one vote for each acre-foot or fraction of an
10665 acre-foot of water allotted to the land owned by the landowner.
10666 (2) (a) If an irrigation district is appointed fiscal agent of the United States or is
10667 authorized by the United States to collect money on behalf of the United States with respect to
10668 a federal project:
10669 (i) each member of the district's board of trustees shall:
10670 (A) execute an official bond in the amount required by the Secretary of the Interior,
10671 conditioned upon the faithful discharge of the trustee's duties; and
10672 (B) file the official bond in the office of the clerk of the county in which the district is
10673 located; and
10674 (ii) the irrigation district shall execute an additional bond for the district's faithful
10675 discharge of its duties as fiscal or other agent of the United States.
10676 (b) The United States or any person injured by the failure of a member of the board of
10677 trustees or of the district to perform fully, promptly, and completely a duty may sue upon the
10678 official bond.
10679 Section 300. Section 17B-2a-505 is enacted to read:
10680 17B-2a-505. Divisions.
10681 (1) The board of trustees of each irrigation district shall divide the district into
10682 divisions, each as nearly equal in size to the others as practicable.
10683 (2) The number of divisions shall be equal to the number of board of trustees members.
10684 (3) At least 30 days before an election of board of trustees members, the board shall
10685 redivide the district into divisions if, since the last time the board divided the district into
10686 divisions:
10687 (a) the district has annexed land under Chapter 1, Part 4, Annexation;
10688 (b) land has been withdrawn from the district under Chapter 1, Part 5, Withdrawal; or
10689 (c) the number of board of trustees members has been changed.
10690 Section 301. Section 17B-2a-506 is enacted to read:
10691 17B-2a-506. Different use charges for different units -- Use charges based on the

10692 size of the land served -- Use charge may not be based on property value.
10693 (1) An irrigation district may:
10694 (a) divide the district into units and apply different use charges to the different units;
10695 and
10696 (b) base use charges upon the amount of water or electricity the district provides, the
10697 area of the land served, or any other reasonable basis, as determined by the board of trustees.
10698 (2) If an irrigation district imposes a use charge based on the size of the land served:
10699 (a) the district shall notify the treasurer of the county in which the land is located of the
10700 charge to be imposed for each parcel of land served by the district; and
10701 (b) the treasurer of the county in which the land is located:
10702 (i) shall:
10703 (A) provide each landowner a notice of use charges as part of the annual tax notice as
10704 an additional charge separate from ad valorem taxes;
10705 (B) collect, receive, and provide an accounting for all money belonging to the district
10706 from use charges; and
10707 (C) remit to the irrigation district, by the tenth day of each month, the funds previously
10708 collected by the county as use charges on the district's behalf; and
10709 (ii) may receive and account for use charges separately from taxes upon real estate for
10710 county purposes.
10711 (3) A use charge may not be calculated on the basis of property value and does not
10712 constitute an ad valorem property tax or other tax.
10713 Section 302. Section 17B-2a-507 is enacted to read:
10714 17B-2a-507. Right-of-way over state land.
10715 Each irrigation district has a right-of-way on land that is or becomes the property of the
10716 state to locate, construct, and maintain district works.
10717 Section 303. Section 17B-2a-508 is enacted to read:
10718 17B-2a-508. Inclusion of state land in an irrigation district.
10719 (1) State land that is not under a contract of sale may be included in an irrigation
10720 district upon petition by the state entity responsible for the administration of the land.
10721 (2) State land included in an irrigation district may not be:
10722 (a) assessed by the district; or

10723 (b) the subject of use charges imposed by the district.
10724 (3) The entity responsible for the administration of the state land to be included in an
10725 irrigation district and the state engineer shall make a thorough examination of the benefits to
10726 accrue to the land by its inclusion in the district and by the acquisition of water rights for the
10727 land.
10728 (4) (a) The entity responsible for the administration of the state land to be included in
10729 an irrigation district may enter into a contract with the district, specifying the land benefitted
10730 and the amount of benefit, as determined under Subsection (3).
10731 (b) Each contract under Subsection (4)(a) shall provide that the entity responsible for
10732 the administration of the state land shall make annual payments to the district, to be applied to
10733 the cost of constructing the district's irrigation works, until the full amount of the benefit is
10734 paid.
10735 (c) The entity responsible for the administration of state land included in an irrigation
10736 district may, at its option, pay the full amount of the contract at any time.
10737 Section 304. Section 17B-2a-509 is enacted to read:
10738 17B-2a-509. This part not to be construed to prohibit state engineer from
10739 increasing water allotment.
10740 Nothing in this part may be construed to prohibit the state engineer, upon petition by an
10741 irrigation district board of trustees, from increasing the maximum allotment of water for one or
10742 more tracts of land within the district if the state engineer determines that the land cannot be
10743 beneficially irrigated with the currently allotted water.
10744 Section 305. Section 17B-2a-510 is enacted to read:
10745 17B-2a-510. Rules for the distribution and use of water.
10746 (1) Each irrigation district board of trustees shall establish equitable rules for the
10747 distribution and use of water among the owners of land in the district.
10748 (2) The board of trustees of an irrigation district that establishes rules under Subsection
10749 (1) shall, as soon as the rules are adopted, print them in convenient form for distribution in the
10750 district.
10751 Section 306. Section 17B-2a-511 is enacted to read:
10752 17B-2a-511. Distribution of water under a contract with the United States.
10753 If an irrigation district acquires the right to use water under a contract with the United

10754 States, the district shall distribute and apportion water according to the contract and federal
10755 law, rules, and regulations.
10756 Section 307. Section 17B-2a-512 is enacted to read:
10757 17B-2a-512. Removal of land from the assessor's roll.
10758 (1) An irrigation district may direct a county treasurer to remove parcels of land from
10759 the district's billing if:
10760 (a) the land is publicly dedicated to a street, highway, or road; or
10761 (b) the use of the land has so permanently changed as to prevent the beneficial use of
10762 water on it.
10763 (2) Each county treasurer shall comply with the direction of an irrigation district under
10764 Subsection (1).
10765 Section 308. Section 17B-2a-513 is enacted to read:
10766 17B-2a-513. Temporary application of water to land.
10767 (1) Upon the written application of the owner of land that has no water allotment or an
10768 insufficient water allotment, an irrigation district board of trustees may temporarily permit
10769 water to be applied to the land and charge the owner for that water.
10770 (2) Subsection (1) may not be construed to affect an irrigation district's permanent
10771 water allotments.
10772 Section 309. Section 17B-2a-514 is enacted to read:
10773 17B-2a-514. Assignment of the right to water.
10774 With the consent of the irrigation district board of trustees, a landowner in the district
10775 may assign the right to some or all of the water apportioned to the landowner's land for any one
10776 year to another bona fide landowner in the district for use in the district, if all charges for the
10777 water have been paid.
10778 Section 310. Section 17B-2a-515 is enacted to read:
10779 17B-2a-515. Distribution of water when supply is inadequate.
10780 If an irrigation district's water supply is not sufficient to supply all the needs within the
10781 district, the board of trustees may distribute water as the board considers best for all concerned,
10782 subject to distribution and apportionment requirements of a district contract with the United
10783 States and applicable federal law, rule, and regulation.
10784 Section 311. Section 17B-2a-516 is enacted to read:

10785 17B-2a-516. Diversions of water subject to eminent domain law.
10786 Nothing in this part may be construed to authorize any person to divert the water of a
10787 river, creek, stream, canal, or reservoir to the detriment of anyone having a prior right to the
10788 water, unless compensation is previously determined and paid according to the laws of eminent
10789 domain.
10790 Section 312. Section 17B-2a-601 is enacted to read:
10791 Part 6. Metropolitan Water District Act
10792 17B-2a-601. Title.
10793 This part is known as the "Metropolitan Water District Act."
10794 Section 313. Section 17B-2a-602 is enacted to read:
10795 17B-2a-602. Applicability of this part to metropolitan water districts.
10796 (1) Each metropolitan water district is governed by and has the powers stated in:
10797 (a) this part; and
10798 (b) Chapter 1, Provisions Applicable to All Local Districts.
10799 (2) This part applies only to metropolitan water districts.
10800 (3) A metropolitan water district is not subject to the provisions of any other part of
10801 this chapter.
10802 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
10803 Local Districts, and a provision in this part, the provision in this part governs.
10804 Section 314. Section 17B-2a-603 is enacted to read:
10805 17B-2a-603. Powers of metropolitan water districts.
10806 In addition to the powers conferred on a metropolitan water district under Section
10807 17B-1-103 , a metropolitan water district may:
10808 (1) acquire or lease any real or personal property or acquire any interest in real or
10809 personal property, as provided in Subsections 17B-1-103 (2)(a) and (b), whether inside or
10810 outside the district or inside or outside the state;
10811 (2) encumber real or personal property or an interest in real or personal property that
10812 the district owns;
10813 (3) acquire or construct works, facilities, and improvements, as provided in Subsection
10814 17B-1-103 (2)(d), whether inside or outside the district or inside or outside the state;
10815 (4) acquire water, waterworks, water rights, and sources of water necessary or

10816 convenient to the full exercise of the district's powers, whether the water, waterworks, water
10817 rights, or sources of water are inside or outside the district or inside or outside the state, and
10818 encumber, transfer an interest in, or dispose of water, waterworks, water rights, and sources of
10819 water;
10820 (5) develop, store, and transport water;
10821 (6) provide, sell, lease, and deliver water inside or outside the district for any lawful
10822 beneficial use;
10823 (7) issue bonds as provided in and subject to Chapter 1, Part 11, Local District Bonds,
10824 to carry out the purposes of the district; and
10825 (8) subscribe for, purchase, lease, or otherwise acquire stock in a canal company,
10826 irrigation company, water company, or water users association, for the purpose of acquiring the
10827 right to use water or water infrastructure.
10828 Section 315. Section 17B-2a-604 is enacted to read:
10829 17B-2a-604. Board of trustees.
10830 (1) Members of the board of trustees of a metropolitan water district shall be appointed
10831 as provided in this section.
10832 (2) If a district contains the area of a single municipality:
10833 (a) the legislative body of that municipality shall appoint each member of the board of
10834 trustees; and
10835 (b) one member shall be the officer with responsibility over the municipality's water
10836 supply and distribution system, if the system is municipally owned.
10837 (3) If a district contains some or all of the retail water service area of more than one
10838 municipality:
10839 (a) the legislative body of each municipality shall appoint the number of members for
10840 that municipality as determined under Subsection (3)(b);
10841 (b) subject to Subsection (3)(c), the number of members appointed by each
10842 municipality shall be determined:
10843 (i) by agreement between the metropolitan water district and the municipalities, subject
10844 to the maximum stated in Subsection 17B-1-302 (2); or
10845 (ii) as provided in Chapter 1, Part 3, Board of Trustees; and
10846 (c) at least one member shall be appointed by each municipality.

10847 (4) Each member of the board of trustees of a metropolitan water district shall be:
10848 (a) a registered voter;
10849 (b) a property taxpayer; and
10850 (c) a resident of:
10851 (i) the metropolitan water district; and
10852 (ii) the retail water service area of the municipality whose legislative body appoints the
10853 member.
10854 (5) Each trustee shall be appointed without regard to partisan political affiliations from
10855 among citizens of the highest integrity, attainment, competence, and standing in the
10856 community.
10857 (6) Except as provided in Subsection (8), if a member becomes elected or appointed to
10858 office in or becomes an employee of the municipality whose legislative body appointed the
10859 member, the member shall immediately forfeit the office, and the member's position on the
10860 board is vacant until filled as provided in Section 17B-1-306 .
10861 (7) Except as provided in Subsection (8), the term of office of each member of the
10862 board of trustees is as provided in Section 17B-1-303 .
10863 (8) Subsections (4), (6), and (7) do not apply to a member who is a member under
10864 Subsection (2)(b).
10865 Section 316. Section 17B-2a-605 is enacted to read:
10866 17B-2a-605. Preferential rights of cities.
10867 (1) Each city whose area is within a metropolitan water district and that provides water
10868 on a retail level within the district has a preferential right to purchase from the district a portion
10869 of the water served by the district.
10870 (2) Except as otherwise provided by contract between a metropolitan water district and
10871 the city, the percentage of the total district water supply that a city has a preferential right to
10872 purchase under Subsection (1) is the same percentage as the total amount of taxes levied by the
10873 district against property within the city's retail water service area is of the total of all taxes
10874 levied by the district against all property within the district.
10875 (3) (a) Nothing in this section may be construed to limit the ability of a metropolitan
10876 water district to establish preferential rights by contract with a city that has preferential rights
10877 under this section.

10878 (b) Each agreement described in Subsection (3)(a) entered into before April 30, 2007 is
10879 ratified, validated, and confirmed.
10880 Section 317. Section 17B-2a-606 is enacted to read:
10881 17B-2a-606. Rates, charges, and assessments.
10882 (1) (a) The board of trustees may fix the rates, charges, and assessments, from time to
10883 time, at which the district:
10884 (i) sells water; or
10885 (ii) charges for the treatment or transportation of water or for the dedication of water
10886 supplies or water treatment or conveyance capacities.
10887 (b) The rates, charges, and assessments may be established by agreement between the
10888 district and the municipalities serviced by the district.
10889 (2) Rates fixed under Subsection (1)(a) shall be equitable, although not necessarily
10890 equal or uniform, for like classes of service throughout the district.
10891 (3) Each agreement described in Subsection (1)(b) entered into before April 30, 2007
10892 that otherwise complies with the law is ratified, validated, and confirmed.
10893 Section 318. Section 17B-2a-607 is enacted to read:
10894 17B-2a-607. Contracts with other corporations.
10895 (1) A metropolitan water district may:
10896 (a) contract with one or more corporations, public or private, for the purpose of:
10897 (i) financing acquisitions, constructions, or operations of the district; or
10898 (ii) carrying out any of the district's powers;
10899 (b) in a contract under Subsection (1)(a), obligate itself severally or jointly with the
10900 other corporation or corporations; and
10901 (c) secure, guarantee, or become surety for the payment of an indebtedness or the
10902 performance of a contract or other obligation incurred or entered into by a corporation whose
10903 shares of stock the district has acquired.
10904 (2) A contract under Subsection (1)(a) may:
10905 (a) provide for:
10906 (i) contributions to be made by each contracting party;
10907 (ii) the division and apportionment of:
10908 (A) the expenses of acquisitions and operations; and

10909 (B) the contractual benefits, services, and products; and
10910 (iii) an agency to make acquisitions and carry on operations under the contract; and
10911 (b) contain covenants and agreements as necessary or convenient to accomplish the
10912 purposes of the contract.
10913 Section 319. Section 17B-2a-701 is enacted to read:
10914 Part 7. Mosquito Abatement District Act
10915 17B-2a-701. Title.
10916 This part is known as the "Mosquito Abatement District Act."
10917 Section 320. Section 17B-2a-702 is enacted to read:
10918 17B-2a-702. Applicability of this part to mosquito abatement districts.
10919 (1) Each mosquito abatement district is governed by and has the powers stated in:
10920 (a) this part; and
10921 (b) Chapter 1, Provisions Applicable to All Local Districts.
10922 (2) This part applies only to mosquito abatement districts.
10923 (3) A mosquito abatement district is not subject to the provisions of any other part of
10924 this chapter.
10925 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
10926 Local Districts, and a provision in this part, the provision in this part governs.
10927 Section 321. Section 17B-2a-703 is enacted to read:
10928 17B-2a-703. Mosquito abatement district powers.
10929 In addition to the powers conferred on a mosquito abatement district under Section
10930 17B-1-103 , a mosquito abatement district may:
10931 (1) take all necessary and proper steps for the extermination of mosquitos, flies,
10932 crickets, grasshoppers, and other insects:
10933 (a) within the district; or
10934 (b) outside the district, if lands inside the district are benefitted;
10935 (2) abate as nuisances all stagnant pools of water and other breeding places for
10936 mosquitos, flies, crickets, grasshoppers, or other insects anywhere inside or outside the state
10937 from which mosquitos migrate into the district;
10938 (3) enter upon territory referred to in Subsections (1) and (2) in order to inspect and
10939 examine the territory and to remove from the territory, without notice, stagnant water or other

10940 breeding places for mosquitos, flies, crickets, grasshoppers, or other insects;
10941 (4) issue bonds as provided in and subject to Chapter 1, Part 11, Local District Bonds,
10942 to carry out the purposes of the district;
10943 (5) make a contract to indemnify or compensate an owner of land or other property for
10944 injury or damage necessarily caused by the exercise of district powers or arising out of the use,
10945 taking, or damage of property for a district purpose; and
10946 (6) establish a reserve fund, not to exceed the greater of 25% of the district's annual
10947 operating budget and $50,000, to pay for extraordinary abatement measures, including a
10948 vector-borne public health emergency.
10949 Section 322. Section 17B-2a-704 is enacted to read:
10950 17B-2a-704. Appointment of mosquito abatement district board of trustees
10951 members.
10952 (1) (a) Notwithstanding Subsection 17B-1-302 (2) and subject to Subsection (1)(b), the
10953 legislative body of each municipality that is entirely or partly included within a mosquito
10954 abatement district shall appoint one member to the board of trustees.
10955 (b) If 75% or more of the area of a mosquito abatement district is within the boundaries
10956 of a single municipality:
10957 (i) the board of trustees shall consist of five members; and
10958 (ii) the legislative body of that municipality shall appoint all five members of the
10959 board.
10960 (2) The legislative body of each county in which a mosquito abatement district is
10961 located shall appoint one member to the district's board of trustees if:
10962 (a) some or all of the county's unincorporated area is included within the boundaries of
10963 the mosquito abatement district; or
10964 (b) (i) the number of municipalities that are entirely or partly included within the
10965 district is an even number less than nine; and
10966 (ii) Subsection (1)(b) does not apply.
10967 (3) If the number of board members appointed by application of Subsections (1) and
10968 (2)(a) is an even number less than nine, the legislative body of the county in which the district
10969 is located shall appoint an additional member.
10970 (4) Each board of trustees member shall be appointed as provided in Section

10971 17B-1-304 .
10972 (5) Each vacancy on a mosquito abatement district board of trustees shall be filled by
10973 the applicable appointing authority as provided in Section 17B-1-304 .
10974 Section 323. Section 17B-2a-705 , which is renumbered from Section 17A-2-910 is
10975 renumbered and amended to read:
10976 [17A-2-910]. 17B-2a-705. Taxation -- Additional levy -- Election.
10977 (1) [When it appears to the] If a mosquito abatement district board of trustees
10978 determines that the funds required during the next ensuing fiscal year will exceed the maximum
10979 amount [which] that the [county legislative body] district is authorized to levy [for the annual
10980 district tax] under Section 17B-2a-705 , the board of trustees may call an election and submit to
10981 [the electors of the] district voters the question of whether [a tax shall be voted for raising] the
10982 district should be authorized to impose an additional tax to raise the necessary additional funds.
10983 (2) [Notice] The board shall, for at least four weeks before the election:
10984 (a) publish notice of the election [therefor shall be published for at least four weeks
10985 prior to the election] in a daily or weekly newspaper published in the district[.]; or
10986 (b) if there is no daily or weekly newspaper published in the district, post notice of the
10987 election in three public places in the district.
10988 (3) No particular form of ballot [shall be] is required, and no informalities in
10989 conducting the election [shall] may invalidate the [same] election, if [the election] it is
10990 otherwise fairly conducted.
10991 (4) At the election [the ballots] each ballot shall contain the words, "Shall the district
10992 [vote a] be authorized to impose an additional tax to raise the additional sum of $____?"
10993 (5) The board of trustees shall canvass the votes cast at the election, and, if a majority
10994 of the votes cast are in favor of the imposition of the tax, the [board of trustees shall report the
10995 same to the county legislative body, stating] district is authorized to impose an additional levy
10996 to raise the additional amount of money required [to be raised].
10997 [(6) The county legislative body shall at the time of levying general county taxes levy
10998 an additional tax upon all of the taxable property in the district voting such additional tax.]
10999 Section 324. Section 17B-2a-801 is enacted to read:
11000 Part 8. Public Transit District Act
11001 17B-2a-801. Title.

11002 This part is known as the "Public Transit District Act."
11003 Section 325. Section 17B-2a-802 is enacted to read:
11004 17B-2a-802. Definitions.
11005 As used in this part:
11006 (1) "Department" means the Department of Transportation created in Section 72-1-201 .
11007 (2) "Multicounty district" means a public transit district located in more than one
11008 county.
11009 (3) "Operator" means a public entity or other person engaged in the transportation of
11010 passengers for hire.
11011 (4) "Public transit" means the transportation of passengers only and their incidental
11012 baggage by means other than:
11013 (a) chartered bus;
11014 (b) sightseeing bus;
11015 (c) taxi; or
11016 (d) other vehicle not on an individual passenger fare paying basis.
11017 (5) "Transit facility" means a transit vehicle, transit station, depot, passenger loading or
11018 unloading zone, parking lot, or other facility:
11019 (a) leased by or operated by or on behalf of a public transit district; and
11020 (b) related to the public transit services provided by the district, including:
11021 (i) railway or other right-of-way;
11022 (ii) railway line; and
11023 (iii) a reasonable area immediately adjacent to a designated stop on a route traveled by
11024 a transit vehicle.
11025 (6) "Transit vehicle" means a passenger bus, coach, railcar, van, or other vehicle
11026 operated as public transportation by a public transit district.
11027 Section 326. Section 17B-2a-803 is enacted to read:
11028 17B-2a-803. Applicability of this part to public transit districts.
11029 (1) (a) Each public transit district is governed by and has the powers stated in:
11030 (i) this part; and
11031 (ii) except as provided in Subsection (1)(b), Chapter 1, Provisions Applicable to All
11032 Local Districts.

11033 (b) (i) Except for Sections 17B-1-301 , 17B-1-311 , and 17B-1-313 , the provisions of
11034 Chapter 1, Part 3, Board of Trustees, do not apply to public transit districts.
11035 (ii) A public transit district is not subject to Chapter 1, Part 6, Fiscal Procedures for
11036 Local Districts.
11037 (2) This part applies only to public transit districts.
11038 (3) A public transit district is not subject to the provisions of any other part of this
11039 chapter.
11040 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
11041 Local Districts, and a provision in this part, the provision in this part governs.
11042 Section 327. Section 17B-2a-804 is enacted to read:
11043 17B-2a-804. Powers of public transit districts.
11044 (1) In addition to the powers conferred on a public transit district under Section
11045 17B-1-103 , a public transit district may:
11046 (a) provide a public transit system for the transportation of passengers and their
11047 incidental baggage;
11048 (b) notwithstanding Subsection 17B-1-103 (2)(i) and subject to Section 17B-2a-817 ,
11049 levy and collect property taxes only for the purpose of paying:
11050 (i) principal and interest of bonded indebtedness of the public transit district; or
11051 (ii) a final judgment against the public transit district if:
11052 (A) the amount of the judgment exceeds the amount of any collectable insurance or
11053 indemnity policy; and
11054 (B) the district is required by a final court order to levy a tax to pay the judgment;
11055 (c) insure against:
11056 (i) loss of revenues from damage to or destruction of some or all of a public transit
11057 system from any cause;
11058 (ii) public liability;
11059 (iii) property damage; or
11060 (iv) any other type of event, act, or omission;
11061 (d) acquire, contract for, lease, construct, own, operate, control, or use:
11062 (i) a right-of-way, rail line, monorail, bus line, station, platform, switchyard, terminal,
11063 parking lot, or any other facility necessary or convenient for public transit service; or

11064 (ii) any structure necessary for access by persons and vehicles;
11065 (e) (i) hire, lease, or contract for the supplying or management of a facility, operation,
11066 equipment, service, employee, or management staff of an operator; and
11067 (ii) provide for a sublease or subcontract by the operator upon terms that are in the
11068 public interest;
11069 (f) operate feeder bus lines and other feeder services as necessary;
11070 (g) accept a grant, contribution, or loan, directly through the sale of securities or
11071 equipment trust certificates or otherwise, from the United States, or from a department,
11072 instrumentality, or agency of the United States, to:
11073 (i) establish, finance, construct, improve, maintain, or operate transit facilities and
11074 equipment; or
11075 (ii) study and plan transit facilities in accordance with any legislation passed by
11076 Congress;
11077 (h) cooperate with and enter into an agreement with the state or an agency of the state
11078 to establish transit facilities and equipment or to study or plan transit facilities;
11079 (i) issue bonds as provided in and subject to Chapter 1, Part 11, Local District Bonds,
11080 to carry out the purposes of the district;
11081 (j) from bond proceeds or any other available funds, reimburse the state or an agency of
11082 the state for an advance or contribution from the state or state agency; and
11083 (k) do anything necessary to avail itself of any aid, assistance, or cooperation available
11084 under federal law, including complying with labor standards and making arrangements for
11085 employees required by the United States or a department, instrumentality, or agency of the
11086 United States.
11087 (2) A public transit district may be funded from any combination of federal, state, or
11088 local funds.
11089 (3) A public transit district may not acquire property by eminent domain.
11090 Section 328. Section 17B-2a-805 is enacted to read:
11091 17B-2a-805. Limitations on authority of a public transit district.
11092 (1) A public transit district may not exercise control over a transit facility owned or
11093 operated inside or outside the district by a governmental entity unless, upon mutually agreeable
11094 terms, the governmental entity consents.

11095 (2) (a) A public transit district may not establish, directly or indirectly, a public transit
11096 service or system, or acquire a facility necessary or incidental to a public transit service or
11097 system, in a manner or form that diverts, lessens, or competes for the patronage or revenue of a
11098 preexisting system of a publicly or privately owned public carrier furnishing like service, unless
11099 the district obtains the consent of the publicly or privately owned carrier.
11100 (b) A public transit district's maintenance and operation of an existing system that the
11101 district acquires from a publicly or privately owned public carrier may not be considered to be
11102 the establishment of a public transit service or system under this Subsection (2).
11103 Section 329. Section 17B-2a-806 is enacted to read:
11104 17B-2a-806. Authority of the state or an agency of the state with respect to a
11105 public transit district.
11106 (1) The state or an agency of the state may:
11107 (a) make public contributions to a public transit district as in the judgment of the
11108 Legislature or governing board of the agency are necessary or proper;
11109 (b) authorize a public transit district to perform, or aid and assist a public transit district
11110 in performing, an activity that the state or agency is authorized by law to perform.
11111 (2) (a) A county or municipality involved in the establishment and operation of a
11112 public transit district may provide funds necessary for the operation and maintenance of the
11113 district.
11114 (b) A county's use of property tax funds to establish and operate a public transit district
11115 within any part of the county is a county purpose under Section 17-53-220 .
11116 Section 330. Section 17B-2a-807 , which is renumbered from Section 17A-2-1038 is
11117 renumbered and amended to read:
11118 [17A-2-1038]. 17B-2a-807. Public transit district board of trustees --
11119 Appointment -- Apportionment -- Qualifications -- Quorum -- Compensation -- Terms.
11120 [(1) (a) All powers, privileges, and duties vested in any incorporated district shall be
11121 performed by a board of trustees.]
11122 [(b) The board may delegate the exercise of any duty to any of the offices created under
11123 this part.]
11124 [(2)] (1) (a) If 200,000 people or fewer reside within the [district] boundaries[: (a) (i)]
11125 of a public transit district, the board of trustees shall consist of[: (A)] members appointed by

11126 the legislative bodies of each municipality, county, or unincorporated area within any county on
11127 the basis of one member for each full unit of regularly scheduled passenger routes proposed to
11128 be served by the district in each municipality or unincorporated area within any county in the
11129 following calendar year[; and].
11130 [(B) for] (b) For purposes of determining membership under Subsection [(2)]
11131 (1)(a)[(i)(A)], the number of service miles comprising a unit shall be determined jointly by the
11132 legislative bodies of the municipalities or counties comprising the district[; and].
11133 [(ii) the] (c) The board of trustees of a public transit district under this Subsection (1)
11134 may [consist of] include a member that is a commissioner on the Transportation Commission
11135 created in Section 72-1-301 and appointed as provided in Subsection (10), who shall serve as a
11136 nonvoting, ex officio member[;].
11137 [(b) members] (d) Members appointed under this Subsection [(2)] (1) shall be
11138 appointed and added to the board or omitted from the board at the time scheduled routes are
11139 changed, or as municipalities, counties, or unincorporated areas of counties annex to or
11140 withdraw from the district using the same appointment procedures[; and].
11141 [(c) for] (e) For purposes of appointing members under this Subsection [(2)(b)] (1),
11142 municipalities, counties, and unincorporated areas of counties in which regularly scheduled
11143 passenger routes proposed to be served by the district in the following calendar year is less than
11144 a full unit, as defined in Subsection [(2)(a)] (1)(b), may combine with any other similarly
11145 situated municipality or unincorporated area to form a whole unit and may appoint one member
11146 for each whole unit formed.
11147 [(3)] (2) (a) If more than 200,000 people reside within the [district] boundaries of a
11148 public transit district, the board of trustees shall consist of 15 members appointed as described
11149 under this Subsection [(3)] (2) and one nonvoting, ex officio member appointed as provided in
11150 Subsection (10).
11151 (b) Except as provided [under] in Subsections [(3)] (2)(c) and [(3)](d), the board shall
11152 apportion voting members to each county within the district using an average of:
11153 (i) the proportion of population included in the district and residing within each county,
11154 rounded to the nearest 1/15 of the total transit district population; and
11155 (ii) the proportion of transit sales and use tax collected from areas included in the
11156 district and within each county, rounded to the nearest 1/15 of the total transit sales and use tax

11157 collected for the transit district.
11158 (c) The board shall join an entire or partial county not apportioned a voting member
11159 under this Subsection [(3)] (2) with an adjacent county for representation. The combined
11160 apportionment basis included in the district of both counties shall be used for the
11161 apportionment.
11162 (d) (i) If rounding to the nearest 1/15 of the total public transit district apportionment
11163 basis under Subsection [(3)] (2)(b) results in an apportionment of[: (i)] more than 15 members,
11164 the county or combination of counties with the smallest additional fraction of a whole member
11165 proportion shall have one less member apportioned to it[; or].
11166 (ii) If rounding to the nearest 1/15 of the total public transit district apportionment basis
11167 under Subsection (2)(b) results in an apportionment of less than 15 members, the county or
11168 combination of counties with the largest additional fraction of a whole member proportion shall
11169 have one more member apportioned to it.
11170 (e) If the population in the unincorporated area of a county is at least 1/15 of the
11171 district's population, the county executive, with the advice and consent of the county legislative
11172 body, shall appoint one voting member to represent each 1/15 of the district's population within
11173 a county's unincorporated area population.
11174 (f) If a municipality's population is at least 1/15 of the district's population, the chief
11175 municipal executive, with the advice and consent of the municipal legislative body, shall
11176 appoint one voting member to represent each 1/15 of the district's population within a
11177 municipality.
11178 (g) The number of voting members appointed from a county and municipalities within
11179 a county under Subsections [(3)] (2)(e) and (f) shall be subtracted from the county's total voting
11180 member apportionment under this Subsection [(3)] (2).
11181 (h) If the entire county is within the district, the remaining voting members for the
11182 county shall represent the county or combination of counties, if Subsection [(3)] (2)(c) applies,
11183 or the municipalities within the county.
11184 (i) If the entire county is not within the district, and the county is not joined with
11185 another county under Subsection [(3)] (2)(c), the remaining voting members for the county
11186 shall represent a municipality or combination of municipalities.
11187 (j) Except as provided under Subsections [(3)] (2)(e) and (f), voting members

11188 representing counties, combinations of counties if Subsection [(3)] (2)(c) applies, or
11189 municipalities within the county shall be designated and appointed by a simple majority of the
11190 chief executives of the municipalities within the county or combinations of counties if
11191 Subsection [(3)] (2)(c) applies. The appointments shall be made by joint written agreement of
11192 the appointing municipalities, with the consent and approval of the county legislative body of
11193 the county that has at least 1/15 of the district's apportionment basis.
11194 (k) Voting members representing a municipality or combination of municipalities shall
11195 be designated and appointed by the chief executive officer of the municipality or simple
11196 majority of chief executive officers of municipalities with the consent of the legislative body of
11197 the municipality or municipalities.
11198 (l) The appointment of voting members shall be made without regard to partisan
11199 political affiliation from among citizens in the community.
11200 (m) Each voting member shall be a bona fide resident of the municipality, county, or
11201 unincorporated area or areas which the voting member is to represent for at least six months
11202 before the date of appointment, and must continue in that residency to remain qualified to serve
11203 as a voting member.
11204 (n) (i) All population figures used under this section shall be derived from the most
11205 recent official census or census estimate of the United States Bureau of the Census.
11206 (ii) If population estimates are not available from the United States Bureau of Census,
11207 population figures shall be derived from the estimate from the Utah Population Estimates
11208 Committee.
11209 (iii) All transit sales and use tax totals shall be obtained from the State Tax
11210 Commission.
11211 (o) (i) The board shall be apportioned as provided under this section in conjunction with
11212 the decennial United States Census Bureau report every ten years.
11213 (ii) Within 120 days following the receipt of the population estimates under this
11214 Subsection [(5)(k)] (2)(o), the district shall reapportion representation on the board of trustees
11215 in accordance with this section.
11216 (iii) The board shall adopt by resolution a schedule reflecting the current and proposed
11217 apportionment.
11218 (iv) Upon adoption of the resolution, the board shall forward a copy of the resolution to

11219 each of its constituent entities as defined under Section [ 17A-1-501 ] 17B-1-701 .
11220 (v) The appointing entities gaining a new board member shall appoint a new member
11221 within 30 days following receipt of the resolution.
11222 (vi) The appointing entities losing a board member shall inform the board of which
11223 member currently serving on the board will step down upon appointment of a new member
11224 under Subsection [(5)(k)] (2)(o)(v).
11225 (3) Upon the completion of an annexation to a public transit district under Chapter 1,
11226 Part 4, Annexation, the annexed area shall have a representative on the board of trustees on the
11227 same basis as if the area had been included in the district as originally organized.
11228 (4) (a) Except the initial members of the board, the terms of office of the voting
11229 members of the board shall be two years or until a successor is appointed, qualified, seated, and
11230 has taken the oath of office.
11231 (b) At the first meeting of the initial members of the board held after July 1, 2004,
11232 voting members of the board shall designate by the drawing of lots for 1/2 of their number to
11233 serve for one-year terms and 1/2 for two-year terms.
11234 (c) A voting member may not be appointed for more than three successive full terms.
11235 (5) (a) Vacancies for voting members shall be filled by the official appointing the
11236 member creating the vacancy for the unexpired term, unless the official fails to fill the vacancy
11237 within 90 days.
11238 (b) If the appointing official under Subsection [(2)] (1) does not fill the vacancy within
11239 90 days, the board of trustees of the authority shall fill the vacancy.
11240 (c) If the appointing official under Subsection [(3)] (2) does not fill the vacancy within
11241 90 days, the governor, with the advice and consent of the Senate, shall fill the vacancy.
11242 (6) (a) Each voting member may cast one vote on all questions, orders, resolutions, and
11243 ordinances coming before the board of trustees.
11244 (b) A majority of all voting members of the board of trustees are a quorum for the
11245 transaction of business.
11246 (c) The affirmative vote of a majority of all voting members present at any meeting at
11247 which a quorum was initially present shall be necessary and, except as otherwise provided, is
11248 sufficient to carry any order, resolution, ordinance, or proposition before the board of trustees.
11249 (7) [The] Each public transit district shall pay to each voting member:

11250 (a) an attendance fee of $50 per board or committee meeting attended, not to exceed
11251 $200 in any calendar month to any voting member; and
11252 (b) reasonable mileage and expenses necessarily incurred to attend board or committee
11253 meetings.
11254 (8) (a) Members of the initial board of trustees shall convene at the time and place
11255 fixed by the chief executive officer of the entity initiating the proceedings.
11256 (b) Immediately upon convening, the board of trustees shall elect from its voting
11257 membership a president, vice president, and secretary who shall serve for a period of two years
11258 or until their successors shall be elected and qualified.
11259 (9) At the time of a voting member's appointment or during a voting member's tenure
11260 in office, a voting member may not hold any employment, except as an independent contractor
11261 or elected public official, with a county or municipality within the district.
11262 (10) The Transportation Commission created in Section 72-1-301 :
11263 (a) for a public transit [districts] district serving a population of 200,000 people or
11264 fewer, may appoint a commissioner of the Transportation Commission to serve on the board of
11265 trustees as a nonvoting, ex officio member; and
11266 (b) for a public transit [districts] district serving a population of more than 200,000
11267 people, shall appoint a commissioner of the Transportation Commission to serve on the board
11268 of trustees as a nonvoting, ex officio member.
11269 (11) (a) (i) Each member of the board of trustees of a public transit district is subject to
11270 recall at any time by the legislative body of the county or municipality from which the member
11271 is appointed.
11272 (ii) Each recall of a board of trustees member shall be made in the same manner as the
11273 original appointment.
11274 (iii) The legislative body recalling a board of trustees member shall provide written
11275 notice to the member being recalled.
11276 (b) Upon providing written notice to the board of trustees, a member of the board may
11277 resign from the board of trustees.
11278 (c) If a board member is recalled or resigns under this Subsection (11), the vacancy
11279 shall be filled as provided in Subsection (5).
11280 Section 331. Section 17B-2a-808 is enacted to read:

11281 17B-2a-808. Public transit district board of trustees powers and duties --
11282 Adoption of ordinances, resolutions, or orders -- Effective date of ordinances.
11283 (1) The powers and duties of a board of trustees of a public transit district stated in this
11284 section are in addition to the powers and duties stated in Section 17B-1-301 .
11285 (2) The board of trustees of each public transit district shall:
11286 (a) appoint and fix the salary of a general manager, as provided in Section 17B-2a-811 ;
11287 (b) determine the transit facilities that the district should acquire or construct;
11288 (c) supervise and regulate each transit facility that the district owns and operates,
11289 including:
11290 (i) fixing rates, fares, rentals, and charges and any classifications of rates, fares, rentals,
11291 and charges; and
11292 (ii) making and enforcing rules, regulations, contracts, practices, and schedules for or
11293 in connection with a transit facility that the district owns or controls;
11294 (d) control the investment of all funds assigned to the district for investment, including
11295 funds:
11296 (i) held as part of a district's retirement system; and
11297 (ii) invested in accordance with the participating employees' designation or direction
11298 pursuant to an employee deferred compensation plan established and operated in compliance
11299 with Section 457 of the Internal Revenue Code;
11300 (e) invest all funds according to the procedures and requirements of Title 51, Chapter
11301 7, State Money Management Act;
11302 (f) if a custodian is appointed under Subsection (3)(d), pay the fees for the custodian's
11303 services from the interest earnings of the investment fund for which the custodian is appointed;
11304 (g) (i) cause an annual audit of all district books and accounts to be made by an
11305 independent certified public accountant;
11306 (ii) as soon as practicable after the close of each fiscal year, submit to the chief
11307 administrative officer and legislative body of each county and municipality with territory
11308 within the district a financial report showing:
11309 (A) the result of district operations during the preceding fiscal year; and
11310 (B) the district's financial status on the final day of the fiscal year; and
11311 (iii) supply copies of the report under Subsection (2)(g)(ii) to the general public upon

11312 request in a quantity that the board considers appropriate; and
11313 (h) report at least annually to the Transportation Commission created in Section
11314 72-1-301 the district's short-term and long-range public transit plans, including the transit
11315 portions of applicable regional transportation plans adopted by a metropolitan planning
11316 organization established under 23 U.S.C. Sec. 134.
11317 (3) A board of trustees of a public transit district may:
11318 (a) subject to Subsection (5), make and pass ordinances, resolutions, and orders that
11319 are:
11320 (i) not repugnant to the United States Constitution, the Utah Constitution, or the
11321 provisions of this part; and
11322 (ii) necessary for:
11323 (A) the government and management of the affairs of the district;
11324 (B) the execution of district powers; and
11325 (C) carrying into effect the provisions of this part;
11326 (b) provide by resolution, under terms and conditions the board considers fit, for the
11327 payment of demands against the district without prior specific approval by the board, if the
11328 payment is:
11329 (i) for a purpose for which the expenditure has been previously approved by the board;
11330 (ii) in an amount no greater than the amount authorized; and
11331 (iii) approved by the general manager or other officer or deputy as the board prescribes;
11332 (c) (i) hold public hearings and subpoena witnesses; and
11333 (ii) appoint district officers to conduct a hearing and require the officers to make
11334 findings and conclusions and report them to the board; and
11335 (d) appoint a custodian for the funds and securities under its control, subject to
11336 Subsection (2)(f).
11337 (4) A member of the board of trustees of a public transit district or a hearing officer
11338 designated by the board may administer oaths and affirmations in a district investigation or
11339 proceeding.
11340 (5) (a) The vote of the board of trustees on each ordinance shall be by roll call vote
11341 with each affirmative and negative vote recorded.
11342 (b) (i) Subject to Subsection (5)(b)(ii), the board of trustees may adopt a resolution or

11343 order by voice vote.
11344 (ii) The vote of the board of trustees on a resolution or order shall be by roll call vote if
11345 a member of the board so demands.
11346 (c) (i) Except as provided in Subsection (5)(c)(ii), the board of trustees of a public
11347 transit district may not adopt an ordinance unless it is:
11348 (A) introduced at least a day before the board of trustees adopts it; or
11349 (B) mailed by registered mail, postage prepaid, to each member of the board of trustees
11350 at least five days before the day upon which the ordinance is presented for adoption.
11351 (ii) Subsection (5)(c)(i) does not apply if the ordinance is adopted by a unanimous vote
11352 of all board members present at a meeting at which at least 3/4 of all board members are
11353 present.
11354 (d) Each ordinance adopted by a public transit district's board of trustees shall take
11355 effect upon adoption, unless the ordinance provides otherwise.
11356 Section 332. Section 17B-2a-809 , which is renumbered from Section 17A-2-1060.1 is
11357 renumbered and amended to read:
11358 [17A-2-1060.1]. 17B-2a-809. Public transit districts to submit agendas and
11359 minutes of board meetings.
11360 (1) The board of trustees of each public transit district shall submit to each constituent
11361 entity, as defined in Section [ 17A-1-501 ] 17B-1-701 :
11362 (a) a copy of the board agenda and a notice of the location and time of the board
11363 meeting within the same time frame provided to members of the board prior to the meeting;
11364 and
11365 (b) a copy of the minutes of board meetings within five working days following
11366 approval of the minutes.
11367 (2) The board may submit notices, agendas, and minutes by electronic mail if agreed to
11368 by the constituent entity as defined under Section [ 17A-1-501 ] 17B-1-701 .
11369 Section 333. Section 17B-2a-810 is enacted to read:
11370 17B-2a-810. Officers of a public transit district.
11371 (1) (a) The officers of a public transit district shall consist of:
11372 (i) the members of the board of trustees;
11373 (ii) a president and vice president, appointed by the board of trustees, subject to

11374 Subsection (1)(b);
11375 (iii) a secretary, appointed by the board of trustees;
11376 (iv) a general manager, appointed by the board of trustees as provided in Section
11377 17B-2a-811 ;
11378 (v) a general counsel, appointed by the board of trustees, subject to Subsection (1)(c);
11379 (vi) a treasurer, appointed as provided in Section 17B-1-633 ;
11380 (vii) a comptroller, appointed by the board of trustees, subject to Subsection (1)(d); and
11381 (viii) other officers, assistants, and deputies that the board of trustees considers
11382 necessary.
11383 (b) The district president and vice president shall be members of the board of trustees.
11384 (c) The person appointed as general counsel shall:
11385 (i) be admitted to practice law in the state; and
11386 (ii) have been actively engaged in the practice of law for at least seven years next
11387 preceding the appointment.
11388 (d) The person appointed as comptroller shall have been actively engaged in the
11389 practice of accounting for at least seven years next preceding the appointment.
11390 (2) (a) The district's general manager shall appoint all officers and employees not
11391 specified in Subsection (1).
11392 (b) Each officer and employee appointed by the district's general manager serves at the
11393 pleasure of the general manager.
11394 (3) The board of trustees shall by ordinance or resolution fix the compensation of all
11395 district officers and employees, except as otherwise provided in this part.
11396 (4) (a) Each officer appointed by the board of trustees or by the district's general
11397 manager shall take the oath of office specified in Utah Constitution Article IV, Section 10.
11398 (b) Each oath under Subsection (4)(a) shall be subscribed and filed with the district
11399 secretary no later than 15 days after the commencement of the officer's term of office.
11400 Section 334. Section 17B-2a-811 is enacted to read:
11401 17B-2a-811. General manager of a public transit district.
11402 (1) (a) The board of trustees of a public transit district shall appoint a person as a
11403 general manager.
11404 (b) The appointment of a general manager shall be by the affirmative vote of a majority

11405 of all members of the board of trustees.
11406 (c) The board's appointment of a person as general manager shall be based on the
11407 person's qualifications, with special reference to the person's actual experience in or knowledge
11408 of accepted practices with respect to the duties of the office.
11409 (d) A person appointed as general manager of a public transit district is not required to
11410 be a resident of the state at the time of appointment.
11411 (2) Each general manager of a public transit district shall:
11412 (a) be a full-time officer and devote full time to the district's business;
11413 (b) ensure that all district ordinances are enforced;
11414 (c) prepare and submit to the board of trustees, as soon as practical but not less than 45
11415 days after the end of each fiscal year, a complete report on the district's finances and
11416 administrative activities for the preceding year;
11417 (d) keep the board of trustees advised as to the district's needs;
11418 (e) prepare or cause to be prepared all plans and specifications for the construction of
11419 district works;
11420 (f) cause to be installed and maintained a system of auditing and accounting that
11421 completely shows the district's financial condition at all times; and
11422 (g) attend meetings of the board of trustees.
11423 (3) A general manager of a public transit district:
11424 (a) serves at the pleasure of the board of trustees;
11425 (b) holds office for an indefinite term;
11426 (c) may be removed by the board of trustees upon the adoption of a resolution by the
11427 affirmative vote of a majority of all members of the board, subject to Subsection (5);
11428 (d) has full charge of:
11429 (i) the acquisition, construction, maintenance, and operation of district facilities; and
11430 (ii) the administration of the district's business affairs;
11431 (e) is entitled to participate in the deliberations of the board of trustees as to any matter
11432 before the board; and
11433 (f) may not vote at a meeting of the board of trustees.
11434 (4) The board of trustees may not reduce the general manager's salary below the
11435 amount fixed at the time of original appointment unless:

11436 (a) the board adopts a resolution by a vote of a majority of all members; and
11437 (b) if the general manager demands in writing, the board gives the general manager the
11438 opportunity to be publicly heard at a meeting of the board before the final vote on the
11439 resolution reducing the general manager's salary.
11440 (5) (a) Before adopting a resolution providing for a general manager's removal as
11441 provided in Subsection (3)(c), the board shall, if the manager makes a written demand:
11442 (i) give the general manager a written statement of the reasons alleged for the general
11443 manager's removal; and
11444 (ii) allow the general manager to be publicly heard at a meeting of the board of trustees.
11445 (b) Notwithstanding Subsection (5)(a), the board of trustees of a public transit district
11446 may suspend a general manager from office pending and during a hearing under Subsection
11447 (5)(a)(ii).
11448 (6) The action of a board of trustees suspending or removing a general manager or
11449 reducing the general manager's salary is final.
11450 Section 335. Section 17B-2a-812 is enacted to read:
11451 17B-2a-812. Comptroller required to provide statement of revenues and
11452 expenditures.
11453 The comptroller of each public transit district shall, as soon as possible after the close
11454 of each fiscal year:
11455 (1) prepare a statement of revenues and expenditures for the fiscal year just ended, in
11456 the detail that the board of trustees prescribes; and
11457 (2) transit a copy of the statement to the chief executive officer of:
11458 (a) each municipality within the district; and
11459 (b) each county with unincorporated area within the district.
11460 Section 336. Section 17B-2a-813 is enacted to read:
11461 17B-2a-813. Rights, benefits, and protective conditions for employees of a public
11462 transit district -- Employees of an acquired transit system -- Binding arbitration of labor
11463 disputes.
11464 (1) (a) The rights, benefits, and other employee protective conditions and remedies of
11465 Section 13(c) of the Urban Mass Transportation Act of 1964, 49 U.S.C. Sec. 5333(b), as
11466 determined by the Secretary of Labor, apply to:

11467 (i) a public transit district's establishment and operation of a public transit service or
11468 system; and
11469 (ii) a lease, contract, or other arrangement that a public transit district enters into for the
11470 operation of a public transit service or system.
11471 (b) (i) If a public transit district operates a public transit service or system or enters into
11472 a lease, contract, or other arrangement for the operation of a public transit service or system,
11473 the district shall extend to each employee or affected public transit service system furnishing
11474 like services, according to seniority, the first opportunity for reasonably comparable
11475 employment in any available nonsupervisory job with respect to the operations for which the
11476 employee or public transit service system can qualify after a reasonable training period.
11477 (ii) Employment under Subsection (1)(b)(i) may not result in:
11478 (A) a worsening of an employee's position when compared to the employee's former
11479 employment; or
11480 (B) a loss of wages, hours, working conditions, seniority, fringe benefits, or rights and
11481 privileges pertaining to wages, hours, working conditions, seniority, or fringe benefits.
11482 (2) (a) Employees of a public transit system established and operated by a public transit
11483 district have the right to:
11484 (i) self-organization;
11485 (ii) form, join, or assist labor organizations; and
11486 (iii) bargain collectively through representatives of their own choosing.
11487 (b) Employees of a public transit district and labor organizations may not join in a
11488 strike against the public transit system operated by the public transit district.
11489 (c) Each public transit district shall:
11490 (i) recognize and bargain exclusively with any labor organization representing a
11491 majority of the district's employees in an appropriate unit with respect to wages, salaries, hours,
11492 working conditions, and welfare, pension, and retirement provisions; and
11493 (ii) upon reaching agreement with the labor organization, enter into and execute a
11494 written contract incorporating the agreement.
11495 (3) If a public transit district acquires an existing public transit system:
11496 (a) all employees of the acquired system who are necessary for the operation of the
11497 acquired system, except executive and administrative officers and employees, shall be:

11498 (i) transferred to and appointed employees of the acquiring public transit district; and
11499 (ii) given sick leave, seniority, vacation, and pension or retirement credits in
11500 accordance with the acquired system's records; and
11501 (b) members and beneficiaries of a pension or retirement plan or other program of
11502 benefits that the acquired system has established shall continue to have rights, privileges,
11503 benefits, obligations, and status with respect to that established plan or program; and
11504 (c) the public transit district may establish, amend, or modify, by agreement with
11505 employees or their authorized representatives, the terms, conditions, and provisions of a
11506 pension or retirement plan or of an amendment or modification of a pension or retirement plan.
11507 Section 337. Section 17B-2a-814 , which is renumbered from Section 17A-2-1050 is
11508 renumbered and amended to read:
11509 [17A-2-1050]. 17B-2a-814. Conflict of interests prohibited -- Disclosure --
11510 Violation -- Penalty.
11511 (1) As used in this section, "relative" means [any] a parent, spouse, child, grandparent,
11512 grandchild, great grandparent, great grandchild, or sibling of a trustee, officer, or employee.
11513 (2) Except as provided in this section, a trustee [or any other], officer, or employee of
11514 [the] a public transit district may not be interested in any manner, directly or indirectly, in [any]
11515 a contract or in the profits derived from [any] a contract:
11516 (a) awarded by the board of trustees; or
11517 (b) made by [any] an officer or employee pursuant to discretionary authority vested in
11518 [him] the officer or employee.
11519 (3) Notwithstanding Subsection (2), [when] if a trustee [or other], officer, or employee
11520 of [the] a public transit district is a stockholder, bondholder, director, or other officer or
11521 employee of a corporation contracting with the district, the district may contract with that
11522 corporation for its general benefit unless the trustee, officer, or employee of the district owns or
11523 controls, directly or indirectly, stock or bonds in an amount greater than 5% of the total amount
11524 of outstanding stock or bonds.
11525 (4) (a) (i) A trustee, officer, or employee of [the] a public transit district who has, or
11526 whose relative has, a substantial interest in [any] a contract with, sale to, purchase from, or
11527 service to the district shall disclose that interest to the board of trustees of the district in a
11528 public meeting of the board.

11529 (ii) The board of trustees of the district shall disclose that interest in the minutes of its
11530 meeting.
11531 (b) A trustee, officer, or employee of [the] a public transit district who has, or whose
11532 relative has, a substantial interest in [any] a contract with, sale to, purchase from, or service to
11533 the district may not vote upon or otherwise participate in any manner as a trustee, officer, or
11534 employee in the contract, sale, [or] purchase, or service.
11535 (5) A trustee, officer, or employee of [the] a public transit district, in contemplation of
11536 official action by [himself] the trustee, officer, or employee or by the district or in reliance on
11537 information to which [he] the trustee, officer, or employee has access in [his] an official
11538 capacity and which has not been made public, commits misuse of official information if [he]
11539 the trustee, officer, or employee:
11540 (a) acquires a pecuniary interest in any property, transaction, or enterprise that may be
11541 affected by the information or official action;
11542 (b) speculates or wagers on the basis of the information or official action; or
11543 (c) aids, advises, or encourages another to do so with intent to confer upon any person a
11544 special pecuniary benefit.
11545 (6) Each trustee, officer, and employee who violates this section:
11546 (a) is guilty of a class B misdemeanor; and
11547 (b) if convicted, [his] shall be terminated from board appointment or district
11548 employment [is terminated].
11549 Section 338. Section 17B-2a-815 is enacted to read:
11550 17B-2a-815. Rates and charges for service.
11551 (1) The board of trustees of a public transit district shall fix rates and charges for
11552 service provided by the district by a two-thirds vote of all board members.
11553 (2) Rates and charges shall:
11554 (a) be reasonable; and
11555 (b) to the extent practicable:
11556 (i) result in enough revenue to make the public transit system self supporting; and
11557 (ii) be sufficient to:
11558 (A) pay for district operating expenses;
11559 (B) provide for repairs, maintenance, and depreciation of works and property that the

11560 district owns or operates;
11561 (C) provide for the purchase, lease, or acquisition of property and equipment;
11562 (D) pay the interest and principal of bonds that the district issues; and
11563 (E) pay for contracts, agreements, leases, and other legal liabilities that the district
11564 incurs.
11565 Section 339. Section 17B-2a-816 is enacted to read:
11566 17B-2a-816. Hearing on a rate or charge or a proposal to fix the location of
11567 district facilities.
11568 (1) (a) The legislative body of a county or municipality with territory within a public
11569 transit district may, on behalf of a person who is a resident of the county or municipality,
11570 respectively, and who is a user of a public transit system operated by the public transit district,
11571 file a request for a hearing before the public transit district's board of trustees as to:
11572 (i) the reasonableness of a rate or charge fixed by the board of trustees; or
11573 (ii) a proposal for fixing the location of district facilities.
11574 (b) Each request under Subsection (1)(a) shall:
11575 (i) be in writing;
11576 (ii) be filed with the board of trustees of the public transit district; and
11577 (iii) state the subject matter on which a hearing is requested.
11578 (2) (a) At least 15 but not more than 60 days after a request under Subsection (1)(a) is
11579 filed, the public transit district's board of trustees shall hold a hearing on, as the case may be:
11580 (i) the reasonableness of a rate or charge fixed by the board of trustees; or
11581 (ii) a proposal for fixing the location of district facilities.
11582 (b) The public transit district board of trustees shall provide notice of the hearing by:
11583 (i) mailing, postage prepaid, a notice to:
11584 (A) the county or municipality requesting the hearing; and
11585 (B) the legislative body of each other county and municipality with territory within the
11586 public transit district; and
11587 (ii) once publishing a notice.
11588 (3) At each hearing under Subsection (2)(a):
11589 (a) the legislative body of a county or municipality may intervene, be heard, and
11590 introduce evidence if the county or municipality:

11591 (i) is eligible to file a request for hearing under Subsection (1); and
11592 (ii) did not file a request for hearing;
11593 (b) the public transit district, the county or municipality that filed the request for
11594 hearing, and an intervening county or municipality under Subsection (3)(a) may:
11595 (i) call and examine witnesses;
11596 (ii) introduce exhibits;
11597 (iii) cross-examine opposing witnesses on any matter relevant to the issues, even
11598 though the matter was not covered in direct examination; and
11599 (iv) rebut evidence introduced by others;
11600 (c) evidence shall be taken on oath or affirmation;
11601 (d) technical rules of evidence need not be followed, regardless of the existence of a
11602 common law or statutory rule that makes improper the admission of evidence over objection in
11603 a civil action;
11604 (e) hearsay evidence is admissible in order to supplement or explain direct evidence,
11605 but is not sufficient in itself to support a finding unless it would be admissible over objection in
11606 a civil action; and
11607 (f) the public transit district board of trustees shall appoint a reporter to take a complete
11608 record of all proceedings and testimony before the board.
11609 (4) (a) Within 60 days after the conclusion of a hearing under Subsection (2)(a), the
11610 public transit district board of trustees shall render its decision in writing, together with written
11611 findings of fact.
11612 (b) The board of trustees shall mail by certified mail, postage prepaid, a copy of the
11613 decision and findings to:
11614 (i) the county or municipality that filed a request under Subsection (1); and
11615 (ii) each county and municipality that intervened under Subsection (3)(a).
11616 (5) In any action to review a decision of a public transit district board of trustees under
11617 this section, the record on review shall consist of:
11618 (a) the written request for hearing, the transcript of the testimony at the hearing, and all
11619 exhibits introduced at the hearing; or
11620 (b) if the parties stipulate in writing:
11621 (i) the evidence specified in the stipulation; and

11622 (ii) the written stipulation itself.
11623 Section 340. Section 17B-2a-817 is enacted to read:
11624 17B-2a-817. Public transit district tax limit.
11625 In addition to a property tax under Section 17B-1-1003 to pay general obligation bonds
11626 of the district, a public transit district may levy a property tax, as provided in and subject to
11627 Chapter 1, Part 10, Local District Property Tax Levy, if:
11628 (1) the district first submits the proposal to levy the property tax to voters within the
11629 district; and
11630 (2) a majority of voters within the district voting on the proposal vote in favor of the
11631 tax at an election held for that purpose.
11632 Section 341. Section 17B-2a-818 is enacted to read:
11633 17B-2a-818. Requirements applicable to public transit district contracts.
11634 (1) If the expenditure required to construct district facilities or works exceeds $25,000,
11635 the construction shall be let as provided in Title 63, Chapter 56, Utah Procurement Code.
11636 (2) (a) The board of trustees of a public transit district shall advertise each bid or
11637 proposal through public notice as the board determines.
11638 (b) A notice under Subsection (2)(a) may:
11639 (i) include publication in:
11640 (A) a newspaper of general circulation in the district;
11641 (B) a trade journal; or
11642 (C) other method determined by the board; and
11643 (ii) be made at least once, not less than ten days before the expiration of the period
11644 within which bids or proposals are received.
11645 (3) (a) The board of trustees may, in its discretion:
11646 (i) reject any or all bids or proposals; and
11647 (ii) readvertise or give notice again.
11648 (b) If, after rejecting bids or proposals, the board of trustees determines and declares by
11649 a two-thirds vote of all members present that in the board's opinion the supplies, equipment,
11650 and materials may be purchased at a lower price in the open market, the board may purchase
11651 the supplies, equipment, and materials in the open market, notwithstanding any provisions
11652 requiring contracts, bids, proposals, advertisement, or notice.

11653 (4) The board of trustees of a public transit district may let a contract without
11654 advertising for or inviting bids if:
11655 (a) the board finds, upon a two-thirds vote of all members present, that a repair,
11656 alteration, or other work or the purchase of materials, supplies, equipment, or other property is
11657 of urgent necessity; or
11658 (b) the district's general manager certifies by affidavit that there is only one source for
11659 the required supplies, equipment, materials, or construction items.
11660 (5) If a public transit district retains or withholds any payment on a contract with a
11661 private contractor to construct facilities under this section, the board shall retain or withhold
11662 and release the payment as provided in Section 13-8-5 .
11663 Section 342. Section 17B-2a-819 is enacted to read:
11664 17B-2a-819. Compliance with state and local laws and regulations.
11665 (1) Each public transit district is subject to department regulations relating to safety
11666 appliances and procedures.
11667 (2) (a) Each installation by a public transit district in a state highway or freeway is
11668 subject to the approval of the department.
11669 (b) There is a presumption that the use of a street, road, highway, or other public place
11670 by a public transit district for any of the purposes permitted in this part constitutes no greater
11671 burden on an adjoining property than the use existing on July 9, 1969.
11672 (c) If a street, road, or highway, excluding a state highway or freeway, or a pipeline,
11673 sewer, water main, storm drain, pole, or communication wire is required to be relocated,
11674 replaced, or altered in order for a public transit district to construct or operate its system or to
11675 preserve and maintain an already constructed district facility:
11676 (i) the public or private owner of the facility required to be relocated, replaced, or
11677 altered shall relocate, replace, or alter the facility with reasonable promptness; and
11678 (ii) the public transit district shall, by prior agreement, reimburse the owner for the
11679 reasonable cost incurred in the relocation, replacement, or alteration.
11680 (d) (i) A public transit district may enter into an agreement with a county or
11681 municipality to:
11682 (A) close a street or road over which the county or municipality has jurisdiction at or
11683 near the point of its interception with a district facility; or

11684 (B) carry the street or road over or under or to a connection with a district facility.
11685 (ii) A public transit district may do all work on a street or road under Subsection
11686 (2)(d)(i) as is necessary.
11687 (iii) A street or road may not be closed, directly or indirectly, by the construction of a
11688 district facility unless the closure is:
11689 (A) pursuant to agreement under Subsection (2)(d)(i); or
11690 (B) temporarily necessary during the construction of a district facility.
11691 (3) Each public transit district is subject to the laws and regulations of the state and
11692 each applicable municipality relating to traffic and operation of vehicles upon streets and
11693 highways.
11694 Section 343. Section 17B-2a-820 is enacted to read:
11695 17B-2a-820. Authority for other governmental entities to acquire property by
11696 eminent domain for a public transit district.
11697 The state, a county, or a municipality may, by eminent domain under Title 78, Chapter
11698 34, Eminent Domain, acquire within its boundaries a private property interest, including fee
11699 simple, easement, air right, right-of-way, or other interest, necessary for the establishment or
11700 operation of a public transit district.
11701 Section 344. Section 17B-2a-821 , which is renumbered from Section 17A-2-1061 is
11702 renumbered and amended to read:
11703 [17A-2-1061]. 17B-2a-821. Failure to pay fare -- Infraction -- Multicounty
11704 district may establish and enforce parking ordinance.
11705 (1) A person may not ride a transit vehicle without payment of the applicable fare
11706 established by the public transit district that operates the transit vehicle.
11707 (2) A person who violates Subsection (1) is guilty of an infraction.
11708 (3) The [governing body] board of trustees of a multicounty district may adopt an
11709 ordinance governing parking of vehicles at a transit facility, including the imposition of a fine
11710 or civil penalty for a violation of the ordinance.
11711 Section 345. Section 17B-2a-822 , which is renumbered from Section 17A-2-1062 is
11712 renumbered and amended to read:
11713 [17A-2-1062]. 17B-2a-822. Multicounty district may employ or contract for
11714 law enforcement officers -- Law enforcement officer status, powers, and jurisdiction.

11715 (1) The [governing body] board of trustees of a multicounty district may employ law
11716 enforcement officers or contract with other law enforcement agencies to provide law
11717 enforcement services for the district.
11718 (2) A law enforcement officer employed or provided by contract under Subsection (1)
11719 is a law enforcement officer under Section 53-13-103 and shall be subject to the provisions of
11720 that section.
11721 (3) Subject to the provisions of Section 53-13-103 , the jurisdiction of a law
11722 enforcement officer employed under this section is limited to transit facilities and transit
11723 vehicles.
11724 Section 346. Section 17B-2a-823 , which is renumbered from Section 17A-2-1063 is
11725 renumbered and amended to read:
11726 [17A-2-1063]. 17B-2a-823. Public transit district special services.
11727 (1) As used in this section, "bureau" means a recreational, tourist, or convention bureau
11728 established under Section 17-31-2 .
11729 (2) (a) A public transit district may lease its buses to private certified public carriers or
11730 operate transit services requested by a [governmental] public entity [when] if a bureau certifies
11731 that privately owned carriers furnishing like services or operating like equipment within the
11732 area served by the bureau:
11733 (i) have declined to provide the service; or
11734 (ii) do not have the equipment necessary to provide the service.
11735 (b) A public transit district may lease its buses or operate services as authorized under
11736 Subsection (2)(a) outside of the area served by the district.
11737 (3) [A] If part or all of the transportation services are paid for by public funds, a public
11738 transit district may:
11739 (a) provide school bus services for transportation of pupils and supervisory personnel
11740 between homes and school and other related school activities within the area served by the
11741 district[,]; or [may]
11742 (b) provide the transportation of passengers covered by an elderly or disabled persons
11743 program within the district [where all or part of the transportation services are paid for by
11744 public funds].
11745 (4) Notwithstanding the provisions in Subsection (3), a municipality or county is not

11746 prohibited from providing the transportation services identified in Subsection (3).
11747 Section 347. Section 17B-2a-824 is enacted to read:
11748 17B-2a-824. Sales and use tax exemption.
11749 All transactions by or in behalf of a public transit district under this part for the
11750 acquisition of property are exempt from sales and use taxes.
11751 Section 348. Section 17B-2a-901 is enacted to read:
11752 Part 9. Service Area Act
11753 17B-2a-901. Title.
11754 This part is known as the "Service Area Act."
11755 Section 349. Section 17B-2a-902 is enacted to read:
11756 17B-2a-902. Applicability of this part to service areas.
11757 (1) Each service area is governed by and has the powers stated in:
11758 (a) this part; and
11759 (b) Chapter 1, Provisions Applicable to All Local Districts.
11760 (2) This part applies only to service areas.
11761 (3) A service area is not subject to the provisions of any other part of this chapter.
11762 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
11763 Local Districts, and a provision in this part, the provision in this part governs.
11764 Section 350. Section 17B-2a-903 is enacted to read:
11765 17B-2a-903. Additional general powers of service areas.
11766 In addition to the powers conferred on a service area under Section 17B-1-103 , a
11767 service area:
11768 (1) may issue bonds as provided in and subject to Chapter 1, Part 11, Local District
11769 Bonds, to carry out the purposes of the district;
11770 (2) that, until April 30, 2007, was a regional service area, may provide park, recreation,
11771 or parkway services, or any combination of those services; and
11772 (3) may, with the consent of the county in which the service area is located, provide
11773 planning and zoning service.
11774 Section 351. Section 17B-2a-904 is enacted to read:
11775 17B-2a-904. Regional service areas to become service areas -- Change from
11776 regional service area to service area not to affect rights, obligations, or property of

11777 former regional service area.
11778 (1) Each regional service area, created and operating under the law in effect before
11779 April 30, 2007, becomes on that date a service area, governed by and subject to Chapter 1,
11780 Provisions Applicable to All Local Districts, and this part.
11781 (2) The change of an entity from a regional service area to a service area under
11782 Subsection (1) does not affect:
11783 (a) the entity's basic structure and operations or its nature as a body corporate and
11784 politic and a political subdivision of the state;
11785 (b) the ability of the entity to provide the service that the entity:
11786 (i) was authorized to provide before the change; and
11787 (ii) provided before the change;
11788 (c) the validity of the actions taken, bonds issued, or contracts or other obligations
11789 entered into by the entity before the change;
11790 (d) the ability of the entity to continue to impose and collect taxes, fees, and other
11791 charges for the service it provides;
11792 (e) the makeup of the board of trustees;
11793 (f) the entity's ownership of property acquired before the change; or
11794 (g) any other powers, rights, or obligations that the entity had before the change, except
11795 as modified by this part.
11796 Section 352. Section 17B-2a-905 is enacted to read:
11797 17B-2a-905. Service area board of trustees.
11798 (1) (a) Except as provided in Subsection (2):
11799 (i) the initial board of trustees of a service area located entirely within the
11800 unincorporated area of a single county may, as stated under Subsection 17B-1-205 (1)(f) in the
11801 petition or request that initiated the process of creating the service area:
11802 (A) consist of the county legislative body;
11803 (B) be appointed, as provided in Section 17B-1-304 ; or
11804 (C) be elected, as provided in Section 17B-1-306 ;
11805 (ii) if the board of trustees of a service area consists of the county legislative body, the
11806 board may adopt a resolution providing for future board members to be appointed, as provided
11807 in Section 17B-1-304 , or elected, as provided in Section 17B-1-306 ; and

11808 (iii) members of the board of trustees of a service area shall be elected, as provided in
11809 Section 17B-1-306 , if:
11810 (A) the service area is not entirely within the unincorporated area of a single county;
11811 (B) a petition is filed with the board of trustees requesting that board members be
11812 elected, and the petition is signed by registered voters within the service area equal in number
11813 to at least 10% of the number of registered voters within the service area who voted at the last
11814 gubernatorial election; or
11815 (C) an election is held to authorize the service area's issuance of bonds.
11816 (b) If members of the board of trustees of a service area are required to be elected under
11817 Subsection (1)(a)(iii)(C) because of a bond election:
11818 (i) board members shall be elected in conjunction with the bond election;
11819 (ii) the board of trustees shall:
11820 (A) establish a process to enable potential candidates to file a declaration of candidacy
11821 sufficiently in advance of the election; and
11822 (B) provide a ballot for the election of board members separate from the bond ballot;
11823 and
11824 (iii) except as provided in this Subsection (1)(b), the election shall be held as provided
11825 in Section 17B-1-306 .
11826 (2) (a) This Subsection (2) applies to a service area created on or after May 5, 2003 if:
11827 (i) the service area was created to provide fire protection, paramedic, and emergency
11828 services; and
11829 (ii) in the creation of the service area, an election was not required under Subsection
11830 17B-1-214 (3)(c).
11831 (b) (i) Each county whose unincorporated area is included within a service area
11832 described in Subsection (2)(a), whether in conjunction with the creation of the service area or
11833 by later annexation, shall appoint three members to the board of trustees.
11834 (ii) Each municipality whose area is included within a service area described in
11835 Subsection (2)(a), whether in conjunction with the creation of the service area or by later
11836 annexation, shall appoint one member to the board of trustees.
11837 (iii) Each member appointed by a county or municipality under Subsection (2)(b)(i) or
11838 (ii) shall be an elected official of the appointing county or municipality, respectively.

11839 (c) Notwithstanding Subsection 17B-1-302 (2), the number of members of a board of
11840 trustees of a service area described in Subsection (2)(a) shall be the number resulting from
11841 application of Subsection (2)(b).
11842 Section 353. Section 17B-2a-906 is enacted to read:
11843 17B-2a-906. Dividing a service area into divisions.
11844 (1) Subject to Subsection (2), the board of trustees of a service area may, upon a vote
11845 of two-thirds of the members of the board, divide the service area into divisions so that some or
11846 all of the members of the board of trustees may be elected by division rather than at large.
11847 (2) Before dividing a service area into divisions under Subsection (1) or before
11848 changing the boundaries of divisions already established, the board of trustees shall:
11849 (a) prepare a proposal that describes the boundaries of the proposed divisions; and
11850 (b) hold a public hearing at which any interested person may appear and speak for or
11851 against the proposal.
11852 (3) (a) The board of trustees shall review the division boundaries at least every ten
11853 years.
11854 (b) Except for changes in the divisions necessitated by annexations to or withdrawals
11855 from the service area, the boundaries of divisions established under Subsection (1) may not be
11856 changed more often than every five years.
11857 (c) Changes to the boundaries of divisions already established under Subsection (1) are
11858 not subject to the two-thirds vote requirement of Subsection (1).
11859 Section 354. Section 17B-2a-907 , which is renumbered from Section 17A-2-413 is
11860 renumbered and amended to read:
11861 [17A-2-413]. 17B-2a-907. Adding a new service within a service area.
11862 A [county] service area may begin to provide within the boundaries of the [county]
11863 service area a service that it had not previously provided by using the procedures set forth in
11864 [Title 17B,] Chapter [2] 1, Part 2, Creation of a Local [Districts] District, for the creation of a
11865 [county] service area as though a new [county] service area were being created to provide that
11866 service.
11867 Section 355. Section 17B-2a-1001 is enacted to read:
11868 Part 10. Water Conservancy District Act
11869 17B-2a-1001. Title.

11870 This part is known as the "Water Conservancy District Act."
11871 Section 356. Section 17B-2a-1002 is enacted to read:
11872 17B-2a-1002. Legislative intent -- Purpose of water conservancy districts.
11873 (1) It is the intent of the Legislature and the policy of the state to:
11874 (a) provide for the conservation and development of the water and land resources of the
11875 state;
11876 (b) provide for the greatest beneficial use of water within the state;
11877 (c) control and make use of all unappropriated waters in the state and to apply those
11878 waters to direct and supplemental beneficial uses including domestic, manufacturing, irrigation,
11879 and power;
11880 (d) obtain from water in the state the highest duty for domestic uses and irrigation of
11881 lands in the state within the terms of applicable interstate compacts and other law;
11882 (e) cooperate with the United States and its agencies under federal reclamation or other
11883 laws and to construct, finance, operate, and maintain works in the state; and
11884 (f) promote the greater prosperity and general welfare of the people of the state by
11885 encouraging the organization of water conservancy districts.
11886 (2) The creation and operation of water conservancy districts are a public use to help
11887 accomplish the intent and policy stated in Subsection (1) and will:
11888 (a) be essentially for the benefit and advantage of the people of the state;
11889 (b) indirectly benefit all industries of the state;
11890 (c) indirectly benefit the state by increasing the value of taxable property in the state;
11891 (d) directly benefit municipalities by providing adequate supplies of water for domestic
11892 use;
11893 (e) directly benefit lands to be irrigated or drained;
11894 (f) directly benefit lands now under irrigation by stabilizing the flow of water in
11895 streams and by increasing flow and return flow of water to those streams; and
11896 (g) promote the comfort, safety, and welfare of the people of the state.
11897 Section 357. Section 17B-2a-1003 is enacted to read:
11898 17B-2a-1003. Applicability of this part to water conservancy districts.
11899 (1) Each water conservancy district is governed by and has the powers stated in:
11900 (a) this part; and

11901 (b) Chapter 1, Provisions Applicable to All Local Districts.
11902 (2) This part applies only to water conservancy districts.
11903 (3) A water conservancy district is not subject to the provisions of any other part of this
11904 chapter.
11905 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
11906 Local Districts, and a provision in this part, the provision in this part governs.
11907 Section 358. Section 17B-2a-1004 is enacted to read:
11908 17B-2a-1004. Powers and duties of water conservancy districts.
11909 (1) In addition to the powers conferred on a water conservancy district under Section
11910 17B-1-103 , a water conservancy district may:
11911 (a) issue bonds as provided in and subject to Chapter 1, Part 11, Local District Bonds,
11912 to carry out the purposes of the district;
11913 (b) acquire or lease any real or personal property or acquire any interest in real or
11914 personal property, as provided in Subsections 17B-1-103 (2)(a) and (b), whether inside or
11915 outside the district;
11916 (c) acquire or construct works, facilities, or improvements, as provided in Subsection
11917 17B-1-103 (2)(d), whether inside or outside the district;
11918 (d) acquire water, works, water rights, and sources of water necessary or convenient to
11919 the full exercise of the district's powers, whether the water, works, water rights, or sources of
11920 water are inside or outside the district, and encumber, sell, lease, transfer an interest in, or
11921 dispose of water, works, water rights, and sources of water;
11922 (e) fix rates and terms for the sale, lease, or other disposal of water;
11923 (f) acquire rights to the use of water from works constructed or operated by the district
11924 or constructed or operated pursuant to a contract to which the district is a party, and sell
11925 perpetual rights to the use of water from those works;
11926 (g) levy assessments against lands within the district to which water is allotted on the
11927 basis of:
11928 (i) a uniform district-wide value per acre foot of irrigation water; or
11929 (ii) a uniform unit-wide value per acre foot of irrigation water, if the board divides the
11930 district into units and fixes a different value per acre foot of water in the respective units;
11931 (h) fix rates for the sale, lease, or other disposal of water, other than irrigation water, at

11932 rates that are equitable, though not necessarily equal or uniform, for like classes of service;
11933 (i) adopt and modify plans and specifications for the works for which the district was
11934 organized;
11935 (j) investigate and promote water conservation and development;
11936 (k) appropriate and otherwise acquire water and water rights inside or outside the state;
11937 (l) develop, store, treat, and transport water;
11938 (m) acquire stock in canal companies, water companies, and water users associations;
11939 (n) construct works and improvements on land not subject to acquisition by
11940 condemnation held by the district for a term of not less than 50 years under lease, easement, or
11941 otherwise;
11942 (o) acquire, construct, operate, or maintain works for the irrigation of land;
11943 (p) subject to Subsection (2), sell water and water services to individual customers and
11944 charge sufficient rates for the water and water services supplied;
11945 (q) own property for district purposes within the boundaries of a municipality; and
11946 (r) coordinate water resource planning among public entities.
11947 (2) (a) A water conservancy district and another political subdivision of the state may
11948 contract with each other, and a water conservancy district may contract with one or more public
11949 entities and private persons, for:
11950 (i) the joint operation or use of works owned by any party to the contract; or
11951 (ii) the sale, purchase, lease, exchange, or loan of water, water rights, works, or related
11952 services.
11953 (b) An agreement under Subsection (2)(a) may provide for the joint use of works
11954 owned by one of the contracting parties if the agreement provides for reasonable compensation.
11955 (c) A statutory requirement that a district supply water to its own residents on a priority
11956 basis does not apply to a contract under Subsection (2)(a).
11957 (d) An agreement under Subsection (2)(a) may include terms that the parties determine,
11958 including:
11959 (i) a term of years specified by the contract;
11960 (ii) a requirement that the purchasing party make specified payments, without regard to
11961 actual taking or use;
11962 (iii) a requirement that the purchasing party pay user charges, charges for the

11963 availability of water or water facilities, or other charges for capital costs, debt service,
11964 operating and maintenance costs, and the maintenance of reasonable reserves, whether or not
11965 the related water, water rights, or facilities are acquired, completed, operable, or operating, and
11966 notwithstanding the suspension, interruption, interference, reduction, or curtailment of water or
11967 services for any reason;
11968 (iv) provisions for one or more parties to acquire an undivided ownership interest in, or
11969 a contractual right to the capacity, output, or services of, joint water facilities, and establishing:
11970 (A) the methods for financing the costs of acquisition, construction, and operation of
11971 the joint facilities;
11972 (B) the method for allocating the costs of acquisition, construction, and operation of
11973 the facilities among the parties consistent with their respective interests in or rights to the
11974 facilities;
11975 (C) a management committee comprised of representatives of the parties, which may
11976 be responsible for the acquisition, construction, and operation of the facilities as the parties
11977 determine; and
11978 (D) the remedies upon a default by any party in the performance of its obligations
11979 under the contract, which may include a provision obligating or enabling the other parties to
11980 succeed to all or a portion of the ownership interest or contractual rights and obligations of the
11981 defaulting party; and
11982 (v) provisions that a purchasing party make payments from:
11983 (A) general or other funds of the purchasing party;
11984 (B) the proceeds of assessments levied under this part;
11985 (C) the proceeds of impact fees imposed by any party under Title 11, Chapter 36,
11986 Impact Fees Act;
11987 (D) revenues from the operation of the water system of a party receiving water or
11988 services under the contract;
11989 (E) proceeds of any revenue-sharing arrangement between the parties, including
11990 amounts payable as a percentage of revenues or net revenues of the water system of a party
11991 receiving water or services under the contract; and
11992 (F) any combination of the sources of payment listed in Subsections (2)(d)(v)(A)
11993 through (E).

11994 (3) (a) A water conservancy district may enter into a contract with another state or a
11995 political subdivision of another state for the joint construction, operation, or ownership of a
11996 water facility.
11997 (b) Water from any source in the state may be appropriated and used for beneficial
11998 purposes within another state only as provided in Title 73, Chapter 3a, Water Exports.
11999 (4) (a) Except as provided in Subsection (4)(b), a water conservancy district may not
12000 sell water to a customer located within a municipality for domestic or culinary use without the
12001 consent of the municipality.
12002 (b) Subsection (4)(a) does not apply if:
12003 (i) the customer's property to which a water conservancy district sells water was, at the
12004 time the district began selling water to the customer, within an unincorporated area of a county;
12005 and
12006 (ii) after the district begins selling water to the customer, the property becomes part of
12007 a municipality through municipal incorporation or annexation.
12008 (5) A water conservancy district may not carry or transport water in transmountain
12009 diversion if title to the water was acquired by a municipality by eminent domain.
12010 (6) A water conservancy district may not be required to obtain a franchise for the
12011 acquisition, ownership, operation, or maintenance of property.
12012 (7) A water conservancy district may not acquire by eminent domain title to or
12013 beneficial use of vested water rights for transmountain diversion.
12014 Section 359. Section 17B-2a-1005 , which is renumbered from Section 17A-2-1409 is
12015 renumbered and amended to read:
12016 [17A-2-1409]. 17B-2a-1005. Board of trustees -- Selection of members --
12017 Number -- Qualifications -- Terms -- Vacancies -- Surety bonds -- Authority.
12018 (1) (a) Within 45 days after [entry of the decree incorporating the] the creation of a
12019 water conservancy district as provided in Section 17B-1-215 , the board of trustees shall be
12020 selected as provided in this Subsection (1).
12021 (b) For a district [that consists] located entirely within the boundaries of a single
12022 county, the county legislative body of that county shall appoint each trustee.
12023 (c) (i) For a district [that consists of] located in more than a single county, the
12024 governor, with the consent of the Senate, shall appoint each trustee from nominees submitted

12025 as provided in this Subsection (1)(c).
12026 (ii) (A) Except as provided in Subsection (1)(c)(ii)(B), in a division composed solely of
12027 [incorporated cities] municipalities, the legislative body of each [city] municipality within the
12028 division shall submit two nominees per trustee.
12029 (B) Notwithstanding Subsection (1)(c)(ii)(A), the legislative body of a [city]
12030 municipality may submit fewer than two nominees per trustee if the legislative body certifies in
12031 writing to the governor that the legislative body is unable, after reasonably diligent effort, to
12032 identify two nominees who are willing and qualified to serve as trustee.
12033 (iii) (A) Except as provided in Subsection (1)(c)(iii)(B), in all other divisions, the
12034 county legislative body of the county in which the division is located shall submit three
12035 nominees per trustee.
12036 (B) Notwithstanding Subsection (1)(c)(iii)(A), the county legislative body may submit
12037 fewer than three nominees per trustee if the county legislative body certifies in writing to the
12038 governor that the county legislative body is unable, after reasonably diligent effort, to identify
12039 three nominees who are willing and qualified to serve as trustee.
12040 (iv) If a trustee represents a division located in more than one county, the county
12041 [governing] legislative bodies of those counties shall collectively compile the list of three
12042 nominees.
12043 (v) For purposes of this Subsection (1)(c), a [city] municipality that is located in more
12044 than one county shall be considered to be located in only the county in which more of the [city]
12045 municipal area is located than in any other county.
12046 (d) In districts where substantial water is allocated for irrigated agriculture, one trustee
12047 appointed in that district shall be a person who owns irrigation rights and uses those rights as
12048 part of that person's livelihood.
12049 (2) (a) [The court shall establish the number, representation, and votes of trustees for
12050 each district in the decree creating the district.] The board of trustees of [the] a water
12051 conservancy district shall consist of:
12052 (i) except as provided in Subsection (2)(a)(ii), not more than 11 persons who are
12053 residents of the district[. If]; or
12054 (ii) if the district consists of five or more counties, [the board of trustees shall consist
12055 of] not more than 21 persons who are residents of the district.

12056 (b) At least 90 days before expiration of a trustee's term, the [secretary of the] board
12057 shall:
12058 (i) give written notice of [vacancies in any office of trustee and of the expiration date of
12059 terms of office of trustees] the upcoming vacancy and the date when the trustee's term expires
12060 to the county legislative body in single county districts and to the nominating entities and the
12061 governor in all other districts; and
12062 (ii) publish the notice in a newspaper having general circulation within the district.
12063 (c) (i) Upon receipt of the notice of the expiration of a trustee's term or notice of a
12064 vacancy in the office of trustee, the county or municipal legislative body [of the city or the
12065 county legislative body], as the case may be, shall nominate candidates to fill the unexpired
12066 term of office pursuant to Subsection (1).
12067 (ii) If a trustee is to be appointed by the governor and the entity charged with
12068 nominating candidates [for appointment by the governor] has not submitted the list of
12069 nominees within 90 days after service of the notice, the governor shall make the appointment
12070 from qualified candidates without consultation with the county or municipal legislative body
12071 [of the city or the county legislative body].
12072 (iii) If the governor fails to appoint, the incumbent shall continue to serve until a
12073 successor is appointed and qualified.
12074 (iv) Appointment by the governor vests in the appointee, upon qualification, the
12075 authority to discharge the duties of trustee, subject only to the consent of the Senate.
12076 (d) Each trustee shall hold office during the term for which appointed and until a
12077 successor is duly appointed and has qualified.
12078 (3) Each trustee shall furnish a corporate surety bond at the expense of the district, [in
12079 amount and form fixed and approved by the court,] conditioned for the faithful performance of
12080 duties as a trustee.
12081 [(4) (a) A report of the business transacted during the preceding year by the district,
12082 including a financial report prepared by certified public accountants, shall be filed with:]
12083 [(i) the clerk of the district court;]
12084 [(ii) the governing bodies of counties with lands within the district; and]
12085 [(iii) cities charged with nominating trustees.]
12086 [(b) No more than 14 days and no less than five days prior to the annual meeting, the

12087 district shall have published at least once in a newspaper having general circulation within the
12088 district:]
12089 [(i) a notice of the annual meeting; and]
12090 [(ii) the names of the trustees.]
12091 [(c) The district shall have published a summary of its financial report in a newspaper
12092 having general circulation within the district. The summary shall be published no later than 30
12093 days after the date the audit report required under Title 51, Chapter 2a, Accounting Reports
12094 from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, is required
12095 to be filed with the state auditor.]
12096 [(d) Subsections (4)(b) and (c) do not apply to districts with annual revenues of less
12097 than $1,000,000.]
12098 (4) (a) The board of trustees of a water conservancy district may:
12099 (i) make and enforce all reasonable rules and regulations for the management, control,
12100 delivery, use, and distribution of water;
12101 (ii) withhold the delivery of water with respect to which there is a default or
12102 delinquency of payment;
12103 (iii) provide for and declare a forfeiture of the right to the use of water upon the default
12104 or failure to comply with an order, contract, or agreement for the purchase, lease, or use of
12105 water, and resell, lease, or otherwise dispose of water with respect to which a forfeiture has
12106 been declared;
12107 (iv) allocate and reallocate the use of water to lands within the district;
12108 (v) provide for and grant the right, upon terms, to transfer water from lands to which
12109 water has been allocated to other lands within the district;
12110 (vi) create a lien, as provided in this part, upon land to which the use of water is
12111 transferred;
12112 (vii) discharge a lien from land to which a lien has attached; and
12113 (viii) subject to Subsection (4)(b), enter into a written contract for the sale, lease, or
12114 other disposition of the use of water.
12115 (b) (i) A contract under Subsection (4)(a)(viii) may provide for the use of water
12116 perpetually or for a specified term.
12117 (ii) (A) If a contract under Subsection (4)(a)(viii) makes water available to the

12118 purchasing party without regard to actual taking or use, the board may require that the
12119 purchasing party give security for the payment to be made under the contract, unless the
12120 contract requires the purchasing party to pay for certain specified annual minimums.
12121 (B) The security requirement under Subsection (4)(b)(iii)(A) in a contract with a public
12122 entity may be met by including in the contract a provision for the public entity's levy of a
12123 special assessment to make annual payments to the district.
12124 Section 360. Section 17B-2a-1006 is enacted to read:
12125 17B-2a-1006. Limits on water conservancy district property tax levy -- Additional
12126 levy.
12127 (1) Except as provided in Subsection (2) and subject to Subsection (3), the property tax
12128 levy of a water conservancy district for district maintenance and operations may not exceed:
12129 (a) .0001 per dollar of taxable value of taxable property in the district, before the
12130 earliest of:
12131 (i) the planning or design of works;
12132 (ii) the acquisition of the site or right-of-way on which the works will be constructed;
12133 or
12134 (iii) the commencement of construction of the works; and
12135 (b) .0002 per dollar of taxable value of taxable property in the district, after the earliest
12136 of the events listed in Subsection (1)(a).
12137 (2) Notwithstanding Subsection (1) and subject to Subsection (3):
12138 (a) in a district that contains land located within the Lower Colorado River Basin, the
12139 levy after the earliest of the events listed in Subsection (1)(a) may be increased to a maximum
12140 of .001 per dollar of taxable value of taxable property in the district; and
12141 (b) in a district to be served under a contract, water appropriation, water allotment, or
12142 otherwise by water apportioned by the Colorado River Compact to the Upper Basin, the levy
12143 after the earliest of the events listed in Subsection (1)(a) may be increased to a maximum of
12144 .0004 per dollar of taxable value of taxable property.
12145 (3) Notwithstanding the limits on the rate of property tax levies under Subsections (1)
12146 and (2), a water conservancy district may impose an additional property tax levy, not to exceed
12147 .0001 per dollar of taxable value of taxable property in the district, if the additional levy is for
12148 the purpose of providing adequate funds to pay maturing bonds or other debts of the district.

12149 Section 361. Section 17B-2a-1007 is enacted to read:
12150 17B-2a-1007. Contract assessments.
12151 (1) As used in this section:
12152 (a) "Assessed land" means:
12153 (i) for a contract assessment under a water contract with a private water user, the land
12154 owned by the private water user that receives the beneficial use of water under the water
12155 contract; or
12156 (ii) for a contract assessment under a water contract with a public water user, the land
12157 within the boundaries of the public water user that is within the boundaries of the water
12158 conservancy district and that receives the beneficial use of water under the water contract.
12159 (b) "Contract assessment" means an assessment levied as provided in this section by a
12160 water conservancy district on assessed land.
12161 (c) "Governing body" means:
12162 (i) for a county, city, or town, the legislative body of the county, city, or town;
12163 (ii) for a local district, the board of trustees of the local district;
12164 (iii) for a special service district:
12165 (A) the legislative body of the county, city, or town that established the special service
12166 district, if no administrative control board has been appointed under Section 17A-2-1326 ; or
12167 (B) the administrative control board of the special service district, if an administrative
12168 control board has been appointed under Section 17A-2-1326 ; and
12169 (iv) for any other political subdivision of the state, the person or body with authority to
12170 govern the affairs of the political subdivision.
12171 (d) "Petitioner" means a private petitioner or a public petitioner.
12172 (e) "Private petitioner" means an owner of land within a water conservancy district who
12173 submits a petition to a water conservancy district under Subsection (3) to enter into a water
12174 contract with the district.
12175 (f) "Private water user" means an owner of land within a water conservancy district
12176 who enters into a water contract with the district.
12177 (g) "Public petitioner" means a political subdivision of the state:
12178 (i) whose territory is partly or entirely within the boundaries of a water conservancy
12179 district; and

12180 (ii) that submits a petition to a water conservancy district under Subsection (3) to enter
12181 into a water contract with the district.
12182 (h) "Public water user" means a political subdivision of the state:
12183 (i) whose territory is partly or entirely within the boundaries of a water conservancy
12184 district; and
12185 (ii) that enters into a water contract with the district.
12186 (i) "Water contract" means a contract between a water conservancy district and a
12187 private water user or a public water user under which the water user purchases, leases, or
12188 otherwise acquires the beneficial use of water from the water conservancy district for the
12189 benefit of:
12190 (i) land owned by the private water user; or
12191 (ii) land within the public water user's boundaries that is also within the boundaries of
12192 the water conservancy district.
12193 (j) "Water user" means a private water user or a public water user.
12194 (2) A water conservancy district may levy a contract assessment as provided in this
12195 section.
12196 (3) (a) The governing body of a public petitioner may authorize its chief executive
12197 officer to submit a written petition on behalf of the public petitioner to a water conservancy
12198 district requesting to enter into a water contract.
12199 (b) A private petitioner may submit a written petition to a water conservancy district
12200 requesting to enter into a water contract.
12201 (c) Each petition under this Subsection (3) shall include:
12202 (i) the petitioner's name;
12203 (ii) the quantity of water the petitioner desires to purchase or otherwise acquire;
12204 (iii) a description of the land upon which the water will be used;
12205 (iv) the price to be paid for the water;
12206 (v) the amount of any service, turnout, connection, distribution system, or other charge
12207 to be paid;
12208 (vi) whether payment will be made in cash or annual installments;
12209 (vii) a provision requiring the contract assessment to become a lien on the land for
12210 which the water is petitioned and is to be allotted; and

12211 (viii) an agreement that the petitioner is bound by the provisions of this part and the
12212 rules and regulations of the water conservancy district board of trustees.
12213 (4) (a) If the board of a water conservancy district desires to consider a petition
12214 submitted by a petitioner under Subsection (3), the board shall:
12215 (i) publish notice of the petition and of the hearing required under Subsection (4)(a)(ii)
12216 at least once a week in two successive weeks in a newspaper of general circulation within the
12217 county in which the political subdivision or private petitioner's land, as the case may be, is
12218 located; and
12219 (ii) hold a public hearing on the petition.
12220 (b) Each notice under Subsection (4)(a)(i) shall:
12221 (i) state that a petition has been filed and that the district is considering levying a
12222 contract assessment; and
12223 (ii) give the date, time, and place of the hearing required under Subsection (4)(a)(ii).
12224 (c) (i) At each hearing required under Subsection (4)(a)(ii), the board of trustees of the
12225 water conservancy district shall:
12226 (A) allow any interested person to appear and explain why the petition should not be
12227 granted; and
12228 (B) consider each written objection to the granting of the petition that the board
12229 receives before or at the hearing.
12230 (ii) The board of trustees may adjourn and reconvene the hearing as the board considers
12231 appropriate.
12232 (d) (i) Any interested person may file with the board of the water conservancy district,
12233 at or before the hearing under Subsection (4)(a)(ii), a written objection to the district's granting
12234 a petition.
12235 (ii) Each person who fails to submit a written objection within the time provided under
12236 Subsection (4)(d)(i) is considered to have consented to the district's granting the petition and
12237 levying a contract assessment.
12238 (5) After holding a public hearing as required under Subsection (4)(a)(ii), the board of
12239 trustees of a water conservancy district may:
12240 (a) deny the petition; or
12241 (b) grant the petition, if the board considers granting the petition to be in the best

12242 interests of the district.
12243 (6) The board of a water conservancy district that grants a petition under this section
12244 may:
12245 (a) make an allotment of water for the benefit of assessed land;
12246 (b) authorize any necessary construction to provide for the use of water upon the terms
12247 and conditions stated in the water contract;
12248 (c) divide the district into units and fix a different rate for water purchased or otherwise
12249 acquired and for other charges within each unit, if the rates and charges are equitable although
12250 not equal and uniform for similar classes of services throughout the district; and
12251 (d) levy a contract assessment on assessed land.
12252 (7) (a) The board of trustees of each water conservancy district that levies a contract
12253 assessment under this section shall:
12254 (i) cause a certified copy of the resolution, ordinance, or order levying the assessment
12255 to be recorded in the office of the recorder of each county in which assessed land is located;
12256 and
12257 (ii) on or before July 1 of each year after levying the contract assessment, certify to the
12258 auditor of each county in which assessed land is located the amount of the contract assessment.
12259 (b) Upon the recording of the resolution or ordinance under Subsection (7)(a)(i), the
12260 contract assessment associated with allotting water to the assessed land under the water
12261 contract becomes a perpetual lien on the assessed land.
12262 (c) Each county in which assessed land is located shall collect the contract assessment
12263 in the same manner as taxes levied by the county.
12264 (8) Each resolution, ordinance, or order under which a water conservancy district
12265 levied a Class B, Class C, or Class D assessment before April 30, 2007 under the law in effect
12266 at the time of the levy is validated, ratified, and confirmed, and a water conservancy district
12267 may continue to levy the assessment according to the terms of the resolution, ordinance, or
12268 order.
12269 Section 362. Section 17B-2a-1008 is enacted to read:
12270 17B-2a-1008. Subdistricts to become water conservancy districts.
12271 Each water conservancy subdistrict, created and operating under the law in effect before
12272 April 30, 2007 and existing on April 30, 2007, shall, on that date, become a water conservancy

12273 district.
12274 Section 363. Section 17C-1-102 is amended to read:
12275 17C-1-102. Definitions.
12276 As used in this title:
12277 (1) "Adjusted tax increment" means:
12278 (a) for tax increment under a pre-July 1, 1993 project area plan, tax increment under
12279 Section 17C-1-403 , excluding tax increment under Subsection 17C-1-403 (3); and
12280 (b) for tax increment under a post-June 30, 1993 project area plan, tax increment under
12281 Section 17C-1-404 , excluding tax increment under Section 17C-1-406 .
12282 (2) "Affordable housing" means housing to be owned or occupied by persons and
12283 families of low or moderate income, as determined by resolution of the agency.
12284 (3) "Agency" or "community development and renewal agency" means a separate body
12285 corporate and politic, created under Section 17C-1-201 or as a redevelopment agency under
12286 previous law, that is a political subdivision of the state, that is created to undertake or promote
12287 urban renewal, economic development, or community development, or any combination of
12288 them, as provided in this title, and whose geographic boundaries are coterminous with:
12289 (a) for an agency created by a county, the unincorporated area of the county; and
12290 (b) for an agency created by a city or town, the boundaries of the city or town.
12291 (4) "Annual income" has the meaning as defined under regulations of the U.S.
12292 Department of Housing and Urban Development, 24 C.F.R. Sec. 5.609, as amended or as
12293 superseded by replacement regulations.
12294 (5) "Assessment roll" has the meaning as defined in Section 59-2-102 .
12295 (6) "Base taxable value" means the taxable value of the property within a project area
12296 from which tax increment will be collected, as shown upon the assessment roll last equalized
12297 before:
12298 (a) for a pre-July 1, 1993 project area plan, the effective date of the project area plan; or
12299 (b) for a post-June 30, 1993 project area plan:
12300 (i) the date of the taxing entity committee's approval of the first project area budget; or
12301 (ii) if no taxing entity committee approval is required for the project area budget, the
12302 later of:
12303 (A) the date the project area plan is adopted by the community legislative body; and

12304 (B) the date the agency adopts the first project area budget.
12305 (7) "Basic levy" means the portion of a school district's tax levy constituting the
12306 minimum basic levy under Section 59-2-902 .
12307 (8) "Blight" or "blighted" means the condition of an area that meets the requirements of
12308 Subsection 17C-2-303 (1).
12309 (9) "Blight hearing" means a public hearing under Subsection 17C-2-102 (1) (a)(iii) and
12310 Section 17C-2-302 regarding the existence or nonexistence of blight within the proposed urban
12311 renewal project area.
12312 (10) "Blight study" means a study to determine the existence or nonexistence of blight
12313 within a survey area as provided in Section 17C-2-301 .
12314 (11) "Board" means the governing body of an agency, as provided in Section
12315 17C-1-203 .
12316 (12) "Budget hearing" means the public hearing on a draft project area budget required
12317 under Subsection 17C-2-201 (2)(d) for an urban renewal project area budget or Subsection
12318 17C-3-201 (2)(d) for an economic development project area budget.
12319 (13) "Combined incremental value" means the combined total of all incremental values
12320 from all urban renewal project areas, except project areas that contain some or all of a military
12321 installation or inactive industrial site, within the agency's boundaries under adopted project area
12322 plans and adopted project area budgets at the time that a project area budget for a new urban
12323 renewal project area is being considered.
12324 (14) "Community" means a county, city, or town.
12325 (15) "Community development" means development activities within a community,
12326 including the encouragement, promotion, or provision of development.
12327 (16) "Economic development" means to promote the creation or retention of public or
12328 private jobs within the state through:
12329 (a) planning, design, development, construction, rehabilitation, business relocation, or
12330 any combination of these, within a community; and
12331 (b) the provision of office, industrial, manufacturing, warehousing, distribution,
12332 parking, public, or other facilities, or other improvements that benefit the state or a community.
12333 (17) "Fair share ratio" means the ratio derived by:
12334 (a) for a city or town, comparing the percentage of all housing units within the city or

12335 town that are publicly subsidized income targeted housing units to the percentage of all housing
12336 units within the whole county that are publicly subsidized income targeted housing units; or
12337 (b) for the unincorporated part of a county, comparing the percentage of all housing
12338 units within the unincorporated county that are publicly subsidized income targeted housing
12339 units to the percentage of all housing units within the whole county that are publicly subsidized
12340 income targeted housing units.
12341 (18) "Family" has the meaning as defined under regulations of the U.S. Department of
12342 Housing and Urban Development, 24 C.F.R. Section 5.403, as amended or as superseded by
12343 replacement regulations.
12344 (19) "Greenfield" means land not developed beyond agricultural or forestry use.
12345 (20) "Housing funds" means the funds allocated in an urban renewal project area
12346 budget under Section 17C-2-203 for the purposes provided in Subsection 17C-1-412 (1).
12347 (21) (a) "Inactive industrial site" means land that:
12348 (i) consists of at least 1,000 acres;
12349 (ii) is occupied by an inactive or abandoned factory, smelter, or other heavy industrial
12350 facility; and
12351 (iii) requires remediation because of the presence of hazardous or solid waste as
12352 defined in Subsection 17B-4-604 (1)(a)(iii)(I), as last amended by Chapter 292, Laws of Utah
12353 2005.
12354 (b) "Inactive industrial site" includes a perimeter of up to 1,500 feet around the land
12355 described in Subsection (21)(a).
12356 (22) "Income targeted housing" means housing to be owned or occupied by a family
12357 whose annual income is at or below 80% of the median annual income for the county in which
12358 the housing is located.
12359 (23) "Incremental value" means a figure derived by multiplying the marginal value of
12360 the property located within an urban renewal project area on which tax increment is collected
12361 by a number that represents the percentage of adjusted tax increment from that project area that
12362 is paid to the agency.
12363 (24) "Loan fund board" means the Olene Walker Housing Loan Fund Board,
12364 established under Title 9, Chapter 4, Part 7, Olene Walker Housing Loan Fund.
12365 (25) "Marginal value" means the difference between actual taxable value and base

12366 taxable value.
12367 (26) "Military installation project area" means a project area or a portion of a project
12368 area located within a federal military installation ordered closed by the federal Defense Base
12369 Realignment and Closure Commission.
12370 (27) "Plan hearing" means the public hearing on a draft project area plan required
12371 under Subsection 17C-2-102 (1)(a)(viii) for an urban renewal project area plan, Subsection
12372 17C-3-102 (1)(d) for an economic development project area plan, and Subsection
12373 17C-4-102 (1)(d) for a community development project area plan.
12374 (28) "Post-June 30, 1993 project area plan" means a project area plan adopted on or
12375 after July 1, 1993, whether or not amended subsequent to its adoption.
12376 (29) "Pre-July 1, 1993 project area plan" means a project area plan adopted before July
12377 1, 1993, whether or not amended subsequent to its adoption.
12378 (30) "Private," with respect to real property, means:
12379 (a) not owned by the United States or any agency of the federal government, a public
12380 entity, or any other governmental entity; and
12381 (b) not dedicated to public use.
12382 (31) "Project area" means the geographic area described in a project area plan or draft
12383 project area plan where the urban renewal, economic development, or community
12384 development, as the case may be, set forth in the project area plan or draft project area plan
12385 takes place or is proposed to take place.
12386 (32) "Project area budget" means a multiyear projection of annual or cumulative
12387 revenues and expenses and other fiscal matters pertaining to a urban renewal or economic
12388 development project area that includes:
12389 (a) the base taxable value of property in the project area;
12390 (b) the projected tax increment expected to be generated within the project area;
12391 (c) the amount of tax increment expected to be shared with other taxing entities;
12392 (d) the amount of tax increment expected to be used to implement the project area plan,
12393 including the estimated amount of tax increment to be used for land acquisition, public
12394 improvements, infrastructure improvements, and loans, grants, or other incentives to private
12395 and public entities;
12396 (e) the tax increment expected to be used to cover the cost of administering the project

12397 area plan;
12398 (f) if the area from which tax increment is to be collected is less than the entire project
12399 area:
12400 (i) the tax identification numbers of the parcels from which tax increment will be
12401 collected; or
12402 (ii) a legal description of the portion of the project area from which tax increment will
12403 be collected; and
12404 (g) for property that the agency owns and expects to sell, the expected total cost of the
12405 property to the agency and the expected selling price.
12406 (33) "Project area plan" means a written plan under Part 4, Project Area Plan, that, after
12407 its effective date, guides and controls the urban renewal, economic development, or community
12408 development activities within a project area.
12409 (34) "Property tax" includes privilege tax and each levy on an ad valorem basis on
12410 tangible or intangible personal or real property.
12411 (35) "Public entity" means:
12412 (a) the state, including any of its departments or agencies; or
12413 (b) a political subdivision of the state, including a county, city, town, school district,
12414 [special district,] local district, special service district, or interlocal cooperation entity.
12415 (36) "Publicly owned infrastructure and improvements" means water, sewer, storm
12416 drainage, electrical, and other similar systems and lines, streets, roads, curb, gutter, sidewalk,
12417 walkways, parking facilities, public transportation facilities, and other facilities, infrastructure,
12418 and improvements benefitting the public and to be publicly owned or publicly maintained or
12419 operated.
12420 (37) "Record property owner" or "record owner of property" means the owner of real
12421 property as shown on the records of the recorder of the county in which the property is located
12422 and includes a purchaser under a real estate contract if the contract is recorded in the office of
12423 the recorder of the county in which the property is located or the purchaser gives written notice
12424 of the real estate contract to the agency.
12425 (38) "Superfund site":
12426 (a) means an area included in the National Priorities List under the Comprehensive
12427 Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sec. 9605; and

12428 (b) includes an area formerly included in the National Priorities List, as described in
12429 Subsection (38)(a), but removed from the list following remediation that leaves on site the
12430 waste that caused the area to be included in the National Priorities List.
12431 (39) "Survey area" means an area designated by a survey area resolution for study to
12432 determine whether one or more urban renewal projects within the area are feasible.
12433 (40) "Survey area resolution" means a resolution adopted by the agency board under
12434 Subsection 17C-2-101 (1)(a) designating a survey area.
12435 (41) "Taxable value" means the value of property as shown on the last equalized
12436 assessment roll as certified by the county assessor.
12437 (42) (a) "Tax increment" means, except as provided in Subsection (42)(b), the
12438 difference between:
12439 (i) the amount of property tax revenues generated each tax year by all taxing entities
12440 from the area within a project area designated in the project area plan as the area from which
12441 tax increment is to be collected, using the current assessed value of the property; and
12442 (ii) the amount of property tax revenues that would be generated from that same area
12443 using the base taxable value of the property.
12444 (b) "Tax increment" does not include taxes levied and collected under Section
12445 59-2-906.1 on or after January 1, 1994 upon the taxable property in the project area unless:
12446 (i) the project area plan was adopted before May 4, 1993, whether or not the project
12447 area plan was subsequently amended; and
12448 (ii) the taxes were pledged to support bond indebtedness or other contractual
12449 obligations of the agency.
12450 (43) "Taxing entity" means a public entity that levies a tax on property within a
12451 community.
12452 (44) "Taxing entity committee" means a committee representing the interests of taxing
12453 entities, created as provided in Section 17C-1-402 .
12454 (45) "Unincorporated" means not within a city or town.
12455 (46) (a) "Urban renewal" means the development activities under a project area plan
12456 within an urban renewal project area, including:
12457 (i) planning, design, development, demolition, clearance, construction, rehabilitation,
12458 or any combination of these, of part or all of a project area;

12459 (ii) the provision of residential, commercial, industrial, public, or other structures or
12460 spaces, including recreational and other facilities incidental or appurtenant to them;
12461 (iii) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating, or
12462 any combination of these, existing structures in a project area;
12463 (iv) providing open space, including streets and other public grounds and space around
12464 buildings;
12465 (v) providing public or private buildings, infrastructure, structures, and improvements;
12466 and
12467 (vi) providing improvements of public or private recreation areas and other public
12468 grounds.
12469 (b) "Urban renewal" means "redevelopment," as defined under the law in effect before
12470 May 1, 2006, if the context requires.
12471 Section 364. Section 19-3-301 is amended to read:
12472 19-3-301. Restrictions on nuclear waste placement in state.
12473 (1) The placement, including transfer, storage, decay in storage, treatment, or disposal,
12474 within the exterior boundaries of Utah of high-level nuclear waste or greater than class C
12475 radioactive waste is prohibited.
12476 (2) Notwithstanding Subsection (1) the governor, after consultation with the county
12477 executive and county legislative body of the affected county and with concurrence of the
12478 Legislature, may specifically approve the placement as provided in this part, but only if:
12479 (a) (i) the federal Nuclear Regulatory Commission issues a license, pursuant to the
12480 Nuclear Waste Policy Act, 42 U.S.C.A. 10101 et seq., or the Atomic Energy Act, 42 U.S.C.A.
12481 2011 et seq., for the placement within the exterior boundaries of Utah of high-level nuclear
12482 waste or greater than class C radioactive waste; and
12483 (ii) the authority of the federal Nuclear Regulatory Commission to grant a license under
12484 Subsection (2)(a)(i) is clearly upheld by a final judgment of a court of competent jurisdiction;
12485 or
12486 (b) an agency of the federal government is transporting the waste, and all state and
12487 federal requirements to proceed with the transportation have been met.
12488 (3) The requirement for the approval of a final court of competent jurisdiction shall be
12489 met in all of the following categories, in order for a state license proceeding regarding waste to

12490 begin:
12491 (a) transfer or transportation, by rail, truck, or other mechanisms;
12492 (b) storage, including any temporary storage at a site away from the generating reactor;
12493 (c) decay in storage;
12494 (d) treatment; and
12495 (e) disposal.
12496 (4) (a) Upon satisfaction of the requirements of Subsection (2)(a), for each category
12497 listed in Subsection (3), or satisfaction of the requirements under Subsection (2)(b), the
12498 governor, with the concurrence of the attorney general, shall certify in writing to the executive
12499 director of the Department of Environmental Quality that all of the requirements have been
12500 met, and that any necessary state licensing processes may begin.
12501 (b) Separate certification under this Subsection (4) shall be given for each category in
12502 Subsection (3).
12503 (5) (a) The department shall make, by rule, a determination of the dollar amount of the
12504 health and economic costs expected to result from a reasonably foreseeable accidental release
12505 of waste involving a transfer facility or storage facility, or during transportation of waste,
12506 within the exterior boundaries of the state. The department may initiate rulemaking under this
12507 Subsection (5)(a) on or after March 15, 2001.
12508 (b) (i) The department shall also determine the dollar amount currently available to
12509 cover the costs as determined in Subsection (5)(a):
12510 (A) under nuclear industry self-insurance;
12511 (B) under federal insurance requirements; and
12512 (C) in federal monies.
12513 (ii) The department may not include any calculations of federal monies that may be
12514 appropriated in the future in determining the amount under Subsection (5)(b)(i).
12515 (c) The department shall use the information compiled under Subsections (5)(a) and (b)
12516 to determine the amount of unfunded potential liability in the event of a release of waste from a
12517 storage or transfer facility, or a release during the transportation of waste.
12518 (6) (a) State agencies may not, for the purpose of providing any goods, services, or
12519 municipal-type services to a storage facility or transfer facility, or to any organization engaged
12520 in the transportation of waste, enter into any contracts or any other agreements prior to:

12521 (i) the satisfaction of the conditions in Subsection (4); and
12522 (ii) the executive director of the department having certified that the requirements of
12523 Sections 19-3-304 through 19-3-308 have been met for the purposes of a license application
12524 proceeding for a storage facility or transfer facility.
12525 (b) Political subdivisions of the state may not enter into any contracts or any other
12526 agreements for the purpose of providing any goods, services, or municipal-type services to a
12527 storage facility or transfer facility, or to any organization engaged in the transportation of
12528 waste.
12529 (c) This Subsection (6) does not prohibit a state agency from exercising the regulatory
12530 authority granted to it by law.
12531 (7) (a) Notwithstanding any other provision of law, any political subdivision may not
12532 be formed pursuant to the laws of Utah for the purpose of providing any goods, services, or
12533 municipal-type services to a storage facility or transfer facility prior to the satisfaction of the
12534 conditions in Subsection (4). These political subdivisions include:
12535 (i) a cooperative;
12536 (ii) a [special] local district authorized by Title [17A, Special Districts] 17B, Limited
12537 Purposed Local Government Entities - Local Districts;
12538 (iii) a special service district under Title 17A, Chapter 2, Part 13, Utah Special Service
12539 District Act;
12540 [(iii)] (iv) a limited purpose local governmental entities authorized by Title 17,
12541 Counties;
12542 [(iv)] (v) any joint power agreement authorized by Title 11, Cities, Counties, and Local
12543 Taxing Units; and
12544 [(v)] (vi) the formation of a municipality, or any authority of a municipality authorized
12545 by Title 10, Utah Municipal Code.
12546 (b) (i) Subsection (7)(a) shall be strictly interpreted. Any political subdivision
12547 authorized and formed under the laws of the state on or after March 15, 2001 which
12548 subsequently contracts to, or in any manner agrees to provide, or does provide goods, services,
12549 or municipal-type services to a storage facility or transfer facility is formed in violation of
12550 Subsection (7)(a).
12551 (ii) If the conditions of Subsection (7)(b)(i) apply, the persons who formed the political

12552 subdivision are considered to have knowingly violated a provision of this part, and the
12553 penalties of Section 19-3-312 apply.
12554 (8) (a) An organization may not be formed for the purpose of providing any goods,
12555 services, or municipal-type services to a storage facility or transfer facility prior to:
12556 (i) the satisfaction of the conditions in Subsection (4); and
12557 (ii) the executive director of the department having certified that the requirements of
12558 Sections 19-3-304 through 19-3-308 have been met.
12559 (b) A foreign organization may not be registered to do business in the state for the
12560 purpose of providing any goods, services, or municipal-type services to a storage facility or
12561 transfer facility prior to:
12562 (i) the satisfaction of the conditions in Subsection (4); and
12563 (ii) the executive director of the department having certified that the requirements of
12564 Sections 19-3-304 through 19-3-308 have been met.
12565 (c) The prohibitions of Subsections (8)(a) and (b) shall be strictly applied, and:
12566 (i) the formation of a new organization or registration of a foreign organization within
12567 the state, any of whose purposes are to provide goods, services, or municipal-type services to a
12568 storage facility or transfer facility may not be licensed or registered in the state, and the local or
12569 foreign organization is void and does not have authority to operate within the state;
12570 (ii) any organization which is formed or registered on or after March 15, 2001, and
12571 which subsequently contracts to, or in any manner agrees to provide, or does provide goods,
12572 services, or municipal-type services to a storage facility or transfer facility has been formed or
12573 registered in violation of Subsection (8)(a) or (b) respectively; and
12574 (iii) if the conditions of Subsection (8)(c)(ii) apply, the persons who formed the
12575 organization or the principals of the foreign organization, are considered to have knowingly
12576 violated a provision of this part, and are subject to the penalties in Section 19-3-312 .
12577 (9) (a) (i) Any contract or agreement to provide any goods, services, or municipal-type
12578 services to any organization engaging in, or attempting to engage in the placement of high-level
12579 nuclear waste or greater than class C radioactive waste at a storage facility or transfer facility
12580 within the state are declared to be against the greater public interest, health, and welfare of the
12581 state, by promoting an activity which has the great potential to cause extreme public harm.
12582 (ii) These contracts or agreements under Subsection (9)(a)(i), whether formal or

12583 informal, are declared to be void from inception, agreement, or execution as against public
12584 policy.
12585 (b) (i) Any contract or other agreement to provide goods, services, or municipal-type
12586 services to storage or transfer facilities may not be executed within the state.
12587 (ii) Any contract or other agreement, existing or executed on or after March 15, 2001,
12588 is considered void from the time of agreement or execution.
12589 (10) (a) All contracts and agreements under Subsection (10)(b) are assessed an annual
12590 transaction fee of 75% of the gross value of the contract to the party providing the goods,
12591 services, or municipal-type services to the storage facility or transfer facility or transportation
12592 entity. The fee shall be assessed per calendar year, and is payable on a prorated basis on or
12593 before the last day of each month in accordance with rules established under Subsection
12594 (10)(d), and as follows:
12595 (i) 25% of the gross value of the contract to the department; and
12596 (ii) 50% of the gross value of the contract to the Department of Community and
12597 Culture, to be used by the Utah Division of Indian Affairs as provided in Subsection (11).
12598 (b) Contracts and agreements subject to the fee under Subsection (10)(a) are those
12599 contracts and agreements to provide goods, services, or municipal-type services to a storage or
12600 transfer facility, or to any organization engaged in the transportation of high-level nuclear
12601 waste or greater than class C radioactive waste to a transfer facility or storage facility, and
12602 which:
12603 (i) are in existence on March 15, 2001; or
12604 (ii) become effective notwithstanding Subsection (9)(a).
12605 (c) Any governmental agency which regulates the charges to consumers for services
12606 provided by utilities or other organizations shall require the regulated utility or organization to
12607 include the fees under Subsection (10)(a) in the rates charged to the purchaser of the goods,
12608 services, or municipal-type services affected by Subsection (10)(b).
12609 (d) (i) The department, in consultation with the State Tax Commission, shall establish
12610 rules for the valuation of the contracts and assessment and collection of the fees, and other
12611 rules as necessary to determine the amount of and collection of the fee under Subsection
12612 (10)(a). The department may initiate rulemaking under this Subsection (10)(d)(i) on or after
12613 March 15, 2001.

12614 (ii) Persons and organizations holding contracts affected by Subsection (10)(b) shall
12615 make a good faith estimate of the fee under Subsection (10)(a) for calendar year 2001, and
12616 remit that amount to the department on or before July 31, 2001.
12617 (11) (a) The portion of the fees imposed under Subsection (10) which is to be paid to
12618 the Department of Community and Culture for use by the Utah Division of Indian Affairs shall
12619 be used for establishment of a statewide community and economic development program for
12620 the tribes of Native American people within the exterior boundaries of the state who have by
12621 tribal procedure established a position rejecting siting of any nuclear waste facility on their
12622 reservation lands.
12623 (b) The program under Subsection (11)(a) shall include:
12624 (i) educational services and facilities;
12625 (ii) health care services and facilities;
12626 (iii) programs of economic development;
12627 (iv) utilities;
12628 (v) sewer;
12629 (vi) street lighting;
12630 (vii) roads and other infrastructure; and
12631 (viii) oversight and staff support for the program.
12632 (12) It is the intent of the Legislature that this part does not prohibit or interfere with a
12633 person's exercise of the rights under the First Amendment to the Constitution of the United
12634 States or under Utah Constitution Article I, Sec. 15, by an organization attempting to site a
12635 storage facility or transfer facility within the borders of the state for the placement of high-level
12636 nuclear waste or greater than class C radioactive waste.
12637 Section 365. Section 19-4-111 is amended to read:
12638 19-4-111. Fluorine added to or removed from water -- Election required.
12639 (1) (a) Except as provided in Subsection 19-4-104 (1)(a)(i), public water supplies,
12640 whether state, county, municipal, or district, may not have fluorine or any of its derivatives or
12641 compounds added to or removed from them without the approval of a majority of voters in an
12642 election in the area affected.
12643 (b) An election shall be held:
12644 (i) upon the filing of an initiative petition requesting the action in accordance with state

12645 law governing initiative petitions;
12646 (ii) in the case of a municipal, [special] local district, special service district, or county
12647 water system which is functionally separate from any other water system, upon the passage of a
12648 resolution by the legislative body or [special] local district or special service district board
12649 representing the affected voters, submitting the question to the affected voters at a municipal
12650 general election; or
12651 (iii) in a county of the first or second class, upon the passage of a resolution by the
12652 county legislative body to place an opinion question relating to all public water systems within
12653 the county, except as provided in Subsection (2), on the ballot at a general election.
12654 (2) If a majority of voters on an opinion question under Subsection (1)(b)(iii) approve
12655 the addition of fluorine to or the removal of fluorine from the public water supplies within the
12656 county, the local health departments shall require the addition of fluorine to or the removal of
12657 fluorine from all public water supplies within that county other than those systems:
12658 (a) that are functionally separate from any other public water systems in that county;
12659 and
12660 (b) where a majority of the voters served by the public water system voted against the
12661 addition or removal of fluorine on the opinion question under Subsection (1)(b)(iii).
12662 (3) Nothing contained in this section prohibits the addition of chlorine or other water
12663 purifying agents.
12664 (4) Any political subdivision which, prior to November 2, 1976, decided to and was
12665 adding fluorine or any of its derivatives or compounds to the drinking water is considered to
12666 have complied with Subsection (1).
12667 (5) In an election held pursuant to Subsections (1)(b)(i), (ii), or (iii), where a majority
12668 of the voters approve the addition to or removal of fluorine from the public water supplies, no
12669 election to consider removing fluorine from or adding fluorine to the public water supplies
12670 shall be held for a period of four years from the date of approval by the majority of voters
12671 beginning with elections held in November 2000.
12672 (6) For purposes of this section, "removal" means ceasing to add fluorine to a public
12673 water supply, the addition having been previously approved by the voters of a political
12674 subdivision.
12675 Section 366. Section 19-6-502 is amended to read:

12676 19-6-502. Definitions.
12677 As used in this part:
12678 (1) "Governing body" means the governing board, commission, or council of a public
12679 entity.
12680 (2) "Jurisdiction" means the area within the incorporated limits of a municipality,
12681 special service district, municipal-type service district, county service area, or all of the
12682 territorial area of a county not lying within a city or town.
12683 (3) "Long-term agreement" means an agreement or contract having a term of more than
12684 five years and less than 50 years.
12685 (4) "Public entity" means a county, municipality, special service district, [or county]
12686 created under Title 17A, Chapter 2, Part 13, Utah Special Service District Act, or service area
12687 created under Title [17A] 17B, Chapter [2, Independent Special Districts,] 2a, Part 9, Service
12688 Area Act and a municipal-type service district created under Title 17, Chapter 34,
12689 Municipal-type Services to Unincorporated Areas.
12690 (5) "Resource recovery" means the separation, extraction, recycling, or recovery of
12691 usable materials, energy, fuel, or heat from solid waste and the disposition of it.
12692 (6) "Short-term agreement" means any contract or agreement having a term of five
12693 years or less.
12694 (7) "Solid waste" means all putrescible and nonputrescible materials or substances
12695 discarded or rejected as being spent, useless, worthless, or in excess to the owner's needs at the
12696 time of discard or rejection, including garbage, refuse, industrial and commercial waste,
12697 sludges from air or water control facilities, rubbish, ashes, contained gaseous material,
12698 incinerator residue, demolition, and construction debris, discarded automobiles and offal, but
12699 not including sewage and other highly diluted water carried materials or substances and those
12700 in gaseous form.
12701 (8) "Solid waste management" means the purposeful and systematic collection,
12702 transportation, storage, processing, recovery, and disposal of solid waste.
12703 (9) "Solid waste management facility" means any facility employed for solid waste
12704 management, including transfer stations, transport systems, baling facilities, landfills,
12705 processing systems, including resource recovery facilities or other facilities for reducing solid
12706 waste volume, plants and facilities for compacting, composting, or pyrolization of solid wastes,

12707 incinerators and other solid waste disposal, reduction, or conversion facilities, and facilities for
12708 resource recovery of energy consisting of:
12709 (a) facilities for the production, transmission, distribution, and sale of heat and
12710 steam[,]; and
12711 (b) facilities for the generation and sale of electric energy to a public utility or
12712 municipality or other public entity which owns and operates an electric power system on March
12713 15, 1982, and for the generation, sale, and transmission of electric energy on an emergency
12714 basis only to a military installation of the United States; provided, that solid waste management
12715 facilities are not a public utility as defined in Section 54-2-1 .
12716 Section 367. Section 20A-1-102 is amended to read:
12717 20A-1-102. Definitions.
12718 As used in this title:
12719 (1) "Active voter" means a registered voter who has not been classified as an inactive
12720 voter by the county clerk.
12721 (2) "Automatic tabulating equipment" means apparatus that automatically examines
12722 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
12723 (3) "Ballot" means the storage medium, whether paper, mechanical, or electronic, upon
12724 which a voter records his votes and includes ballot sheets, paper ballots, electronic ballots, and
12725 secrecy envelopes.
12726 (4) "Ballot sheet":
12727 (a) means a ballot that:
12728 (i) consists of paper or a card where the voter's votes are marked or recorded; and
12729 (ii) can be counted using automatic tabulating equipment; and
12730 (b) includes punch card ballots, and other ballots that are machine-countable.
12731 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that
12732 contain the names of offices and candidates and statements of ballot propositions to be voted
12733 on and which are used in conjunction with ballot sheets that do not display that information.
12734 (6) "Ballot proposition" means opinion questions specifically authorized by the
12735 Legislature, constitutional amendments, initiatives, referenda, and judicial retention questions
12736 that are submitted to the voters for their approval or rejection.
12737 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and

12738 20A-4-306 to canvass election returns.
12739 (8) "Bond election" means an election held for the purpose of approving or rejecting
12740 the proposed issuance of bonds by a government entity.
12741 (9) "Book voter registration form" means voter registration forms contained in a bound
12742 book that are used by election officers and registration agents to register persons to vote.
12743 (10) "By-mail voter registration form" means a voter registration form designed to be
12744 completed by the voter and mailed to the election officer.
12745 (11) "Canvass" means the review of election returns and the official declaration of
12746 election results by the board of canvassers.
12747 (12) "Canvassing judge" means a poll worker designated to assist in counting ballots at
12748 the canvass.
12749 (13) "Convention" means the political party convention at which party officers and
12750 delegates are selected.
12751 (14) "Counting center" means one or more locations selected by the election officer in
12752 charge of the election for the automatic counting of ballots.
12753 (15) "Counting judge" means a poll worker designated to count the ballots during
12754 election day.
12755 (16) "Counting poll watcher" means a person selected as provided in Section
12756 20A-3-201 to witness the counting of ballots.
12757 (17) "Counting room" means a suitable and convenient private place or room,
12758 immediately adjoining the place where the election is being held, for use by the counting judges
12759 to count ballots during election day.
12760 (18) "County executive" has the meaning as provided in Subsection 68-3-12 (2).
12761 (19) "County legislative body" has the meaning as provided in Subsection 68-3-12 (2).
12762 (20) "County officers" means those county officers that are required by law to be
12763 elected.
12764 (21) "Election" means a regular general election, a municipal general election, a
12765 statewide special election, a local special election, a regular primary election, a municipal
12766 primary election, and a [special] local district election.
12767 (22) "Election Assistance Commission" means the commission established by Public
12768 Law 107-252, the Help America Vote Act of 2002.

12769 (23) "Election cycle" means the period beginning on the first day persons are eligible to
12770 file declarations of candidacy and ending when the canvass is completed.
12771 (24) "Election judge" means each canvassing judge, counting judge, and receiving
12772 judge.
12773 (25) "Election officer" means:
12774 (a) the lieutenant governor, for all statewide ballots;
12775 (b) the county clerk or clerks for all county ballots and for certain ballots and elections
12776 as provided in Section 20A-5-400.5 ;
12777 (c) the municipal clerk for all municipal ballots and for certain ballots and elections as
12778 provided in Section 20A-5-400.5 ;
12779 (d) the [special] local district clerk or chief executive officer for certain ballots and
12780 elections as provided in Section 20A-5-400.5 ; and
12781 (e) the business administrator or superintendent of a school district for certain ballots
12782 or elections as provided in Section 20A-5-400.5 .
12783 (26) "Election official" means any election officer, election judge, poll worker, or
12784 satellite registrar.
12785 (27) "Election results" means, for bond elections, the count of those votes cast for and
12786 against the bond proposition plus any or all of the election returns that the board of canvassers
12787 may request.
12788 (28) "Election returns" includes the pollbook, all affidavits of registration, the military
12789 and overseas absentee voter registration and voting certificates, one of the tally sheets, any
12790 unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all
12791 spoiled ballots, the ballot disposition form, and the total votes cast form.
12792 (29) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
12793 device or other voting device that records and stores ballot information by electronic means.
12794 (30) "Electronic voting system" means a system in which a voting device is used in
12795 conjunction with ballots so that votes recorded by the voter are counted and tabulated by
12796 automatic tabulating equipment.
12797 (31) "Inactive voter" means a registered voter who has been sent the notice required by
12798 Section 20A-2-306 and who has failed to respond to that notice.
12799 (32) "Inspecting poll watcher" means a person selected as provided in this title to

12800 witness the receipt and safe deposit of voted and counted ballots.
12801 (33) "Judicial office" means the office filled by any judicial officer.
12802 (34) "Judicial officer" means any justice or judge of a court of record or any county
12803 court judge.
12804 (35) "Local district" means those local government entities created under the authority
12805 of Title 17B, Limited Purpose Local Government Entities - Local Districts, and includes
12806 special service districts under Title 17A, Chapter 2, Part 13, Utah Special Service District Act.
12807 (36) "Local district officers" means those local district officers that are required by law
12808 to be elected.
12809 [(35)] (37) "Local election" means a regular municipal election, a local special election,
12810 a [special] local district election, and a bond election.
12811 [(36)] (38) "Local political subdivision" means a county, a municipality, a [special]
12812 local district, or a local school district.
12813 [(37)] (39) "Local special election" means a special election called by the governing
12814 body of a local political subdivision in which all registered voters of the local political
12815 subdivision may vote.
12816 [(38)] (40) "Municipal executive" means:
12817 (a) the city council or town council in the traditional management arrangement
12818 established by Title 10, Chapter 3, Part 1, Governing Body;
12819 (b) the mayor in the council-mayor optional form of government defined in Section
12820 10-3-101 ; and
12821 (c) the manager in the council-manager optional form of government defined in
12822 Section 10-3-101 .
12823 [(39)] (41) "Municipal general election" means the election held in municipalities and
12824 [special] local districts on the first Tuesday after the first Monday in November of each
12825 odd-numbered year for the purposes established in Section 20A-1-202 .
12826 [(40)] (42) "Municipal legislative body" means:
12827 (a) the city council or town council in the traditional management arrangement
12828 established by Title 10, Chapter 3, Part 1, Governing Body;
12829 (b) the municipal council in the council-mayor optional form of government defined in
12830 Section 10-3-101 ; and

12831 (c) the municipal council in the council-manager optional form of government defined
12832 in Section 10-3-101 .
12833 [(41)] (43) "Municipal officers" means those municipal officers that are required by
12834 law to be elected.
12835 [(42)] (44) "Municipal primary election" means an election held to nominate
12836 candidates for municipal office.
12837 [(43)] (45) "Official ballot" means the ballots distributed by the election officer to the
12838 poll workers to be given to voters to record their votes.
12839 [(44)] (46) "Official endorsement" means:
12840 (a) the information on the ballot that identifies:
12841 (i) the ballot as an official ballot;
12842 (ii) the date of the election; and
12843 (iii) the facsimile signature of the election officer; and
12844 (b) the information on the ballot stub that identifies:
12845 (i) the poll worker's initials; and
12846 (ii) the ballot number.
12847 [(45)] (47) "Official register" means the official record furnished to election officials
12848 by the election officer that contains the information required by Section 20A-5-401 .
12849 [(46)] (48) "Paper ballot" means a paper that contains:
12850 (a) the names of offices and candidates and statements of ballot propositions to be
12851 voted on; and
12852 (b) spaces for the voter to record his vote for each office and for or against each ballot
12853 proposition.
12854 [(47)] (49) "Political party" means an organization of registered voters that has
12855 qualified to participate in an election by meeting the requirements of Title 20A, Chapter 8,
12856 Political Party Formation and Procedures.
12857 [(48)] (50) (a) "Poll worker" means a person assigned by an election official to assist
12858 with an election, voting, or counting votes.
12859 (b) "Poll worker" includes election judges.
12860 (c) "Poll worker" does not include a watcher.
12861 [(49)] (51) "Pollbook" means a record of the names of voters in the order that they

12862 appear to cast votes.
12863 [(50)] (52) "Polling place" means the building where voting is conducted.
12864 [(51)] (53) "Position" means a square, circle, rectangle, or other geometric shape on a
12865 ballot in which the voter marks his choice.
12866 [(52)] (54) "Provisional ballot" means a ballot voted provisionally by a person:
12867 (a) whose name is not listed on the official register at the polling place;
12868 (b) whose legal right to vote is challenged as provided in this title; or
12869 (c) whose identity was not sufficiently established by an election judge.
12870 [(53)] (55) "Provisional ballot envelope" means an envelope printed in the form
12871 required by Section 20A-6-105 that is used to identify provisional ballots and to provide
12872 information to verify a person's legal right to vote.
12873 [(54)] (56) "Primary convention" means the political party conventions at which
12874 nominees for the regular primary election are selected.
12875 [(55)] (57) "Protective counter" means a separate counter, which cannot be reset, that is
12876 built into a voting machine and records the total number of movements of the operating lever.
12877 [(56)] (58) "Qualify" or "qualified" means to take the oath of office and begin
12878 performing the duties of the position for which the person was elected.
12879 [(57)] (59) "Receiving judge" means the poll worker that checks the voter's name in the
12880 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
12881 after the voter has voted.
12882 [(58)] (60) "Registration days" means the days designated in Section 20A-2-203 when
12883 a voter may register to vote with a satellite registrar.
12884 [(59)] (61) "Registration form" means a book voter registration form and a by-mail
12885 voter registration form.
12886 [(60)] (62) "Regular ballot" means a ballot that is not a provisional ballot.
12887 [(61)] (63) "Regular general election" means the election held throughout the state on
12888 the first Tuesday after the first Monday in November of each even-numbered year for the
12889 purposes established in Section 20A-1-201 .
12890 [(62)] (64) "Regular primary election" means the election on the fourth Tuesday of
12891 June of each even-numbered year, at which candidates of political parties and nonpolitical
12892 groups are voted for nomination.

12893 [(63)] (65) "Resident" means a person who resides within a specific voting precinct in
12894 Utah.
12895 [(64)] (66) "Sample ballot" means a mock ballot similar in form to the official ballot
12896 printed and distributed as provided in Section 20A-5-405 .
12897 [(65)] (67) "Satellite registrar" means a person appointed under Section 20A-5-201 to
12898 register voters and perform other duties.
12899 [(66)] (68) "Scratch vote" means to mark or punch the straight party ticket and then
12900 mark or punch the ballot for one or more candidates who are members of different political
12901 parties.
12902 [(67)] (69) "Secrecy envelope" means the envelope given to a voter along with the
12903 ballot into which the voter places the ballot after he has voted it in order to preserve the secrecy
12904 of the voter's vote.
12905 [(68) "Special district" means those local government entities created under the
12906 authority of Title 17A.]
12907 [(69) "Special district officers" means those special district officers that are required by
12908 law to be elected.]
12909 (70) "Special election" means an election held as authorized by Section 20A-1-204 .
12910 (71) "Spoiled ballot" means each ballot that:
12911 (a) is spoiled by the voter;
12912 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
12913 (c) lacks the official endorsement.
12914 (72) "Statewide special election" means a special election called by the governor or the
12915 Legislature in which all registered voters in Utah may vote.
12916 (73) "Stub" means the detachable part of each ballot.
12917 (74) "Substitute ballots" means replacement ballots provided by an election officer to
12918 the poll workers when the official ballots are lost or stolen.
12919 (75) "Ticket" means each list of candidates for each political party or for each group of
12920 petitioners.
12921 (76) "Transfer case" means the sealed box used to transport voted ballots to the
12922 counting center.
12923 (77) "Vacancy" means the absence of a person to serve in any position created by

12924 statute, whether that absence occurs because of death, disability, disqualification, resignation,
12925 or other cause.
12926 (78) "Valid voter identification" means:
12927 (a) a form of identification that bears the name and photograph of the voter which may
12928 include:
12929 (i) a currently valid Utah driver license;
12930 (ii) a currently valid identification card that is issued by:
12931 (A) the state;
12932 (B) a local government within the state; or
12933 (C) a branch, department, or agency of the United States;
12934 (iii) an identification card that is issued by an employer for an employee;
12935 (iv) a currently valid identification card that is issued by a college, university, technical
12936 school, or professional school that is located within the state;
12937 (v) a currently valid Utah permit to carry a concealed weapon;
12938 (vi) a currently valid United States passport; or
12939 (vii) a valid tribal identification card; or
12940 (b) two forms of identification that bear the name of the voter and provide evidence
12941 that the voter resides in the voting precinct, which may include:
12942 (i) a voter identification card;
12943 (ii) a current utility bill or a legible copy thereof;
12944 (iii) a bank or other financial account statement, or a legible copy thereof;
12945 (iv) a certified birth certificate;
12946 (v) a valid Social Security card;
12947 (vi) a check issued by the state or the federal government or a legible copy thereof;
12948 (vii) a paycheck from the voter's employer, or a legible copy thereof;
12949 (viii) a currently valid Utah hunting or fishing license;
12950 (ix) a currently valid United States military identification card;
12951 (x) certified naturalization documentation;
12952 (xi) a currently valid license issued by an authorized agency of the United States;
12953 (xii) a certified copy of court records showing the voter's adoption or name change;
12954 (xiii) a Bureau of Indian Affairs card;

12955 (xiv) a tribal treaty card;
12956 (xv) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card; or
12957 (xvi) a form of identification listed in Subsection (76)(a) that does not contain a
12958 photograph, but establishes the name of the voter and provides evidence that the voter resides
12959 in the voting precinct.
12960 (79) "Valid write-in candidate" means a candidate who has qualified as a write-in
12961 candidate by following the procedures and requirements of this title.
12962 (80) "Voter" means a person who meets the requirements for voting in an election,
12963 meets the requirements of election registration, is registered to vote, and is listed in the official
12964 register book.
12965 (81) "Voter registration deadline" means the registration deadline provided in Section
12966 20A-2-102.5 .
12967 (82) "Voting area" means the area within six feet of the voting booths, voting
12968 machines, and ballot box.
12969 (83) "Voting booth" means:
12970 (a) the space or compartment within a polling place that is provided for the preparation
12971 of ballots, including the voting machine enclosure or curtain; or
12972 (b) a voting device that is free standing.
12973 (84) "Voting device" means:
12974 (a) an apparatus in which ballot sheets are used in connection with a punch device for
12975 piercing the ballots by the voter;
12976 (b) a device for marking the ballots with ink or another substance;
12977 (c) a device used to make selections and cast a ballot electronically, or any component
12978 thereof;
12979 (d) an automated voting system under Section 20A-5-302 ; or
12980 (e) any other method for recording votes on ballots so that the ballot may be tabulated
12981 by means of automatic tabulating equipment.
12982 (85) "Voting machine" means a machine designed for the sole purpose of recording and
12983 tabulating votes cast by voters at an election.
12984 (86) "Voting poll watcher" means a person appointed as provided in this title to witness
12985 the distribution of ballots and the voting process.

12986 (87) "Voting precinct" means the smallest voting unit established as provided by law
12987 within which qualified voters vote at one polling place.
12988 (88) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting
12989 poll watcher, and a testing watcher.
12990 (89) "Western States Presidential Primary" means the election established in Title 20A,
12991 Chapter 9, Part 8.
12992 (90) "Write-in ballot" means a ballot containing any write-in votes.
12993 (91) "Write-in vote" means a vote cast for a person whose name is not printed on the
12994 ballot according to the procedures established in this title.
12995 Section 368. Section 20A-1-201.5 is amended to read:
12996 20A-1-201.5. Primary election dates.
12997 (1) A regular primary election shall be held throughout the state on the fourth Tuesday
12998 of June of each even numbered year as provided in Section 20A-9-403 , to nominate persons for
12999 national, state, school board, and county offices.
13000 (2) A municipal primary election shall be held, if necessary, on the Tuesday following
13001 the first Monday in October before the regular municipal election to nominate persons for
13002 municipal and [special] local district offices.
13003 (3) The Western States Presidential Primary election shall be held throughout the state
13004 on the first Tuesday in February in the year in which a presidential election will be held.
13005 Section 369. Section 20A-1-202 is amended to read:
13006 20A-1-202. Date and purpose of local elections.
13007 (1) A municipal general election shall be held in municipalities and [special] local
13008 districts on the first Tuesday after the first Monday in November of each odd-numbered year.
13009 (2) At the municipal general election, the voters shall:
13010 (a) (i) choose persons to serve as municipal officers; and
13011 (ii) choose persons to serve as [special] local district officers; and
13012 (b) approve or reject:
13013 (i) any proposed initiatives or referenda that have qualified for the ballot as provided by
13014 law; and
13015 (ii) any other ballot propositions submitted to the voters that are authorized by the Utah
13016 Code.

13017 Section 370. Section 20A-1-512 is amended to read:
13018 20A-1-512. Midterm vacancies on local district boards.
13019 (1) (a) Whenever a vacancy occurs on any [special] local district board for any reason,
13020 a replacement to serve out the unexpired term shall be appointed as provided in this section by:
13021 (i) the [special] local district board, if the person vacating the position was elected; or
13022 (ii) the appointing authority, if the person vacating the position was appointed.
13023 (b) Before acting to fill the vacancy, the [special] local district board shall:
13024 (i) give public notice of the vacancy at least two weeks before the [special] local
13025 district board meets to fill the vacancy;
13026 (ii) identify, in the notice:
13027 (A) the date, time, and place of the meeting where the vacancy will be filled; and
13028 (B) the person to whom a person interested in being appointed to fill the vacancy may
13029 submit his name for consideration and any deadline for submitting it.
13030 (2) If the [special] local district board fails to appoint a person to complete an elected
13031 board member's term within 90 days, the county or municipality that created the [special] local
13032 district shall fill the vacancy.
13033 Section 371. Section 20A-2-101 is amended to read:
13034 20A-2-101. Eligibility for registration.
13035 (1) Except as provided in Subsection (2), any person may apply to register to vote in an
13036 election who:
13037 (a) is a citizen of the United States;
13038 (b) has been a resident of Utah for at least the 30 days immediately before the election;
13039 and
13040 (c) will be at least 18 years old on the day of the election.
13041 (2) (a) (i) A person who is involuntarily confined or incarcerated in a jail, prison, or
13042 other facility within a voting precinct is not a resident of that voting precinct and may not
13043 register to vote in that voting precinct unless the person was a resident of that voting precinct
13044 before the confinement or incarceration.
13045 (ii) A person who is involuntarily confined or incarcerated in a jail or prison is resident
13046 of the voting precinct in which the person resided before the confinement or incarceration.
13047 (b) A person who has been convicted of a felony whose right to vote has not been

13048 restored as provided by law may not register to vote.
13049 (3) Any person who is eligible or qualified to vote may register and vote in a regular
13050 general election, a regular primary election, a municipal general election, a municipal primary
13051 election, a statewide [special] local election, a local special election, a special district election,
13052 and a bond election unless that person resides outside the geographic boundaries of the entity in
13053 which the election is held.
13054 Section 372. Section 20A-3-101 is amended to read:
13055 20A-3-101. Residency and age requirements of voters.
13056 (1) A person may vote in any regular general election or statewide special election if
13057 that person:
13058 (a) is a citizen of the United States;
13059 (b) is a resident of Utah;
13060 (c) will, on the date of that election:
13061 (i) be at least 18 years old; and
13062 (ii) have been a resident of Utah for 30 days immediately before that election; and
13063 (d) has registered to vote.
13064 (2) A person may vote in the Western States Presidential Primary election or a regular
13065 primary election if that person:
13066 (a) is a citizen of the United States;
13067 (b) is a resident of Utah;
13068 (c) will, on the date of that election:
13069 (i) be at least 18 years old; and
13070 (ii) have been a resident of Utah for 30 days immediately before that election;
13071 (d) has registered to vote; and
13072 (e) whose political party affiliation, or unaffiliated status, allows the voter to vote in the
13073 election.
13074 (3) A person may vote in a municipal general election, municipal primary, in a local
13075 special election, in a [special] local district election, and in a bond election if that person:
13076 (a) is a citizen of the United States;
13077 (b) is a resident of Utah;
13078 (c) is a resident of the local entity that is holding the election;

13079 (d) will, on the date of the election:
13080 (i) be at least 18 years old; and
13081 (ii) have been a resident of Utah for 30 days immediately before the election; and
13082 (e) has registered to vote.
13083 Section 373. Section 20A-3-102 is amended to read:
13084 20A-3-102. Voting by secret ballot.
13085 All voting at each regular and municipal general election, at each statewide or local
13086 special election, at each primary election, at each [special] local district election, and at each
13087 bond election shall be by secret ballot.
13088 Section 374. Section 20A-3-501 is amended to read:
13089 20A-3-501. Polling place -- Prohibited activities.
13090 (1) As used in this section:
13091 (a) "electioneering" includes any oral, printed, or written attempt to persuade persons to
13092 refrain from voting or to vote for or vote against any candidate or issue; and
13093 (b) "polling place" means the physical place where ballots and absentee ballots are cast
13094 and includes the county clerk's office or city hall during the period in which absentee ballots
13095 may be cast there.
13096 (2) (a) A person may not, within a polling place or in any public area within 150 feet of
13097 the building where a polling place is located:
13098 (i) do any electioneering;
13099 (ii) circulate cards or handbills of any kind;
13100 (iii) solicit signatures to any kind of petition; or
13101 (iv) engage in any practice that interferes with the freedom of voters to vote or disrupts
13102 the administration of the polling place.
13103 (b) A county, municipality, school district, or [special] local district may not prohibit
13104 electioneering that occurs more than 150 feet from the building where a polling place is
13105 located, but may regulate the place and manner of that electioneering to protect the public
13106 safety.
13107 (3) (a) A person may not obstruct the doors or entries to a building in which a polling
13108 place is located or prevent free access to and from any polling place.
13109 (b) A sheriff, deputy sheriff, or municipal law enforcement officer shall prevent the

13110 obstruction of the entrance to a polling place and may arrest any person creating an obstruction.
13111 (4) A person may not:
13112 (a) remove any ballot from the polling place before the closing of the polls, except as
13113 provided in Section 20A-4-101 ; or
13114 (b) solicit any voter to show his ballot.
13115 (5) A person may not receive a voted ballot from any voter or deliver an unused ballot
13116 to a voter unless that person is an election judge.
13117 (6) Any person who violates any provision of this section is guilty of a class A
13118 misdemeanor.
13119 (7) A political subdivision may not prohibit political signs that are located more than
13120 150 feet away from a polling place, but may regulate their placement to protect public safety.
13121 Section 375. Section 20A-4-301 is amended to read:
13122 20A-4-301. Board of canvassers.
13123 (1) (a) Each county legislative body is the board of county canvassers for:
13124 (i) the county; and
13125 (ii) each [special] local district whose election is conducted by the county.
13126 (b) (i) Except as provided in Subsection (1)(b)(ii), the board of county canvassers shall
13127 meet to canvass the returns at the usual place of meeting of the county legislative body, at a
13128 date and time determined by the county clerk that is no sooner than seven days after the
13129 election and no later than 14 days after the election.
13130 (ii) When canvassing returns for the Western States Presidential Primary, the board of
13131 county canvassers shall meet to canvass the returns at the usual place of meeting of the county
13132 legislative body, at noon on the Tuesday after the election.
13133 (c) If one or more of the county legislative body fails to attend the meeting of the board
13134 of county canvassers, the remaining members shall replace the absent member by appointing in
13135 the order named:
13136 (i) the county treasurer;
13137 (ii) the county assessor; or
13138 (iii) the county sheriff.
13139 (d) The board of county canvassers shall always consist of three acting members.
13140 (e) The county clerk is the clerk of the board of county canvassers.

13141 (2) (a) The mayor and the municipal legislative body are the board of municipal
13142 canvassers for the municipality.
13143 (b) The board of municipal canvassers shall meet to canvass the returns at the usual
13144 place of meeting of the municipal legislative body:
13145 (i) for canvassing of returns from a municipal general election, no sooner than seven
13146 days after the election and no later than 14 days after the election; or
13147 (ii) for canvassing of returns from a municipal primary election, no sooner than three
13148 days after the election and no later than seven days after the election.
13149 (3) (a) The legislative body of the entity authorizing a bond election is the board of
13150 canvassers for each bond election.
13151 (b) The board of canvassers for the bond election shall comply with the canvassing
13152 procedures and requirements of Section 11-14-207 .
13153 Section 376. Section 20A-4-304 is amended to read:
13154 20A-4-304. Declaration of results -- Canvassers' report.
13155 (1) Each board of canvassers shall:
13156 (a) declare "elected" or "nominated" those persons who:
13157 (i) had the highest number of votes; and
13158 (ii) sought election or nomination to an office completely within the board's
13159 jurisdiction;
13160 (b) declare:
13161 (i) "approved" those ballot propositions that:
13162 (A) had more "yes" votes than "no" votes; and
13163 (B) were submitted only to the voters within the board's jurisdiction;
13164 (ii) "rejected" those ballot propositions that:
13165 (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
13166 votes; and
13167 (B) were submitted only to the voters within the board's jurisdiction;
13168 (c) certify the vote totals for persons and for and against ballot propositions that were
13169 submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
13170 the lieutenant governor; and
13171 (d) if applicable, certify the results of each [special] local district election to the

13172 [special] local district clerk.
13173 (2) (a) As soon as the result is declared, the election officer shall prepare a report of the
13174 result, which shall contain:
13175 (i) the total number of votes cast in the board's jurisdiction;
13176 (ii) the names of each candidate whose name appeared on the ballot;
13177 (iii) the title of each ballot proposition that appeared on the ballot;
13178 (iv) each office that appeared on the ballot;
13179 (v) from each voting precinct:
13180 (A) the number of votes for each candidate; and
13181 (B) the number of votes for and against each ballot proposition;
13182 (vi) the total number of votes given in the board's jurisdiction to each candidate, and
13183 for and against each ballot proposition; and
13184 (vii) a statement certifying that the information contained in the report is accurate.
13185 (b) The election officer and the board of canvassers shall:
13186 (i) review the report to ensure that it is correct; and
13187 (ii) sign the report.
13188 (c) The election officer shall:
13189 (i) record or file the certified report in a book kept for that purpose;
13190 (ii) prepare and transmit a certificate of nomination or election under the officer's seal
13191 to each nominated or elected candidate;
13192 (iii) publish a copy of the certified report in a newspaper with general circulation in the
13193 board's jurisdiction and post it in a conspicuous place within the jurisdiction; and
13194 (iv) file a copy of the certified report with the lieutenant governor.
13195 (3) When there has been a regular general or a statewide special election for statewide
13196 officers, for officers that appear on the ballot in more than one county, or for a statewide or two
13197 or more county ballot proposition, each board of canvassers shall:
13198 (a) prepare a separate report detailing the number of votes for each candidate and the
13199 number of votes for and against each ballot proposition; and
13200 (b) transmit it by registered mail to the lieutenant governor.
13201 (4) In each county election, municipal election, school election, [special] local district
13202 election, and local special election, the election officer shall transmit the reports to the

13203 lieutenant governor within 14 days after the date of the election.
13204 (5) In regular primary elections and in the Western States Presidential Primary, the
13205 board shall transmit to the lieutenant governor:
13206 (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
13207 governor:
13208 (i) not later than the second Tuesday after the primary election for the regular primary
13209 election; and
13210 (ii) not later than the Tuesday following the election for the Western States Presidential
13211 Primary; and
13212 (b) a complete tabulation showing voting totals for all primary races, precinct by
13213 precinct, to be mailed to the lieutenant governor on or before the third Friday following the
13214 primary election.
13215 Section 377. Section 20A-4-305 is amended to read:
13216 20A-4-305. Delivery of checked official register to county clerk after canvass.
13217 Within ten days after the canvass of a November municipal election, [special] local
13218 district election, bond election, or special election, the clerk or recorder shall transmit the
13219 checked official register and pollbook to the county clerk.
13220 Section 378. Section 20A-4-401 is amended to read:
13221 20A-4-401. Recounts -- Procedure.
13222 (1) (a) (i) For any regular primary, regular general, or municipal general election, or the
13223 Western States Presidential primary, when any candidate loses by not more than a total of one
13224 vote per voting precinct, the candidate may file a request for a recount within seven days after
13225 the canvass with:
13226 (A) the municipal clerk, if the election is a municipal election;
13227 (B) the [special] local district clerk, if the election is a [special] local district election;
13228 (C) the county clerk, for races or ballot propositions voted on entirely within a single
13229 county; or
13230 (D) the lieutenant governor, for statewide races and ballot propositions and for
13231 multicounty races and ballot propositions.
13232 (ii) For any municipal primary election, when any candidate loses by not more than a
13233 total of one vote per voting precinct, the candidate may file a request for a recount with the

13234 appropriate election officer within three days after the canvass.
13235 (b) The election officer shall:
13236 (i) supervise the recount;
13237 (ii) recount all ballots cast for that office;
13238 (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
13239 3, Absentee Voting; and
13240 (iv) declare elected the person receiving the highest number of votes on the recount.
13241 (2) (a) Any ten voters who voted in an election when any ballot proposition or bond
13242 proposition was on the ballot may file a request for a recount with the appropriate election
13243 officer within seven days of the canvass.
13244 (b) The election officer shall:
13245 (i) supervise the recount;
13246 (ii) recount all ballots cast for that ballot proposition or bond proposition;
13247 (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
13248 3, Absentee Voting; and
13249 (iv) declare the ballot proposition or bond proposition to have "passed" or "failed"
13250 based upon the results of the recount.
13251 (c) Proponents and opponents of the ballot proposition or bond proposition may
13252 designate representatives to witness the recount.
13253 (d) The voters requesting the recount shall pay the costs of the recount.
13254 (3) Costs incurred by recount under Subsection (1) may not be assessed against the
13255 person requesting the recount.
13256 (4) (a) Upon completion of the recount, the election officer shall immediately convene
13257 the board of canvassers.
13258 (b) The board of canvassers shall:
13259 (i) canvass the election returns for the race or proposition that was the subject of the
13260 recount; and
13261 (ii) with the assistance of the election officer, prepare and sign the report required by
13262 Section 20A-4-304 or Section 20A-4-306 .
13263 (c) If the recount is for a statewide or multicounty race or for a statewide proposition,
13264 the board of county canvassers shall prepare and transmit a separate report to the lieutenant

13265 governor as required by Subsection 20A-4-304 (3).
13266 (d) The canvassers' report prepared as provided in this Subsection (4) is the official
13267 result of the race or proposition that is the subject of the recount.
13268 Section 379. Section 20A-5-101 is amended to read:
13269 20A-5-101. Notice of election.
13270 (1) On or before February 1 in each regular general election year, the lieutenant
13271 governor shall prepare and transmit a written notice to each county clerk that:
13272 (a) designates the offices to be filled at the regular general election;
13273 (b) identifies the dates for filing a declaration of candidacy for those offices; and
13274 (c) contains a description of any ballot propositions to be decided by the voters that
13275 have qualified for the ballot as of that date.
13276 (2) (a) No later than February 10, each county clerk shall:
13277 (i) publish a notice once in a newspaper published in that county; or
13278 (ii) (A) cause a copy of the notice to be posted in a conspicuous place most likely to
13279 give notice of the election to the voters in each voting precinct within the county; and
13280 (B) prepare an affidavit of that posting, showing a copy of the notice and the places
13281 where the notice was posted.
13282 (b) The notice required by Subsection (2)(a) shall:
13283 (i) designate the offices to be voted on in that election in that county, other than
13284 [special] local district offices; and
13285 (ii) identify the dates for filing a declaration of candidacy for those offices.
13286 (3) Before each election, the election officer shall give written or printed notice of:
13287 (a) the date and place of election;
13288 (b) the hours during which the polls will be open;
13289 (c) the polling places for each voting precinct; and
13290 (d) the qualifications for persons to vote in the election.
13291 (4) To provide the notice required by Subsection (3), the election officer shall publish
13292 the notice at least two days before the election in a newspaper of general circulation common to
13293 the area or in which the election is being held.
13294 Section 380. Section 20A-5-201 is amended to read:
13295 20A-5-201. Satellite registrars -- Appointment.

13296 (1) Each county legislative body shall appoint one or more persons to act as satellite
13297 registrars for each satellite location.
13298 (2) (a) The county legislative body shall appoint satellite registrars every two years at
13299 the regular meeting of the county legislative body held nearest to the first day of the May before
13300 the regular general election.
13301 (b) The county legislative body shall appoint satellite registrars to serve two-year
13302 terms, but may remove them at any time for cause.
13303 (c) The county legislative body may not appoint a person who is a candidate for, or
13304 who holds, an elective state, county, municipal, school district, [special] local district, or other
13305 public office to be a satellite registrar.
13306 (d) A person who is a candidate for, or who holds, an elective state, county, municipal,
13307 school district, [special] local district, or other public office may not act as a satellite registrar.
13308 (e) A satellite registrar may also serve as an election judge.
13309 (f) The county clerk shall provide each satellite registrar with written notice of his
13310 appointment.
13311 (3) (a) Each county legislative body shall provide each satellite registrar with all books,
13312 stationery, and other supplies necessary to carry out the provisions of this chapter.
13313 (b) The satellite registrar shall return all remaining materials to the county clerk, or to a
13314 person designated by the county clerk, when his appointment ends.
13315 (4) A satellite registrar who resigns shall:
13316 (a) notify the county clerk of that fact; and
13317 (b) deliver to the county clerk, or to another person designated by the county clerk, the
13318 books, forms, maps, and materials in the agent's possession that pertain to the office.
13319 (5) (a) (i) The county clerk, upon receipt of notice of the death, disqualification, or
13320 resignation of any satellite registrar after the opening and before the closing of the registration
13321 books, shall immediately, without giving notice, appoint some competent person to fill the
13322 vacancy.
13323 (ii) The person appointed shall qualify within two days after receiving notice of the
13324 appointment.
13325 (b) (i) If a satellite registrar is sick or otherwise unable to serve on a designated
13326 registration day, the satellite registrar shall select a responsible adult to perform the agent's

13327 duties on that day.
13328 (ii) The county clerk shall approve the substituted adult.
13329 (iii) The substitute shall use the original designated satellite location.
13330 (6) (a) Before entering upon the duties prescribed in this chapter, each satellite registrar
13331 shall:
13332 (i) take and subscribe the oath of office required by Article IV, Sec. 10, Utah
13333 Constitution, before any person authorized to administer an oath; and
13334 (ii) file the oath with the county clerk.
13335 (b) Each county legislative body shall establish a per diem as compensation for all
13336 services provided by satellite registrars.
13337 (7) The county clerk shall make detailed entries of all proceedings had under this
13338 chapter and notify in writing the satellite registrars of their appointment.
13339 Section 381. Section 20A-5-302 is amended to read:
13340 20A-5-302. Automated voting system.
13341 (1) Any county or municipal legislative body or [special] local district board may:
13342 (a) adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any
13343 automated voting system that meets the requirements of this section; and
13344 (b) use that system in any election, in all or a part of the voting precincts within its
13345 boundaries, or in combination with paper ballots.
13346 (2) (a) Each automated voting system shall:
13347 (i) provide for voting in secrecy, except in the case of voters who have received
13348 assistance as authorized by Section 20A-3-108 ;
13349 (ii) permit each voter at any election to:
13350 (A) vote for all persons and offices for whom and for which that voter is lawfully
13351 entitled to vote;
13352 (B) vote for as many persons for an office as that voter is entitled to vote; and
13353 (C) vote for or against any ballot proposition upon which that voter is entitled to vote;
13354 (iii) permit each voter, at presidential elections, by one mark or punch to vote for the
13355 candidates of that party for president, vice president, and for their presidential electors;
13356 (iv) permit each voter, at any regular general election, to vote for all the candidates of
13357 one registered political party by making one mark or punch;

13358 (v) permit each voter to scratch vote;
13359 (vi) at elections other than primary elections, permit each voter to vote for the
13360 nominees of one or more parties and for independent candidates;
13361 (vii) at primary elections:
13362 (A) permit each voter to vote for candidates of the political party of his choice; and
13363 (B) reject any votes cast for candidates of another party;
13364 (viii) prevent the voter from voting for the same person more than once for the same
13365 office;
13366 (ix) provide the opportunity for each voter to change the ballot and to correct any error
13367 before the voter casts the ballot in compliance with the Help America Vote Act of 2002, Pub.
13368 L. No. 107-252;
13369 (x) include automatic tabulating equipment that rejects choices recorded on a voter's
13370 ballot if the number of the voter's recorded choices is greater than the number which the voter
13371 is entitled to vote for the office or on the measure;
13372 (xi) be of durable construction, suitably designed so that it may be used safely,
13373 efficiently, and accurately in the conduct of elections and counting ballots;
13374 (xii) when properly operated, record correctly and count accurately each vote cast;
13375 (xiii) for voting equipment certified after January 1, 2005, produce a permanent paper
13376 record that:
13377 (A) shall be available as an official record for any recount or election contest conducted
13378 with respect to an election where the voting equipment is used;
13379 (B) (I) shall be available for the voter's inspection prior to the voter leaving the polling
13380 place; and
13381 (II) shall permit the voter to inspect the record of the voter's selections independently
13382 only if reasonably practicable commercial methods permitting independent inspection are
13383 available at the time of certification of the voting equipment by the lieutenant governor;
13384 (C) shall include, at a minimum, human readable printing that shows a record of the
13385 voter's selections;
13386 (D) may also include machine readable printing which may be the same as the human
13387 readable printing; and
13388 (E) allows voting poll watchers and counting poll watchers to observe the election

13389 process to ensure its integrity; and
13390 (xiv) meet the requirements of Section 20A-5-402.5 .
13391 (b) For the purposes of a recount or an election contest, if the permanent paper record
13392 contains a conflict or inconsistency between the human readable printing and the machine
13393 readable printing, the human readable printing shall supercede the machine readable printing
13394 when determining the intent of the voter.
13395 (c) Notwithstanding any other provisions of this section, the election officers shall
13396 ensure that the ballots to be counted by means of electronic or electromechanical devices are of
13397 a size, layout, texture, and printed in a type of ink or combination of inks that will be suitable
13398 for use in the counting devices in which they are intended to be placed.
13399 Section 382. Section 20A-5-400.5 is amended to read:
13400 20A-5-400.5. Election officer for bond and leeway elections -- Billing.
13401 (1) When a voted leeway or bond election is held on the regular general election date or
13402 regular primary election date, the county clerk shall serve as the election officer to conduct and
13403 administer that election.
13404 (2) (a) When a voted leeway or bond election is held on the municipal general election
13405 date or any other election date permitted for special elections under Section 20A-1-204 , and the
13406 local political subdivision calling the election is entirely within the boundaries of the
13407 unincorporated county, the county clerk shall serve as the election officer to conduct and
13408 administer that election subject to Subsection (3).
13409 (b) When a voted leeway or bond election is held on the municipal general election
13410 date or any other election date permitted for special elections under Section 20A-1-204 , and the
13411 local political subdivision calling the election is entirely within the boundaries of a
13412 municipality, the municipal clerk for that municipality shall, except as provided in Subsection
13413 (3), serve as the election officer to conduct and administer that election.
13414 (c) When a voted leeway or bond election is held on the municipal general election
13415 date or any other election date permitted for special elections under Section 20A-1-204 , and the
13416 local political subdivision calling the election extends beyond the boundaries of a single
13417 municipality:
13418 (i) except as provided in Subsection (3), the municipal clerk shall serve as the election
13419 officer to conduct and administer the election for those portions of the local political

13420 subdivision where the municipal general election or other election is being held; and
13421 (ii) except as provided in Subsection (3), the county clerk shall serve as the election
13422 officer to conduct and administer the election for the unincorporated county and for those
13423 portions of any municipality where no municipal general election or other election is being
13424 held.
13425 (3) When a voted leeway or bond election is held on a date when no other election,
13426 other than another voted leeway or bond election, is being held in the entire area comprising the
13427 municipality calling the voted leeway or bond election:
13428 (a) the clerk or chief executive officer of a [special] local district or the business
13429 administrator or superintendent of the school district, as applicable, shall serve as the election
13430 officer to conduct and administer the bond election for those portions of the municipality in
13431 which no other election, other than another voted leeway or bond election, is being held, unless
13432 the [special] local district or school district has designated the county clerk, municipal clerk, or
13433 both, to serve as the election officer; and
13434 (b) the county clerk, municipal clerk, or both, as determined by the municipality
13435 holding the bond election, shall serve as the election officer to conduct and administer the bond
13436 election for those portions of the municipality in which another election, other than another
13437 voted leeway or bond election is being held.
13438 (4) (a) In conducting elections under this section:
13439 (i) the local political subdivision shall provide and pay for election notices; and
13440 (ii) the election officer shall determine polling locations and compile, prepare, and
13441 count the ballots.
13442 (b) The county clerk, the municipal clerk, or both shall:
13443 (i) establish fees for conducting voted leeway and bond elections for local political
13444 subdivisions; and
13445 (ii) bill each local political subdivision for the cost of conducting the voted leeway or
13446 bond election.
13447 (5) An election officer administering and conducting a voted leeway or bond election is
13448 authorized to appoint or employ agents and professional services to assist in conducting and
13449 administering the voted leeway or bond election.
13450 (6) The election officer in a voted leeway or bond election shall conduct its procedures

13451 under the direction of the local political subdivision calling the voted leeway or bond election.
13452 Section 383. Section 20A-5-401 is amended to read:
13453 20A-5-401. Official register and posting book -- Preparation -- Contents.
13454 (1) (a) Before the registration days for each regular general, municipal general, regular
13455 primary, municipal primary, or Western States Presidential Primary election, each county clerk
13456 shall prepare an official register of voters for each voting precinct that will participate in the
13457 election.
13458 (b) The county clerk shall ensure that the official register is prepared for the
13459 alphabetical entry of names and contains entry fields to provide for the following information:
13460 (i) registered voter's name;
13461 (ii) party affiliation;
13462 (iii) grounds for challenge;
13463 (iv) name of person challenging a voter;
13464 (v) primary, November, special;
13465 (vi) date of birth;
13466 (vii) place of birth;
13467 (viii) place of current residence;
13468 (ix) street address;
13469 (x) zip code;
13470 (xi) identification and provisional ballot information as required under Subsection
13471 (1)(d); and
13472 (xii) space for the voter to sign his name for each election.
13473 (c) When preparing the official register for the Western States Presidential Primary, the
13474 county clerk shall include:
13475 (i) an entry field to record the name of the political party whose ballot the voter voted;
13476 and
13477 (ii) an entry field for the poll worker to record changes in the voter's party affiliation.
13478 (d) When preparing the official register for any regular general election, municipal
13479 general election, statewide special election, local special election, regular primary election,
13480 municipal primary election, [special] local district election, or election for federal office, the
13481 county clerk shall include:

13482 (i) an entry field that indicates if the voter is required to show identification before
13483 voting;
13484 (ii) an entry field for the poll worker to record the type of identification provided by the
13485 voter;
13486 (iii) a column for the poll worker to record the provisional envelope ballot number for
13487 voters who receive a provisional ballot; and
13488 (iv) a space for the poll worker to record the type of identification that was provided by
13489 voters who receive a provisional ballot.
13490 (2) (a) (i) For regular and municipal elections, primary elections, regular municipal
13491 elections, [special] local district elections, and bond elections, the county clerk shall make an
13492 official register only for voting precincts affected by the primary, municipal, [special] local
13493 district, or bond election.
13494 (ii) If a polling place to be used in a bond election serves both voters residing in the
13495 local political subdivision calling the bond election and voters residing outside of that local
13496 political subdivision, the official register shall designate whether each voter resides in or
13497 outside of the local political subdivision.
13498 (iii) Each county clerk, with the assistance of the clerk of each affected [special] local
13499 district, shall provide a detailed map or an indication on the registration list or other means to
13500 enable a poll worker to determine the voters entitled to vote at an election of [special] local
13501 district officers.
13502 (b) Municipalities shall pay the costs of making the official register for municipal
13503 elections.
13504 Section 384. Section 20A-5-403 is amended to read:
13505 20A-5-403. Polling places -- Booths -- Ballot boxes -- Inspections -- Provisions --
13506 Arrangements.
13507 (1) Each election officer shall:
13508 (a) designate polling places for each voting precinct in the jurisdiction; and
13509 (b) obtain the approval of the county or municipal legislative body or [special] local
13510 district governing board for those polling places.
13511 (2) (a) For each polling place, the election officer shall provide:
13512 (i) an American flag;

13513 (ii) a sufficient number of voting booths or compartments;
13514 (iii) the voting devices, voting booths, ballots, ballot boxes, ballot labels, ballot sheets,
13515 write-in ballots, and any other records and supplies necessary to enable a voter to vote;
13516 (iv) the constitutional amendment cards required by Part 1, Election Notices and
13517 Instructions;
13518 (v) voter information pamphlets required by Title 20A, Chapter 7, Part 7, Voter
13519 Information Pamphlet; and
13520 (vi) the instruction cards required by Section 20A-5-102 .
13521 (b) Each election officer shall ensure that:
13522 (i) each voting booth is at a convenient height for writing, and is arranged so that the
13523 voter can prepare his ballot screened from observation;
13524 (ii) there are a sufficient number of voting booths or voting devices to accommodate
13525 the voters at that polling place; and
13526 (iii) there is at least one voting booth or voting device that is configured to
13527 accommodate persons with disabilities.
13528 (c) Each county clerk shall provide a ballot box for each polling place that is large
13529 enough to properly receive and hold the ballots to be cast.
13530 (3) (a) All polling places shall be physically inspected by each county clerk to ensure
13531 access by a person with a disability.
13532 (b) Any issues concerning inaccessibility to polling places by a person with a disability
13533 discovered during the inspections referred to in Subsection (3)(a) or reported to the county
13534 clerk shall be:
13535 (i) forwarded to the Office of the Lieutenant Governor; and
13536 (ii) within six months of the time of the complaint, the issue of inaccessibility shall be
13537 either:
13538 (A) remedied at the particular location by the county clerk;
13539 (B) the county clerk shall designate an alternative accessible location for the particular
13540 precinct; or
13541 (C) if no practical solution can be identified, file with the Office of the Lieutenant
13542 Governor a written explanation identifying the reasons compliance cannot reasonably be met.
13543 (4) The municipality in which the election is held shall pay the cost of conducting each

13544 municipal election, including the cost of printing and supplies.
13545 (5) The county clerk shall make detailed entries of all proceedings had under this
13546 chapter.
13547 Section 385. Section 20A-5-407 is amended to read:
13548 20A-5-407. Election officer to provide ballot boxes.
13549 (1) Except as provided in Subsection (3), each election officer shall:
13550 (a) provide one ballot box with a lock and key for each polling place; and
13551 (b) deliver the ballot boxes, locks, and keys to the polling place or the election judges
13552 of each voting precinct no later than noon on the day before the election.
13553 (2) Election officers for municipalities and [special] local districts may obtain ballot
13554 boxes from the county clerk's office.
13555 (3) If locks and keys are unavailable, the ballot box lid shall be secured by tape.
13556 Section 386. Section 20A-5-602 is amended to read:
13557 20A-5-602. Election judges -- Appointment for local elections.
13558 (1) At least 15 days before the date scheduled for any local election, the municipal
13559 legislative body or [special] local district board shall appoint or provide for the appointment of:
13560 (a) in jurisdictions using paper ballots:
13561 (i) three registered voters, or two registered voters and one person 17 years old who
13562 will be 18 years old by the date of the regular municipal election, from their jurisdiction to
13563 serve as election judges for each voting precinct when the ballots will be counted after the polls
13564 close; or
13565 (ii) three registered voters, or two registered voters and one person 17 years old who
13566 will be 18 years old by the date of the regular municipal election, from their jurisdiction to
13567 serve as receiving judges in each voting precinct and three registered voters, or two registered
13568 voters and one person 17 years old who will be 18 years old by the date of the regular
13569 municipal election, from their jurisdiction to serve as counting judges in each voting precinct
13570 when ballots will be counted throughout election day;
13571 (b) in jurisdictions using automated tabulating equipment, three registered voters, or
13572 two registered voters and one person 17 years old who will be 18 years old by the date of the
13573 regular municipal election, from their jurisdiction to serve as election judges for each voting
13574 precinct;

13575 (c) in jurisdictions using voting machines, four registered voters, or three registered
13576 voters and one person 17 years old who will be 18 years old by the date of the regular
13577 municipal election, from their jurisdiction to serve as election judges for each voting precinct;
13578 and
13579 (d) in all jurisdictions:
13580 (i) at least one registered voter from their jurisdiction to serve as canvassing judge, if
13581 necessary; and
13582 (ii) as many alternate judges as needed to replace appointed judges who are unable to
13583 serve.
13584 (2) The municipal legislative body and [special] local district board may not appoint
13585 any candidate's parent, sibling, spouse, child, or in-law to serve as an election judge in the
13586 voting precinct where the candidate resides.
13587 (3) The clerk shall:
13588 (a) prepare and file a list containing the name, address, voting precinct, and telephone
13589 number of each person appointed; and
13590 (b) make the list available in the clerk's office for inspection, examination, and copying
13591 during business hours.
13592 (4) (a) The municipal legislative body and [special] local district board shall
13593 compensate election judges for their services.
13594 (b) The municipal legislative body and [special] local district board may not
13595 compensate their election judges at a rate higher than that paid by the county to its election
13596 judges.
13597 Section 387. Section 20A-9-101 is amended to read:
13598 20A-9-101. Definitions.
13599 As used in this chapter:
13600 (1) (a) "Candidates for elective office" means persons selected by a registered political
13601 party as party candidates to run in a regular general election.
13602 (b) "Candidates for elective office" does not mean candidates for:
13603 (i) justice or judge of court of record or not of record;
13604 (ii) presidential elector;
13605 (iii) any political party offices; and

13606 (iv) municipal or [special] local district offices.
13607 (2) "Constitutional office" means the state offices of governor, lieutenant governor,
13608 attorney general, state auditor, and state treasurer.
13609 (3) (a) "County office" means an elective office where the office holder is selected by
13610 voters entirely within one county.
13611 (b) "County office" does not mean:
13612 (i) the office of justice or judge of any court of record or not of record;
13613 (ii) the office of presidential elector;
13614 (iii) any political party offices;
13615 (iv) any municipal or [special] local district offices; and
13616 (v) the office of United States Senator and United States Representative.
13617 (4) "Federal office" means an elective office for United States Senator and United
13618 States Representative.
13619 (5) "Filing officer" means:
13620 (a) the lieutenant governor, for:
13621 (i) offices whose political division contains territory in two or more counties;
13622 (ii) the office of United States Senator and United States Representative; and
13623 (iii) all constitutional offices;
13624 (b) the county clerk, for county offices and local school district offices;
13625 (c) the city or town clerk, for municipal offices; and
13626 (d) the [special] local district clerk, for [special] local district offices.
13627 (6) "Local district office" means an elected office in a local district.
13628 [(6)] (7) "Local government office" includes county offices, municipal offices, and
13629 [special] local district offices and other elective offices selected by the voters from a political
13630 division entirely within one county.
13631 [(7)] (8) (a) "Multi-county office" means an elective office where the office holder is
13632 selected by the voters from more than one county.
13633 (b) "Multi-county office" does not mean:
13634 (i) a county office;
13635 (ii) a federal office;
13636 (iii) the office of justice or judge of any court of record or not of record;

13637 (iv) the office of presidential elector;
13638 (v) any political party offices; and
13639 (vi) any municipal or [special] local district offices.
13640 [(8)] (9) "Municipal office" means an elective office in a municipality.
13641 [(9)] (10) (a) "Political division" means a geographic unit from which an office holder
13642 is elected and that an office holder represents.
13643 (b) "Political division" includes a county, a city, a town, a [special] local district, a
13644 school district, a legislative district, and a county prosecution district.
13645 [(10) "Special district office" means an elected office in a special district.]
13646 Section 388. Section 20A-9-503 is amended to read:
13647 20A-9-503. Certificate of nomination -- Filing -- Fees.
13648 (1) After the certificate of nomination has been certified, executed, and acknowledged
13649 by the county clerk, the candidate shall:
13650 (a) between March 7 and March 17 of the year in which the regular general election
13651 will be held, file the petition in person with:
13652 (i) the lieutenant governor, if the office the candidate seeks is a constitutional office or
13653 a federal office; or
13654 (ii) the county clerk, if the office the candidate seeks is a county office; and
13655 (iii) pay the filing fee; or
13656 (b) not later than the sixth Tuesday before the primary election date, file the petition in
13657 person with:
13658 (i) the municipal clerk, if the candidate seeks an office in a city or town;
13659 (ii) the [special] local district clerk, if the candidate seeks an office in a [special] local
13660 district; and
13661 (iii) pay the filing fee.
13662 (2) (a) At the time of filing, and before accepting the petition, the filing officer shall
13663 read the constitutional and statutory requirements for candidacy to the candidate.
13664 (b) If the candidate states that he does not meet the requirements, the filing officer may
13665 not accept the petition.
13666 (3) Persons filing a certificate of nomination for President of the United States under
13667 this section shall pay a filing fee of $500.

13668 Section 389. Section 20A-11-1202 is amended to read:
13669 20A-11-1202. Definitions.
13670 As used in this chapter:
13671 (1) "Ballot proposition" means constitutional amendments, initiatives, referenda,
13672 judicial retention questions, opinion questions, bond approvals, or other questions submitted to
13673 the voters for their approval or rejection.
13674 (2) (a) "Commercial interlocal cooperation agency" means an interlocal cooperation
13675 agency that receives its revenues from conduct of its commercial operations.
13676 (b) "Commercial interlocal cooperation agency" does not mean an interlocal
13677 cooperation agency that receives some or all of its revenues from:
13678 (i) government appropriations;
13679 (ii) taxes;
13680 (iii) government fees imposed for regulatory or revenue raising purposes; or
13681 (iv) interest earned on public funds or other returns on investment of public funds.
13682 (3) "Expenditure" means:
13683 (a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
13684 or anything of value made for political purposes;
13685 (b) an express, legally enforceable contract, promise, or agreement to make any
13686 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
13687 value for political purposes;
13688 (c) a transfer of funds between a public entity and a candidate's personal campaign
13689 committee;
13690 (d) a transfer of funds between a public entity and a political issues committee; or
13691 (e) goods or services provided to or for the benefit of a candidate, a candidate's
13692 personal campaign committee, or a political issues committee for political purposes at less
13693 than fair market value.
13694 (4) "Governmental interlocal cooperation agency" means an interlocal cooperation
13695 agency that receives some or all of its revenues from:
13696 (a) government appropriations;
13697 (b) taxes;
13698 (c) government fees imposed for regulatory or revenue raising purposes; or

13699 (d) interest earned on public funds or other returns on investment of public funds.
13700 (5) (a) "Influence" means to campaign or advocate for or against a ballot proposition.
13701 (b) "Influence" does not mean providing a brief statement about a public entity's
13702 position on a ballot proposition and the reason for that position.
13703 (6) "Interlocal cooperation agency" means an entity created by interlocal agreement
13704 under the authority of Title 11, Chapter 13, Interlocal Cooperation Act.
13705 (7) "Local district" means each entity created under the authority of Title 17B, Limited
13706 Purposed Local Government Entities - Local Districts, and includes a special service district
13707 under Title 17A, Chapter 2, Part 13, Utah Special Service District Act.
13708 [(7)] (8) (a) "Political issues committee" means an entity, or any group of individuals
13709 or entities within or outside this state, that solicits or receives contributions from any other
13710 person, group, or entity and makes expenditures from these contributions to influence, or to
13711 intend to influence, directly or indirectly, any person to assist in placing a ballot proposition on
13712 the ballot, to assist in keeping a ballot proposition off the ballot, or to refrain from voting or to
13713 vote for or to vote against any ballot proposition.
13714 (b) "Political issues committee" does not mean an entity that provides goods or services
13715 to an individual or committee in the regular course of its business at the same price that would
13716 be provided to the general public.
13717 [(8)] (9) "Political purposes" means an act done with the intent or in a way to influence
13718 or intend to influence, directly or indirectly, any person to refrain from voting or to vote for or
13719 against any candidate for public office at any caucus, political convention, primary, or election.
13720 [(9)] (10) (a) "Public entity" includes the state, each state agency, each county,
13721 municipality, school district, [special] local district, governmental interlocal cooperation
13722 agency, and each administrative subunit of each of them.
13723 (b) "Public entity" does not include a commercial interlocal cooperation agency.
13724 (c) "Public entity" includes local health departments created under Title 26, Chapter 1,
13725 Local Health Departments.
13726 [(10)] (11) (a) "Public funds" means any monies received by a public entity from
13727 appropriations, taxes, fees, interest, or other returns on investment.
13728 (b) "Public funds" does not include monies donated to a public entity by a person or
13729 entity.

13730 [(11)] (12) (a) "Public official" means an elected or appointed member of government
13731 with authority to make or determine public policy.
13732 (b) "Public official" includes the person or group that:
13733 (i) has supervisory authority over the personnel and affairs of a public entity; and
13734 (ii) approves the expenditure of funds for the public entity.
13735 [(12) "Special district" means each entity created under the authority of Title 17A,
13736 Special Districts.]
13737 (13) (a) "State agency" means each department, commission, board, council, agency,
13738 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
13739 unit, bureau, panel, or other administrative unit of the state.
13740 (b) "State agency" includes the legislative branch, the Board of Regents, the
13741 institutional councils of each higher education institution, and each higher education
13742 institution.
13743 Section 390. Section 26-8a-405.1 is amended to read:
13744 26-8a-405.1. Selection of provider by political subdivision.
13745 (1) For purposes of this section and Sections 26-8a-405.2 and 26-8a-405.3 :
13746 (a) "911 ambulance or paramedic services" means either 911 ambulance service, or 911
13747 paramedic service, or both and:
13748 (i) means a 911 call received by a designated dispatch center that receives 911 or E911
13749 calls; and
13750 (ii) does not mean a seven digit telephone call received directly by an ambulance
13751 provider licensed under this chapter.
13752 (b) "Governing body" means:
13753 (i) in the case of a municipality or county, the elected council, commission, or other
13754 legislative body that is vested with the legislative power of the municipality;
13755 (ii) in the case of a special service district, local service district, or county service area,
13756 each elected council, commission, or other legislative body that is vested with the legislative
13757 power of the municipalities or counties that are members of the district or service area; and
13758 (iii) in the case of a [special] local district or special service district for fire protection
13759 or interlocal entity, the board or other body vested with the power to adopt, amend, and repeal
13760 rules, bylaws, policies, and procedures for the regulation of its affairs and the conduct of its

13761 business.
13762 (c) "Political subdivision" means:
13763 (i) a city or town located in a county of the first or second class as defined in Section
13764 17-50-501 ;
13765 (ii) a county of the first or second class;
13766 (iii) the following districts [or service areas] located in a county of the first or second
13767 class:
13768 (A) a special service district created under Title 17A, Chapter 2, Part 13, Utah Special
13769 Service District Act; and
13770 (B) a local district created under Title 17B, [Chapter 2, Local Districts] Limited
13771 Purpose Local Government Entities - Local Districts, for the purpose of providing fire
13772 protection, paramedic, and emergency services; [and] or
13773 [(C) a county service area created under Title 17A, Chapter 2, Part 4, County Service
13774 Area Act, for the purpose of providing fire protection, paramedic, and emergency services; or]
13775 (iv) areas coming together as described in Subsection 26-8a-405.2 (2)(b)(ii);
13776 (v) municipalities and counties joining together pursuant to Title 11, Chapter 13,
13777 Interlocal Cooperation Act; or
13778 (vi) a special service district for fire protection as defined in Section 17A-2-1304 .
13779 (2) (a) Only an applicant approved under Section 26-8a-405 may respond to a request
13780 for a proposal for 911 ambulance or paramedic services issued in accordance with Section
13781 26-8a-405.2 by a political subdivision.
13782 (b) A response to a request for proposal is subject to the maximum rates established by
13783 the department under Section 26-8a-403 .
13784 (c) A political subdivision may award a contract to an applicant for the provision of
13785 911 ambulance or paramedic services:
13786 (i) in accordance with Section 26-8a-405.2 ; and
13787 (ii) subject to Subsection (3).
13788 (3) (a) The department shall issue a license to an applicant selected by a political
13789 subdivision under Subsection (2) unless the department finds that issuing a license to that
13790 applicant would jeopardize the health, safety, and welfare of the citizens of the geographic
13791 service area.

13792 (b) A license issued under this Subsection (3):
13793 (i) is for the exclusive geographic service area approved by the department in
13794 accordance with Subsection 26-8a-405.2 (2);
13795 (ii) is valid for four years;
13796 (iii) is not subject to a request for license from another applicant under the provisions
13797 of Sections 26-8a-406 through 26-8a-409 during the four-year term, unless the applicant's
13798 license is revoked under Section 26-8a-504 ; and
13799 (iv) is subject to supervision by the department under Sections 26-8a-503 and
13800 26-8a-504 .
13801 (4) Except as provided in Subsection 26-8a-405.3 (4)(a), the provisions of Sections
13802 26-8a-406 through 26-8a-409 do not apply to a license issued under this section.
13803 Section 391. Section 32A-2-103 is amended to read:
13804 32A-2-103. Operational restrictions.
13805 (1) Liquor may not be sold from a state store except in a sealed package. The package
13806 may not be opened on the premises of any state store.
13807 (2) (a) An officer, agent, clerk, or employee of a state store may not consume or allow
13808 to be consumed by any person any alcoholic beverage on the premises of a state store.
13809 (b) Violation of this Subsection (2) is a class B misdemeanor.
13810 (3) All liquor sold shall be in packages that are properly marked and labeled in
13811 accordance with the rules adopted under this title.
13812 (4) Liquor may not be sold except at prices fixed by the commission.
13813 (5) Liquor may not be sold, delivered, or furnished to any:
13814 (a) minor;
13815 (b) person actually, apparently, or obviously intoxicated;
13816 (c) known habitual drunkard; or
13817 (d) known interdicted person.
13818 (6) Sale or delivery of liquor may not be made on or from the premises of any state
13819 store, nor may any state store be kept open for the sale of liquor:
13820 (a) on Sunday;
13821 (b) on any state or federal legal holiday;
13822 (c) on any day on which any regular general election, regular primary election, or

13823 statewide special election is held;
13824 (d) on any day on which any municipal, [special] local district, special service district,
13825 or school election is held, but only within the boundaries of the municipality, [special] local
13826 district, special service district, or school district holding the election and only if the
13827 municipality, [special] local district, special service district or school district in which the
13828 election is being held notifies the department at least 30 days prior to the date of the election; or
13829 (e) except on days and during hours as the commission may direct by rule or order.
13830 (7) Each state store shall display in a prominent place in the store a sign in large letters
13831 stating: "Warning: Driving under the influence of alcohol or drugs is a serious crime that is
13832 prosecuted aggressively in Utah."
13833 (8) (a) A minor may not be admitted into, or be on the premises of a state store unless
13834 accompanied by a person who is:
13835 (i) 21 years of age or older; and
13836 (ii) the minor's parent, legal guardian, or spouse.
13837 (b) Any state store employee that has reason to believe that a person who is on the
13838 premises of a state store is under the age of 21 and is not accompanied by a person described in
13839 Subsection (8)(a) may:
13840 (i) ask the suspected minor for proof of age;
13841 (ii) ask the person who accompanied the suspected minor for proof of age; and
13842 (iii) ask the suspected minor or the person who accompanied the suspected minor for
13843 proof of parental, guardianship, or spousal relationship.
13844 (c) Any state store employee shall refuse to sell liquor to the suspected minor and to the
13845 person who accompanied the suspected minor into the state store if they fail to provide any of
13846 the information specified in Subsection (8)(b).
13847 (d) Any state store employee shall require the suspected minor and the person who
13848 accompanied the suspected minor into the state store to immediately leave the premises of the
13849 state store if they fail to provide any of the information specified in Subsection (8)(b).
13850 Section 392. Section 32A-3-106 is amended to read:
13851 32A-3-106. Operational restrictions.
13852 (1) (a) A package agency may not be operated until a package agency agreement has
13853 been entered into by the package agent and the department.

13854 (b) The agreement shall state the conditions of operation by which the package agent
13855 and the department are bound.
13856 (c) If the package agent violates the conditions, terms, or covenants contained in the
13857 agreement, or violates any provisions of this title, the department may take whatever action
13858 against the agent that is allowed by the package agency agreement.
13859 (d) Actions against the package agent are governed solely by the agreement and may
13860 include suspension or revocation of the agency.
13861 (2) (a) A package agency may not purchase liquor from any person except from the
13862 department.
13863 (b) At the discretion of the department, liquor may be provided by the department to a
13864 package agency for sale on consignment.
13865 (3) The department may pay or otherwise remunerate a package agent on any basis
13866 including sales or volume of business done by the agency.
13867 (4) Liquor may not be sold from any package agency except in a sealed package. The
13868 package may not be opened on the premises of a package agency.
13869 (5) All liquor sold shall be in packages that are properly marked and labeled in
13870 accordance with the rules adopted under this title.
13871 (6) A package agency may not display liquor or price lists in windows or showcases
13872 visible to passersby.
13873 (7) (a) An officer, agent, clerk, or employee of a package agency may not consume or
13874 allow to be consumed by any person any alcoholic beverage on the premises of a package
13875 agency.
13876 (b) Violation of this Subsection (7) is a class B misdemeanor.
13877 (8) Liquor may not be sold except at prices fixed by the commission.
13878 (9) Liquor may not be sold, delivered, or furnished to any:
13879 (a) minor;
13880 (b) person actually, apparently, or obviously intoxicated;
13881 (c) known habitual drunkard; or
13882 (d) known interdicted person.
13883 (10) (a) Subject to Subsection (10)(b), sale or delivery of liquor may not be made on or
13884 from the premises of any package agency nor may any package agency be kept open for the sale

13885 of liquor:
13886 (i) on Sunday;
13887 (ii) on any state or federal legal holiday;
13888 (iii) on any day on which any regular general election, regular primary election, or
13889 statewide special election is held until after the polls are closed;
13890 (iv) on any day on which any municipal, [special] local district, special service district,
13891 or school election is held until after the polls are closed, but only within the boundaries of the
13892 municipality, [special] local district, special service district, or school district holding the
13893 election and only if the municipality, [special] local district, special service district, or school
13894 district in which the election is being held notifies the department at least 30 days prior to the
13895 date of the election; or
13896 (v) except on days and during hours as the commission may direct by rule or order.
13897 (b) The restrictions in Subsections (10)(a)(i) and (ii) govern unless:
13898 (i) the package agency is located at a winery licensed under Chapter 8, Manufacturing
13899 Licenses;
13900 (ii) the winery licensed under Chapter 8, Manufacturing Licenses, holds:
13901 (A) a restaurant liquor license under Chapter 4, Part 1, Restaurant Liquor Licenses; or
13902 (B) a limited restaurant license under Chapter 4, Part 3, Limited Restaurant Licenses;
13903 (iii) the restaurant described in Subsection (10)(b)(ii) is located at the winery;
13904 (iv) the restaurant described in Subsection (10)(b)(ii) sells wines produced at the
13905 winery;
13906 (v) the winery described in Subsection (10)(b)(i):
13907 (A) owns the restaurant; or
13908 (B) operates the restaurant;
13909 (vi) the package agency only sells wine produced at the winery; and
13910 (vii) the package agency's days and hours of sale are the same as the days and hours of
13911 sale at the restaurant described in Subsection (10)(b)(ii).
13912 (11) The package agency certificate issued by the commission shall be permanently
13913 posted in a conspicuous place in the package agency.
13914 (12) Each package agent shall display in a prominent place in the package agency a
13915 sign in large letters stating: "Warning: Driving under the influence of alcohol or drugs is a

13916 serious crime that is prosecuted aggressively in Utah."
13917 (13) (a) A package agency may not close or cease operation for a period longer than 72
13918 hours, unless:
13919 (i) the package agency notifies the department in writing at least seven days before the
13920 closing; and
13921 (ii) the closure or cessation of operation is first approved by the department.
13922 (b) Notwithstanding Subsection (13)(a), in the case of emergency closure, immediate
13923 notice of closure shall be made to the department by telephone.
13924 (c) (i) The department may authorize a closure or cessation of operation for a period
13925 not to exceed 60 days.
13926 (ii) The department may extend the initial period an additional 30 days upon written
13927 request of the package agency and upon a showing of good cause.
13928 (iii) A closure or cessation of operation may not exceed a total of 90 days without
13929 commission approval.
13930 (d) The notice required by Subsection (13)(a) shall include:
13931 (i) the dates of closure or cessation of operation;
13932 (ii) the reason for the closure or cessation of operation; and
13933 (iii) the date on which the agency will reopen or resume operation.
13934 (e) Failure of the agency to provide notice and to obtain department authorization prior
13935 to closure or cessation of operation shall result in an automatic termination of the package
13936 agency contract effective immediately.
13937 (f) Failure of the agency to reopen or resume operation by the approved date shall
13938 result in an automatic termination of the package agency contract effective on that date.
13939 (14) Liquor may not be stored or sold in any place other than as designated in the
13940 package agent's application, unless the package agent first applies for and receives approval
13941 from the department for a change of location within the package agency premises.
13942 (15) (a) Except to the extent authorized by commission rule, a minor may not be
13943 admitted into, or be on the premises of a package agency unless accompanied by a person who
13944 is:
13945 (i) 21 years of age or older; and
13946 (ii) the minor's parent, legal guardian, or spouse.

13947 (b) Any package agent or employee of the package agency that has reason to believe
13948 that a person who is on the premises of a package agency store is under the age of 21 and is not
13949 accompanied by a person described in Subsection (15)(a) may:
13950 (i) ask the suspected minor for proof of age;
13951 (ii) ask the person who accompanied the suspected minor for proof of age; and
13952 (iii) ask the suspected minor or the person who accompanied the suspected minor for
13953 proof of parental, guardianship, or spousal relationship.
13954 (c) Any package agent or employee of a package agency shall refuse to sell liquor to
13955 the suspected minor and to the person who accompanied the suspected minor into the package
13956 agency if they fail to provide any of the information specified in Subsection (15)(b).
13957 (d) Any package agent or employee of a package agency shall require the suspected
13958 minor and the person who accompanied the suspected minor into the package agency to
13959 immediately leave the premises of the package agency if they fail to provide any of the
13960 information specified in Subsection (15)(b).
13961 (16) A package agency may not transfer its operations from one location to another
13962 without prior written approval of the commission.
13963 (17) (a) A person, having been granted a package agency, may not sell, transfer, assign,
13964 exchange, barter, give, or attempt in any way to dispose of the package agency to any other
13965 person, whether for monetary gain or not.
13966 (b) A package agency has no monetary value for the purpose of any type of disposition.
13967 Section 393. Section 32A-4-106 is amended to read:
13968 32A-4-106. Operational restrictions.
13969 Each person granted a restaurant liquor license and the employees and management
13970 personnel of the restaurant shall comply with the following conditions and requirements.
13971 Failure to comply may result in a suspension or revocation of the license or other disciplinary
13972 action taken against individual employees or management personnel.
13973 (1) (a) Liquor may not be purchased by a restaurant liquor licensee except from state
13974 stores or package agencies.
13975 (b) Liquor purchased may be transported by the restaurant liquor licensee from the
13976 place of purchase to the licensed premises.
13977 (c) Payment for liquor shall be made in accordance with rules established by the

13978 commission.
13979 (2) A restaurant liquor licensee may sell or provide a primary spirituous liquor only in a
13980 quantity not to exceed one ounce per beverage dispensed through a calibrated metered
13981 dispensing system approved by the department in accordance with commission rules adopted
13982 under this title, except that:
13983 (a) spirituous liquor need not be dispensed through a calibrated metered dispensing
13984 system if used as a secondary flavoring ingredient in a beverage subject to the following
13985 restrictions:
13986 (i) the secondary ingredient may be dispensed only in conjunction with the purchase of
13987 a primary spirituous liquor;
13988 (ii) the secondary ingredient is not the only spirituous liquor in the beverage;
13989 (iii) the restaurant liquor licensee shall designate a location where flavorings are stored
13990 on the floor plan provided to the department; and
13991 (iv) all flavoring containers shall be plainly and conspicuously labeled "flavorings";
13992 (b) spirituous liquor need not be dispensed through a calibrated metered dispensing
13993 system if used:
13994 (i) as a flavoring on desserts; and
13995 (ii) in the preparation of flaming food dishes, drinks, and desserts;
13996 (c) each restaurant patron may have no more than 2.75 ounces of spirituous liquor at a
13997 time; and
13998 (d) each restaurant patron may have no more than one spirituous liquor drink at a time
13999 before the patron.
14000 (3) (a) (i) Wine may be sold and served by the glass or in an individual portion not to
14001 exceed five ounces per glass or individual portion.
14002 (ii) An individual portion of wine may be served to a patron in more than one glass as
14003 long as the total amount of wine does not exceed five ounces.
14004 (iii) An individual portion of wine is considered to be one alcoholic beverage under
14005 Subsection (7)(e).
14006 (b) (i) Wine may be sold and served in containers not exceeding 1.5 liters at prices
14007 fixed by the commission to tables of four or more persons.
14008 (ii) Wine may be sold and served in containers not exceeding 750 ml at prices fixed by

14009 the commission to tables of less than four persons.
14010 (c) A wine service may be performed and a service charge assessed by the restaurant as
14011 authorized by commission rule for wine purchased at the restaurant.
14012 (4) (a) Heavy beer may be served in original containers not exceeding one liter at prices
14013 fixed by the commission.
14014 (b) A service charge may be assessed by the restaurant as authorized by commission
14015 rule for heavy beer purchased at the restaurant.
14016 (5) (a) (i) Subject to Subsection (5)(a)(ii), a restaurant licensed to sell liquor may sell
14017 beer for on-premise consumption:
14018 (A) in an open container; and
14019 (B) on draft.
14020 (ii) Beer sold pursuant to Subsection (5)(a)(i) shall be in a size of container that does
14021 not exceed two liters, except that beer may not be sold to an individual patron in a size of
14022 container that exceeds one liter.
14023 (b) A restaurant licensed under this chapter that sells beer pursuant to Subsection
14024 (5)(a):
14025 (i) may do so without obtaining a separate on-premise beer retailer license from the
14026 commission; and
14027 (ii) shall comply with all appropriate operational restrictions under Chapter 10, Beer
14028 Retailer Licenses, that apply to on-premise beer retailers except when those restrictions are
14029 inconsistent with or less restrictive than the operational restrictions under this part.
14030 (c) Failure to comply with the operational restrictions under Chapter 10, Beer Retailer
14031 Licenses, required by Subsection (5)(b) may result in a suspension or revocation of the
14032 restaurant's:
14033 (i) state liquor license; and
14034 (ii) alcoholic beverage license issued by the local authority.
14035 (6) Alcoholic beverages may not be stored, served, or sold in any place other than as
14036 designated in the licensee's application, unless the licensee first applies for and receives
14037 approval from the department for a change of location within the restaurant.
14038 (7) (a) (i) A patron may only make alcoholic beverage purchases in the restaurant from
14039 and be served by a person employed, designated, and trained by the licensee to sell and serve

14040 alcoholic beverages.
14041 (ii) Notwithstanding Subsection (7)(a)(i), a patron who has purchased bottled wine
14042 from an employee of the restaurant or has carried bottled wine onto the premises of the
14043 restaurant pursuant to Subsection (14) may thereafter serve wine from the bottle to the patron
14044 or others at the patron's table.
14045 (b) Alcoholic beverages shall be delivered by a server to the patron.
14046 (c) Any alcoholic beverage may only be consumed at the patron's table or counter.
14047 (d) Alcoholic beverages may not be served to or consumed by a patron at a bar.
14048 (e) Each restaurant patron may have no more than two alcoholic beverages of any kind
14049 at a time before the patron, subject to the limitation in Subsection (2)(d).
14050 (8) The liquor storage area shall remain locked at all times other than those hours and
14051 days when liquor sales are authorized by law.
14052 (9) (a) Liquor may not be sold, offered for sale, served, or otherwise furnished at a
14053 restaurant during the following days or hours:
14054 (i) until after the polls are closed on the day of any:
14055 (A) regular general election;
14056 (B) regular primary election; or
14057 (C) statewide special election;
14058 (ii) until after the polls are closed on the day of any municipal, [special] local district,
14059 special service district, or school election, but only:
14060 (A) within the boundaries of the municipality, [special] local district, special service
14061 district, or school district; and
14062 (B) if required by local ordinance; and
14063 (iii) on any other day after 12 midnight and before 12 noon.
14064 (b) The hours of beer sales and service are those specified in Chapter 10, Beer Retailer
14065 Licenses, for on-premise beer licensees.
14066 (10) Alcoholic beverages may not be sold except in connection with an order for food
14067 prepared, sold, and served at the restaurant.
14068 (11) Alcoholic beverages may not be sold, served, or otherwise furnished to any:
14069 (a) minor;
14070 (b) person actually, apparently, or obviously intoxicated;

14071 (c) known habitual drunkard; or
14072 (d) known interdicted person.
14073 (12) (a) (i) Liquor may be sold only at prices fixed by the commission.
14074 (ii) Liquor may not be sold at discount prices on any date or at any time.
14075 (b) An alcoholic beverage may not be sold at less than the cost of the alcoholic
14076 beverage to the licensee.
14077 (c) An alcoholic beverage may not be sold at a special or reduced price that encourages
14078 over consumption or intoxication.
14079 (d) An alcoholic beverage may not be sold at a special or reduced price for only certain
14080 hours of the restaurant's business day such as a "happy hour."
14081 (e) The sale or service of more than one alcoholic beverage for the price of a single
14082 alcoholic beverage is prohibited.
14083 (f) The sale or service of an indefinite or unlimited number of alcoholic beverages
14084 during any set period for a fixed price is prohibited.
14085 (g) A restaurant licensee may not engage in a public promotion involving or offering
14086 free alcoholic beverages to the general public.
14087 (13) Alcoholic beverages may not be purchased for a patron of a restaurant by:
14088 (a) the licensee; or
14089 (b) any employee or agent of the licensee.
14090 (14) (a) A person may not bring onto the premises of a restaurant liquor licensee any
14091 alcoholic beverage for on-premise consumption, except a person may bring, subject to the
14092 discretion of the licensee, bottled wine onto the premises of any restaurant liquor licensee for
14093 on-premise consumption.
14094 (b) Except bottled wine under Subsection (14)(a), a restaurant liquor licensee or its
14095 officers, managers, employees, or agents may not allow:
14096 (i) a person to bring onto the restaurant premises any alcoholic beverage for on-premise
14097 consumption; or
14098 (ii) consumption of any such alcoholic beverage on its premises.
14099 (c) If bottled wine is carried in by a patron, the patron shall deliver the wine to a server
14100 or other representative of the licensee upon entering the restaurant.
14101 (d) A wine service may be performed and a service charge assessed by the restaurant as

14102 authorized by commission rule for wine carried in by a patron.
14103 (15) (a) Except as provided in Subsection (15)(b), a restaurant licensee and its
14104 employees may not permit a restaurant patron to carry from the restaurant premises an open
14105 container that:
14106 (i) is used primarily for drinking purposes; and
14107 (ii) contains any alcoholic beverage.
14108 (b) Notwithstanding Subsection (15)(a), a restaurant patron may remove from the
14109 restaurant the unconsumed contents of a bottle of wine purchased in the restaurant, or brought
14110 onto the premises of the restaurant in accordance with Subsection (14), provided the bottle has
14111 been recorked or recapped before removal.
14112 (16) (a) A minor may not be employed by a restaurant licensee to sell or dispense
14113 alcoholic beverages.
14114 (b) Notwithstanding Subsection (16)(a), a minor may be employed to enter the sale at a
14115 cash register or other sales recording device.
14116 (17) An employee of a restaurant liquor licensee, while on duty, may not:
14117 (a) consume an alcoholic beverage; or
14118 (b) be intoxicated.
14119 (18) Any charge or fee made in connection with the sale, service, or consumption of
14120 liquor may be stated in food or alcoholic beverage menus including:
14121 (a) a set-up charge;
14122 (b) a service charge; or
14123 (c) a chilling fee.
14124 (19) Each restaurant liquor licensee shall display in a prominent place in the restaurant:
14125 (a) the liquor license that is issued by the department;
14126 (b) a list of the types and brand names of liquor being served through its calibrated
14127 metered dispensing system; and
14128 (c) a sign in large letters stating: "Warning: Driving under the influence of alcohol or
14129 drugs is a serious crime that is prosecuted aggressively in Utah."
14130 (20) The following acts or conduct in a restaurant licensed under this chapter are
14131 considered contrary to the public welfare and morals, and are prohibited upon the premises:
14132 (a) employing or using any person in the sale or service of alcoholic beverages while

14133 the person is unclothed or in attire, costume, or clothing that exposes to view any portion of the
14134 female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the
14135 buttocks, vulva, or genitals;
14136 (b) employing or using the services of any person to mingle with the patrons while the
14137 person is unclothed or in attire, costume, or clothing described in Subsection (20)(a);
14138 (c) encouraging or permitting any person to touch, caress, or fondle the breasts,
14139 buttocks, anus, or genitals of any other person;
14140 (d) permitting any employee or person to wear or use any device or covering, exposed
14141 to view, that simulates the breast, genitals, anus, pubic hair, or any portion of these;
14142 (e) permitting any person to use artificial devices or inanimate objects to depict any of
14143 the prohibited activities described in this Subsection (20);
14144 (f) permitting any person to remain in or upon the premises who exposes to public
14145 view any portion of that person's genitals or anus; or
14146 (g) showing films, still pictures, electronic reproductions, or other visual reproductions
14147 depicting:
14148 (i) acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral
14149 copulation, flagellation, or any sexual acts prohibited by Utah law;
14150 (ii) any person being touched, caressed, or fondled on the breast, buttocks, anus, or
14151 genitals;
14152 (iii) scenes wherein artificial devices or inanimate objects are used to depict, or
14153 drawings are used to portray, any of the prohibited activities described in this Subsection (20);
14154 or
14155 (iv) scenes wherein a person displays the vulva or the anus or the genitals.
14156 (21) Nothing in Subsection (20) precludes a local authority from being more restrictive
14157 of acts or conduct of the type prohibited in Subsection (20).
14158 (22) (a) Although live entertainment is permitted on the premises of a restaurant liquor
14159 licensee, a licensee may not allow any person to perform or simulate sexual acts prohibited by
14160 Utah law, including sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
14161 flagellation, the touching, caressing, or fondling of the breast, buttocks, anus, or genitals, or the
14162 displaying of the pubic hair, anus, vulva, or genitals. Entertainers shall perform only upon a
14163 stage or at a designated area approved by the commission.

14164 (b) Nothing in Subsection (22)(a) precludes a local authority from being more
14165 restrictive of acts or conduct of the type prohibited in Subsection (22)(a).
14166 (23) A restaurant liquor licensee may not engage in or permit any form of gambling, or
14167 have any video gaming device, as defined and proscribed by Title 76, Chapter 10, Part 11,
14168 Gambling, on the premises of the restaurant liquor licensee.
14169 (24) (a) Each restaurant liquor licensee shall maintain an expense ledger or record
14170 showing in detail:
14171 (i) quarterly expenditures made separately for:
14172 (A) malt or brewed beverages;
14173 (B) set-ups;
14174 (C) liquor;
14175 (D) food; and
14176 (E) all other items required by the department; and
14177 (ii) sales made separately for:
14178 (A) malt or brewed beverages;
14179 (B) set-ups;
14180 (C) food; and
14181 (D) all other items required by the department.
14182 (b) The record required by Subsection (24)(a) shall be kept:
14183 (i) in a form approved by the department; and
14184 (ii) current for each three-month period.
14185 (c) Each expenditure shall be supported by:
14186 (i) delivery tickets;
14187 (ii) invoices;
14188 (iii) receipted bills;
14189 (iv) canceled checks;
14190 (v) petty cash vouchers; or
14191 (vi) other sustaining data or memoranda.
14192 (d) In addition to a ledger or record required under Subsection (24)(a), a restaurant
14193 liquor licensee shall maintain accounting and other records and documents as the department
14194 may require.

14195 (e) Any restaurant or person acting for the restaurant, who knowingly forges, falsifies,
14196 alters, cancels, destroys, conceals, or removes the entries in any of the books of account or
14197 other documents of the restaurant required to be made, maintained, or preserved by this title or
14198 the rules of the commission for the purpose of deceiving the commission or the department, or
14199 any of their officials or employees, is subject to:
14200 (i) the suspension or revocation of the restaurant's liquor license; and
14201 (ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
14202 (25) (a) A restaurant liquor licensee may not close or cease operation for a period
14203 longer than 240 hours, unless:
14204 (i) the restaurant liquor licensee notifies the department in writing at least seven days
14205 before the closing; and
14206 (ii) the closure or cessation of operation is first approved by the department.
14207 (b) Notwithstanding Subsection (25)(a), in the case of emergency closure, immediate
14208 notice of closure shall be made to the department by telephone.
14209 (c) The department may authorize a closure or cessation of operation for a period not to
14210 exceed 60 days. The department may extend the initial period an additional 30 days upon
14211 written request of the restaurant licensee and upon a showing of good cause. A closure or
14212 cessation of operation may not exceed a total of 90 days without commission approval.
14213 (d) Any notice shall include:
14214 (i) the dates of closure or cessation of operation;
14215 (ii) the reason for the closure or cessation of operation; and
14216 (iii) the date on which the licensee will reopen or resume operation.
14217 (e) Failure of the licensee to provide notice and to obtain department authorization
14218 prior to closure or cessation of operation shall result in an automatic forfeiture of:
14219 (i) the license; and
14220 (ii) the unused portion of the license fee for the remainder of the license year effective
14221 immediately.
14222 (f) Failure of the licensee to reopen or resume operation by the approved date shall
14223 result in an automatic forfeiture of:
14224 (i) the license; and
14225 (ii) the unused portion of the license fee for the remainder of the license year.

14226 (26) Each restaurant liquor licensee shall maintain at least 70% of its total restaurant
14227 business from the sale of food, which does not include mix for alcoholic beverages or service
14228 charges.
14229 (27) A restaurant liquor license may not be transferred from one location to another,
14230 without prior written approval of the commission.
14231 (28) (a) A person, having been granted a restaurant liquor license may not sell, transfer,
14232 assign, exchange, barter, give, or attempt in any way to dispose of the license to any other
14233 person whether for monetary gain or not.
14234 (b) A restaurant liquor license has no monetary value for the purpose of any type of
14235 disposition.
14236 (29) Each server of alcoholic beverages in a licensee's establishment shall keep a
14237 written beverage tab for each table or group that orders or consumes alcoholic beverages on the
14238 premises. The beverage tab shall list the type and amount of alcoholic beverages ordered or
14239 consumed.
14240 (30) A person's willingness to serve alcoholic beverages may not be made a condition
14241 of employment as a server with a restaurant that has a restaurant liquor license.
14242 Section 394. Section 32A-4-307 is amended to read:
14243 32A-4-307. Operational restrictions.
14244 Each person granted a limited restaurant license and the employees and management
14245 personnel of the restaurant shall comply with the following conditions and requirements.
14246 Failure to comply may result in a suspension or revocation of the license or other disciplinary
14247 action taken against individual employees or management personnel.
14248 (1) (a) Wine and heavy beer may not be purchased by a limited restaurant licensee
14249 except from state stores or package agencies.
14250 (b) Wine and heavy beer purchased in accordance with Subsection (1)(a) may be
14251 transported by the licensee from the place of purchase to the licensed premises.
14252 (c) Payment for wine and heavy beer shall be made in accordance with rules
14253 established by the commission.
14254 (2) (a) A limited restaurant licensee may not sell, serve, or allow consumption of
14255 spirituous liquor on the premises of the restaurant.
14256 (b) Spirituous liquor may not be on the premises of the restaurant except for use:

14257 (i) as a flavoring on desserts; and
14258 (ii) in the preparation of flaming food dishes, drinks, and desserts.
14259 (3) (a) (i) Wine may be sold and served by the glass or an individual portion not to
14260 exceed five ounces per glass or individual portion.
14261 (ii) An individual portion may be served to a patron in more than one glass as long as
14262 the total amount of wine does not exceed five ounces.
14263 (iii) An individual portion of wine is considered to be one alcoholic beverage under
14264 Subsection (7)(e).
14265 (b) (i) Wine may be sold and served in containers not exceeding 1.5 liters at prices
14266 fixed by the commission to tables of four or more persons.
14267 (ii) Wine may be sold and served in containers not exceeding 750 ml at prices fixed by
14268 the commission to tables of less than four persons.
14269 (c) A wine service may be performed and a service charge assessed by the limited
14270 restaurant as authorized by commission rule for wine purchased at the limited restaurant.
14271 (4) (a) Heavy beer may be served in original containers not exceeding one liter at prices
14272 fixed by the commission.
14273 (b) A service charge may be assessed by the limited restaurant as authorized by
14274 commission rule for heavy beer purchased at the restaurant.
14275 (5) (a) (i) Subject to Subsection (5)(a)(ii), a limited restaurant licensee may sell beer for
14276 on-premise consumption:
14277 (A) in an open container; and
14278 (B) on draft.
14279 (ii) Beer sold pursuant to Subsection (5)(a)(i) shall be in a size of container that does
14280 not exceed two liters, except that beer may not be sold to an individual patron in a size of
14281 container that exceeds one liter.
14282 (b) A limited restaurant licensee that sells beer pursuant to Subsection (5)(a):
14283 (i) may do so without obtaining a separate on-premise beer retailer license from the
14284 commission; and
14285 (ii) shall comply with all appropriate operational restrictions under Chapter 10, Beer
14286 Retailer Licenses, that apply to on-premise beer retailers except when those restrictions are
14287 inconsistent with or less restrictive than the operational restrictions under this part.

14288 (c) Failure to comply with the operational restrictions under Chapter 10, Beer Retailer
14289 Licenses, required by Subsection (5)(b) may result in a suspension or revocation of the
14290 restaurant's:
14291 (i) limited restaurant license; and
14292 (ii) alcoholic beverage license issued by the local authority.
14293 (6) Wine, heavy beer, and beer may not be stored, served, or sold in any place other
14294 than as designated in the licensee's application, unless the licensee first applies for and receives
14295 approval from the department for a change of location within the restaurant.
14296 (7) (a) (i) A patron may only make alcoholic beverage purchases in the limited
14297 restaurant from and be served by a person employed, designated, and trained by the licensee to
14298 sell and serve alcoholic beverages.
14299 (ii) Notwithstanding Subsection (7)(a)(i), a patron who has purchased bottled wine
14300 from an employee of the restaurant or has carried bottled wine onto the premises of the
14301 restaurant pursuant to Subsection (14) may thereafter serve wine from the bottle to the patron
14302 or others at the patron's table.
14303 (b) Alcoholic beverages shall be delivered by a server to the patron.
14304 (c) Any alcoholic beverage may only be consumed at the patron's table or counter.
14305 (d) Alcoholic beverages may not be served to or consumed by a patron at a bar.
14306 (e) Each restaurant patron may have no more than two alcoholic beverages of any kind
14307 at a time before the patron.
14308 (8) The alcoholic beverage storage area shall remain locked at all times other than
14309 those hours and days when alcoholic beverage sales are authorized by law.
14310 (9) (a) Wine and heavy beer may not be sold, offered for sale, served, or otherwise
14311 furnished at a limited restaurant during the following days or hours:
14312 (i) until after the polls are closed on the day of any:
14313 (A) regular general election;
14314 (B) regular primary election; or
14315 (C) statewide special election;
14316 (ii) until after the polls are closed on the day of any municipal, [special] local district,
14317 special service district, or school election, but only:
14318 (A) within the boundaries of the municipality, [special] local district, special service

14319 district, or school district; and
14320 (B) if required by local ordinance; and
14321 (iii) on any other day after 12 midnight and before 12 noon.
14322 (b) The hours of beer sales and service are those specified in Chapter 10, Beer Retailer
14323 Licenses, for on-premise beer licensees.
14324 (10) Alcoholic beverages may not be sold except in connection with an order of food
14325 prepared, sold, and served at the restaurant.
14326 (11) Wine, heavy beer, and beer may not be sold, served, or otherwise furnished to any:
14327 (a) minor;
14328 (b) person actually, apparently, or obviously intoxicated;
14329 (c) known habitual drunkard; or
14330 (d) known interdicted person.
14331 (12) (a) (i) Wine and heavy beer may be sold only at prices fixed by the commission.
14332 (ii) Wine and heavy beer may not be sold at discount prices on any date or at any time.
14333 (b) Alcoholic beverages may not be sold at less than the cost of the alcoholic beverages
14334 to the licensee.
14335 (c) An alcoholic beverage may not be sold at a special or reduced price that encourages
14336 over consumption or intoxication.
14337 (d) An alcoholic beverage may not be sold at a special or reduced price for only certain
14338 hours of the limited restaurant's business day such as a "happy hour."
14339 (e) The sale or service of more than one alcoholic beverage for the price of a single
14340 alcoholic beverage is prohibited.
14341 (f) The sale or service of an indefinite or unlimited number of alcoholic beverages
14342 during any set period for a fixed price is prohibited.
14343 (g) A limited restaurant licensee may not engage in a public promotion involving or
14344 offering free alcoholic beverages to the general public.
14345 (13) Alcoholic beverages may not be purchased for a patron of the restaurant by:
14346 (a) the licensee; or
14347 (b) any employee or agent of the licensee.
14348 (14) (a) A person may not bring onto the premises of a limited restaurant licensee any
14349 alcoholic beverage for on-premise consumption, except a person may bring, subject to the

14350 discretion of the licensee, bottled wine onto the premises of any limited restaurant licensee for
14351 on-premise consumption.
14352 (b) Except bottled wine under Subsection (14)(a), a limited restaurant licensee or its
14353 officers, managers, employees, or agents may not allow:
14354 (i) a person to bring onto the restaurant premises any alcoholic beverage for on-premise
14355 consumption; or
14356 (ii) consumption of any alcoholic beverage described in Subsection (14)(b)(i) on its
14357 premises.
14358 (c) If bottled wine is carried in by a patron, the patron shall deliver the wine to a server
14359 or other representative of the licensee upon entering the restaurant.
14360 (d) A wine service may be performed and a service charge assessed by the restaurant as
14361 authorized by commission rule for wine carried in by a patron.
14362 (15) (a) Except as provided in Subsection (15)(b), a limited restaurant licensee and its
14363 employees may not permit a restaurant patron to carry from the restaurant premises an open
14364 container that:
14365 (i) is used primarily for drinking purposes; and
14366 (ii) contains any alcoholic beverage.
14367 (b) Notwithstanding Subsection (15)(a), a patron may remove the unconsumed contents
14368 of a bottle of wine if before removal the bottle has been recorked or recapped.
14369 (16) (a) A minor may not be employed by a limited restaurant licensee to sell or
14370 dispense alcoholic beverages.
14371 (b) Notwithstanding Subsection (16)(a), a minor may be employed to enter the sale at a
14372 cash register or other sales recording device.
14373 (17) An employee of a limited restaurant licensee, while on duty, may not:
14374 (a) consume an alcoholic beverage; or
14375 (b) be intoxicated.
14376 (18) A charge or fee made in connection with the sale, service, or consumption of wine
14377 or heavy beer may be stated in food or alcoholic beverage menus including:
14378 (a) a service charge; or
14379 (b) a chilling fee.
14380 (19) Each limited restaurant licensee shall display in a prominent place in the

14381 restaurant:
14382 (a) the license that is issued by the department; and
14383 (b) a sign in large letters stating: "Warning: Driving under the influence of alcohol or
14384 drugs is a serious crime that is prosecuted aggressively in Utah."
14385 (20) The following acts or conduct in a restaurant licensed under this part are
14386 considered contrary to the public welfare and morals, and are prohibited upon the premises:
14387 (a) employing or using any person in the sale or service of alcoholic beverages while
14388 the person is unclothed or in attire, costume, or clothing that exposes to view any portion of the
14389 female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the
14390 buttocks, vulva, or genitals;
14391 (b) employing or using the services of any person to mingle with the patrons while the
14392 person is unclothed or in attire, costume, or clothing described in Subsection (20)(a);
14393 (c) encouraging or permitting any person to touch, caress, or fondle the breasts,
14394 buttocks, anus, or genitals of any other person;
14395 (d) permitting any employee or person to wear or use any device or covering, exposed
14396 to view, that simulates the breast, genitals, anus, pubic hair, or any portion of these;
14397 (e) permitting any person to use artificial devices or inanimate objects to depict any of
14398 the prohibited activities described in this Subsection (20);
14399 (f) permitting any person to remain in or upon the premises who exposes to public
14400 view any portion of that person's genitals or anus; or
14401 (g) showing films, still pictures, electronic reproductions, or other visual reproductions
14402 depicting:
14403 (i) acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral
14404 copulation, flagellation, or any sexual acts prohibited by Utah law;
14405 (ii) any person being touched, caressed, or fondled on the breast, buttocks, anus, or
14406 genitals;
14407 (iii) scenes wherein artificial devices or inanimate objects are used to depict, or
14408 drawings are used to portray, any of the prohibited activities described in this Subsection (20);
14409 or
14410 (iv) scenes wherein a person displays the vulva, anus, or the genitals.
14411 (21) Nothing in Subsection (20) precludes a local authority from being more restrictive

14412 of acts or conduct of the type prohibited in Subsection (20).
14413 (22) (a) Although live entertainment is permitted on the premises of a limited
14414 restaurant licensee, a licensee may not allow any person to perform or simulate sexual acts
14415 prohibited by Utah law, including sexual intercourse, masturbation, sodomy, bestiality, oral
14416 copulation, flagellation, the touching, caressing, or fondling of the breast, buttocks, anus, or
14417 genitals, or the displaying of the pubic hair, anus, vulva, or genitals. Entertainers shall perform
14418 only upon a stage or at a designated area approved by the commission.
14419 (b) Nothing in Subsection (22)(a) precludes a local authority from being more
14420 restrictive of acts or conduct of the type prohibited in Subsection (22)(a).
14421 (23) A limited restaurant licensee may not engage in or permit any form of gambling,
14422 or have any video gaming device, as defined and proscribed by Title 76, Chapter 10, Part 11,
14423 Gambling, on the premises of the restaurant.
14424 (24) (a) Each limited restaurant licensee shall maintain an expense ledger or record
14425 showing in detail:
14426 (i) quarterly expenditures made separately for:
14427 (A) wine;
14428 (B) heavy beer;
14429 (C) beer;
14430 (D) food; and
14431 (E) all other items required by the department; and
14432 (ii) sales made separately for:
14433 (A) wine;
14434 (B) heavy beer;
14435 (C) beer;
14436 (D) food; and
14437 (E) all other items required by the department.
14438 (b) The record required by Subsection (24)(a) shall be kept:
14439 (i) in a form approved by the department; and
14440 (ii) current for each three-month period.
14441 (c) Each expenditure shall be supported by:
14442 (i) delivery tickets;

14443 (ii) invoices;
14444 (iii) receipted bills;
14445 (iv) canceled checks;
14446 (v) petty cash vouchers; or
14447 (vi) other sustaining data or memoranda.
14448 (d) In addition to the ledger or record maintained under Subsections (24)(a) through
14449 (c), a limited restaurant licensee shall maintain accounting and other records and documents as
14450 the department may require.
14451 (e) Any restaurant or person acting for the restaurant, who knowingly forges, falsifies,
14452 alters, cancels, destroys, conceals, or removes the entries in any of the books of account or
14453 other documents of the restaurant required to be made, maintained, or preserved by this title or
14454 the rules of the commission for the purpose of deceiving the commission or department, or any
14455 of their officials or employees, is subject to:
14456 (i) the suspension or revocation of the limited restaurant's license; and
14457 (ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
14458 (25) (a) A limited restaurant licensee may not close or cease operation for a period
14459 longer than 240 hours, unless:
14460 (i) the limited restaurant licensee notifies the department in writing at least seven days
14461 before the closing; and
14462 (ii) the closure or cessation of operation is first approved by the department.
14463 (b) Notwithstanding Subsection (25)(a), in the case of emergency closure, immediate
14464 notice of closure shall be made to the department by telephone.
14465 (c) (i) Subject to Subsection (25)(c)(iii), the department may authorize a closure or
14466 cessation of operation for a period not to exceed 60 days.
14467 (ii) The department may extend the initial period an additional 30 days upon:
14468 (A) written request of the limited restaurant licensee; and
14469 (B) a showing of good cause.
14470 (iii) A closure or cessation of operation may not exceed a total of 90 days without
14471 commission approval.
14472 (d) Any notice required by Subsection (25)(a) shall include:
14473 (i) the dates of closure or cessation of operation;

14474 (ii) the reason for the closure or cessation of operation; and
14475 (iii) the date on which the licensee will reopen or resume operation.
14476 (e) Failure of the licensee to provide notice and to obtain department authorization
14477 before closure or cessation of operation shall result in an automatic forfeiture of:
14478 (i) the license; and
14479 (ii) the unused portion of the license fee for the remainder of the license year effective
14480 immediately.
14481 (f) Failure of the licensee to reopen or resume operation by the approved date shall
14482 result in an automatic forfeiture of:
14483 (i) the license; and
14484 (ii) the unused portion of the license fee for the remainder of the license year.
14485 (26) Each limited restaurant licensee shall maintain at least 70% of its total restaurant
14486 business from the sale of food, which does not include service charges.
14487 (27) A limited restaurant license may not be transferred from one location to another,
14488 without prior written approval of the commission.
14489 (28) (a) A limited restaurant licensee may not sell, transfer, assign, exchange, barter,
14490 give, or attempt in any way to dispose of the license to any other person whether for monetary
14491 gain or not.
14492 (b) A limited restaurant license has no monetary value for the purpose of any type of
14493 disposition.
14494 (29) (a) Each server of wine, heavy beer, and beer in a limited restaurant licensee's
14495 establishment shall keep a written beverage tab for each table or group that orders or consumes
14496 alcoholic beverages on the premises.
14497 (b) The beverage tab required by Subsection (29)(a) shall list the type and amount of
14498 alcoholic beverages ordered or consumed.
14499 (30) A limited restaurant licensee may not make a person's willingness to serve
14500 alcoholic beverages a condition of employment as a server with the restaurant.
14501 Section 395. Section 32A-5-107 is amended to read:
14502 32A-5-107. Operational restrictions.
14503 Each club granted a private club license and the employees, management personnel, and
14504 members of the club shall comply with the following conditions and requirements. Failure to

14505 comply may result in a suspension or revocation of the license or other disciplinary action
14506 taken against individual employees or management personnel.
14507 (1) Each private club shall have a governing body that:
14508 (a) consists of three or more members of the club; and
14509 (b) holds regular meetings to:
14510 (i) review membership applications; and
14511 (ii) conduct any other business as required by the bylaws or house rules of the private
14512 club.
14513 (2) (a) Each private club may admit an individual as a member only on written
14514 application signed by the applicant, subject to:
14515 (i) the applicant paying an application fee as required by Subsection (4); and
14516 (ii) investigation, vote, and approval of a quorum of the governing body.
14517 (b) (i) Admissions shall be recorded in the official minutes of a regular meeting of the
14518 governing body.
14519 (ii) An application, whether approved or disapproved, shall be filed as a part of the
14520 official records of the licensee.
14521 (c) Notwithstanding Subsection (2)(a), a private club, in its discretion, may admit an
14522 applicant and immediately accord the applicant temporary privileges of a member until the
14523 governing body completes its investigation and votes on the application, subject to the
14524 following conditions:
14525 (i) the applicant shall:
14526 (A) submit a written application; and
14527 (B) pay the application fee required by Subsection (4);
14528 (ii) the governing body votes on the application at its next meeting which shall take
14529 place no later than 31 days following the day on which the application was submitted; and
14530 (iii) the applicant's temporary membership privileges are terminated if the governing
14531 body disapproves the application.
14532 (d) The spouse of a member of any class of private club is entitled to all the rights and
14533 privileges of the member:
14534 (i) to the extent permitted by the bylaws or house rules of the private club; and
14535 (ii) except to the extent restricted by this title.

14536 (e) The minor child of a member of a class A private club is entitled to all the rights
14537 and privileges of the member:
14538 (i) to the extent permitted by the bylaws or house rules of the private club; and
14539 (ii) except to the extent restricted by this title.
14540 (3) (a) Each private club shall maintain a current and complete membership record
14541 showing:
14542 (i) the date of application of each proposed member;
14543 (ii) each member's address;
14544 (iii) the date the governing body approved a member's admission;
14545 (iv) the date initiation fees and dues were assessed and paid; and
14546 (v) the serial number of the membership card issued to each member.
14547 (b) A current record shall also be kept indicating when members are dropped or
14548 resigned.
14549 (4) (a) Each private club shall establish in the club bylaws or house rules application
14550 fees and membership dues:
14551 (i) as established by commission rules; and
14552 (ii) which are collected from all members.
14553 (b) An application fee:
14554 (i) shall not be less than $4;
14555 (ii) shall be paid when the applicant applies for membership; and
14556 (iii) at the discretion of the private club, may be credited toward membership dues if
14557 the governing body approves the applicant as a member.
14558 (5) (a) Each private club may, in its discretion, allow an individual to be admitted to or
14559 use the club premises as a guest only under the following conditions:
14560 (i) each guest must be previously authorized by one of the following who agrees to host
14561 the guest into the club:
14562 (A) an active member of the club; or
14563 (B) a holder of a current visitor card;
14564 (ii) each guest must be known by the guest's host based on a preexisting bonafide
14565 business or personal relationship with the host prior to the guest's admittance to the club;
14566 (iii) each guest must be accompanied by the guest's host for the duration of the guest's

14567 visit to the club;
14568 (iv) each guest's host must remain on the club premises for the duration of the guest's
14569 visit to the club;
14570 (v) each guest's host is responsible for the cost of all services extended to the guest;
14571 (vi) each guest enjoys only those privileges derived from the guest's host for the
14572 duration of the guest's visit to the club;
14573 (vii) an employee of the club, while on duty, may not act as a host for a guest;
14574 (viii) an employee of the club, while on duty, may not attempt to locate a member or
14575 current visitor card holder to serve as a host for a guest with whom the member or visitor card
14576 holder has no acquaintance based on a preexisting bonafide business or personal relationship
14577 prior to the guest's arrival at the club; and
14578 (ix) a club and its employees may not enter into an agreement or arrangement with a
14579 club member or holder of a current visitor card to indiscriminately host members of the general
14580 public into the club as guests.
14581 (b) Notwithstanding Subsection (5)(a), previous authorization is not required if:
14582 (i) the licensee is a class B private club; and
14583 (ii) the guest is a member of the same fraternal organization as the private club
14584 licensee.
14585 (6) Each private club may, in its discretion, issue visitor cards to allow individuals to
14586 enter and use the club premises on a temporary basis under the following conditions:
14587 (a) each visitor card shall be issued for a period not to exceed three weeks;
14588 (b) a fee of not less than $4 shall be assessed for each visitor card issued;
14589 (c) a visitor card shall not be issued to a minor;
14590 (d) a holder of a visitor card may not host more than seven guests at one time;
14591 (e) each visitor card issued shall include:
14592 (i) the visitor's full name and signature;
14593 (ii) the date the card was issued;
14594 (iii) the date the card expires;
14595 (iv) the club's name; and
14596 (v) the serial number of the card; and
14597 (f) (i) the club shall maintain a current record of the issuance of each visitor card on the

14598 club premises; and
14599 (ii) the record described in Subsection (6)(f)(i) shall:
14600 (A) be available for inspection by the department; and
14601 (B) include:
14602 (I) the name of the person to whom the card was issued;
14603 (II) the date the card was issued;
14604 (III) the date the card expires; and
14605 (IV) the serial number of the card.
14606 (7) A private club may not sell alcoholic beverages to or allow any patron to be
14607 admitted to or use the club premises other than:
14608 (a) a member;
14609 (b) a visitor who holds a valid visitor card issued under Subsection (6); or
14610 (c) a guest of:
14611 (i) a member; or
14612 (ii) a holder of a current visitor card.
14613 (8) (a) A minor may not be:
14614 (i) a member, officer, director, or trustee of a private club;
14615 (ii) issued a visitor card;
14616 (iii) admitted into, use, or be on the premises of a class D private club except to the
14617 extent authorized under Subsections (8)(b) through (g);
14618 (iv) admitted into, use, or be on the premises of any lounge or bar area, as defined by
14619 commission rule, of any private club except to the extent authorized under Subsection
14620 (8)(c)(ii); or
14621 (v) admitted into, use, or be on the premises of any private club that:
14622 (A) provides sexually oriented adult entertainment as defined by commission rule or by
14623 local ordinance; or
14624 (B) operates as a sexually oriented business as defined by commission rule or by local
14625 ordinance.
14626 (b) At the discretion of a class D private club, a minor may be admitted into, use, or be
14627 on the premises of a class D private club under the following circumstances:
14628 (i) during periods when no alcoholic beverages are sold, served, otherwise furnished, or

14629 consumed on the premises, but in no event later than 1 p.m.;
14630 (ii) when accompanied at all times by a member or holder of a current visitor card who
14631 is the minor's parent, legal guardian, or spouse; and
14632 (iii) the private club has a full kitchen and is licensed by the local jurisdiction as a food
14633 service provider.
14634 (c) A minor may be employed by a class D private club on the premises of the club if:
14635 (i) the parent or legal guardian of the minor owns or operates the class D private club;
14636 or
14637 (ii) the minor performs maintenance and cleaning services during the hours when the
14638 club is not open for business.
14639 (d) (i) Subject to Subsection (8)(d)(ii), a minor who is at least 18 years of age may be
14640 admitted into, use, or be on the premises of a dance or concert hall if:
14641 (A) the dance or concert hall is located:
14642 (I) on the premises of a class D private club; or
14643 (II) on the property that immediately adjoins the premises of and is operated by a class
14644 D private club; and
14645 (B) the commission has issued the class D private club a permit to operate a minor
14646 dance or concert hall based on the criteria described in Subsection (8)(d)(iii).
14647 (ii) If the dance or concert hall is located on the premises of a class D private club, a
14648 minor must be properly hosted in accordance with Subsection (5) by:
14649 (A) a member; or
14650 (B) a holder of a current visitor card.
14651 (iii) The commission may issue a minor dance or concert hall permit if:
14652 (A) the club's lounge, bar, and alcoholic beverage consumption area is:
14653 (I) not accessible to minors;
14654 (II) clearly defined; and
14655 (III) separated from the dance or concert hall area by walls, multiple floor levels, or
14656 other substantial physical barriers;
14657 (B) any bar or dispensing area is not visible to minors;
14658 (C) no consumption of alcoholic beverages may occur in:
14659 (I) the dance or concert hall area; or

14660 (II) any area of the club accessible to a minor;
14661 (D) the club maintains sufficient security personnel to prevent the passing of beverages
14662 from the club's lounge, bar, or alcoholic beverage consumption areas to:
14663 (I) the dance or concert hall area; or
14664 (II) any area of the club accessible to a minor;
14665 (E) there are separate entrances, exits, and restroom facilities from the club's lounge,
14666 bar, and alcoholic beverage consumption areas than for:
14667 (I) the dance or concert hall area; or
14668 (II) any area accessible to a minor; and
14669 (F) the club complies with any other restrictions imposed by the commission by rule.
14670 (e) A minor under 18 years of age who is accompanied at all times by a parent or legal
14671 guardian who is a member or holder of a current visitor card may be admitted into, use, or be
14672 on the premises of a concert hall described in Subsection (8)(d)(i) if:
14673 (i) all requirements of Subsection (8)(d) are met; and
14674 (ii) all signage, product, and dispensing equipment containing recognition of alcoholic
14675 beverages is not visible to the minor.
14676 (f) A minor under 18 years of age but who is 14 years of age or older who is not
14677 accompanied by a parent or legal guardian may be admitted into, use, or be on the premises of a
14678 concert hall described in Subsection (8)(d)(i) if:
14679 (i) all requirements of Subsections (8)(d) and (8)(e)(ii) are met; and
14680 (ii) there is no alcoholic beverage, sales, service, or consumption on the premises of the
14681 class D private club.
14682 (g) The commission may suspend or revoke a minor dance or concert permit issued to a
14683 class D private club and suspend or revoke the license of the class D private club if:
14684 (i) the club fails to comply with the restrictions in Subsection (8)(d), (e), or (f);
14685 (ii) the club sells, serves, or otherwise furnishes alcoholic beverages to a minor;
14686 (iii) the licensee or a supervisory or managerial level employee of the private club is
14687 convicted under Title 58, Chapter 37, Utah Controlled Substances Act, on the basis of activities
14688 that occurred on:
14689 (A) the licensed premises; or
14690 (B) the dance or concert hall that is located on property that immediately adjoins the

14691 premises of and is operated by the class D private club;
14692 (iv) there are three or more convictions of patrons of the private club under Title 58,
14693 Chapter 37, Utah Controlled Substances Act, based on activities that occurred on:
14694 (A) the licensed premises; or
14695 (B) the dance or concert hall that is located on property that immediately adjoins the
14696 premises of and is operated by the class D private club;
14697 (v) there is more than one conviction:
14698 (A) of:
14699 (I) the licensee;
14700 (II) an employee of the licensee;
14701 (III) an entertainer contracted by the licensee; or
14702 (IV) a patron of the private club; and
14703 (B) made on the basis of lewd acts or lewd entertainment prohibited by this title that
14704 occurred on:
14705 (I) the licensed premises; or
14706 (II) the dance or concert hall that is located on property that immediately adjoins the
14707 premises of and is operated by the class D private club; or
14708 (vi) the commission finds acts or conduct contrary to the public welfare and morals
14709 involving lewd acts or lewd entertainment prohibited by this title that occurred on:
14710 (A) the licensed premises; or
14711 (B) the dance or concert hall that is located on property that immediately adjoins the
14712 premises of and is operated by the class D private club.
14713 (h) Nothing in this Subsection (8) shall prohibit a class D private club from selling,
14714 serving, or otherwise furnishing alcoholic beverages in a dance or concert area located on the
14715 club premises on days and times when the club does not allow minors into those areas.
14716 (i) Nothing in Subsections (8)(a) through (g) precludes a local authority from being
14717 more restrictive of a minor's admittance to, use of, or presence on the premises of any private
14718 club.
14719 (9) An employee of a club, while on duty, may not:
14720 (a) consume an alcoholic beverage;
14721 (b) be intoxicated; or

14722 (c) act as a host for a guest.
14723 (10) (a) Each private club shall maintain an expense ledger or record showing in detail
14724 all expenditures separated by payments for:
14725 (i) malt or brewed beverages;
14726 (ii) liquor;
14727 (iii) food;
14728 (iv) detailed payroll;
14729 (v) entertainment;
14730 (vi) rent;
14731 (vii) utilities;
14732 (viii) supplies; and
14733 (ix) all other expenditures.
14734 (b) The record required by this Subsection (10) shall be:
14735 (i) kept in a form approved by the department; and
14736 (ii) balanced each month.
14737 (c) Each expenditure shall be supported by:
14738 (i) delivery tickets;
14739 (ii) invoices;
14740 (iii) receipted bills;
14741 (iv) canceled checks;
14742 (v) petty cash vouchers; or
14743 (vi) other sustaining data or memoranda.
14744 (d) All invoices and receipted bills for the current calendar or fiscal year documenting
14745 purchases made by the club shall also be maintained.
14746 (11) (a) Each private club shall maintain a minute book that is posted currently by the
14747 club.
14748 (b) The minute book required by this Subsection (11) shall contain the minutes of all
14749 regular and special meetings of the governing body.
14750 (c) Membership lists shall also be maintained.
14751 (12) (a) Each private club shall maintain current copies of the club's current bylaws and
14752 current house rules.

14753 (b) Changes in the bylaws or house rules:
14754 (i) are not effective unless submitted to the department within ten days after adoption;
14755 and
14756 (ii) become effective 15 days after received by the department unless rejected by the
14757 department before the expiration of the 15-day period.
14758 (13) Each private club shall maintain accounting and other records and documents as
14759 the department may require.
14760 (14) Any club or person acting for the club, who knowingly forges, falsifies, alters,
14761 cancels, destroys, conceals, or removes the entries in any of the books of account or other
14762 documents of the club required to be made, maintained, or preserved by this title or the rules of
14763 the commission for the purpose of deceiving the commission or the department, or any of their
14764 officials or employees, is subject to:
14765 (a) the suspension or revocation of the club's license; and
14766 (b) possible criminal prosecution under Chapter 12, Criminal Offenses.
14767 (15) (a) Each private club shall maintain and keep all the records required by this
14768 section and all other books, records, receipts, and disbursements maintained or used by the
14769 licensee, as the department requires, for a minimum period of three years.
14770 (b) All records, books, receipts, and disbursements are subject to inspection by
14771 authorized representatives of the commission and the department.
14772 (c) The club shall allow the department, through its auditors or examiners, to audit all
14773 records of the club at times the department considers advisable.
14774 (d) The department shall audit the records of the licensee at least once annually.
14775 (16) Each private club shall own or lease premises suitable for the club's activities.
14776 (17) (a) A private club may not maintain facilities in any manner that barricades or
14777 conceals the club operation.
14778 (b) Any member of the commission, authorized department personnel, or any peace
14779 officer shall, upon presentation of credentials, be admitted immediately to the club and
14780 permitted without hindrance or delay to inspect completely the entire club premises and all
14781 books and records of the licensee, at any time during which the same are open for the
14782 transaction of business to its members.
14783 (18) Any public advertising related to a private club by the following shall clearly

14784 identify a club as being "a private club for members":
14785 (a) the private club;
14786 (b) the employees or agents of the private club; or
14787 (c) any person under a contract or agreement with the club.
14788 (19) A private club must have food available at all times when alcoholic beverages are
14789 sold, served, or consumed on the premises.
14790 (20) (a) Liquor may not be purchased by a private club licensee except from state stores
14791 or package agencies.
14792 (b) Liquor purchased in accordance with Subsection (20)(a) may be transported by the
14793 licensee from the place of purchase to the licensed premises.
14794 (c) Payment for liquor shall be made in accordance with rules established by the
14795 commission.
14796 (21) A private club licensee may sell or provide any primary spirituous liquor only in a
14797 quantity not to exceed one ounce per beverage dispensed through a calibrated metered
14798 dispensing system approved by the department in accordance with commission rules adopted
14799 under this title, except that:
14800 (a) spirituous liquor need not be dispensed through a calibrated metered dispensing
14801 system if used as a secondary flavoring ingredient in a beverage subject to the following
14802 restrictions:
14803 (i) the secondary ingredient may be dispensed only in conjunction with the purchase of
14804 a primary spirituous liquor;
14805 (ii) the secondary ingredient is not the only spirituous liquor in the beverage;
14806 (iii) the private club licensee shall designate a location where flavorings are stored on
14807 the floor plan provided to the department; and
14808 (iv) all flavoring containers shall be plainly and conspicuously labeled "flavorings";
14809 (b) spirituous liquor need not be dispensed through a calibrated metered dispensing
14810 system if used:
14811 (i) as a flavoring on desserts; and
14812 (ii) in the preparation of flaming food dishes, drinks, and desserts; and
14813 (c) each club patron may have no more than 2.75 ounces of spirituous liquor at a time
14814 before the patron.

14815 (22) (a) (i) Wine may be sold and served by the glass or an individual portion not to
14816 exceed five ounces per glass or individual portion.
14817 (ii) An individual portion may be served to a patron in more than one glass as long as
14818 the total amount of wine does not exceed five ounces.
14819 (iii) An individual portion of wine is considered to be one alcoholic beverage under
14820 Subsection (26)(c).
14821 (b) (i) Wine may be sold and served in containers not exceeding 1.5 liters at prices
14822 fixed by the commission to tables of four or more persons.
14823 (ii) Wine may be sold and served in containers not exceeding 750 ml at prices fixed by
14824 the commission to tables of less than four persons.
14825 (c) A wine service may be performed and a service charge assessed by the private club
14826 as authorized by commission rule for wine purchased at the private club.
14827 (23) (a) Heavy beer may be served in original containers not exceeding one liter at
14828 prices fixed by the commission.
14829 (b) A service charge may be assessed by the private club for heavy beer purchased at
14830 the private club.
14831 (24) (a) (i) Subject to Subsection (24)(a)(ii), a private club licensed to sell liquor may
14832 sell beer for on-premise consumption:
14833 (A) in an open container; and
14834 (B) on draft.
14835 (ii) Beer sold pursuant to Subsection (24)(a)(i) shall be in a size of container that does
14836 not exceed two liters, except that beer may not be sold to an individual patron in a size of
14837 container that exceeds one liter.
14838 (b) (i) A private club licensed under this chapter that sells beer pursuant to Subsection
14839 (24)(a):
14840 (A) may do so without obtaining a separate on-premise beer retailer license from the
14841 commission; and
14842 (B) shall comply with all appropriate operational restrictions under Chapter 10, Beer
14843 Retailer Licenses, that apply to on-premise beer retailers except when those restrictions are
14844 inconsistent with or less restrictive than the operational restrictions under this chapter.
14845 (ii) Failure to comply with the operational restrictions under Chapter 10, Beer Retailer

14846 Licenses, required by Subsection (24)(b)(i) may result in a suspension or revocation of the
14847 private club's:
14848 (A) state liquor license; and
14849 (B) alcoholic beverage license issued by the local authority.
14850 (25) Alcoholic beverages may not be stored, served, or sold in any place other than as
14851 designated in the licensee's application, unless the licensee first applies for and receives
14852 approval from the department for a change of location within the private club.
14853 (26) (a) A patron may only make alcoholic beverage purchases in the private club from
14854 and be served by a person employed, designated, and trained by the licensee to sell, dispense,
14855 and serve alcoholic beverages.
14856 (b) Notwithstanding Subsection (26)(a), a patron who has purchased bottled wine from
14857 an employee of the private club or has carried bottled wine onto the premises of the private
14858 club pursuant to Subsection (32) may thereafter serve wine from the bottle to the patron or
14859 others at the patron's table.
14860 (c) Each club patron may have no more than two alcoholic beverages of any kind at a
14861 time before the patron.
14862 (27) The liquor storage area shall remain locked at all times other than those hours and
14863 days when liquor sales and service are authorized by law.
14864 (28) (a) Liquor may not be sold, offered for sale, served, or otherwise furnished at a
14865 private club during the following days or hours:
14866 (i) until after the polls are closed on the day of any:
14867 (A) regular general election;
14868 (B) regular primary election; or
14869 (C) statewide special election;
14870 (ii) until after the polls are closed on the day of any municipal, [special] local district,
14871 special service district, or school election, but only:
14872 (A) within the boundaries of the municipality, [special] local district, special service
14873 district, or school district; and
14874 (B) if required by local ordinance; and
14875 (iii) on any other day after 1 a.m. and before 10 a.m.
14876 (b) The hours of beer sales and service are those specified in Chapter 10, Beer Retailer

14877 Licenses, for on-premise beer licenses.
14878 (c) (i) Notwithstanding Subsections (28)(a) and (b), a private club shall remain open
14879 for one hour after the private club ceases the sale and service of alcoholic beverages during
14880 which time a patron of the club may finish consuming:
14881 (A) any single drink containing spirituous liquor;
14882 (B) a single serving of wine not exceeding five ounces;
14883 (C) a single serving of heavy beer; or
14884 (D) a single serving of beer not exceeding 26 ounces.
14885 (ii) A club is not required to remain open:
14886 (A) after all patrons have vacated the premises; or
14887 (B) during an emergency.
14888 (d) Between the hours of 2 a.m. and 10 a.m. on any day a private club may not allow a
14889 patron to remain on the premises to consume alcoholic beverages on the premises.
14890 (29) Alcoholic beverages may not be sold, served, or otherwise furnished to any:
14891 (a) minor;
14892 (b) person actually, apparently, or obviously intoxicated;
14893 (c) known habitual drunkard; or
14894 (d) known interdicted person.
14895 (30) (a) (i) Liquor may be sold only at prices fixed by the commission.
14896 (ii) Liquor may not be sold at discount prices on any date or at any time.
14897 (b) Alcoholic beverages may not be sold at less than the cost of the alcoholic beverage
14898 to the licensee.
14899 (c) An alcoholic beverage may not be sold at a special or reduced price that encourages
14900 over consumption or intoxication.
14901 (d) The price of a single serving of a primary spirituous liquor shall be the same
14902 whether served as a single drink or in conjunction with another alcoholic beverage.
14903 (e) An alcoholic beverage may not be sold at a special or reduced price for only certain
14904 hours of the private club's business day such as a "happy hour."
14905 (f) The sale or service of more than one alcoholic beverage for the price of a single
14906 alcoholic beverage is prohibited.
14907 (g) The sale or service of an indefinite or unlimited number of alcoholic beverages

14908 during any set period for a fixed price is prohibited.
14909 (h) A private club licensee may not engage in a promotion involving or offering free
14910 alcoholic beverages to patrons of the club.
14911 (31) Alcoholic beverages may not be purchased for a patron of the private club by:
14912 (a) the licensee; or
14913 (b) any employee or agent of the licensee.
14914 (32) (a) A person may not bring onto the premises of a private club licensee any
14915 alcoholic beverage for on-premise consumption, except a person may bring, subject to the
14916 discretion of the licensee, bottled wine onto the premises of any private club licensee for
14917 on-premise consumption.
14918 (b) Except bottled wine under Subsection (32)(a), a private club or its officers,
14919 managers, employees, or agents may not allow:
14920 (i) a person to bring onto the private club premises any alcoholic beverage for
14921 consumption on the private club premises; or
14922 (ii) consumption of alcoholic beverages described in Subsection (32)(b)(i) on the
14923 premises of the private club.
14924 (c) If bottled wine is carried in by a patron, the patron shall deliver the wine to a server
14925 or other representative of the licensee upon entering the private club.
14926 (d) A wine service may be performed and a service charge assessed by the private club
14927 as authorized by commission rule for wine carried in by a patron.
14928 (33) (a) Except as provided in Subsection (33)(b), a private club and its employees may
14929 not permit a patron of the club to carry from the club premises an open container that:
14930 (i) is used primarily for drinking purposes; and
14931 (ii) contains any alcoholic beverage.
14932 (b) A patron may remove the unconsumed contents of a bottle of wine if before
14933 removal the bottle has been recorked or recapped.
14934 (34) (a) A minor may not be employed by any class A, B, or C private club to sell,
14935 dispense, or handle any alcoholic beverage.
14936 (b) Notwithstanding Subsection (34)(a), a minor may be employed by a class A or C
14937 private club to enter the sale at a cash register or other sales recording device.
14938 (c) Except to the extent authorized in Subsection (8)(c), a minor may not be employed

14939 by or be on the premises of any class D private club.
14940 (d) A minor may not be employed to work in any lounge or bar area of any class A, B,
14941 or C private club.
14942 (35) An employee of a private club, while on duty, may not:
14943 (a) consume an alcoholic beverage; or
14944 (b) be intoxicated.
14945 (36) (a) A private club may not charge for the service or supply of glasses, ice, or
14946 mixers unless:
14947 (i) the charges are fixed in the house rules of the club; and
14948 (ii) a copy of the house rules is kept on the club premises and available at all times for
14949 examination by patrons of the club.
14950 (b) A charge or fee made in connection with the sale, service, or consumption of liquor
14951 may be stated in food or alcoholic beverage menus including:
14952 (i) a set-up charge;
14953 (ii) a service charge; or
14954 (iii) a chilling fee.
14955 (37) Each private club licensee shall display in a prominent place in the private club:
14956 (a) the private club license that is issued by the department;
14957 (b) a list of the types and brand names of liquor being served through its calibrated
14958 metered dispensing system; and
14959 (c) a sign in large letters stating: "Warning: Driving under the influence of alcohol or
14960 drugs is a serious crime that is prosecuted aggressively in Utah."
14961 (38) The following acts or conduct in a private club licensed under this chapter are
14962 considered contrary to the public welfare and morals, and are prohibited upon the premises:
14963 (a) employing or using any person in the sale or service of alcoholic beverages while
14964 the person is unclothed or in attire, costume, or clothing that exposes to view any portion of the
14965 female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the
14966 buttocks, vulva, or genitals;
14967 (b) employing or using the services of any person to mingle with the patrons while the
14968 person is unclothed or in attire, costume, or clothing described in Subsection (38)(a);
14969 (c) encouraging or permitting any person to touch, caress, or fondle the breasts,

14970 buttocks, anus, or genitals of any other person;
14971 (d) permitting any employee or person to wear or use any device or covering, exposed
14972 to view, that simulates the breast, genitals, anus, pubic hair, or any portion of these;
14973 (e) permitting any person to use artificial devices or inanimate objects to depict any of
14974 the prohibited activities described in this Subsection (38);
14975 (f) permitting any person to remain in or upon the premises who exposes to public
14976 view any portion of his or her genitals or anus; or
14977 (g) showing films, still pictures, electronic reproductions, or other visual reproductions
14978 depicting:
14979 (i) acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral
14980 copulation, flagellation, or any sexual acts prohibited by Utah law;
14981 (ii) any person being touched, caressed, or fondled on the breast, buttocks, anus, or
14982 genitals;
14983 (iii) scenes wherein artificial devices or inanimate objects are used to depict, or
14984 drawings are used to portray, any of the prohibited activities described in this Subsection (38);
14985 or
14986 (iv) scenes wherein a person displays the vulva or the anus or the genitals.
14987 (39) Nothing in Subsection (38) precludes a local authority from being more restrictive
14988 of acts or conduct of the type prohibited in Subsection (38).
14989 (40) (a) Although live entertainment is permitted on the premises of a club liquor
14990 licensee, a licensee may not allow any person to perform or simulate sexual acts prohibited by
14991 Utah law, including sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
14992 flagellation, or the touching, caressing, or fondling of the breast, buttocks, anus, or genitals, or
14993 the displaying of the pubic hair, anus, vulva, or genitals. Entertainers shall perform only upon
14994 a stage or at a designated area approved by the commission.
14995 (b) Nothing in Subsection (40)(a) precludes a local authority from being more
14996 restrictive of acts or conduct of the type prohibited in Subsection (40)(a).
14997 (41) A private club may not engage in or permit any form of gambling, or have any
14998 video gaming device, as defined and proscribed in Title 76, Chapter 10, Part 11, Gambling, on
14999 the premises of the private club.
15000 (42) (a) A private club may not close or cease operation for a period longer than 240

15001 hours, unless:
15002 (i) the private club licensee notifies the department in writing at least seven days before
15003 the closing; and
15004 (ii) the closure or cessation of operation is first approved by the department.
15005 (b) Notwithstanding Subsection (42)(a), in the case of emergency closure, immediate
15006 notice of closure shall be made to the department by telephone.
15007 (c) The department may authorize a closure or cessation of operation for a period not to
15008 exceed 60 days. The department may extend the initial period an additional 30 days upon
15009 written request of the private club and upon a showing of good cause. A closure or cessation of
15010 operation may not exceed a total of 90 days without commission approval.
15011 (d) The notice required by Subsection (42)(a) shall include:
15012 (i) the dates of closure or cessation of operation;
15013 (ii) the reason for the closure or cessation of operation; and
15014 (iii) the date on which the licensee will reopen or resume operation.
15015 (e) Failure of the licensee to provide notice and to obtain department authorization
15016 prior to closure or cessation of operation shall result in an automatic forfeiture of:
15017 (i) the license; and
15018 (ii) the unused portion of the license fee for the remainder of the license year effective
15019 immediately.
15020 (f) Failure of the licensee to reopen or resume operation by the approved date shall
15021 result in an automatic forfeiture of:
15022 (i) the license; and
15023 (ii) the unused portion of the club's license fee for the remainder of the license year.
15024 (43) A private club license may not be transferred from one location to another,
15025 without prior written approval of the commission.
15026 (44) (a) A private club licensee, may not sell, transfer, assign, exchange, barter, give, or
15027 attempt in any way to dispose of the license to any other person, whether for monetary gain or
15028 not.
15029 (b) A private club license has no monetary value for the purpose of any type of
15030 disposition.
15031 Section 396. Section 34-30-14 is amended to read:

15032 34-30-14. Public works -- Wages.
15033 (1) For purposes of this section:
15034 (a) "Political subdivision" means a county, city, town, school district, [special] local
15035 district, special service district, public corporation, institution of higher education of the state,
15036 public agency of any political subdivision, or other entity that expends public funds for
15037 construction, maintenance, repair or improvement of public works.
15038 (b) "Public works" or "public works project" means a building, road, street, sewer,
15039 storm drain, water system, irrigation system, reclamation project, or other facility owned or to
15040 be contracted for by the state or a political subdivision, and that is to be paid for in whole or in
15041 part with tax revenue paid by residents of the state.
15042 (2) (a) Except as provided in Subsection (2)(b) or as required by federal or state law,
15043 the state or any political subdivision that contracts for the construction, maintenance, repair, or
15044 improvement of public works may not require that a contractor, subcontractor, or material
15045 supplier or carrier engaged in the construction, maintenance, repair, or improvement of public
15046 works pay its employees:
15047 (i) a predetermined amount of wages or wage rate; or
15048 (ii) a type, amount, or rate of employee benefits.
15049 (b) Subsection (2)(a) does not apply when federal law requires the payment of
15050 prevailing or minimum wages to persons working on projects funded in whole or in part by
15051 federal funds.
15052 (3) The state or any political subdivision that contracts for the construction,
15053 maintenance, repair, or improvement of public works may not require that a contractor,
15054 subcontractor, or material supplier or carrier engaged in the construction, maintenance, repair
15055 or improvement of public works execute or otherwise become a party to any project labor
15056 agreement, collective bargaining agreement, prehire agreement, or any other agreement with
15057 employees, their representatives, or any labor organization as a condition of bidding,
15058 negotiating, being awarded, or performing work on a public works project.
15059 (4) This section applies to any contract executed after May 1, 1995.
15060 Section 397. Section 34-32-1.1 is amended to read:
15061 34-32-1.1. Prohibiting public employers from making payroll deductions for
15062 political purposes.

15063 (1) As used in this section:
15064 (a) (i) "Labor organization" means a lawful organization of any kind that is composed,
15065 in whole or in part, of employees and that exists for the purpose, in whole or in part, of dealing
15066 with employers concerning grievances, labor disputes, wages, rates of pay, hours of
15067 employment, or other terms and conditions of employment.
15068 (ii) Except as provided in Subsection (1)(b)(iii), "labor organization" includes each
15069 employee association and union for public employees.
15070 (iii) "Labor organization" does not include organizations governed by the National
15071 Labor Relations Act, 29 U.S.C. Sec. 151 et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151
15072 et seq.
15073 (b) "Political purposes" means an act done with the intent or in a way to influence or
15074 tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
15075 against any candidate for public office at any caucus, political convention, primary, or election.
15076 (c) "Public employee" means a person employed by:
15077 (i) the state of Utah or any administrative subunit of the state;
15078 (ii) a state institution of higher education; or
15079 (iii) a municipal corporation, a county, a municipality, a school district, a [special]
15080 local district, a special service district, or any other political subdivision of the state.
15081 (d) "Public employer" means an employer that is:
15082 (i) the state of Utah or any administrative subunit of the state;
15083 (ii) a state institution of higher education; or
15084 (iii) a municipal corporation, a county, a municipality, a school district, a [special]
15085 local district, a special service district, or any other political subdivision of the state.
15086 (e) "Union dues" means dues, fees, assessments, or other monies required as a
15087 condition of membership or participation in a labor organization.
15088 (2) A public employer may not deduct from the wages of its employees any amounts to
15089 be paid to:
15090 (a) a candidate as defined in Section 20A-11-101 ;
15091 (b) a personal campaign committee as defined in Section 20A-11-101 ;
15092 (c) a political action committee as defined in Section 20A-11-101 ;
15093 (d) a political issues committee as defined in Section 20A-11-101 ;

15094 (e) a registered political party as defined in Section 20A-11-101 ;
15095 (f) a political fund as defined in Section 20A-11-1402 ; or
15096 (g) any entity established by a labor organization to solicit, collect, or distribute monies
15097 primarily for political purposes as defined in this chapter.
15098 (3) The attorney general may bring an action to require a public employer to comply
15099 with the requirements of this section.
15100 Section 398. Section 34-41-101 is amended to read:
15101 34-41-101. Definitions.
15102 As used in this chapter:
15103 (1) "Drug" means any substance recognized as a drug in the United States
15104 Pharmacopeia, the National Formulary, the Homeopathic Pharmacopeia, or other drug
15105 compendia, including Title 58, Chapter 37, Utah Controlled Substances Act, or supplement to
15106 any of those compendia.
15107 (2) "Drug testing" means the scientific analysis for the presence of drugs or their
15108 metabolites in the human body in accordance with the definitions and terms of this chapter.
15109 (3) "Local governmental employee" means any person or officer in the service of a
15110 local governmental entity or state institution of higher education for compensation.
15111 (4) (a) "Local governmental entity" means any political subdivision of Utah including
15112 any county, municipality, local school district, [special] local district, special service district, or
15113 any administrative subdivision of those entities.
15114 (b) "Local governmental entity" does not mean Utah state government or its
15115 administrative subdivisions provided for in Sections 67-19-33 through 67-19-38 .
15116 (5) "Periodic testing" means preselected and preannounced drug testing of employees
15117 or volunteers conducted on a regular schedule.
15118 (6) "Prospective employee" means any person who has made a written or oral
15119 application to become an employee of a local governmental entity or a state institution of
15120 higher education.
15121 (7) "Random testing" means the unannounced drug testing of an employee or volunteer
15122 who was selected for testing by using a method uninfluenced by any personal characteristics
15123 other than job category.
15124 (8) "Reasonable suspicion for drug testing" means an articulated belief based on the

15125 recorded specific facts and reasonable inferences drawn from those facts that a local
15126 government employee or volunteer is in violation of the drug-free workplace policy.
15127 (9) "Rehabilitation testing" means unannounced but preselected drug testing done as
15128 part of a program of counseling, education, and treatment of an employee or volunteer in
15129 conjunction with the drug-free workplace policy.
15130 (10) "Safety sensitive position" means any local governmental or state institution of
15131 higher education position involving duties which directly affects the safety of governmental
15132 employees, the general public, or positions where there is access to controlled substances, as
15133 defined in Title 58, Chapter 37, Utah Controlled Substances Act, during the course of
15134 performing job duties.
15135 (11) "Sample" means urine, blood, breath, saliva, or hair.
15136 (12) "State institution of higher education" means the institution as defined in Section
15137 53B-3-102 .
15138 (13) "Volunteer" means any person who donates services as authorized by the local
15139 governmental entity or state institution of higher education without pay or other compensation
15140 except expenses actually and reasonably incurred.
15141 Section 399. Section 36-12-13 is amended to read:
15142 36-12-13. Office of Legislative Fiscal Analyst established -- Powers, functions,
15143 and duties -- Qualifications.
15144 (1) There is established an Office of Legislative Fiscal Analyst as a permanent staff
15145 office for the Legislature.
15146 (2) The powers, functions, and duties of the Office of Legislative Fiscal Analyst under
15147 the supervision of the fiscal analyst are:
15148 (a) to analyze in detail the executive budget before the convening of each legislative
15149 session and make recommendations to the Legislature on each item or program appearing in
15150 the executive budget;
15151 (b) to prepare cost estimates on all proposed bills that anticipate state government
15152 expenditures;
15153 (c) to prepare cost estimates on all proposed bills that anticipate expenditures by
15154 county, municipal, [or special] local district, or special service district governments;
15155 (d) to prepare cost estimates on all proposed bills that anticipate direct expenditures by

15156 any Utah resident, and the cost to the overall impacted Utah resident population;
15157 (e) to prepare a review and analysis of revenue estimates for existing and proposed
15158 revenue acts;
15159 (f) to report instances in which the administration may be failing to carry out the
15160 expressed intent of the Legislature;
15161 (g) to direct attention to each new proposed service contained in the governor's budget;
15162 (h) to direct attention to each budget item previously denied by the Legislature;
15163 (i) to propose and analyze statutory changes for more effective operational economies
15164 or more effective administration;
15165 (j) to prepare, after each session of the Legislature, a summary showing the effect of
15166 the final legislative program on the financial condition of the state;
15167 (k) to conduct organizational and management improvement studies;
15168 (l) to prepare and deliver upon request of any interim committee or the Legislative
15169 Management Committee, reports on the finances of the state and on anticipated or proposed
15170 requests for appropriations;
15171 (m) to recommend areas for research studies by the executive department or the interim
15172 committees;
15173 (n) to assist in prescribing the format for the presentation of the governor's budget to
15174 facilitate program and in-depth review of state expenditures in accordance with Sections
15175 63-38-14 and 63-38-15 ;
15176 (o) to recommend to the appropriations subcommittees the agencies or programs for
15177 which an in-depth budget review should be requested, and to recommend to the Legislative
15178 Management Committee the priority in which the request should be made;
15179 (p) to appoint and develop a professional staff within budget limitations; and
15180 (q) to prepare and submit the annual budget request for the office.
15181 (3) The legislative fiscal analyst shall have a master's degree in public administration,
15182 political science, economics, accounting, or the equivalent in academic or practical experience.
15183 (4) In carrying out the duties provided for in this section, the legislative fiscal analyst
15184 may obtain access to all records, documents, and reports necessary to the scope of his duties
15185 according to the procedures contained in Title 36, Chapter 14, Legislative Subpoena Powers.
15186 Section 400. Section 49-11-102 is amended to read:

15187 49-11-102. Definitions.
15188 As used in this title:
15189 (1) (a) "Active member" means a member who is employed or who has been employed
15190 by a participating employer within the previous 120 days.
15191 (b) "Active member" does not include retirees.
15192 (2) "Actuarial equivalent" means a benefit of equal value when computed upon the
15193 basis of mortality tables as recommended by the actuary and adopted by the executive director,
15194 including regular interest.
15195 (3) "Actuarial interest rate" means the interest rate as recommended by the actuary and
15196 adopted by the board upon which the funding of system costs and benefits are computed.
15197 (4) "Agency" means:
15198 (a) a department, division, agency, office, authority, commission, board, institution, or
15199 hospital of the state;
15200 (b) a county, municipality, school district, [or special] local district, or special service
15201 district;
15202 (c) a state college or university; or
15203 (d) any other participating employer.
15204 (5) "Allowance" means the pension plus the annuity, including any cost of living or
15205 other authorized adjustments to the pension and annuity.
15206 (6) "Alternate payee" means a member's former spouse or family member eligible to
15207 receive payments under a Domestic Relations Order in compliance with Section 49-11-612 .
15208 (7) "Annuity" means monthly payments derived from member contributions.
15209 (8) "Appointive officer" means an employee appointed to a position for a definite and
15210 fixed term of office by official and duly recorded action of a participating employer whose
15211 appointed position is designated in the participating employer's charter, creation document, or
15212 similar document, and who earns during the first full month of the term of office $500 or more,
15213 indexed as of January 1, 1990, as provided in Section 49-12-407 .
15214 (9) "Beneficiary" means any person entitled to receive a payment under this title
15215 through a relationship with or designated by a member, participant, covered individual, or
15216 alternate payee of a defined contribution plan.
15217 (10) "Board" means the Utah State Retirement Board established under Section

15218 49-11-202 .
15219 (11) "Board member" means a person serving on the Utah State Retirement Board as
15220 established under Section 49-11-202 .
15221 (12) "Contributions" means the total amount paid by the participating employer and the
15222 member into a system or to the Utah Governors' and Legislators' Retirement Plan under
15223 Chapter 19, Utah Governor's and Legislators' Retirement Act.
15224 (13) "Council member" means a person serving on the Membership Council
15225 established under Section 49-11-202 .
15226 (14) "Covered individual" means any individual covered under Chapter 20, Public
15227 Employees' Benefit and Insurance Program Act.
15228 (15) "Current service" means covered service as defined in Chapters 12, 13, 14, 15, 16,
15229 17, 18, and 19.
15230 (16) "Defined contribution" or "defined contribution plan" means any defined
15231 contribution plan authorized under the Internal Revenue Code and administered by the board.
15232 (17) "Educational institution" means a political subdivision or instrumentality of the
15233 state or a combination thereof primarily engaged in educational activities or the administration
15234 or servicing of educational activities, including:
15235 (a) the State Board of Education and its instrumentalities;
15236 (b) any institution of higher education and its branches;
15237 (c) any school district and its instrumentalities;
15238 (d) any vocational and technical school; and
15239 (e) any entity arising out of a consolidation agreement between entities described under
15240 this Subsection (17).
15241 (18) (a) "Employer" means any department, educational institution, or political
15242 subdivision of the state eligible to participate in a government-sponsored retirement system
15243 under federal law.
15244 (b) "Employer" may also include an agency financed in whole or in part by public
15245 funds.
15246 (19) "Exempt employee" means an employee working for a participating employer:
15247 (a) who is not eligible for service credit under Section 49-12-203 , 49-13-203 ,
15248 49-14-203 , 49-15-203 , or 49-16-203 ; and

15249 (b) for whom a participating employer is not required to pay contributions or
15250 nonelective contributions.
15251 (20) "Final average monthly salary" means the amount computed by dividing the
15252 compensation received during the final average salary period under each system by the number
15253 of months in the final average salary period.
15254 (21) "Fund" means any fund created under this title for the purpose of paying benefits
15255 or costs of administering a system, plan, or program.
15256 (22) (a) "Inactive member" means a member who has not been employed by a
15257 participating employer for a period of at least 120 days.
15258 (b) "Inactive member" does not include retirees.
15259 (23) (a) "Member" means a person, except a retiree, with contributions on deposit with
15260 a system, the Utah Governors' and Legislators' Retirement Plan under Chapter 19, or with a
15261 terminated system.
15262 (b) "Member" also includes leased employees within the meaning of Section 414(n)(2)
15263 of the Internal Revenue Code, if the employees have contributions on deposit with the office.
15264 If leased employees constitute less than 20% of the participating employer's work force that is
15265 not highly compensated within the meaning of Section 414(n)(5)(c)(ii), Internal Revenue Code,
15266 "member" does not include leased employees covered by a plan described in Section 414(n)(5)
15267 of the federal Internal Revenue Code.
15268 (24) "Member contributions" means the sum of the contributions paid to a system or
15269 the Utah Governors' and Legislators' Retirement Plan, including refund interest if allowed by a
15270 system, and which are made by:
15271 (a) the member; and
15272 (b) the participating employer on the member's behalf under Section 414(h) of the
15273 Internal Revenue Code.
15274 (25) "Nonelective contribution" means an amount contributed by a participating
15275 employer into a participant's defined contribution account.
15276 (26) "Office" means the Utah State Retirement Office.
15277 (27) "Participant" means an individual with voluntary deferrals or nonelective
15278 contributions on deposit with the defined contribution plans administered under this title.
15279 (28) "Participating employer" means a participating employer, as defined by Chapters

15280 12, 13, 14, 15, 16, 17, and 18, or an agency financed in whole or in part by public funds which
15281 is participating in a system or plan as of January 1, 2002.
15282 (29) "Pension" means monthly payments derived from participating employer
15283 contributions.
15284 (30) "Plan" means the Utah Governors' and Legislators' Retirement Plan created by
15285 Chapter 19 or the defined contribution plans created under Section 49-11-801 .
15286 (31) (a) "Political subdivision" means any local government entity, including cities,
15287 towns, counties, and school districts, but only if the subdivision is a juristic entity that is legally
15288 separate and distinct from the state and only if its employees are not by virtue of their
15289 relationship to the entity employees or the state.
15290 (b) "Political subdivision" includes [special] local districts, special service districts, or
15291 authorities created by the Legislature or by local governments, including the office.
15292 (c) "Political subdivision" does not include a project entity created under Title 11,
15293 Chapter 13, Interlocal Cooperation Act.
15294 (32) "Program" means the Public Employees' Insurance Program created under Chapter
15295 20, Public Employees' Benefit and Insurance Program Act, or the Public Employees'
15296 Long-Term Disability program created under Chapter 21, Public Employees' Long-Term
15297 Disability Act.
15298 (33) "Public funds" means those funds derived, either directly or indirectly, from public
15299 taxes or public revenue, dues or contributions paid or donated by the membership of the
15300 organization, used to finance an activity whose objective is to improve, on a nonprofit basis,
15301 the governmental, educational, and social programs and systems of the state or its political
15302 subdivisions.
15303 (34) "Refund interest" means the amount accrued on member contributions at a rate
15304 adopted by the board.
15305 (35) "Retiree" means an individual who has qualified for an allowance under this title.
15306 (36) "Retirement" means the status of an individual who has become eligible, applies
15307 for, and is entitled to receive an allowance under this title.
15308 (37) "Retirement date" means the date selected by the member on which the member's
15309 retirement becomes effective with the office.
15310 (38) "Service credit" means:

15311 (a) the period during which an employee is employed and compensated by a
15312 participating employer and meets the eligibility requirements for membership in a system or the
15313 Utah Governors' and Legislators' Retirement Plan, provided that any required contributions are
15314 paid to the office; and
15315 (b) periods of time otherwise purchasable under this title.
15316 (39) "System" means the individual retirement systems created by Chapters 12, 13, 14,
15317 15, 16, 17, and 18.
15318 (40) "Voluntary deferrals" means an amount contributed by a participant into that
15319 participant's defined contribution account.
15320 Section 401. Section 51-4-2 is amended to read:
15321 51-4-2. Deposits by political subdivisions.
15322 (1) As used in this section:
15323 (a) "Officer" means each:
15324 (i) county treasurer, county auditor, county assessor, county clerk, clerk of the district
15325 court, city treasurer, city clerk, justice court judge; and
15326 (ii) other officer of a political subdivision.
15327 (b) "Political subdivision" means a county, city, town, school district, [and special]
15328 local district, and special service district.
15329 (2) (a) Each officer shall deposit all public funds daily whenever practicable but not
15330 later than three days after receipt.
15331 (b) Each officer shall deposit all public funds only in qualified depositories unless the
15332 public funds need to be deposited in a bank outside Utah in order to provide for:
15333 (i) payment of maturing bonds or other evidences of indebtedness; or
15334 (ii) payment of the interest on bonds or other evidences of indebtedness.
15335 (3) (a) (i) Each officer shall require all checks to be made payable to the office of the
15336 officer receiving funds or to the political subdivision's treasurer.
15337 (ii) An officer may not accept a check unless it is made payable to the office of the
15338 officer receiving funds or to the political subdivision's treasurer.
15339 (b) Each officer shall deposit all monies he collects into an account controlled by his
15340 political subdivision's treasurer.
15341 (4) (a) Except as provided in Subsection (4)(b) and unless a shorter time for depositing

15342 funds is otherwise required by law, each political subdivision that has collected funds that are
15343 due to the state or to another political subdivision of the state shall, on or before the tenth day
15344 of each month, pay all of those funds that were receipted during the last month:
15345 (i) to a qualified depository for the credit of the appropriate public treasurer; or
15346 (ii) to the appropriate public treasurer.
15347 (b) Property tax collections shall be apportioned and paid according to Section
15348 59-2-1365 .
15349 Section 402. Section 52-4-203 is amended to read:
15350 52-4-203. Minutes of open meetings -- Public records -- Recording of meetings.
15351 (1) Except as provided under Subsection (7), written minutes and a recording shall be
15352 kept of all open meetings. The minutes and a recording shall include:
15353 (a) the date, time, and place of the meeting;
15354 (b) the names of members present and absent;
15355 (c) the substance of all matters proposed, discussed, or decided;
15356 (d) a record, by individual member, of votes taken;
15357 (e) the name of each person who provided testimony and the substance in brief of their
15358 testimony; and
15359 (f) any other information that any member requests be entered in the minutes or
15360 recording.
15361 (2) A recording of an open meeting shall be a complete and unedited record of all open
15362 portions of the meeting from the commencement of the meeting through adjournment of the
15363 meeting.
15364 (3) (a) The minutes and recordings of an open meeting are public records and shall be
15365 available within a reasonable time after the meeting.
15366 (b) An open meeting record kept only by a recording must be converted to written
15367 minutes within a reasonable time upon request.
15368 (4) All or any part of an open meeting may be independently recorded by any person in
15369 attendance if the recording does not interfere with the conduct of the meeting.
15370 (5) Minutes or recordings of an open meeting that is required to be retained
15371 permanently shall be maintained in or converted to a format that meets long-term records
15372 storage requirements.

15373 (6) Written minutes and recordings of open meetings are public records under Title 63,
15374 Chapter 2, Government Records Access and Management Act, but written minutes shall be the
15375 official record of action taken at the meeting.
15376 (7) Either written minutes or a recording shall be kept of:
15377 (a) an open meeting that is a site visit or a traveling tour, if no vote or action is taken by
15378 the public body; and
15379 (b) an open meeting of [an independent special district as defined under Title 17A,
15380 Special Districts, or] a local district under Title 17B, [Chapter 2, Local Districts,] Limited
15381 Purpose Local Government Entities - Local Districts, or special service district under Title
15382 17A, Chapter 2, Part 13, Utah Special Service District Act, if the district's annual budgeted
15383 expenditures for all funds, excluding capital expenditures and debt service, are $50,000 or less.
15384 Section 403. Section 53-3-207 is amended to read:
15385 53-3-207. License certificates or driving privilege cards issued to drivers by class
15386 of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
15387 licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
15388 (1) As used in this section:
15389 (a) "driving privilege" means the privilege granted under this chapter to drive a motor
15390 vehicle;
15391 (b) "driving privilege card" means the evidence of the privilege granted and issued
15392 under this chapter to drive a motor vehicle;
15393 (c) "governmental entity" means the state and its political subdivisions as defined in
15394 this Subsection (1);
15395 (d) "political subdivision" means any county, city, town, school district, public transit
15396 district, [redevelopment] community development and renewal agency, special improvement or
15397 taxing district, [special] local district, special service district, an entity created by an interlocal
15398 agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other
15399 governmental subdivision or public corporation; and
15400 (e) "state" means this state, and includes any office, department, agency, authority,
15401 commission, board, institution, hospital, college, university, children's justice center, or other
15402 instrumentality of the state.
15403 (2) (a) The division shall issue to every person privileged to drive a motor vehicle, a

15404 license certificate or a driving privilege card indicating the type or class of motor vehicle the
15405 person may drive.
15406 (b) A person may not drive a class of motor vehicle unless granted the privilege in that
15407 class.
15408 (3) (a) Every license certificate or driving privilege card shall bear:
15409 (i) the distinguishing number assigned to the person by the division;
15410 (ii) the name, birth date, and Utah residence address of the person;
15411 (iii) a brief description of the person for the purpose of identification;
15412 (iv) any restrictions imposed on the license under Section 53-3-208 ;
15413 (v) a photograph of the person;
15414 (vi) a photograph or other facsimile of the person's signature; and
15415 (vii) an indication whether the person intends to make an anatomical gift under Title
15416 26, Chapter 28, Uniform Anatomical Gift Act, unless the driving privilege is extended under
15417 Subsection 53-3-214 (3).
15418 (b) A new license certificate issued by the division may not bear the person's Social
15419 Security number.
15420 (c) (i) The license certificate or driving privilege card shall be of an impervious
15421 material, resistant to wear, damage, and alteration.
15422 (ii) Except as provided under Subsection (4)(b), the size, form, and color of the license
15423 certificate or driving privilege card shall be as prescribed by the commissioner.
15424 (iii) The commissioner may also prescribe the issuance of a special type of limited
15425 license certificate or driving privilege card under Subsection 53-3-220 (4) and may authorize
15426 the issuance of a renewed or duplicate license certificate or driving privilege card without a
15427 picture if the applicant is not then living in the state.
15428 (4) (a) (i) The division upon determining after an examination that an applicant is
15429 mentally and physically qualified to be granted a driving privilege may issue to an applicant a
15430 receipt for the fee.
15431 (ii) The receipt serves as a temporary license certificate or temporary driving privilege
15432 card allowing the person to drive a motor vehicle while the division is completing its
15433 investigation to determine whether the person is entitled to be granted a driving privilege.
15434 (b) The receipt shall be in the person's immediate possession while driving a motor

15435 vehicle, and it is invalid when the person's license certificate or driving privilege card has been
15436 issued or when, for good cause, the privilege has been refused.
15437 (c) The division shall indicate on the receipt a date after which it is not valid as a
15438 license certificate or driving privilege card.
15439 (5) (a) The division shall distinguish learner permits, temporary permits, license
15440 certificates, and driving privilege cards issued to any person younger than 21 years of age by
15441 use of plainly printed information or the use of a color or other means not used for other license
15442 certificates or driving privilege cards.
15443 (b) The division shall distinguish a license certificate or driving privilege card issued to
15444 any person:
15445 (i) younger than 21 years of age by use of a portrait-style format not used for other
15446 license certificates or driving privilege cards and by plainly printing the date the license
15447 certificate or driving privilege card holder is 21 years of age, which is the legal age for
15448 purchasing an alcoholic beverage or product under Section 32A-12-203 ; and
15449 (ii) younger than 19 years of age, by plainly printing the date the license certificate or
15450 driving privilege card holder is 19 years of age, which is the legal age for purchasing tobacco
15451 products under Section 76-10-104 .
15452 (6) (a) The division shall only issue a driving privilege card to a person whose privilege
15453 was obtained without using a Social Security number as required under Subsection
15454 53-3-205 (9).
15455 (b) The division shall distinguish a driving privilege card from a license certificate by:
15456 (i) use of a format, color, font, or other means; and
15457 (ii) clearly displaying on the front of the driving privilege card a phrase substantially
15458 similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
15459 (7) The provisions of Subsection (5)(b) do not apply to a learner permit, temporary
15460 permit, or any other temporary permit or receipt issued by the division.
15461 (8) The division shall issue temporary license certificates or temporary driving
15462 privilege cards of the same nature, except as to duration, as the license certificates or driving
15463 privilege cards that they temporarily replace, as are necessary to implement applicable
15464 provisions of this section and Section 53-3-223 .
15465 (9) A governmental entity may not accept a driving privilege card as proof of personal

15466 identification.
15467 (10) A person who violates Subsection (2)(b) is guilty of a class C misdemeanor.
15468 (11) Except as provided under this section, the provisions, requirements, classes,
15469 endorsements, fees, restrictions, and sanctions under this code apply to a:
15470 (a) driving privilege in the same way as a license issued under this chapter; and
15471 (b) driving privilege card in the same way as a license certificate issued under this
15472 chapter.
15473 Section 404. Section 53-7-104 is amended to read:
15474 53-7-104. Enforcement of rules -- Division of authority and responsibility.
15475 (1) The authority and responsibility for enforcing rules made under this chapter is
15476 divided as provided in this section.
15477 (2) The fire officers of any city or county shall enforce the rules of the state fire
15478 marshal in their respective areas.
15479 (3) The state fire marshal may enforce the rules in:
15480 (a) areas outside of corporate cities, fire protection districts, and [special] other local
15481 districts or special service districts organized for fire protection purposes; and
15482 (b) state-owned property, school district owned property, and privately owned property
15483 used for schools located within corporate cities and county fire protection districts, asylums,
15484 mental hospitals, hospitals, sanitariums, homes for the aged, residential health-care facilities,
15485 children's homes or institutions, or similar institutional type occupancy of any capacity.
15486 (4) The state fire marshal may enforce the rules in corporate cities, counties, [and] fire
15487 protection districts, and special service districts organized for fire protection purposes upon
15488 receiving a request from the chief fire official or the local governing body.
15489 Section 405. Section 53-10-605 is amended to read:
15490 53-10-605. Use of money in fund -- Criteria -- Administration.
15491 (1) Subject to an annual legislative appropriation from the fund to:
15492 (a) the committee, the committee shall:
15493 (i) authorize the use of the money in the fund, by grant to a local entity or state agency
15494 in accordance with this Subsection (1) and Subsection (2);
15495 (ii) grant to state agencies and local entities an amount not to exceed the per month fee
15496 levied on telephone services under Section 69-2-5.6 for installation, implementation, and

15497 maintenance of unified, statewide 911 emergency services and technology; and
15498 (iii) in addition to any money under Subsection (1)(a)(ii), grant to counties of the third
15499 through sixth class the amount dedicated for rural assistance, which is at least 3 cents per
15500 month levied on telephone services under Section 69-2-5.6 to:
15501 (A) enhance the 911 emergency services with a focus on areas or counties that do not
15502 have E-911 services; and
15503 (B) where needed, assist the counties, in cooperation with private industry, with the
15504 creation or integration of wireless systems and location technology in rural areas of the state;
15505 and
15506 (b) the committee, the committee shall:
15507 (i) include reimbursement to a provider of radio communications service, as defined in
15508 Section 69-2-2 , for costs as provided in Subsections (1)(b)(ii) and (iii);
15509 (ii) an agreement to reimburse costs to a provider of radio communications services
15510 must be a written agreement among the committee, the local public safety answering point and
15511 the carrier; and
15512 (iii) shall include reimbursement to the provider for the cost of design, development,
15513 and implementation of equipment or software necessary to provide Phase I, wireless E-911
15514 service to public service answering points, provided:
15515 (A) the reimbursement under this Subsection (1)(b) does not exceed the amount
15516 allowed by Subsection 53-10-602 (3);
15517 (B) the provider submits an invoice for the reimbursement to the committee; and
15518 (C) the provider has not been reimbursed by the consumer for the costs submitted to
15519 the committee; and
15520 (c) the state's Automated Geographic Reference Center in the Division of Integrated
15521 Technology of the Department of Technology Services, an amount equal to 1 cent per month
15522 levied on telephone services under Section 69-2-5.6 shall be used to enhance and upgrade
15523 statewide digital mapping standards.
15524 (2) (a) Beginning July 1, 2007, the committee may not grant the money in the fund to a
15525 local entity unless the local entity is in compliance with Phase I, wireless E-911 service.
15526 (b) Beginning July 1, 2009, the committee may not grant money in the fund to a local
15527 entity unless the local entity is in compliance with Phase II, wireless E-911 service.

15528 (3) A local entity must deposit any money it receives from the committee into a special
15529 emergency telephone service fund in accordance with Subsection 69-2-5 (4).
15530 (4) For purposes of this part, "local entity" means a county, city, town, [special
15531 district,] local district, special service district, or interlocal entity created under Title 11,
15532 Chapter 13, Interlocal Cooperation Act.
15533 Section 406. Section 53-13-103 is amended to read:
15534 53-13-103. Law enforcement officer.
15535 (1) (a) "Law enforcement officer" means a sworn and certified peace officer who is an
15536 employee of a law enforcement agency that is part of or administered by the state or any of its
15537 political subdivisions, and whose primary and principal duties consist of the prevention and
15538 detection of crime and the enforcement of criminal statutes or ordinances of this state or any of
15539 its political subdivisions.
15540 (b) "Law enforcement officer" specifically includes the following:
15541 (i) any sheriff or deputy sheriff, chief of police, police officer, or marshal of any
15542 county, city, or town;
15543 (ii) the commissioner of public safety and any member of the Department of Public
15544 Safety certified as a peace officer;
15545 (iii) all persons specified in Sections 23-20-1.5 and 63-11-17.2 ;
15546 (iv) any police officer employed by any college or university;
15547 (v) investigators for the Motor Vehicle Enforcement Division;
15548 (vi) special agents or investigators employed by the attorney general, district attorneys,
15549 and county attorneys;
15550 (vii) employees of the Department of Natural Resources designated as peace officers by
15551 law;
15552 (viii) school district police officers as designated by the board of education for the
15553 school district;
15554 (ix) the executive director of the Department of Corrections and any correctional
15555 enforcement or investigative officer designated by the executive director and approved by the
15556 commissioner of public safety and certified by the division;
15557 (x) correctional enforcement, investigative, or adult probation and parole officers
15558 employed by the Department of Corrections serving on or before July 1, 1993;

15559 (xi) members of a law enforcement agency established by a private college or
15560 university provided that the college or university has been certified by the commissioner of
15561 public safety according to rules of the Department of Public Safety;
15562 (xii) airport police officers of any airport owned or operated by the state or any of its
15563 political subdivisions; and
15564 (xiii) transit police officers designated under Section [ 17A-2-1062 ] 17B-2a-823 .
15565 (2) Law enforcement officers may serve criminal process and arrest violators of any
15566 law of this state and have the right to require aid in executing their lawful duties.
15567 (3) (a) A law enforcement officer has statewide full-spectrum peace officer authority,
15568 but the authority extends to other counties, cities, or towns only when the officer is acting
15569 under Title 77, Chapter 9, Uniform Act on Fresh Pursuit, unless the law enforcement officer is
15570 employed by the state.
15571 (b) (i) A local law enforcement agency may limit the jurisdiction in which its law
15572 enforcement officers may exercise their peace officer authority to a certain geographic area.
15573 (ii) Notwithstanding Subsection (3)(b)(i), a law enforcement officer may exercise his
15574 authority outside of the limited geographic area, pursuant to Title 77, Chapter 9, Uniform Act
15575 on Fresh Pursuit, if the officer is pursuing an offender for an offense that occurred within the
15576 limited geographic area.
15577 (c) The authority of law enforcement officers employed by the Department of
15578 Corrections is regulated by Title 64, Chapter 13, Department of Corrections -- State Prison.
15579 (4) A law enforcement officer shall, prior to exercising peace officer authority,
15580 satisfactorily complete:
15581 (a) the basic course at a certified law enforcement officer training academy or pass a
15582 certification examination as provided in Section 53-6-206 , and be certified; and
15583 (b) annual certified training of at least 40 hours per year as directed by the director of
15584 the division, with the advice and consent of the council.
15585 Section 407. Section 53A-2-123 is amended to read:
15586 53A-2-123. Notice before preparing or amending a long-range plan or acquiring
15587 certain property.
15588 (1) As used in this section:
15589 (a) "Affected entity" means each county, municipality, [independent special district

15590 under Title 17A, Chapter 2, Independent Special Districts,] local district under Title 17B,
15591 [Chapter 2, Local Districts,] Limited Purpose Local Government Entities - Local Districts,
15592 special service district under Title 17A, Chapter 2, Part 13, Utah Special Service District Act,
15593 interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act,
15594 and specified public utility:
15595 (i) whose services or facilities are likely to require expansion or significant
15596 modification because of an intended use of land; or
15597 (ii) that has filed with the school district a copy of the general or long-range plan of the
15598 county, municipality, [independent special district,] local district, special service district,
15599 school district, interlocal cooperation entity, or specified public utility.
15600 (b) "Specified public utility" means an electrical corporation, gas corporation, or
15601 telephone corporation, as those terms are defined in Section 54-2-1 .
15602 (2) (a) If a school district located in a county of the first or second class prepares a
15603 long-range plan regarding its facilities proposed for the future or amends an already existing
15604 long-range plan, the school district shall, before preparing a long-range plan or amendments to
15605 an existing long-range plan, provide written notice, as provided in this section, of its intent to
15606 prepare a long-range plan or to amend an existing long-range plan.
15607 (b) Each notice under Subsection (2)(a) shall:
15608 (i) indicate that the school district intends to prepare a long-range plan or to amend a
15609 long-range plan, as the case may be;
15610 (ii) describe or provide a map of the geographic area that will be affected by the
15611 long-range plan or amendments to a long-range plan;
15612 (iii) be sent to:
15613 (A) each county in whose unincorporated area and each municipality in whose
15614 boundaries is located the land on which the proposed long-range plan or amendments to a
15615 long-range plan are expected to indicate that the proposed facilities will be located;
15616 (B) each affected entity;
15617 (C) the Automated Geographic Reference Center created in Section 63F-1-506 ;
15618 (D) each association of governments, established pursuant to an interlocal agreement
15619 under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
15620 described in Subsection (2)(b)(iii)(A) is a member; and

15621 (E) the state planning coordinator appointed under Section 63-38d-202 ;
15622 (iv) with respect to the notice to counties and municipalities described in Subsection
15623 (2)(b)(iii)(A) and affected entities, invite them to provide information for the school district to
15624 consider in the process of preparing, adopting, and implementing the long-range plan or
15625 amendments to a long-range plan concerning:
15626 (A) impacts that the use of land proposed in the proposed long-range plan or
15627 amendments to a long-range plan may have on the county, municipality, or affected entity; and
15628 (B) uses of land that the county, municipality, or affected entity is planning or
15629 considering that may conflict with the proposed long-range plan or amendments to a long-range
15630 plan; and
15631 (v) include the address of an Internet website, if the school district has one, and the
15632 name and telephone number of a person where more information can be obtained concerning
15633 the school district's proposed long-range plan or amendments to a long-range plan.
15634 (3) (a) Except as provided in Subsection (3)(d), each school district intending to
15635 acquire real property in a county of the first or second class for the purpose of expanding the
15636 district's infrastructure or other facilities shall provide written notice, as provided in this
15637 Subsection (3), of its intent to acquire the property if the intended use of the property is
15638 contrary to:
15639 (i) the anticipated use of the property under the county or municipality's general plan;
15640 or
15641 (ii) the property's current zoning designation.
15642 (b) Each notice under Subsection (3)(a) shall:
15643 (i) indicate that the school district intends to acquire real property;
15644 (ii) identify the real property; and
15645 (iii) be sent to:
15646 (A) each county in whose unincorporated area and each municipality in whose
15647 boundaries the property is located; and
15648 (B) each affected entity.
15649 (c) A notice under this Subsection (3) is a protected record as provided in Subsection
15650 63-2-304 (7).
15651 (d) (i) The notice requirement of Subsection (3)(a) does not apply if the school district

15652 previously provided notice under Subsection (2) identifying the general location within the
15653 municipality or unincorporated part of the county where the property to be acquired is located.
15654 (ii) If a school district is not required to comply with the notice requirement of
15655 Subsection (3)(a) because of application of Subsection (3)(d)(i), the school district shall
15656 provide the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of
15657 the real property.
15658 Section 408. Section 53B-16-104 is amended to read:
15659 53B-16-104. Restrictions on higher education entities bidding on architect or
15660 engineering services in public procurement projects.
15661 (1) As used in this section:
15662 (a) "Architect-engineer services" means those professional services within the scope of
15663 the practice of architecture as defined in Section 58-3a-102 , or professional engineering as
15664 defined in Section 58-22-102 .
15665 (b) "Government entity" means a state agency, an institution of higher education, a
15666 county, a municipality, a local school district, [or a special] a local district, or a special service
15667 district.
15668 (2) When a government entity elects to obtain architect or engineering services by
15669 using a competitive procurement process and has provided public notice of its competitive
15670 procurement process:
15671 (a) a higher education entity, or any part of one, may not submit a proposal in response
15672 to the government entity's competitive procurement process; and
15673 (b) the government entity may not award a contract to perform the architect or
15674 engineering services solicited in the competitive procurement process to a higher education
15675 entity or any part of one.
15676 (3) (a) Subject to the prohibition contained in Subsection (3)(b), an employee of a
15677 higher education entity may, in a private capacity, submit a proposal in response to the
15678 competitive procurement process.
15679 (b) An employee of a higher education entity may not use any supplies, materials, or
15680 other resources owned by, or any persons matriculating at, attending, or employed by, the
15681 higher education entity in:
15682 (i) preparing a response to the competitive procurement process; or

15683 (ii) completing any work, assignment, or contract awarded to the employee resulting
15684 from that competitive procurement process.
15685 Section 409. Section 54-3-28 is amended to read:
15686 54-3-28. Notice required of certain public utilities before preparing or amending
15687 a long-range plan or acquiring certain property.
15688 (1) As used in this section:
15689 (a) (i) "Affected entity" means each county, municipality, [independent special district
15690 under Title 17A, Chapter 2, Independent Special Districts,] local district under Title 17B,
15691 [Chapter 2, Local Districts,] Limited Purpose Local Government Entities - Local Districts,
15692 special service district, school district, interlocal cooperation entity established under Title 11,
15693 Chapter 13, Interlocal Cooperation Act, and specified public utility:
15694 (A) whose services or facilities are likely to require expansion or significant
15695 modification because of expected uses of land under a proposed long-range plan or under
15696 proposed amendments to a long-range plan; or
15697 (B) that has filed with the specified public utility a copy of the general or long-range
15698 plan of the county, municipality, [independent special district,] local district, special service
15699 district, school district, interlocal cooperation entity, or specified public utility.
15700 (ii) "Affected entity" does not include the specified public utility that is required under
15701 Subsection (2) to provide notice.
15702 (b) "Specified public utility" means an electrical corporation, gas corporation, or
15703 telephone corporation, as those terms are defined in Section 54-2-1 .
15704 (2) (a) If a specified public utility prepares a long-range plan regarding its facilities
15705 proposed for the future in a county of the first or second class or amends an already existing
15706 long-range plan, the specified public utility shall, before preparing a long-range plan or
15707 amendments to an existing long-range plan, provide written notice, as provided in this section,
15708 of its intent to prepare a long-range plan or to amend an existing long-range plan.
15709 (b) Each notice under Subsection (2) shall:
15710 (i) indicate that the specified public utility intends to prepare a long-range plan or to
15711 amend a long-range plan, as the case may be;
15712 (ii) describe or provide a map of the geographic area that will be affected by the
15713 long-range plan or amendments to a long-range plan;

15714 (iii) be sent to:
15715 (A) each county in whose unincorporated area and each municipality in whose
15716 boundaries is located the land on which the proposed long-range plan or amendments to a
15717 long-range plan are expected to indicate that the proposed facilities will be located;
15718 (B) each affected entity;
15719 (C) the Automated Geographic Reference Center created in Section 63F-1-506 ;
15720 (D) each association of governments, established pursuant to an interlocal agreement
15721 under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
15722 described in Subsection (2)(b)(iii)(A) is a member; and
15723 (E) the state planning coordinator appointed under Section 63-38d-202 ;
15724 (iv) with respect to the notice to counties and municipalities described in Subsection
15725 (2)(b)(iii)(A) and affected entities, invite them to provide information for the specified public
15726 utility to consider in the process of preparing, adopting, and implementing the long-range plan
15727 or amendments to a long-range plan concerning:
15728 (A) impacts that the use of land proposed in the proposed long-range plan or
15729 amendments to a long-range plan may have on the county, municipality, or affected entity; and
15730 (B) uses of land that the county, municipality, or affected entity is planning or
15731 considering that may conflict with the proposed long-range plan or amendments to a long-range
15732 plan; and
15733 (v) include the address of an Internet website, if the specified public utility has one, and
15734 the name and telephone number of a person where more information can be obtained
15735 concerning the specified public utility's proposed long-range plan or amendments to a
15736 long-range plan.
15737 (3) (a) Except as provided in Subsection (3)(d), each specified public utility intending
15738 to acquire real property in a county of the first or second class for the purpose of expanding its
15739 infrastructure or other facilities used for providing the services that the specified public utility
15740 is authorized to provide shall provide written notice, as provided in this Subsection (3), of its
15741 intent to acquire the property if the intended use of the property is contrary to:
15742 (i) the anticipated use of the property under the county or municipality's general plan;
15743 or
15744 (ii) the property's current zoning designation.

15745 (b) Each notice under Subsection (3)(a) shall:
15746 (i) indicate that the specified public utility intends to acquire real property;
15747 (ii) identify the real property; and
15748 (iii) be sent to:
15749 (A) each county in whose unincorporated area and each municipality in whose
15750 boundaries the property is located; and
15751 (B) each affected entity.
15752 (c) A notice under this Subsection (3) is a protected record as provided in Subsection
15753 63-2-304 (7).
15754 (d) (i) The notice requirement of Subsection (3)(a) does not apply if the specified
15755 public utility previously provided notice under Subsection (2) identifying the general location
15756 within the municipality or unincorporated part of the county where the property to be acquired
15757 is located.
15758 (ii) If a specified public utility is not required to comply with the notice requirement of
15759 Subsection (3)(a) because of application of Subsection (3)(d)(i), the specified public utility
15760 shall provide the notice specified in Subsection (3)(a) as soon as practicable after its acquisition
15761 of the real property.
15762 Section 410. Section 54-8c-1 is amended to read:
15763 54-8c-1. Definitions.
15764 As used in this chapter:
15765 (1) "Authorized person" means an employee or agent:
15766 (a) of a public utility that:
15767 (i) generates, transmits, or delivers electricity; or
15768 (ii) provides and whose work relates to communication services;
15769 (b) of an industrial plant whose work relates to the electrical system of the industrial
15770 plant;
15771 (c) of a cable television or communication services company, or of a contractor of
15772 cable television or communication services company, if specifically and expressly authorized
15773 by the owner of the poles to make cable television or communication services attachments; or
15774 (d) of a state, county, or municipal agency which has or whose work relates to:
15775 (i) overhead electrical lines;

15776 (ii) overhead lighting systems;
15777 (iii) authorized overhead circuit construction;
15778 (iv) conductors on poles; or
15779 (v) structures of any type.
15780 (2) "Business day" means any day other than Saturday, Sunday, or a legal holiday.
15781 (3) "High voltage" means voltage in excess of six hundred volts measured between:
15782 (a) conductors; or
15783 (b) a conductor and the ground.
15784 (4) "Overhead line" means all bare or insulated electrical conductors installed above
15785 the ground.
15786 (5) "Public utility" means any entity that generates, transmits, or distributes electrical
15787 energy, including any:
15788 (a) public utility as defined in Title 54, Chapter 2;
15789 (b) municipality as defined in Title 10;
15790 (c) agricultural cooperative association as defined in Title 3;
15791 (d) [county] improvement district as defined in [Title 17A, Chapter 2, Part 3] Section
15792 17B-1-102 ; or
15793 (e) entity created pursuant to Title 11, Chapter 13.
15794 (6) "Responsible party" means any person who contracts to perform, is responsible for
15795 the performance of, or has control over, any function or activity at any location.
15796 Section 411. Section 54-14-103 is amended to read:
15797 54-14-103. Definitions.
15798 As used in this chapter:
15799 (1) "Actual excess cost" means the difference in cost between the standard cost of a
15800 facility and the actual cost of the facility, including any necessary right-of-way, as determined
15801 in accordance with Section 54-14-203 .
15802 (2) "Board" means the Electrical Facility Review Board.
15803 (3) "Commencement of construction of a facility" includes the ordering of materials
15804 necessary to construct the facility.
15805 (4) "Estimated excess cost" means any material difference in estimated cost between
15806 the costs of a facility, including any necessary right-of-way, if constructed in accordance with

15807 the requirements of a local government and the standard cost of the facility.
15808 (5) "Facility" means a transmission line or a substation.
15809 (6) "Local government" means a city or town as defined in Section 10-1-104 or a
15810 county. If a facility is proposed to be located in more than one local government jurisdiction,
15811 "local government" may refer to one or more of the local governments in whose jurisdiction the
15812 facility is located.
15813 (7) "Pay" includes, in reference to a local government paying the actual excess cost of a
15814 facility, payment by:
15815 (a) a [special] local district [created by the local government] under Title 17B, Limited
15816 Purposed Local Government Entities - Local Districts; [or]
15817 (b) a special service district under Title 17A, Chapter 2, Part 13, Utah Special Service
15818 District Act; or
15819 [(b)] (c) a private entity other than the public utility pursuant to a regulation or decision
15820 of the local government.
15821 (8) (a) "Standard cost" means the estimated cost of a facility, including any necessary
15822 right-of-way, if constructed in accordance with:
15823 (i) the public utility's normal practices; and
15824 (ii) zoning, subdivision, and building code regulations of a local government, including
15825 siting, setbacks, screening, and landscaping requirements:
15826 (A) imposed on similar land uses in the same zone; and
15827 (B) that do not impair the ability of the public utility to provide service to its customers
15828 in a safe, reliable, adequate, and efficient manner.
15829 (b) With respect to a transmission line, standard cost is the cost of any overhead line
15830 constructed in accordance with the public utility's normal practices.
15831 (9) (a) "Substation" means a separate space within which electric supply equipment is
15832 located for the purpose of switching, regulating, transforming, or otherwise modifying the
15833 characteristics of electricity, including:
15834 (i) electrical equipment such as transformers, circuit breakers, voltage regulating
15835 equipment, buses, switches, capacitor banks, reactors, protection and control equipment, and
15836 other related equipment;
15837 (ii) the site at which the equipment is located, any foundations, support structures,

15838 buildings, or driveways necessary to locate, operate, and maintain the equipment at the site; and
15839 (iii) the structure intended to restrict access to the equipment to qualified persons.
15840 (b) "Substation" does not include a distribution pole-mounted or pad-mounted
15841 transformer that is used for the final transformation of power to the voltage level utilized by the
15842 customer.
15843 (10) "Transmission line" means an electrical line, including structures, equipment,
15844 plant, or fixtures associated with the electrical line, operated at a nominal voltage of 34,000
15845 volts or above.
15846 Section 412. Section 57-8-27 is amended to read:
15847 57-8-27. Separate taxation.
15848 (1) Each unit and its percentage of undivided interest in the common areas and
15849 facilities shall be considered to be a parcel and shall be subject to separate assessment and
15850 taxation by each assessing unit [and special], local district, and special service district for all
15851 types of taxes authorized by law, including ad valorem levies and special assessments. Neither
15852 the building or buildings, the property, nor any of the common areas and facilities may be
15853 considered a parcel.
15854 (2) In the event any of the interests in real property made subject to this chapter by the
15855 declaration are leasehold interests, if the lease creating these interests is of record in the office
15856 of the county recorder, if the balance of the term remaining under the lease is at least 40 years
15857 at the time the leasehold interest is made subject to this chapter, if units are situated or are to be
15858 situated on or within the real property covered by the lease, and if the lease provides that the
15859 lessee shall pay all taxes and assessments imposed by governmental authority, then until ten
15860 years prior to the date that the leasehold is to expire or until the lease is terminated, whichever
15861 first occurs, all taxes and assessments on the real property covered by the lease shall be levied
15862 against the owner of the lessee's interest. If the owner of the reversion under the lease has
15863 executed the declaration and condominium plat, until ten years prior to the date that the
15864 leasehold is to expire, or until the lease is terminated, whichever first occurs, all taxes and
15865 assessments on the real property covered by the lease shall be separately levied against the unit
15866 owners having an interest in the lease, with each unit owner for taxation purposes being
15867 considered the owner of a parcel consisting of his undivided condominium interest in the fee of
15868 the real property affected by the lease.

15869 (3) No forfeiture or sale of the improvements or the property as a whole for delinquent
15870 real estate taxes, special assessments, or charges shall divest or in anywise affect the title to an
15871 individual unit if the real estate taxes or duly levied share of the assessments and charges on the
15872 individual unit are currently paid.
15873 (4) Any exemption from taxes that may exist on real property or the ownership of the
15874 property may not be denied by virtue of the submission of the property to this chapter.
15875 (5) Timeshare interests and timeshare estates, as defined in Subsection 57-19-2 (17),
15876 may not be separately taxed but shall be valued, assessed, and taxed at the unit level. The value
15877 of timeshare interests and timeshare estates, for purposes of ad valorem taxation, shall be
15878 determined by valuing the real property interest associated with the timeshare interest or
15879 timeshare estate, exclusive of the value of any intangible property and rights associated with
15880 the acquisition, operation, ownership, and use of the timeshare interest or timeshare estate,
15881 including the fees and costs associated with the sale of timeshare interests and timeshare estates
15882 that exceed those fees and costs normally incurred in the sale of other similar properties, the
15883 fees and costs associated with the operation, ownership, and use of timeshare interests and
15884 timeshare estates, vacation exchange rights, vacation conveniences and services, club
15885 memberships, and any other intangible rights and benefits available to a timeshare unit owner.
15886 Nothing in this section shall be construed as requiring the assessment of any real property
15887 interest associated with a timeshare interest or timeshare estate at less than its fair market
15888 value. Notice of assessment, delinquency, sale, or any other purpose required by law is
15889 considered sufficient for all purposes if the notice is given to the management committee.
15890 Section 413. Section 59-2-102 is amended to read:
15891 59-2-102. Definitions.
15892 As used in this chapter and title:
15893 (1) "Aerial applicator" means aircraft or rotorcraft used exclusively for the purpose of
15894 engaging in dispensing activities directly affecting agriculture or horticulture with an
15895 airworthiness certificate from the Federal Aviation Administration certifying the aircraft or
15896 rotorcraft's use for agricultural and pest control purposes.
15897 (2) "Air charter service" means an air carrier operation which requires the customer to
15898 hire an entire aircraft rather than book passage in whatever capacity is available on a scheduled
15899 trip.

15900 (3) "Air contract service" means an air carrier operation available only to customers
15901 who engage the services of the carrier through a contractual agreement and excess capacity on
15902 any trip and is not available to the public at large.
15903 (4) "Aircraft" is as defined in Section 72-10-102 .
15904 (5) "Airline" means any air carrier operating interstate routes on a scheduled basis
15905 which offers to fly passengers or cargo on the basis of available capacity on regularly scheduled
15906 routes.
15907 (6) "Assessment roll" means a permanent record of the assessment of property as
15908 assessed by the county assessor and the commission and may be maintained manually or as a
15909 computerized file as a consolidated record or as multiple records by type, classification, or
15910 categories.
15911 (7) "Certified revenue levy" means a property tax levy that provides the same amount
15912 of ad valorem property tax revenue as was collected for the prior year, plus new growth, but
15913 exclusive of revenue from collections from redemptions, interest, and penalties.
15914 (8) "County-assessed commercial vehicle" means:
15915 (a) any commercial vehicle, trailer, or semitrailer which is not apportioned under
15916 Section 41-1a-301 and is not operated interstate to transport the vehicle owner's goods or
15917 property in furtherance of the owner's commercial enterprise;
15918 (b) any passenger vehicle owned by a business and used by its employees for
15919 transportation as a company car or vanpool vehicle; and
15920 (c) vehicles which are:
15921 (i) especially constructed for towing or wrecking, and which are not otherwise used to
15922 transport goods, merchandise, or people for compensation;
15923 (ii) used or licensed as taxicabs or limousines;
15924 (iii) used as rental passenger cars, travel trailers, or motor homes;
15925 (iv) used or licensed in this state for use as ambulances or hearses;
15926 (v) especially designed and used for garbage and rubbish collection; or
15927 (vi) used exclusively to transport students or their instructors to or from any private,
15928 public, or religious school or school activities.
15929 (9) (a) Except as provided in Subsection (9)(b), for purposes of Section 59-2-801 ,
15930 "designated tax area" means a tax area created by the overlapping boundaries of only the

15931 following taxing entities:
15932 (i) a county; and
15933 (ii) a school district.
15934 (b) Notwithstanding Subsection (9)(a), "designated tax area" includes a tax area created
15935 by the overlapping boundaries of:
15936 (i) the taxing entities described in Subsection (9)(a); and
15937 (ii) (A) a city or town if the boundaries of the school district under Subsection (9)(a)
15938 and the boundaries of the city or town are identical; or
15939 (B) a special service district if the boundaries of the school district under Subsection
15940 (9)(a) are located entirely within the special service district.
15941 (10) "Eligible judgment" means a final and unappealable judgment or order under
15942 Section 59-2-1330 :
15943 (a) that became a final and unappealable judgment or order no more than 14 months
15944 prior to the day on which the notice required by Subsection 59-2-919 (4) is required to be
15945 mailed; and
15946 (b) for which a taxing entity's share of the final and unappealable judgment or order is
15947 greater than or equal to the lesser of:
15948 (i) $5,000; or
15949 (ii) 2.5% of the total ad valorem property taxes collected by the taxing entity in the
15950 previous fiscal year.
15951 (11) (a) "Escaped property" means any property, whether personal, land, or any
15952 improvements to the property, subject to taxation and is:
15953 (i) inadvertently omitted from the tax rolls, assigned to the incorrect parcel, or assessed
15954 to the wrong taxpayer by the assessing authority;
15955 (ii) undervalued or omitted from the tax rolls because of the failure of the taxpayer to
15956 comply with the reporting requirements of this chapter; or
15957 (iii) undervalued because of errors made by the assessing authority based upon
15958 incomplete or erroneous information furnished by the taxpayer.
15959 (b) Property which is undervalued because of the use of a different valuation
15960 methodology or because of a different application of the same valuation methodology is not
15961 "escaped property."

15962 (12) "Fair market value" means the amount at which property would change hands
15963 between a willing buyer and a willing seller, neither being under any compulsion to buy or sell
15964 and both having reasonable knowledge of the relevant facts. For purposes of taxation, "fair
15965 market value" shall be determined using the current zoning laws applicable to the property in
15966 question, except in cases where there is a reasonable probability of a change in the zoning laws
15967 affecting that property in the tax year in question and the change would have an appreciable
15968 influence upon the value.
15969 (13) "Farm machinery and equipment," for purposes of the exemption provided under
15970 Section 59-2-1101 , means tractors, milking equipment and storage and cooling facilities, feed
15971 handling equipment, irrigation equipment, harvesters, choppers, grain drills and planters, tillage
15972 tools, scales, combines, spreaders, sprayers, haying equipment, and any other machinery or
15973 equipment used primarily for agricultural purposes; but does not include vehicles required to be
15974 registered with the Motor Vehicle Division or vehicles or other equipment used for business
15975 purposes other than farming.
15976 (14) "Geothermal fluid" means water in any form at temperatures greater than 120
15977 degrees centigrade naturally present in a geothermal system.
15978 (15) "Geothermal resource" means:
15979 (a) the natural heat of the earth at temperatures greater than 120 degrees centigrade;
15980 and
15981 (b) the energy, in whatever form, including pressure, present in, resulting from, created
15982 by, or which may be extracted from that natural heat, directly or through a material medium.
15983 (16) (a) "Goodwill" means:
15984 (i) acquired goodwill that is reported as goodwill on the books and records:
15985 (A) of a taxpayer; and
15986 (B) that are maintained for financial reporting purposes; or
15987 (ii) the ability of a business to:
15988 (A) generate income that exceeds a normal rate of return on assets; or
15989 (B) obtain an economic or competitive advantage resulting from:
15990 (I) superior management skills;
15991 (II) reputation;
15992 (III) customer relationships;

15993 (IV) patronage; or
15994 (V) a factor similar to Subsections (16)(a)(ii)(B)(I) through (IV).
15995 (b) "Goodwill" does not include:
15996 (i) the intangible property described in Subsection [(19)] (20)(a) or (b);
15997 (ii) locational attributes of real property, including:
15998 (A) zoning;
15999 (B) location;
16000 (C) view;
16001 (D) a geographic feature;
16002 (E) an easement;
16003 (F) a covenant;
16004 (G) proximity to raw materials;
16005 (H) the condition of surrounding property; or
16006 (I) proximity to markets;
16007 (iii) value attributable to the identification of an improvement to real property,
16008 including:
16009 (A) reputation of the designer, builder, or architect of the improvement;
16010 (B) a name given to, or associated with, the improvement; or
16011 (C) the historic significance of an improvement; or
16012 (iv) the enhancement or assemblage value specifically attributable to the interrelation
16013 of the existing tangible property in place working together as a unit.
16014 (17) "Governing body" means:
16015 (a) for a county, city, or town, the legislative body of the county, city, or town;
16016 (b) for a local district under Title 17B, Limited Purpose Local Government Entities -
16017 Local Districts, the local district's board of trustees;
16018 (c) for a school district, the local board of education; or
16019 (d) for a special service district under Title 17A, Chapter 2, Part 13, Utah Special
16020 Service District Act:
16021 (i) the governing body of the county or municipality that created the special service
16022 district, if no administrative control board has been established under Section 17A-2-1326 ; or
16023 (ii) the administrative control board, if one has been established under Section

16024 17A-2-1326 .
16025 [(17)] (18) (a) For purposes of Section 59-2-103 :
16026 (i) "household" means the association of persons who live in the same dwelling,
16027 sharing its furnishings, facilities, accommodations, and expenses; and
16028 (ii) "household" includes married individuals, who are not legally separated, that have
16029 established domiciles at separate locations within the state.
16030 (b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
16031 commission may make rules defining the term "domicile."
16032 [(18)] (19) (a) Except as provided in Subsection [(18)] (19)(c), "improvement" means a
16033 building, structure, fixture, fence, or other item that is permanently attached to land, regardless
16034 of whether the title has been acquired to the land, if:
16035 (i) (A) attachment to land is essential to the operation or use of the item; and
16036 (B) the manner of attachment to land suggests that the item will remain attached to the
16037 land in the same place over the useful life of the item; or
16038 (ii) removal of the item would:
16039 (A) cause substantial damage to the item; or
16040 (B) require substantial alteration or repair of a structure to which the item is attached.
16041 (b) "Improvement" includes:
16042 (i) an accessory to an item described in Subsection [(18)] (19)(a) if the accessory is:
16043 (A) essential to the operation of the item described in Subsection [(18)] (19)(a); and
16044 (B) installed solely to serve the operation of the item described in Subsection [(18)]
16045 (19)(a); and
16046 (ii) an item described in Subsection [(18)] (19)(a) that:
16047 (A) is temporarily detached from the land for repairs; and
16048 (B) remains located on the land.
16049 (c) Notwithstanding Subsections [(18)] (19)(a) and (b), "improvement" does not
16050 include:
16051 (i) an item considered to be personal property pursuant to rules made in accordance
16052 with Section 59-2-107 ;
16053 (ii) a moveable item that is attached to land:
16054 (A) for stability only; or

16055 (B) for an obvious temporary purpose;
16056 (iii) (A) manufacturing equipment and machinery; or
16057 (B) essential accessories to manufacturing equipment and machinery;
16058 (iv) an item attached to the land in a manner that facilitates removal without substantial
16059 damage to:
16060 (A) the land; or
16061 (B) the item; or
16062 (v) a transportable factory-built housing unit as defined in Section 59-2-1502 if that
16063 transportable factory-built housing unit is considered to be personal property under Section
16064 59-2-1503 .
16065 [(19)] (20) "Intangible property" means:
16066 (a) property that is capable of private ownership separate from tangible property,
16067 including:
16068 (i) moneys;
16069 (ii) credits;
16070 (iii) bonds;
16071 (iv) stocks;
16072 (v) representative property;
16073 (vi) franchises;
16074 (vii) licenses;
16075 (viii) trade names;
16076 (ix) copyrights; and
16077 (x) patents;
16078 (b) a low-income housing tax credit; or
16079 (c) goodwill.
16080 [(20)] (21) "Low-income housing tax credit" means:
16081 (a) a federal low-income housing tax credit under Section 42, Internal Revenue Code;
16082 or
16083 (b) a low-income housing tax credit under:
16084 (i) Section 59-7-607 ; or
16085 (ii) Section 59-10-1010 .

16086 [(21)] (22) "Metalliferous minerals" includes gold, silver, copper, lead, zinc, and
16087 uranium.
16088 [(22)] (23) "Mine" means a natural deposit of either metalliferous or nonmetalliferous
16089 valuable mineral.
16090 [(23)] (24) "Mining" means the process of producing, extracting, leaching, evaporating,
16091 or otherwise removing a mineral from a mine.
16092 [(24)] (25) (a) "Mobile flight equipment" means tangible personal property that is:
16093 (i) owned or operated by an:
16094 (A) air charter service;
16095 (B) air contract service; or
16096 (C) airline; and
16097 (ii) (A) capable of flight;
16098 (B) attached to an aircraft that is capable of flight; or
16099 (C) contained in an aircraft that is capable of flight if the tangible personal property is
16100 intended to be used:
16101 (I) during multiple flights;
16102 (II) during a takeoff, flight, or landing; and
16103 (III) as a service provided by an air charter service, air contract service, or airline.
16104 (b) (i) "Mobile flight equipment" does not include a spare part other than a spare
16105 engine that is rotated:
16106 (A) at regular intervals; and
16107 (B) with an engine that is attached to the aircraft.
16108 (ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
16109 commission may make rules defining the term "regular intervals."
16110 [(25)] (26) "Nonmetalliferous minerals" includes, but is not limited to, oil, gas, coal,
16111 salts, sand, rock, gravel, and all carboniferous materials.
16112 [(26)] (27) "Personal property" includes:
16113 (a) every class of property as defined in Subsection [(27)] (28) which is the subject of
16114 ownership and not included within the meaning of the terms "real estate" and "improvements";
16115 (b) gas and water mains and pipes laid in roads, streets, or alleys;
16116 (c) bridges and ferries;

16117 (d) livestock which, for the purposes of the exemption provided under Section
16118 59-2-1112 , means all domestic animals, honeybees, poultry, fur-bearing animals, and fish; and
16119 (e) outdoor advertising structures as defined in Section 72-7-502 .
16120 [(27)] (28) (a) "Property" means property that is subject to assessment and taxation
16121 according to its value.
16122 (b) "Property" does not include intangible property as defined in this section.
16123 [(28)] (29) "Public utility," for purposes of this chapter, means the operating property
16124 of a railroad, gas corporation, oil or gas transportation or pipeline company, coal slurry pipeline
16125 company, electrical corporation, telephone corporation, sewerage corporation, or heat
16126 corporation where the company performs the service for, or delivers the commodity to, the
16127 public generally or companies serving the public generally, or in the case of a gas corporation
16128 or an electrical corporation, where the gas or electricity is sold or furnished to any member or
16129 consumers within the state for domestic, commercial, or industrial use. Public utility also
16130 means the operating property of any entity or person defined under Section 54-2-1 except water
16131 corporations.
16132 [(29)] (30) "Real estate" or "real property" includes:
16133 (a) the possession of, claim to, ownership of, or right to the possession of land;
16134 (b) all mines, minerals, and quarries in and under the land, all timber belonging to
16135 individuals or corporations growing or being on the lands of this state or the United States, and
16136 all rights and privileges appertaining to these; and
16137 (c) improvements.
16138 [(30)] (31) "Residential property," for the purposes of the reductions and adjustments
16139 under this chapter, means any property used for residential purposes as a primary residence. It
16140 does not include property used for transient residential use or condominiums used in rental
16141 pools.
16142 [(31)] (32) For purposes of Subsection 59-2-801 (1)(e), "route miles" means the number
16143 of miles calculated by the commission that is:
16144 (a) measured in a straight line by the commission; and
16145 (b) equal to the distance between a geographical location that begins or ends:
16146 (i) at a boundary of the state; and
16147 (ii) where an aircraft:

16148 (A) takes off; or
16149 (B) lands.
16150 [(32)] (33) (a) "State-assessed commercial vehicle" means:
16151 (i) any commercial vehicle, trailer, or semitrailer which operates interstate or intrastate
16152 to transport passengers, freight, merchandise, or other property for hire; or
16153 (ii) any commercial vehicle, trailer, or semitrailer which operates interstate and
16154 transports the vehicle owner's goods or property in furtherance of the owner's commercial
16155 enterprise.
16156 (b) "State-assessed commercial vehicle" does not include vehicles used for hire which
16157 are specified in Subsection (8)(c) as county-assessed commercial vehicles.
16158 [(33)] (34) "Taxable value" means fair market value less any applicable reduction
16159 allowed for residential property under Section 59-2-103 .
16160 [(34)] (35) "Tax area" means a geographic area created by the overlapping boundaries
16161 of one or more taxing entities.
16162 [(35)] (36) "Taxing entity" means any county, city, town, school district, special taxing
16163 district, local district under Title 17B, Limited Purpose Local Government Entities - Local
16164 Districts, or [any] other political subdivision of the state with the authority to levy a tax on
16165 property.
16166 [(36)] (37) "Tax roll" means a permanent record of the taxes charged on property, as
16167 extended on the assessment roll and may be maintained on the same record or records as the
16168 assessment roll or may be maintained on a separate record properly indexed to the assessment
16169 roll. It includes tax books, tax lists, and other similar materials.
16170 Section 414. Section 59-2-912 is amended to read:
16171 59-2-912. Time for adoption of levy -- Certification to county auditor.
16172 (1) The [county legislative] governing body of each taxing entity shall[,]:
16173 (a) before June 22 of each year, adopt a proposed or, if the tax rate is not more than the
16174 certified tax rate, a final tax rate for the taxing entity[. The county legislative body shall]; and
16175 (b) report the rate and levy, and submit the statement required under Section 59-2-913
16176 and any other information prescribed by rules of the commission for the preparation, review,
16177 and certification of the rate, to the county auditor of the county in which the taxing entity is
16178 located.

16179 (2) (a) If the [county legislative] governing body of any taxing entity fails to comply
16180 with [this section,] Subsection (1), the [county executive] auditor of the county in which the
16181 taxing entity is located shall notify the taxing entity by certified mail of the deficiency and
16182 forward all available documentation to the commission. [The]
16183 (b) Upon receipt of the notice and documentation from the county auditor under
16184 Subsection (2)(a), the commission shall hold a hearing on the matter and certify an appropriate
16185 rate.
16186 Section 415. Section 59-2-511 is amended to read:
16187 59-2-511. Acquisition of land by governmental entity -- Requirements -- Rollback
16188 tax -- One-time in lieu fee payment -- Passage of title.
16189 (1) For purposes of this section, "governmental entity" means:
16190 (a) the United States;
16191 (b) the state;
16192 (c) a political subdivision of the state, including:
16193 (i) a county;
16194 (ii) a city;
16195 (iii) a town;
16196 (iv) a school district; [or]
16197 (v) a [special] local district; or
16198 (vi) a special service district; or
16199 (d) an entity created by the state or the United States, including:
16200 (i) an agency;
16201 (ii) a board;
16202 (iii) a bureau;
16203 (iv) a commission;
16204 (v) a committee;
16205 (vi) a department;
16206 (vii) a division;
16207 (viii) an institution;
16208 (ix) an instrumentality; or
16209 (x) an office.

16210 (2) (a) Except as provided in Subsections (3) and (4), land acquired by a governmental
16211 entity is subject to the rollback tax imposed by this part if:
16212 (i) prior to the governmental entity acquiring the land, the land is assessed under this
16213 part; and
16214 (ii) after the governmental entity acquires the land, the land does not meet the
16215 requirements of Section 59-2-503 for assessment under this part.
16216 (b) A person dedicating a public right-of-way to a governmental entity shall pay the
16217 rollback tax imposed by this part if:
16218 (i) a portion of the public right-of-way is located within a subdivision as defined in
16219 Section 10-9a-103 ; or
16220 (ii) in exchange for the dedication, the person dedicating the public right-of-way
16221 receives:
16222 (A) money; or
16223 (B) other consideration.
16224 (3) (a) Except as provided in Subsection (4), land acquired by a governmental entity is
16225 not subject to the rollback tax imposed by this part, but is subject to a one-time in lieu fee
16226 payment as provided in Subsection (3)(b), if:
16227 (i) the governmental entity acquires the land by eminent domain;
16228 (ii) (A) the land is under the threat or imminence of eminent domain proceedings; and
16229 (B) the governmental entity provides written notice of the proceedings to the owner; or
16230 (iii) the land is donated to the governmental entity.
16231 (b) (i) If a governmental entity acquires land under Subsection (3)(a)(iii), the
16232 governmental entity shall make a one-time in lieu fee payment:
16233 (A) to the county treasurer of the county in which the land is located; and
16234 (B) in an amount equal to the amount of rollback tax calculated under Section
16235 59-2-506 .
16236 (ii) If a governmental entity acquires land under Subsection (3)(a)(i) or (3)(a)(ii), the
16237 governmental entity shall make a one-time in lieu fee payment:
16238 (A) to the county treasurer of the county in which the land is located; and
16239 (B) (I) if the land remaining after the acquisition by the governmental entity meets the
16240 requirements of Section 59-2-503 , in an amount equal to the rollback tax under Section

16241 59-2-506 on the land acquired by the governmental entity; or
16242 (II) if the land remaining after the acquisition by the governmental entity is less than
16243 five acres, in an amount equal to the rollback tax under Section 59-2-506 on the land acquired
16244 by the governmental entity and the land remaining after the acquisition by the governmental
16245 entity.
16246 (iii) For purposes of Subsection (3)(b)(ii), "land remaining after the acquisition by the
16247 governmental entity" includes other eligible acreage that is used in conjunction with the land
16248 remaining after the acquisition by the governmental entity.
16249 (c) A county receiving an in lieu fee payment under Subsection (3)(b) shall distribute
16250 the revenues generated by the payment:
16251 (i) to the taxing entities in which the land is located; and
16252 (ii) in the same proportion as the revenue from real property taxes is distributed.
16253 (4) Except as provided in Section 59-2-506.5 , if land acquired by a governmental entity
16254 is made subject to a conservation easement in accordance with Section 59-2-506.5 :
16255 (a) the land is not subject to the rollback tax imposed by this part; and
16256 (b) the governmental entity acquiring the land is not required to make an in lieu fee
16257 payment under Subsection (3)(b).
16258 (5) If a governmental entity acquires land subject to assessment under this part, title to
16259 the land may not pass to the governmental entity until the following are paid to the county
16260 treasurer:
16261 (a) any tax due under this part;
16262 (b) any one-time in lieu fee payment due under this part; and
16263 (c) any interest due under this part.
16264 Section 416. Section 59-2-924 is amended to read:
16265 59-2-924. Report of valuation of property to county auditor and commission --
16266 Transmittal by auditor to governing bodies -- Certified tax rate -- Calculation of certified
16267 tax rate -- Rulemaking authority -- Adoption of tentative budget.
16268 (1) (a) Before June 1 of each year, the county assessor of each county shall deliver to
16269 the county auditor and the commission the following statements:
16270 (i) a statement containing the aggregate valuation of all taxable property in each taxing
16271 entity; and

16272 (ii) a statement containing the taxable value of any additional personal property
16273 estimated by the county assessor to be subject to taxation in the current year.
16274 (b) The county auditor shall, on or before June 8, transmit to the governing body of
16275 each taxing entity:
16276 (i) the statements described in Subsections (1)(a)(i) and (ii);
16277 (ii) an estimate of the revenue from personal property;
16278 (iii) the certified tax rate; and
16279 (iv) all forms necessary to submit a tax levy request.
16280 (2) (a) (i) The "certified tax rate" means a tax rate that will provide the same ad
16281 valorem property tax revenues for a taxing entity as were budgeted by that taxing entity for the
16282 prior year.
16283 (ii) For purposes of this Subsection (2), "ad valorem property tax revenues" do not
16284 include:
16285 (A) collections from redemptions;
16286 (B) interest; and
16287 (C) penalties.
16288 (iii) (A) Except as provided in Subsection (2)(a)(v), the certified tax rate shall be
16289 calculated by dividing the ad valorem property tax revenues budgeted for the prior year by the
16290 taxing entity by the amount calculated under Subsection (2)(a)(iii)(B).
16291 (B) For purposes of Subsection (2)(a)(iii)(A), the legislative body of a taxing entity
16292 shall calculate an amount as follows:
16293 (I) calculate for the taxing entity the difference between:
16294 (Aa) the aggregate taxable value of all property taxed; and
16295 (Bb) any redevelopment adjustments for the current calendar year;
16296 (II) after making the calculation required by Subsection (2)(a)(iii)(B)(I), calculate an
16297 amount determined by increasing or decreasing the amount calculated under Subsection
16298 (2)(a)(iii)(B)(I) by the average of the percentage net change in the value of taxable property for
16299 the equalization period for the three calendar years immediately preceding the current calendar
16300 year;
16301 (III) after making the calculation required by Subsection (2)(a)(iii)(B)(II), calculate the
16302 product of:

16303 (Aa) the amount calculated under Subsection (2)(a)(iii)(B)(II); and
16304 (Bb) the percentage of property taxes collected for the five calendar years immediately
16305 preceding the current calendar year; and
16306 (IV) after making the calculation required by Subsection (2)(a)(iii)(B)(III), calculate an
16307 amount determined by subtracting from the amount calculated under Subsection
16308 (2)(a)(iii)(B)(III) any new growth as defined in this section:
16309 (Aa) within the taxing entity; and
16310 (Bb) for the current calendar year.
16311 (C) For purposes of Subsection (2)(a)(iii)(B)(I), the aggregate taxable value of all
16312 property taxed includes:
16313 (I) the total taxable value of the real and personal property contained on the tax rolls;
16314 and
16315 (II) the taxable value of any additional personal property estimated by the county
16316 assessor to be subject to taxation in the current year.
16317 (D) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
16318 the commission may prescribe rules for calculating redevelopment adjustments for a calendar
16319 year.
16320 (iv) (A) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
16321 Act, the commission shall make rules determining the calculation of ad valorem property tax
16322 revenues budgeted by a taxing entity.
16323 (B) For purposes of Subsection (2)(a)(iv)(A), ad valorem property tax revenues
16324 budgeted by a taxing entity shall be calculated in the same manner as budgeted property tax
16325 revenues are calculated for purposes of Section 59-2-913 .
16326 (v) The certified tax rates for the taxing entities described in this Subsection (2)(a)(v)
16327 shall be calculated as follows:
16328 (A) except as provided in Subsection (2)(a)(v)(B), for new taxing entities the certified
16329 tax rate is zero;
16330 (B) for each municipality incorporated on or after July 1, 1996, the certified tax rate is:
16331 (I) in a county of the first, second, or third class, the levy imposed for municipal-type
16332 services under Sections 17-34-1 and 17-36-9 ; and
16333 (II) in a county of the fourth, fifth, or sixth class, the levy imposed for general county

16334 purposes and such other levies imposed solely for the municipal-type services identified in
16335 Section 17-34-1 and Subsection 17-36-3 (22); and
16336 (C) for debt service voted on by the public, the certified tax rate shall be the actual levy
16337 imposed by that section, except that the certified tax rates for the following levies shall be
16338 calculated in accordance with Section 59-2-913 and this section:
16339 (I) school leeways provided for under Sections 11-2-7 , 53A-16-110 , 53A-17a-125 ,
16340 53A-17a-127 , 53A-17a-133 , 53A-17a-134 , 53A-17a-143 , 53A-17a-145 , and 53A-21-103 ; and
16341 (II) levies to pay for the costs of state legislative mandates or judicial or administrative
16342 orders under Section 59-2-906.3 .
16343 (vi) (A) A judgment levy imposed under Section 59-2-1328 or 59-2-1330 shall be
16344 established at that rate which is sufficient to generate only the revenue required to satisfy one or
16345 more eligible judgments, as defined in Section 59-2-102 .
16346 (B) The ad valorem property tax revenue generated by the judgment levy shall not be
16347 considered in establishing the taxing entity's aggregate certified tax rate.
16348 (b) (i) For the purpose of calculating the certified tax rate, the county auditor shall use
16349 the taxable value of property on the assessment roll.
16350 (ii) For purposes of Subsection (2)(b)(i), the taxable value of property on the
16351 assessment roll does not include new growth as defined in Subsection (2)(b)(iii).
16352 (iii) "New growth" means:
16353 (A) the difference between the increase in taxable value of the taxing entity from the
16354 previous calendar year to the current year; minus
16355 (B) the amount of an increase in taxable value described in Subsection (2)(b)(iv).
16356 (iv) Subsection (2)(b)(iii)(B) applies to the following increases in taxable value:
16357 (A) the amount of increase to locally assessed real property taxable values resulting
16358 from factoring, reappraisal, or any other adjustments; or
16359 (B) the amount of an increase in the taxable value of property assessed by the
16360 commission under Section 59-2-201 resulting from a change in the method of apportioning the
16361 taxable value prescribed by:
16362 (I) the Legislature;
16363 (II) a court;
16364 (III) the commission in an administrative rule; or

16365 (IV) the commission in an administrative order.
16366 (c) Beginning January 1, 1997, if a taxing entity receives increased revenues from
16367 uniform fees on tangible personal property under Section 59-2-404 , 59-2-405 , 59-2-405.1 ,
16368 59-2-405.2 , or 59-2-405.3 as a result of any county imposing a sales and use tax under Chapter
16369 12, Part 11, County Option Sales and Use Tax, the taxing entity shall decrease its certified tax
16370 rate to offset the increased revenues.
16371 (d) (i) Beginning July 1, 1997, if a county has imposed a sales and use tax under
16372 Chapter 12, Part 11, County Option Sales and Use Tax, the county's certified tax rate shall be:
16373 (A) decreased on a one-time basis by the amount of the estimated sales and use tax
16374 revenue to be distributed to the county under Subsection 59-12-1102 (3); and
16375 (B) increased by the amount necessary to offset the county's reduction in revenue from
16376 uniform fees on tangible personal property under Section 59-2-404 , 59-2-405 , 59-2-405.1 ,
16377 59-2-405.2 , or 59-2-405.3 as a result of the decrease in the certified tax rate under Subsection
16378 (2)(d)(i)(A).
16379 (ii) The commission shall determine estimates of sales and use tax distributions for
16380 purposes of Subsection (2)(d)(i).
16381 (e) Beginning January 1, 1998, if a municipality has imposed an additional resort
16382 communities sales tax under Section 59-12-402 , the municipality's certified tax rate shall be
16383 decreased on a one-time basis by the amount necessary to offset the first 12 months of
16384 estimated revenue from the additional resort communities sales and use tax imposed under
16385 Section 59-12-402 .
16386 (f) For the calendar year beginning on January 1, 1999, and ending on December 31,
16387 1999, a taxing entity's certified tax rate shall be adjusted by the amount necessary to offset the
16388 adjustment in revenues from uniform fees on tangible personal property under Section
16389 59-2-405.1 as a result of the adjustment in uniform fees on tangible personal property under
16390 Section 59-2-405.1 enacted by the Legislature during the 1998 Annual General Session.
16391 (g) For purposes of Subsections (2)(h) through (j):
16392 (i) "1998 actual collections" means the amount of revenues a taxing entity actually
16393 collected for the calendar year beginning on January 1, 1998, under Section 59-2-405 for:
16394 (A) motor vehicles required to be registered with the state that weigh 12,000 pounds or
16395 less; and

16396 (B) state-assessed commercial vehicles required to be registered with the state that
16397 weigh 12,000 pounds or less.
16398 (ii) "1999 actual collections" means the amount of revenues a taxing entity actually
16399 collected for the calendar year beginning on January 1, 1999, under Section 59-2-405.1 .
16400 (h) For the calendar year beginning on January 1, 2000, the commission shall make the
16401 following adjustments:
16402 (i) the commission shall make the adjustment described in Subsection (2)(i)(i) if, for
16403 the calendar year beginning on January 1, 1999, a taxing entity's 1998 actual collections were
16404 greater than the sum of:
16405 (A) the taxing entity's 1999 actual collections; and
16406 (B) any adjustments the commission made under Subsection (2)(f);
16407 (ii) the commission shall make the adjustment described in Subsection (2)(i)(ii) if, for
16408 the calendar year beginning on January 1, 1999, a taxing entity's 1998 actual collections were
16409 greater than the taxing entity's 1999 actual collections, but the taxing entity's 1998 actual
16410 collections were less than the sum of:
16411 (A) the taxing entity's 1999 actual collections; and
16412 (B) any adjustments the commission made under Subsection (2)(f); and
16413 (iii) the commission shall make the adjustment described in Subsection (2)(i)(iii) if, for
16414 the calendar year beginning on January 1, 1999, a taxing entity's 1998 actual collections were
16415 less than the taxing entity's 1999 actual collections.
16416 (i) (i) For purposes of Subsection (2)(h)(i), the commission shall increase a taxing
16417 entity's certified tax rate under this section and a taxing entity's certified revenue levy under
16418 Section 59-2-906.1 by the amount necessary to offset the difference between:
16419 (A) the taxing entity's 1998 actual collections; and
16420 (B) the sum of:
16421 (I) the taxing entity's 1999 actual collections; and
16422 (II) any adjustments the commission made under Subsection (2)(f).
16423 (ii) For purposes of Subsection (2)(h)(ii), the commission shall decrease a taxing
16424 entity's certified tax rate under this section and a taxing entity's certified revenue levy under
16425 Section 59-2-906.1 by the amount necessary to offset the difference between:
16426 (A) the sum of:

16427 (I) the taxing entity's 1999 actual collections; and
16428 (II) any adjustments the commission made under Subsection (2)(f); and
16429 (B) the taxing entity's 1998 actual collections.
16430 (iii) For purposes of Subsection (2)(h)(iii), the commission shall decrease a taxing
16431 entity's certified tax rate under this section and a taxing entity's certified revenue levy under
16432 Section 59-2-906.1 by the amount of any adjustments the commission made under Subsection
16433 (2)(f).
16434 (j) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, for
16435 purposes of Subsections (2)(f) through (i), the commission may make rules establishing the
16436 method for determining a taxing entity's 1998 actual collections and 1999 actual collections.
16437 (k) (i) (A) For fiscal year 2000, the certified tax rate of each county required under
16438 Subsection 17-34-1 (4)(a) to provide advanced life support and paramedic services to the
16439 unincorporated area of the county shall be decreased by the amount necessary to reduce
16440 revenues in that fiscal year by an amount equal to the difference between the amount the county
16441 budgeted in its 2000 fiscal year budget for advanced life support and paramedic services
16442 countywide and the amount the county spent during fiscal year 2000 for those services,
16443 excluding amounts spent from a municipal services fund for those services.
16444 (B) For fiscal year 2001, the certified tax rate of each county to which Subsection
16445 (2)(k)(i)(A) applies shall be decreased by the amount necessary to reduce revenues in that fiscal
16446 year by the amount that the county spent during fiscal year 2000 for advanced life support and
16447 paramedic services countywide, excluding amounts spent from a municipal services fund for
16448 those services.
16449 (ii) (A) A city or town located within a county of the first class to which Subsection
16450 (2)(k)(i) applies may increase its certified tax rate by the amount necessary to generate within
16451 the city or town the same amount of revenues as the county would collect from that city or
16452 town if the decrease under Subsection (2)(k)(i) did not occur.
16453 (B) An increase under Subsection (2)(k)(ii)(A), whether occurring in a single fiscal
16454 year or spread over multiple fiscal years, is not subject to the notice and hearing requirements
16455 of Sections 59-2-918 and 59-2-919 .
16456 (l) (i) The certified tax rate of each county required under Subsection 17-34-1 (4)(b) to
16457 provide detective investigative services to the unincorporated area of the county shall be

16458 decreased:
16459 (A) in fiscal year 2001 by the amount necessary to reduce revenues in that fiscal year
16460 by at least $4,400,000; and
16461 (B) in fiscal year 2002 by the amount necessary to reduce revenues in that fiscal year
16462 by an amount equal to the difference between $9,258,412 and the amount of the reduction in
16463 revenues under Subsection (2)(l)(i)(A).
16464 (ii) (A) (I) Beginning with municipal fiscal year 2002, a city or town located within a
16465 county to which Subsection (2)(l)(i) applies may increase its certified tax rate to generate
16466 within the city or town the same amount of revenue as the county would have collected during
16467 county fiscal year 2001 from within the city or town except for Subsection (2)(l)(i)(A).
16468 (II) Beginning with municipal fiscal year 2003, a city or town located within a county
16469 to which Subsection (2)(l)(i) applies may increase its certified tax rate to generate within the
16470 city or town the same amount of revenue as the county would have collected during county
16471 fiscal year 2002 from within the city or town except for Subsection (2)(l)(i)(B).
16472 (B) (I) Except as provided in Subsection (2)(l)(ii)(B)(II), an increase in the city or
16473 town's certified tax rate under Subsection (2)(l)(ii)(A), whether occurring in a single fiscal year
16474 or spread over multiple fiscal years, is subject to the notice and hearing requirements of
16475 Sections 59-2-918 and 59-2-919 .
16476 (II) For an increase under this Subsection (2)(l)(ii) that generates revenue that does not
16477 exceed the same amount of revenue as the county would have collected except for Subsection
16478 (2)(l)(i), the requirements of Sections 59-2-918 and 59-2-919 do not apply if the city or town:
16479 (Aa) publishes a notice that meets the size, type, placement, and frequency
16480 requirements of Section 59-2-919 , reflects that the increase is a shift of a tax from one imposed
16481 by the county to one imposed by the city or town, and explains how the revenues from the tax
16482 increase will be used; and
16483 (Bb) holds a public hearing on the tax shift that may be held in conjunction with the
16484 city or town's regular budget hearing.
16485 (m) (i) This Subsection (2)(m) applies to each county that:
16486 (A) establishes a countywide special service district under Title 17A, Chapter 2, Part
16487 13, Utah Special Service District Act, to provide jail service, as provided in Subsection
16488 17A-2-1304 (1)(a)(x); and

16489 (B) levies a property tax on behalf of the special service district under Section
16490 17A-2-1322 .
16491 (ii) (A) The certified tax rate of each county to which this Subsection (2)(m) applies
16492 shall be decreased by the amount necessary to reduce county revenues by the same amount of
16493 revenues that will be generated by the property tax imposed on behalf of the special service
16494 district.
16495 (B) Each decrease under Subsection (2)(m)(ii)(A) shall occur contemporaneously with
16496 the levy on behalf of the special service district under Section 17A-2-1322 .
16497 (n) (i) As used in this Subsection (2)(n):
16498 (A) "Annexing county" means a county whose unincorporated area is included within a
16499 fire district by annexation.
16500 (B) "Annexing municipality" means a municipality whose area is included within a fire
16501 district by annexation.
16502 (C) "Equalized fire protection tax rate" means the tax rate that results from:
16503 (I) calculating, for each participating county and each participating municipality, the
16504 property tax revenue necessary to cover all of the costs associated with providing fire
16505 protection, paramedic, and emergency services:
16506 (Aa) for a participating county, in the unincorporated area of the county; and
16507 (Bb) for a participating municipality, in the municipality; and
16508 (II) adding all the amounts calculated under Subsection (2)(n)(i)(C)(I) for all
16509 participating counties and all participating municipalities and then dividing that sum by the
16510 aggregate taxable value of the property, as adjusted in accordance with Section 59-2-913 :
16511 (Aa) for participating counties, in the unincorporated area of all participating counties;
16512 and
16513 (Bb) for participating municipalities, in all the participating municipalities.
16514 (D) "Fire district" means a [county] service area under Title [17A] 17B, Chapter [2] 2a,
16515 Part [4, County] 9, Service Area Act, in the creation of which an election was not required
16516 under Subsection [ 17B-2-214 ] 17B-1-214 (3)(c).
16517 (E) "Fire protection tax rate" means:
16518 (I) for an annexing county, the property tax rate that, when applied to taxable property
16519 in the unincorporated area of the county, generates enough property tax revenue to cover all the

16520 costs associated with providing fire protection, paramedic, and emergency services in the
16521 unincorporated area of the county; and
16522 (II) for an annexing municipality, the property tax rate that generates enough property
16523 tax revenue in the municipality to cover all the costs associated with providing fire protection,
16524 paramedic, and emergency services in the municipality.
16525 (F) "Participating county" means a county whose unincorporated area is included
16526 within a fire district at the time of the creation of the fire district.
16527 (G) "Participating municipality" means a municipality whose area is included within a
16528 fire district at the time of the creation of the fire district.
16529 (ii) In the first year following creation of a fire district, the certified tax rate of each
16530 participating county and each participating municipality shall be decreased by the amount of
16531 the equalized fire protection tax rate.
16532 (iii) In the first year following annexation to a fire district, the certified tax rate of each
16533 annexing county and each annexing municipality shall be decreased by the fire protection tax
16534 rate.
16535 (iv) Each tax levied under this section by a fire district shall be considered to be levied
16536 by:
16537 (A) each participating county and each annexing county for purposes of the county's
16538 tax limitation under Section 59-2-908 ; and
16539 (B) each participating municipality and each annexing municipality for purposes of the
16540 municipality's tax limitation under Section 10-5-112 , for a town, or Section 10-6-133 , for a
16541 city.
16542 (3) (a) On or before June 22, each taxing entity shall annually adopt a tentative budget.
16543 (b) If the taxing entity intends to exceed the certified tax rate, it shall notify the county
16544 auditor of:
16545 (i) its intent to exceed the certified tax rate; and
16546 (ii) the amount by which it proposes to exceed the certified tax rate.
16547 (c) The county auditor shall notify all property owners of any intent to exceed the
16548 certified tax rate in accordance with Subsection 59-2-919 (2).
16549 (4) (a) The taxable value for the base year under Subsection 17C-1-102 (6) shall be
16550 reduced for any year to the extent necessary to provide a community development and renewal

16551 agency established under Title 17C, Limited Purpose Local Government Entities - Community
16552 Development and Renewal Agencies, with approximately the same amount of money the
16553 agency would have received without a reduction in the county's certified tax rate if:
16554 (i) in that year there is a decrease in the certified tax rate under Subsection (2)(c) or
16555 (2)(d)(i);
16556 (ii) the amount of the decrease is more than 20% of the county's certified tax rate of the
16557 previous year; and
16558 (iii) the decrease results in a reduction of the amount to be paid to the agency under
16559 Section 17C-1-403 or 17C-1-404 .
16560 (b) The base taxable value under Subsection 17C-1-102 (6) shall be increased in any
16561 year to the extent necessary to provide a community development and renewal agency with
16562 approximately the same amount of money as the agency would have received without an
16563 increase in the certified tax rate that year if:
16564 (i) in that year the base taxable value under Subsection 17C-1-102 (6) is reduced due to
16565 a decrease in the certified tax rate under Subsection (2)(c) or (2)(d)(i); and
16566 (ii) The certified tax rate of a city, school district, [or special] local district, or special
16567 district increases independent of the adjustment to the taxable value of the base year.
16568 (c) Notwithstanding a decrease in the certified tax rate under Subsection (2)(c) or
16569 (2)(d)(i), the amount of money allocated and, when collected, paid each year to a community
16570 development and renewal agency established under Title 17C, Limited Purpose Local
16571 Government Entities - Community Development and Renewal Agencies, for the payment of
16572 bonds or other contract indebtedness, but not for administrative costs, may not be less than that
16573 amount would have been without a decrease in the certified tax rate under Subsection (2)(c) or
16574 (2)(d)(i).
16575 Section 417. Section 59-2-1101 is amended to read:
16576 59-2-1101. Exemption of certain property -- Proportional payments for certain
16577 property -- County legislative body authority to adopt rules or ordinances.
16578 (1) For purposes of this section:
16579 (a) "exclusive use exemption" means a property tax exemption under Subsection
16580 (3)(d), for property owned by a nonprofit entity that is used exclusively for religious, charitable,
16581 or educational purposes;

16582 (b) "government exemption" means a property tax exemption provided under
16583 Subsection (3)(a), (b), or (c); and
16584 (c) "tax relief" means an exemption, deferral, or abatement that is authorized by this
16585 part.
16586 (2) (a) Except as provided in Subsection (2)(b) or (c), tax relief may be allowed only if
16587 the claimant is the owner of the property as of January 1 of the year the exemption is claimed.
16588 (b) Notwithstanding Subsection (2)(a), a claimant shall collect and pay a proportional
16589 tax based upon the length of time that the property was not owned by the claimant if:
16590 (i) the claimant is a federal, state, or political subdivision entity described in
16591 Subsection (3)(a), (b), or (c); or
16592 (ii) pursuant to Subsection (3)(d):
16593 (A) the claimant is a nonprofit entity; and
16594 (B) the property is used exclusively for religious, charitable, or educational purposes.
16595 (c) Notwithstanding Subsection (2)(a), a claimant may be allowed a veteran's
16596 exemption in accordance with Sections 59-2-1104 and 59-2-1105 regardless of whether the
16597 claimant is the owner of the property as of January 1 of the year the exemption is claimed if the
16598 claimant is:
16599 (i) the unmarried surviving spouse of:
16600 (A) a deceased disabled veteran as defined in Section 59-2-1104 ; or
16601 (B) a veteran who was killed in action or died in the line of duty as defined in Section
16602 59-2-1104; or
16603 (ii) a minor orphan of:
16604 (A) a deceased disabled veteran as defined in Section 59-2-1104 ; or
16605 (B) a veteran who was killed in action or died in the line of duty as defined in Section
16606 59-2-1104 .
16607 (3) The following property is exempt from taxation:
16608 (a) property exempt under the laws of the United States;
16609 (b) property of:
16610 (i) the state;
16611 (ii) school districts; and
16612 (iii) public libraries;

16613 (c) except as provided in Title 11, Chapter 13, Interlocal Cooperation Act, property of:
16614 (i) counties;
16615 (ii) cities;
16616 (iii) towns;
16617 (iv) [special] local districts; [and]
16618 (v) special service districts; and
16619 [(v)] (vi) all other political subdivisions of the state;
16620 (d) property owned by a nonprofit entity which is used exclusively for religious,
16621 charitable, or educational purposes;
16622 (e) places of burial not held or used for private or corporate benefit;
16623 (f) farm equipment and machinery;
16624 (g) intangible property; and
16625 (h) the ownership interest of an out-of-state public agency, as defined in Section
16626 11-13-103 :
16627 (i) if that ownership interest is in property providing additional project capacity, as
16628 defined in Section 11-13-103 ; and
16629 (ii) on which a fee in lieu of ad valorem property tax is payable under Section
16630 11-13-302 .
16631 (4) Subject to Subsection (5), if property that is allowed an exclusive use exemption or
16632 a government exemption ceases to qualify for the exemption because of a change in the
16633 ownership of the property:
16634 (a) the new owner of the property shall pay a proportional tax based upon the period of
16635 time:
16636 (i) beginning on the day that the new owner acquired the property; and
16637 (ii) ending on the last day of the calendar year during which the new owner acquired
16638 the property; and
16639 (b) the new owner of the property and the person from whom the new owner acquires
16640 the property shall notify the county assessor, in writing, of the change in ownership of the
16641 property within 30 days from the day that the new owner acquires the property.
16642 (5) Notwithstanding Subsection (4)(a), the proportional tax described in Subsection
16643 (4)(a):

16644 (a) is subject to any exclusive use exemption or government exemption that the
16645 property is entitled to under the new ownership of the property; and
16646 (b) applies only to property that is acquired after December 31, 2005.
16647 (6) A county legislative body may adopt rules or ordinances to:
16648 (a) effectuate the exemptions, deferrals, abatements, or other relief from taxation
16649 provided in this part; and
16650 (b) designate one or more persons to perform the functions given the county under this
16651 part.
16652 Section 418. Section 59-12-501 is amended to read:
16653 59-12-501. Public transit tax -- Base -- Rate -- Voter approval.
16654 (1) (a) (i) In addition to other sales and use taxes, any county, city, or town within a
16655 transit district organized under Title [17A] 17B, Chapter [2] 2a, Part [10, Utah] 8, Public
16656 Transit District Act, may impose a sales and use tax of up to .25% on the transactions described
16657 in Subsection 59-12-103 (1) located within the county, city, or town, to fund a public
16658 transportation system.
16659 (ii) Notwithstanding Subsection (1)(a)(i), a county, city, or town may not impose a tax
16660 under this section on:
16661 (A) the sales and uses described in Section 59-12-104 to the extent the sales and uses
16662 are exempt from taxation under Section 59-12-104 ; and
16663 (B) any amounts paid or charged by a seller that collects a tax under Subsection
16664 59-12-107 (1)(b).
16665 (b) For purposes of this Subsection (1), the location of a transaction shall be
16666 determined in accordance with Section 59-12-207 .
16667 (c) (i) A county, city, or town may impose a tax under this section only if the governing
16668 body of the county, city, or town, by resolution, submits the proposal to all the qualified voters
16669 within the county, city, or town for approval at a general or special election conducted in the
16670 manner provided by statute.
16671 (ii) An election under Subsection [ 17B-2-512 ] 17B-1-412 (3)(a)(ii) approving the
16672 annexation of an area to a public transit district or local district and approving for that annexed
16673 area the sales and use tax authorized by this section satisfies the election requirement of
16674 Subsection (1)(c)(i) for the area to be annexed to the public transit district or local district.

16675 (2) (a) If only a portion of a county is included within a public transit district, the
16676 proposal may be submitted only to the qualified voters residing within the boundaries of the
16677 proposed or existing public transit district.
16678 (b) Notice of any such election shall be given by the county, city, or town governing
16679 body 15 days in advance in the manner prescribed by statute.
16680 (c) If a majority of the voters voting in such election approve the proposal, it shall
16681 become effective on the date provided by the county, city, or town governing body.
16682 (3) This section may not be construed to require an election in jurisdictions where
16683 voters have previously approved a public transit sales or use tax.
16684 Section 419. Section 59-12-502 is amended to read:
16685 59-12-502. Additional public transit tax for expanded system and fixed guideway
16686 and interstate improvements -- Base -- Rate -- Voter approval.
16687 (1) (a) (i) In addition to other sales and use taxes, including the public transit district tax
16688 authorized by Section 59-12-501 , a county, city, or town within a transit district organized
16689 under Title [17A] 17B, Chapter [2] 2a, Part [10, Utah] 8, Public Transit District Act, may
16690 impose a sales and use tax of .25% on the transactions described in Subsection 59-12-103 (1)
16691 located within the county, city, or town, to fund a fixed guideway and expanded public
16692 transportation system.
16693 (ii) Notwithstanding Subsection (1)(a)(i), a county, city, or town may not impose a tax
16694 under this section on:
16695 (A) the sales and uses described in Section 59-12-104 to the extent the sales and uses
16696 are exempt from taxation under Section 59-12-104 ; and
16697 (B) any amounts paid or charged by a seller that collects a tax under Subsection
16698 59-12-107 (1)(b).
16699 (b) For purposes of this Subsection (1), the location of a transaction shall be
16700 determined in accordance with Section 59-12-207 .
16701 (c) (i) A county, city, or town may impose the tax under this section only if the
16702 governing body of the county, city, or town submits, by resolution, the proposal to all the
16703 qualified voters within the county, city, or town for approval at a general or special election
16704 conducted in the manner provided by statute.
16705 (ii) Notice of the election under Subsection (1)(c)(i) shall be given by the county, city,

16706 or town governing body 15 days in advance in the manner prescribed by statute.
16707 (2) If the majority of the voters voting in this election approve the proposal, it shall
16708 become effective on the date provided by the county, city, or town governing body.
16709 (3) (a) This section may not be construed to require an election in jurisdictions where
16710 voters have previously approved a public transit sales or use tax.
16711 (b) This section shall be construed to require an election to impose the sales and use
16712 tax authorized by this section, including jurisdictions where the voters have previously
16713 approved the sales and use tax authorized by Section 59-12-501 , but this section may not be
16714 construed to affect the sales and use tax authorized by Section 59-12-501 .
16715 (4) No public funds shall be spent to promote the required election.
16716 (5) (a) Notwithstanding the designated use of revenues in Subsection (1), of the
16717 revenues generated by the tax imposed under this section by any county of the first class:
16718 (i) 75% shall be allocated to fund a fixed guideway and expanded public transportation
16719 system; and
16720 (ii) except as provided in Subsection (5)(b), 25% shall be allocated to fund new
16721 construction, major renovations, and improvements to Interstate 15 and state highways within
16722 the county and to pay any debt service and bond issuance costs related to those projects.
16723 (b) Notwithstanding the designated use of revenues in Subsection (1), beginning on
16724 July 1, 2006, and ending on July 1, 2007, a county of the first class may expend an amount not
16725 to exceed $3,500,000 of the revenues described in Subsection (5)(a)(ii) for expenses relating to
16726 reconfiguring railroad curves within that county to reduce rail congestion.
16727 (6) A county of the first class may, through an interlocal agreement, authorize the
16728 deposit or transfer of the portion of the revenues described in Subsection (5)(a)(ii) to the Public
16729 Transportation System Tax Highway Fund created in Section 72-2-121 .
16730 Section 420. Section 59-12-1001 is amended to read:
16731 59-12-1001. Authority to impose tax for highways or to fund a system for public
16732 transit -- Base -- Rate -- Ordinance requirements -- Voter approval requirements --
16733 Election requirements -- Notice of election requirements -- Exceptions to voter approval
16734 requirements -- Enactment or repeal of tax -- Effective date -- Notice requirements.
16735 (1) (a) A city or town in which the transactions described in Subsection 59-12-103 (1)
16736 are not subject to a sales and use tax under Section 59-12-501 may as provided in this part

16737 impose a sales and use tax of .25% on the transactions described in Subsection 59-12-103 (1)
16738 located within the city or town.
16739 (b) Notwithstanding Subsection (1)(a), a city or town may not impose a tax under this
16740 section on:
16741 (i) the sales and uses described in Section 59-12-104 to the extent the sales and uses are
16742 exempt from taxation under Section 59-12-104 ; and
16743 (ii) any amounts paid or charged by a seller that collects a tax under Subsection
16744 59-12-107 (1)(b).
16745 (c) For purposes of this Subsection (1), the location of a transaction shall be
16746 determined in accordance with Section 59-12-207 .
16747 (2) (a) A city or town imposing a tax under this part may use the revenues generated by
16748 the tax:
16749 (i) for the construction and maintenance of highways under the jurisdiction of the city
16750 or town imposing the tax;
16751 (ii) subject to Subsection (2)(b), to fund a system for public transit; or
16752 (iii) for a combination of the purposes described in Subsections (2)(a)(i) and (ii).
16753 (b) (i) For purposes of Subsection (2)(a)(ii) and except as provided in Subsection
16754 (2)(b)(ii), "public transit" is as defined in Section [ 17A-2-1004 ] 17B-2a-802 .
16755 (ii) Notwithstanding Subsection (2)(b)(i), "public transit" does not include a fixed
16756 guideway system.
16757 (3) To impose a tax under this part, the governing body of the city or town shall:
16758 (a) pass an ordinance approving the tax; and
16759 (b) except as provided in Subsection (7), obtain voter approval for the tax as provided
16760 in Subsection (4).
16761 (4) To obtain voter approval for a tax under Subsection (3)(b), a city or town shall:
16762 (a) hold an election during:
16763 (i) a regular general election; or
16764 (ii) a municipal general election; and
16765 (b) publish notice of the election:
16766 (i) 15 days or more before the day on which the election is held; and
16767 (ii) in a newspaper of general circulation in the city or town.

16768 (5) An ordinance approving a tax under this part shall provide an effective date for the
16769 tax as provided in Subsection (6).
16770 (6) (a) For purposes of this Subsection (6):
16771 (i) "Annexation" means an annexation to a city or town under Title 10, Chapter 2, Part
16772 4, Annexation.
16773 (ii) "Annexing area" means an area that is annexed into a city or town.
16774 (b) (i) Except as provided in Subsection (6)(c) or (d), if, on or after July 1, 2004, a city
16775 or town enacts or repeals a tax under this part, the enactment or repeal shall take effect:
16776 (A) on the first day of a calendar quarter; and
16777 (B) after a 90-day period beginning on the date the commission receives notice meeting
16778 the requirements of Subsection (6)(b)(ii) from the city or town.
16779 (ii) The notice described in Subsection (6)(b)(i)(B) shall state:
16780 (A) that the city or town will enact or repeal a tax under this part;
16781 (B) the statutory authority for the tax described in Subsection (6)(b)(ii)(A);
16782 (C) the effective date of the tax described in Subsection (6)(b)(ii)(A); and
16783 (D) if the city or town enacts the tax described in Subsection (6)(b)(ii)(A), the rate of
16784 the tax.
16785 (c) (i) Notwithstanding Subsection (6)(b)(i), for a transaction described in Subsection
16786 (6)(c)(iii), the enactment of a tax shall take effect on the first day of the first billing period:
16787 (A) that begins after the effective date of the enactment of the tax; and
16788 (B) if the billing period for the transaction begins before the effective date of the
16789 enactment of the tax under Subsection (1).
16790 (ii) Notwithstanding Subsection (6)(b)(i), for a transaction described in Subsection
16791 (6)(c)(iii), the repeal of a tax shall take effect on the first day of the last billing period:
16792 (A) that began before the effective date of the repeal of the tax; and
16793 (B) if the billing period for the transaction begins before the effective date of the repeal
16794 of the tax imposed under Subsection (1).
16795 (iii) Subsections (6)(c)(i) and (ii) apply to transactions subject to a tax under:
16796 (A) Subsection 59-12-103 (1)(b);
16797 (B) Subsection 59-12-103 (1)(c);
16798 (C) Subsection 59-12-103 (1)(d);

16799 (D) Subsection 59-12-103 (1)(e);
16800 (E) Subsection 59-12-103 (1)(f);
16801 (F) Subsection 59-12-103 (1)(g);
16802 (G) Subsection 59-12-103 (1)(h);
16803 (H) Subsection 59-12-103 (1)(i);
16804 (I) Subsection 59-12-103 (1)(j); or
16805 (J) Subsection 59-12-103 (1)(k).
16806 (d) (i) Notwithstanding Subsection (6)(b)(i), if a tax due under this chapter on a
16807 catalogue sale is computed on the basis of sales and use tax rates published in the catalogue, an
16808 enactment or repeal of a tax described in Subsection (6)(b)(i) takes effect:
16809 (A) on the first day of a calendar quarter; and
16810 (B) beginning 60 days after the effective date of the enactment or repeal under
16811 Subsection (6)(b)(i).
16812 (ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
16813 commission may by rule define the term "catalogue sale."
16814 (e) (i) Except as provided in Subsection (6)(f) or (g), if, for an annexation that occurs
16815 on or after July 1, 2004, the annexation will result in the enactment or repeal of a tax under this
16816 part for an annexing area, the enactment or repeal shall take effect:
16817 (A) on the first day of a calendar quarter; and
16818 (B) after a 90-day period beginning on the date the commission receives notice meeting
16819 the requirements of Subsection (6)(e)(ii) from the city or town that annexes the annexing area.
16820 (ii) The notice described in Subsection (6)(e)(i)(B) shall state:
16821 (A) that the annexation described in Subsection (6)(e)(i) will result in an enactment or
16822 repeal of a tax under this part for the annexing area;
16823 (B) the statutory authority for the tax described in Subsection (6)(e)(ii)(A);
16824 (C) the effective date of the tax described in Subsection (6)(e)(ii)(A); and
16825 (D) the rate of the tax described in Subsection (6)(e)(ii)(A).
16826 (f) (i) Notwithstanding Subsection (6)(e)(i), for a transaction described in Subsection
16827 (6)(f)(iii), the enactment of a tax shall take effect on the first day of the first billing period:
16828 (A) that begins after the effective date of the enactment of the tax; and
16829 (B) if the billing period for the transaction begins before the effective date of the

16830 enactment of the tax under Subsection (1).
16831 (ii) Notwithstanding Subsection (6)(e)(i), for a transaction described in Subsection
16832 (6)(f)(iii), the repeal of a tax shall take effect on the first day of the last billing period:
16833 (A) that began before the effective date of the repeal of the tax; and
16834 (B) if the billing period for the transaction begins before the effective date of the repeal
16835 of the tax imposed under Subsection (1).
16836 (iii) Subsections (6)(f)(i) and (ii) apply to transactions subject to a tax under:
16837 (A) Subsection 59-12-103 (1)(b);
16838 (B) Subsection 59-12-103 (1)(c);
16839 (C) Subsection 59-12-103 (1)(d);
16840 (D) Subsection 59-12-103 (1)(e);
16841 (E) Subsection 59-12-103 (1)(f);
16842 (F) Subsection 59-12-103 (1)(g);
16843 (G) Subsection 59-12-103 (1)(h);
16844 (H) Subsection 59-12-103 (1)(i);
16845 (I) Subsection 59-12-103 (1)(j); or
16846 (J) Subsection 59-12-103 (1)(k).
16847 (g) (i) Notwithstanding Subsection (6)(e)(i), if a tax due under this chapter on a
16848 catalogue sale is computed on the basis of sales and use tax rates published in the catalogue, an
16849 enactment or repeal of a tax described in Subsection (6)(e)(i) takes effect:
16850 (A) on the first day of a calendar quarter; and
16851 (B) beginning 60 days after the effective date of the enactment or repeal under
16852 Subsection (6)(e)(i).
16853 (ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
16854 commission may by rule define the term "catalogue sale."
16855 (7) (a) Except as provided in Subsection (7)(b), a city or town is not subject to the voter
16856 approval requirements of Subsection (3)(b) if:
16857 (i) on or before January 1, 1996, the city or town imposed a license fee or tax on
16858 businesses based on gross receipts pursuant to Section 10-1-203 ; or
16859 (ii) the city or town:
16860 (A) on or before June 30, 2002, obtained voter approval in accordance with Subsection

16861 (3)(b) to impose a tax under this part for a purpose described in Subsection (2)(a)(i); and
16862 (B) on or after July 1, 2002, uses the revenues generated by a tax under this part for a
16863 purpose described in Subsection (2)(a).
16864 (b) Notwithstanding Subsection (7)(a), the exception from the voter approval
16865 requirements in Subsection (7)(a)(i) does not apply to a city or town that, on or before January
16866 1, 1996, imposed a license fee or tax on only one class of businesses based on gross receipts
16867 pursuant to Section 10-1-203 .
16868 Section 421. Section 59-12-1502 is amended to read:
16869 59-12-1502. Definitions.
16870 As used in this part:
16871 (1) "Annexation" means an annexation to a county under Title 17, Chapter 2,
16872 Annexation to County.
16873 (2) "Annexing area" means an area that is annexed into a county.
16874 (3) "Qualifying county" means a county in which a sales and use tax authorized by
16875 Section 59-12-502 is not imposed by:
16876 (a) the county;
16877 (b) a city within the county; or
16878 (c) a town within the county.
16879 (4) "State highway" means a highway designated as a state highway under Title 72,
16880 Chapter 4, Designation of State Highways Act.
16881 (5) (a) Except as provided in Subsection (5)(b), "public transit" is as defined in Section
16882 [ 17A-2-1004 ] 17B-2a-802 .
16883 (b) Notwithstanding Subsection (5)(a), "public transit" does not include a fixed
16884 guideway system.
16885 Section 422. Section 59-12-1503 is amended to read:
16886 59-12-1503. Opinion question election -- Base -- Rate -- Imposition of tax -- Use of
16887 tax revenues -- Administration, collection, and enforcement of tax by commission --
16888 Administrative fee -- Enactment or repeal of tax -- Annexation -- Notice.
16889 (1) (a) Beginning on or after April 1, 2004, and subject to the other provisions of this
16890 part, the county legislative body of a qualifying county may impose a sales and use tax of .25%:
16891 (i) on the transactions:

16892 (A) described in Subsection 59-12-103 (1); and
16893 (B) within the county, including the cities and towns within the county;
16894 (ii) for the purposes determined by the county legislative body in accordance with
16895 Subsection (2); and
16896 (iii) in addition to any other sales and use tax authorized under this chapter.
16897 (b) Notwithstanding Subsection (1)(a)(i), a county legislative body may not impose a
16898 tax under this section on:
16899 (i) the sales and uses described in Section 59-12-104 to the extent the sales and uses are
16900 exempt from taxation under Section 59-12-104 ; or
16901 (ii) any amounts paid or charged by a seller that collects a tax under Subsection
16902 59-12-107 (1)(b).
16903 (c) For purposes of this Subsection (1), the location of a transaction shall be
16904 determined in accordance with Section 59-12-207 .
16905 (2) (a) Subject to Subsection (2)(b), before obtaining the approval required by
16906 Subsection (3), a county legislative body shall adopt a resolution specifying the percentage of
16907 revenues the county will receive from the tax under this part that will be allocated to fund one
16908 or more of the following:
16909 (i) a project or service relating to a fixed guideway system:
16910 (A) for the portion of the project or service that is performed within the county; and
16911 (B) if the fixed guideway system is owned and operated by a public transit district
16912 organized under Title [17A] 17B, Chapter [2] 2a, Part [10, Utah] 8, Public Transit District Act;
16913 (ii) a project or service relating to a system for public transit:
16914 (A) for the portion of the project or service that is performed within the county; and
16915 (B) if the system for public transit is owned and operated by a public transit district
16916 organized under Title [17A] 17B, Chapter [2] 2a, Part [10, Utah] 8, Public Transit District Act;
16917 or
16918 (iii) the following relating to a state highway within the county:
16919 (A) a project beginning on or after the day on which a county legislative body imposes
16920 a tax under this part only within the county involving:
16921 (I) new construction;
16922 (II) a renovation;

16923 (III) an improvement; or
16924 (IV) an environmental study;
16925 (B) debt service on a project described in Subsections (2)(a)(iii)(A)(I) through (IV); or
16926 (C) bond issuance costs relating to a project described in Subsections (2)(a)(iii)(A)(I)
16927 through (IV).
16928 (b) (i) A county legislative body shall in the resolution required by Subsection (2)(a)
16929 allocate as required by Subsection (2)(a) 100% of the revenues the county will receive from the
16930 tax under this part.
16931 (ii) For purposes of this Subsection (2)(b), the revenues a county will receive from the
16932 tax under this part do not include amounts retained by the commission in accordance with
16933 Subsection (8).
16934 (3) (a) Before imposing a tax under this part, a county legislative body shall:
16935 (i) obtain approval from a majority of the members of the county legislative body to:
16936 (A) impose the tax; and
16937 (B) allocate the revenues the county will receive from the tax in accordance with the
16938 resolution adopted in accordance with Subsection (2); and
16939 (ii) subject to Subsection (3)(b), submit an opinion question to the county's registered
16940 voters voting on the imposition of the tax so that each registered voter has the opportunity to
16941 express the registered voter's opinion on whether a tax should be imposed under this part.
16942 (b) The opinion question required by Subsection (3)(a)(ii) shall state the allocations
16943 specified in the resolution:
16944 (i) adopted in accordance with Subsection (2); and
16945 (ii) approved by the county legislative body in accordance with Subsection (3)(a).
16946 (c) The election required by this Subsection (3) shall be held:
16947 (i) (A) at a regular general election; and
16948 (B) in accordance with the procedures and requirements of Title 20A, Election Code,
16949 governing regular general elections; or
16950 (ii) (A) at a special election called by the county legislative body;
16951 (B) only on the date of a municipal general election provided in Subsection
16952 20A-1-202 (1); and
16953 (C) in accordance with the procedures and requirements of Section 20A-1-203 .

16954 (4) (a) Subject to Subsection (8), if a county legislative body determines that a majority
16955 of the county's registered voters voting on the imposition of the tax have voted in favor of the
16956 imposition of the tax in accordance with Subsection (3), the county legislative body may
16957 impose the tax by a majority vote of all of the members of the county legislative body.
16958 (b) If a county legislative body imposes a tax under Subsection (4)(a), the revenues
16959 generated by the tax shall be:
16960 (i) allocated in accordance with the allocations specified in the resolution under
16961 Subsection (2); and
16962 (ii) expended as provided in this part.
16963 (5) If a county legislative body allocates revenues generated by the tax for a project
16964 described in Subsection (2)(a)(iii)(A), before beginning the project the county legislative body
16965 shall:
16966 (a) obtain approval from the Transportation Commission to complete the project; and
16967 (b) enter into an interlocal agreement:
16968 (i) established in accordance with Title 11, Chapter 13, Interlocal Cooperation Act;
16969 (ii) with the Department of Transportation; and
16970 (iii) to complete the project.
16971 (6) (a) If after a county legislative body imposes a tax under Subsection (4) the county
16972 legislative body seeks to change the allocation of the tax specified in the resolution under
16973 Subsection (2), the county legislative body may change the allocation of the tax by:
16974 (i) adopting a resolution in accordance with Subsection (2) specifying the percentage of
16975 revenues the county will receive from the tax under this part that will be allocated to fund one
16976 or more of the systems or projects described in Subsection (2);
16977 (ii) obtaining approval to change the allocation of the tax from a majority of the
16978 members of the county legislative body; and
16979 (iii) (A) submitting an opinion question to the county's registered voters voting on
16980 changing the allocation of the tax so that each registered voter has the opportunity to express
16981 the registered voter's opinion on whether the allocation of the tax should be changed; and
16982 (B) obtaining approval to change the allocation of the tax from a majority of the
16983 county's registered voters voting on changing the allocation of the tax.
16984 (b) (i) The opinion question required by Subsection (6)(a)(iii) shall state the allocations

16985 specified in the resolution:
16986 (A) adopted in accordance with Subsection (6)(a)(i); and
16987 (B) approved by the county legislative body in accordance with Subsection (6)(a)(ii).
16988 (ii) The election required by Subsection (6)(a)(iii) shall follow the procedures and
16989 requirements of Title 11, Chapter 14, Local Government Bonding Act.
16990 (7) (a) (i) Except as provided in Subsection (7)(a)(ii), revenues generated by a tax
16991 under this part that are allocated for a purpose described in Subsection (2)(a)(i) or (ii) shall be
16992 transmitted:
16993 (A) by the commission;
16994 (B) to the county;
16995 (C) monthly; and
16996 (D) by electronic funds transfer.
16997 (ii) Notwithstanding Subsection (7)(a)(i), a county may request that the commission
16998 transfer the revenues described in Subsection (7)(a)(i):
16999 (A) directly to a public transit district:
17000 (I) organized under Title [17A] 17B, Chapter [2] 2a, Part [10, Utah] 8, Public Transit
17001 District Act; and
17002 (II) designated by the county; and
17003 (B) by providing written notice to the commission:
17004 (I) requesting the revenues to be transferred directly to a public transit district as
17005 provided in Subsection (7)(a)(ii)(A); and
17006 (II) designating the public transit district to which the revenues are requested to be
17007 transferred.
17008 (b) Revenues generated by a tax under this part that are allocated for a purpose
17009 described in Subsection (2)(a)(iii) shall be:
17010 (i) deposited into the State Highway Projects Within Counties Fund created by Section
17011 72-2-121.1 ; and
17012 (ii) expended as provided in Section 72-2-121.1 .
17013 (8) (a) (i) Except as provided in Subsection (8)(a)(ii), the tax authorized under this part
17014 shall be administered, collected, and enforced in accordance with:
17015 (A) the same procedures used to administer, collect, and enforce the tax under:

17016 (I) Part 1, Tax Collection; or
17017 (II) Part 2, Local Sales and Use Tax Act; and
17018 (B) Chapter 1, General Taxation Policies.
17019 (ii) Notwithstanding Subsection (8)(a)(i), a tax under this part is not subject to
17020 Subsections 59-12-205 (2) through (7).
17021 (b) (i) The commission may retain an amount of tax collected under this part of not to
17022 exceed the lesser of:
17023 (A) 1.5%; or
17024 (B) an amount equal to the cost to the commission of administering this part.
17025 (ii) Any amount the commission retains under Subsection (8)(b)(i) shall be:
17026 (A) placed in the Sales and Use Tax Administrative Fees Account; and
17027 (B) used as provided in Subsection 59-12-206 (2).
17028 (9) (a) (i) Except as provided in Subsection (9)(b) or (c), if, on or after July 1, 2004, a
17029 county enacts or repeals a tax under this part, the enactment or repeal shall take effect:
17030 (A) on the first day of a calendar quarter; and
17031 (B) after a 90-day period beginning on the date the commission receives notice meeting
17032 the requirements of Subsection (9)(a)(ii) from the county.
17033 (ii) The notice described in Subsection (9)(a)(i)(B) shall state:
17034 (A) that the county will enact or repeal a tax under this part;
17035 (B) the statutory authority for the tax described in Subsection (9)(a)(ii)(A);
17036 (C) the effective date of the tax described in Subsection (9)(a)(ii)(A); and
17037 (D) if the county enacts the tax described in Subsection (9)(a)(ii)(A), the rate of the tax.
17038 (b) (i) Notwithstanding Subsection (9)(a)(i), for a transaction described in Subsection
17039 (9)(b)(iii), the enactment of a tax shall take effect on the first day of the first billing period:
17040 (A) that begins after the effective date of the enactment of the tax; and
17041 (B) if the billing period for the transaction begins before the effective date of the
17042 enactment of the tax under Subsection (1).
17043 (ii) Notwithstanding Subsection (9)(a)(i), for a transaction described in Subsection
17044 (9)(b)(iii), the repeal of a tax shall take effect on the first day of the last billing period:
17045 (A) that began before the effective date of the repeal of the tax; and
17046 (B) if the billing period for the transaction begins before the effective date of the repeal

17047 of the tax imposed under Subsection (1).
17048 (iii) Subsections (9)(b)(i) and (ii) apply to transactions subject to a tax under:
17049 (A) Subsection 59-12-103 (1)(b);
17050 (B) Subsection 59-12-103 (1)(c);
17051 (C) Subsection 59-12-103 (1)(d);
17052 (D) Subsection 59-12-103 (1)(e);
17053 (E) Subsection 59-12-103 (1)(f);
17054 (F) Subsection 59-12-103 (1)(g);
17055 (G) Subsection 59-12-103 (1)(h);
17056 (H) Subsection 59-12-103 (1)(i);
17057 (I) Subsection 59-12-103 (1)(j); or
17058 (J) Subsection 59-12-103 (1)(k).
17059 (c) (i) Notwithstanding Subsection (9)(a)(i), if a tax due under this chapter on a
17060 catalogue sale is computed on the basis of sales and use tax rates published in the catalogue, an
17061 enactment or repeal of a tax described in Subsection (9)(a)(i) takes effect:
17062 (A) on the first day of a calendar quarter; and
17063 (B) beginning 60 days after the effective date of the enactment or repeal under
17064 Subsection (9)(a)(i).
17065 (ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
17066 commission may by rule define the term "catalogue sale."
17067 (d) (i) Except as provided in Subsection (9)(e) or (f), if, for an annexation that occurs
17068 on or after July 1, 2004, the annexation will result in the enactment or repeal of a tax under this
17069 part for an annexing area, the enactment or repeal shall take effect:
17070 (A) on the first day of a calendar quarter; and
17071 (B) after a 90-day period beginning on the date the commission receives notice meeting
17072 the requirements of Subsection (9)(d)(ii) from the county that annexes the annexing area.
17073 (ii) The notice described in Subsection (9)(d)(i)(B) shall state:
17074 (A) that the annexation described in Subsection (9)(d)(i)(B) will result in an enactment
17075 or repeal of a tax under this part for the annexing area;
17076 (B) the statutory authority for the tax described in Subsection (9)(d)(ii)(A);
17077 (C) the effective date of the tax described in Subsection (9)(d)(ii)(A); and

17078 (D) the rate of the tax described in Subsection (9)(d)(ii)(A).
17079 (e) (i) Notwithstanding Subsection (9)(d)(i), for a transaction described in Subsection
17080 (9)(e)(iii), the enactment of a tax shall take effect on the first day of the first billing period:
17081 (A) that begins after the effective date of the enactment of the tax; and
17082 (B) if the billing period for the transaction begins before the effective date of the
17083 enactment of the tax under Subsection (1).
17084 (ii) Notwithstanding Subsection (9)(d)(i), for a transaction described in Subsection
17085 (9)(e)(iii), the repeal of a tax shall take effect on the first day of the last billing period:
17086 (A) that began before the effective date of the repeal of the tax; and
17087 (B) if the billing period for the transaction begins before the effective date of the repeal
17088 of the tax imposed under Subsection (1).
17089 (iii) Subsections (9)(e)(i) and (ii) apply to transactions subject to a tax under:
17090 (A) Subsection 59-12-103 (1)(b);
17091 (B) Subsection 59-12-103 (1)(c);
17092 (C) Subsection 59-12-103 (1)(d);
17093 (D) Subsection 59-12-103 (1)(e);
17094 (E) Subsection 59-12-103 (1)(f);
17095 (F) Subsection 59-12-103 (1)(g);
17096 (G) Subsection 59-12-103 (1)(h);
17097 (H) Subsection 59-12-103 (1)(i);
17098 (I) Subsection 59-12-103 (1)(j); or
17099 (J) Subsection 59-12-103 (1)(k).
17100 (f) (i) Notwithstanding Subsection (9)(d)(i), if a tax due under this chapter on a
17101 catalogue sale is computed on the basis of sales and use tax rates published in the catalogue, an
17102 enactment or repeal of a tax described in Subsection (9)(d)(i) takes effect:
17103 (A) on the first day of a calendar quarter; and
17104 (B) beginning 60 days after the effective date of the enactment or repeal under
17105 Subsection (9)(d)(i).
17106 (ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
17107 commission may by rule define the term "catalogue sale."
17108 Section 423. Section 59-12-1703 is amended to read:

17109 59-12-1703. Opinion question election -- Base -- Rate -- Imposition of tax -- Use of
17110 tax revenues -- Administration, collection, and enforcement of tax by commission --
17111 Administrative fee -- Enactment or repeal of tax -- Annexation -- Notice.
17112 (1) (a) Beginning on or after April 1, 2007, and subject to the other provisions of this
17113 part, a county legislative body may impose a sales and use tax of up to .25%:
17114 (i) on the transactions:
17115 (A) described in Subsection 59-12-103 (1); and
17116 (B) within the county, including the cities and towns within the county;
17117 (ii) for the purposes described in Subsection (4); and
17118 (iii) in addition to any other sales and use tax authorized under this chapter.
17119 (b) Notwithstanding Subsection (1)(a)(i), a county legislative body may not impose a
17120 tax under this section on:
17121 (i) the sales and uses described in Section 59-12-104 to the extent the sales and uses are
17122 exempt from taxation under Section 59-12-104 ; or
17123 (ii) any amounts paid or charged by a seller that collects a tax under Subsection
17124 59-12-107 (1)(b).
17125 (c) For purposes of this Subsection (1), the location of a transaction shall be
17126 determined in accordance with Section 59-12-207 .
17127 (2) (a) Except as provided in Subsection (2)(d), before imposing a tax under this part, a
17128 county legislative body shall:
17129 (i) obtain approval from a majority of the members of the county legislative body to
17130 impose the tax; and
17131 (ii) submit an opinion question to the county's registered voters voting on the
17132 imposition of the tax so that each registered voter has the opportunity to express the registered
17133 voter's opinion on whether a tax should be imposed under this part.
17134 (b) (i) In a county of the first or second class, the opinion question required by
17135 Subsection (2)(a)(ii) shall state the following:
17136 "Shall (insert the name of the county), Utah, be authorized to impose a (insert the
17137 amount of the sales and use tax up to .25%) sales and use tax for corridor preservation,
17138 congestion mitigation, or to expand capacity for regionally significant transportation facilities?"
17139 (ii) In a county of the third, fourth, fifth, or sixth class, the opinion question required by

17140 Subsection (2)(a)(ii) shall state the following:
17141 "Shall (insert the name of the county), Utah, be authorized to impose a (insert the
17142 amount of the sales and use tax up to .25%) sales and use tax for transportation projects,
17143 corridor preservation, congestion mitigation, or to expand capacity for regionally significant
17144 transportation facilities?"
17145 (c) Except as provided in Subsection (2)(d), the election required by this Subsection (2)
17146 shall be held:
17147 (i) at a regular general election conducted in accordance with the procedures and
17148 requirements of Title 20A, Election Code, governing regular elections; or
17149 (ii) at a special election called by the county legislative body that is:
17150 (A) held only on the date of a municipal general election as provided in Subsection
17151 20A-1-202 (1); and
17152 (B) authorized in accordance with the procedures and requirements of Section
17153 20A-1-203 .
17154 (d) Notwithstanding Subsection (2)(a) or (c), if a county seeks to impose a tax under
17155 this part on or after April 1, 2007, but on or before December 31, 2007, the county legislative
17156 body shall:
17157 (i) obtain the approval required by Subsection (2)(a)(i) within five calendar days of
17158 September 20, 2006;
17159 (ii) direct the county clerk to submit the opinion question required by Subsection
17160 (2)(a)(ii) during the November 7, 2006 general election; and
17161 (iii) hold the election required by this section on November 7, 2006.
17162 (3) If a county legislative body determines that a majority of the county's registered
17163 voters voting on the imposition of the tax have voted in favor of the imposition of the tax in
17164 accordance with Subsection (2), the county legislative body shall impose the tax in accordance
17165 with this section.
17166 (4) (a) Subject to Subsections (5) and (6), the revenues generated by a tax under this
17167 part may only be expended for:
17168 (i) a project or service:
17169 (A) relating to a regionally significant transportation facility;
17170 (B) for the portion of the project or service that is performed within the county;

17171 (C) for new capacity or congestion mitigation if the project or service is performed
17172 within a county:
17173 (I) of the first class;
17174 (II) of the second class; or
17175 (III) that is part of an area metropolitan planning organization;
17176 (D) (I) if the project or service is a principal arterial highway or a minor arterial
17177 highway in a county of the first or second class, that is part of the county and municipal master
17178 plan and part of:
17179 (Aa) the statewide long-range plan; or
17180 (Bb) the regional transportation plan of the area metropolitan planning organization if a
17181 metropolitan planning organization exists for the area; or
17182 (II) if the project or service is for a fixed guideway or an airport, that is part of the
17183 regional transportation plan of the area metropolitan planning organization if a metropolitan
17184 planning organization exists for the area; and
17185 (E) that is on a priority list:
17186 (I) created by the county's council of governments in accordance with Subsection (5);
17187 and
17188 (II) approved by the county legislative body in accordance with Subsection (6);
17189 (ii) corridor preservation for a project described in Subsection (4)(a)(i) as provided in
17190 Subsection (7)(b); or
17191 (iii) any debt service and bond issuance costs related to a project described in
17192 Subsection (4)(a)(i) or (ii).
17193 (b) In a county of the first or second class, a regionally significant transportation
17194 facility project or service described in Subsection (4)(a)(i)(A) must have a funded year priority
17195 designation on a Statewide Transportation Improvement Program and Transportation
17196 Improvement Program if the project or service described in Subsection (4)(a)(i) is:
17197 (i) a principal arterial highway as defined in Section 72-4-102.5 ;
17198 (ii) a minor arterial highway as defined in Section 72-4-102.5 ; or
17199 (iii) a major collector highway:
17200 (A) as defined in Section 72-4-102.5 ; and
17201 (B) in a rural area.

17202 (c) Notwithstanding the designated use of revenues in Subsection (4)(a), of the
17203 revenues generated by the tax imposed under this section by any county of the first or second
17204 class, 25% or more shall be expended for the purpose described in Subsection (4)(a)(ii).
17205 (d) For purposes of this Subsection (4), the revenues a county will receive from a tax
17206 under this part do not include amounts retained by the commission in accordance with
17207 Subsection (8).
17208 (5) (a) The county's council of governments shall create a priority list of regionally
17209 significant transportation facility projects described in Subsection (4)(a) using the process
17210 described in Subsection (5)(b) and present the priority list to the county's legislative body for
17211 approval as described in Subsection (6).
17212 (b) Subject to Sections 59-12-1704 and 59-12-1705 , a council of governments shall
17213 establish a council of governments' endorsement process which includes prioritization and
17214 application procedures for use of the revenues a county will receive from a tax under this part.
17215 (6) (a) The council of governments shall submit the priority list described in
17216 Subsection (5) to the county's legislative body and obtain approval of the list from a majority of
17217 the members of the county legislative body.
17218 (b) A county's council of governments may only submit one priority list per calendar
17219 year.
17220 (c) A county legislative body may only consider and approve one priority list per
17221 calendar year.
17222 (7) (a) (i) Except as provided in Subsections (7)(a)(ii) and (7)(b), revenues described in
17223 Subsection (4) shall be transmitted:
17224 (A) by the commission;
17225 (B) to the county;
17226 (C) monthly; and
17227 (D) by electronic funds transfer.
17228 (ii) A county may request that the commission transfer a portion of the revenues
17229 described in Subsection (4):
17230 (A) directly to a public transit district:
17231 (I) organized under Title [17A] 17B, Chapter [2] 2a, Part [10, Utah] 8, Public Transit
17232 District Act; and

17233 (II) designated by the county; and
17234 (B) by providing written notice to the commission:
17235 (I) requesting the revenues to be transferred directly to a public transit district as
17236 provided in Subsection (7)(a)(ii)(A); and
17237 (II) designating the public transit district to which the revenues are requested to be
17238 transferred.
17239 (b) (i) Except as provided in Subsection (7)(b)(ii), revenues generated by a tax under
17240 this part that are allocated for a purpose described in Subsection (4)(a)(ii) shall be:
17241 (A) deposited in or transferred to the Local Transportation Corridor Preservation Fund
17242 created by Section 72-2-117.5 ; and
17243 (B) expended as provided in Section 72-2-117.5 .
17244 (ii) In a county of the first class, revenues generated by a tax under this part that are
17245 allocated for a purpose described in Subsection (4)(a)(ii) shall be:
17246 (A) deposited in or transferred to the Public Transportation System Tax Highway Fund
17247 created by Section 72-2-121 ; and
17248 (B) expended as provided in Section 72-2-121 .
17249 (8) (a) (i) Except as provided in Subsection (8)(b), the tax authorized under this part
17250 shall be administered, collected, and enforced in accordance with:
17251 (A) the same procedures used to administer, collect, and enforce the tax under:
17252 (I) Part 1, Tax Collection; or
17253 (II) Part 2, Local Sales and Use Tax Act; and
17254 (B) Chapter 1, General Taxation Policies.
17255 (ii) A tax under this part is not subject to Subsections 59-12-205 (2) through (7).
17256 (b) (i) The commission may retain an amount of tax collected under this part of not to
17257 exceed the lesser of:
17258 (A) 1.5%; or
17259 (B) an amount equal to the cost to the commission of administering this part.
17260 (ii) Any amount the commission retains under Subsection (8)(b)(i) shall be:
17261 (A) placed in the Sales and Use Tax Administrative Fees Account; and
17262 (B) used as provided in Subsection 59-12-206 (2).
17263 (9) (a) (i) Except as provided in Subsection (9)(b) or (c), if, on or after April 1, 2007, a

17264 county enacts or repeals a tax or changes the rate of a tax under this part, the enactment, repeal,
17265 or change shall take effect:
17266 (A) on the first day of a calendar quarter; and
17267 (B) after a 90-day period beginning on the date the commission receives notice meeting
17268 the requirements of Subsection (9)(a)(ii) from the county.
17269 (ii) The notice described in Subsection (9)(a)(i)(B) shall state:
17270 (A) that the county will enact, repeal, or change the rate of a tax under this part;
17271 (B) the statutory authority for the tax described in Subsection (9)(a)(ii)(A);
17272 (C) the effective date of the tax described in Subsection (9)(a)(ii)(A); and
17273 (D) if the county enacts the tax or changes the rate of the tax described in Subsection
17274 (9)(a)(ii)(A), the rate of the tax.
17275 (b) (i) For a transaction described in Subsection (9)(b)(iii), if the billing period for the
17276 transaction begins before the effective date of the enactment of the tax or tax rate increase
17277 under Subsection (1), the enactment of a tax or a tax rate increase shall take effect on the first
17278 day of the first billing period that begins after the effective date of the enactment of the tax or
17279 the tax rate increase.
17280 (ii) For a transaction described in Subsection (9)(b)(iii), if the billing period for the
17281 transaction begins before the effective date of the repeal of the tax or the tax rate decrease
17282 imposed under Subsection (1), the repeal of a tax or a tax rate decrease shall take effect on the
17283 first day of the last billing period that began before the effective date of the repeal of the tax or
17284 the tax rate decrease.
17285 (iii) Subsections (9)(b)(i) and (ii) apply to transactions subject to a tax under:
17286 (A) Subsection 59-12-103 (1)(b);
17287 (B) Subsection 59-12-103 (1)(c);
17288 (C) Subsection 59-12-103 (1)(d);
17289 (D) Subsection 59-12-103 (1)(e);
17290 (E) Subsection 59-12-103 (1)(f);
17291 (F) Subsection 59-12-103 (1)(g);
17292 (G) Subsection 59-12-103 (1)(h);
17293 (H) Subsection 59-12-103 (1)(i);
17294 (I) Subsection 59-12-103 (1)(j); or

17295 (J) Subsection 59-12-103 (1)(k).
17296 (c) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
17297 sales and use tax rates published in the catalogue, an enactment, repeal, or change in the rate of
17298 a tax described in Subsection (9)(a)(i) takes effect:
17299 (A) on the first day of a calendar quarter; and
17300 (B) beginning 60 days after the effective date of the enactment, repeal, or change in the
17301 rate of the tax under Subsection (9)(a)(i).
17302 (ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
17303 commission may by rule define the term "catalogue sale."
17304 (d) (i) Except as provided in Subsection (9)(e) or (f), if, for an annexation that occurs
17305 on or after April 1, 2007, the annexation will result in the enactment, repeal, or change in the
17306 rate of a tax under this part for an annexing area, the enactment, repeal, or change shall take
17307 effect:
17308 (A) on the first day of a calendar quarter; and
17309 (B) after a 90-day period beginning on the date the commission receives notice meeting
17310 the requirements of Subsection (9)(d)(ii) from the county that annexes the annexing area.
17311 (ii) The notice described in Subsection (9)(d)(i)(B) shall state:
17312 (A) that the annexation described in Subsection (9)(d)(i)(B) will result in an enactment,
17313 repeal, or change in the rate of a tax under this part for the annexing area;
17314 (B) the statutory authority for the tax described in Subsection (9)(d)(ii)(A);
17315 (C) the effective date of the tax described in Subsection (9)(d)(ii)(A); and
17316 (D) if the county enacts the tax or changes the rate of the tax described in Subsection
17317 (9)(d)(ii)(A), the rate of the tax.
17318 (e) (i) For a transaction described in Subsection (9)(e)(iii), if the billing period for the
17319 transaction begins before the effective date of the enactment of the tax or a tax rate increase
17320 under Subsection (1), the enactment of a tax or a tax rate increase shall take effect on the first
17321 day of the first billing period that begins after the effective date of the enactment of the tax or
17322 the tax rate increase.
17323 (ii) For a transaction described in Subsection (9)(e)(iii), if the billing period for the
17324 transaction begins before the effective date of the repeal of the tax or the tax rate decrease
17325 imposed under Subsection (1), the repeal of a tax or a tax rate decrease shall take effect on the

17326 first day of the last billing period that began before the effective date of the repeal of the tax or
17327 the tax rate decrease.
17328 (iii) Subsections (9)(e)(i) and (ii) apply to transactions subject to a tax under:
17329 (A) Subsection 59-12-103 (1)(b);
17330 (B) Subsection 59-12-103 (1)(c);
17331 (C) Subsection 59-12-103 (1)(d);
17332 (D) Subsection 59-12-103 (1)(e);
17333 (E) Subsection 59-12-103 (1)(f);
17334 (F) Subsection 59-12-103 (1)(g);
17335 (G) Subsection 59-12-103 (1)(h);
17336 (H) Subsection 59-12-103 (1)(i);
17337 (I) Subsection 59-12-103 (1)(j); or
17338 (J) Subsection 59-12-103 (1)(k).
17339 (f) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
17340 sales and use tax rates published in the catalogue, an enactment, repeal, or change in the rate of
17341 a tax described in Subsection (9)(d)(i) takes effect:
17342 (A) on the first day of a calendar quarter; and
17343 (B) beginning 60 days after the effective date of the enactment, repeal, or change in the
17344 rate under Subsection (9)(d)(i).
17345 (ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
17346 commission may by rule define the term "catalogue sale."
17347 Section 424. Section 63-2-103 is amended to read:
17348 63-2-103. Definitions.
17349 As used in this chapter:
17350 (1) "Audit" means:
17351 (a) a systematic examination of financial, management, program, and related records
17352 for the purpose of determining the fair presentation of financial statements, adequacy of
17353 internal controls, or compliance with laws and regulations; or
17354 (b) a systematic examination of program procedures and operations for the purpose of
17355 determining their effectiveness, economy, efficiency, and compliance with statutes and
17356 regulations.

17357 (2) "Chronological logs" mean the regular and customary summary records of law
17358 enforcement agencies and other public safety agencies that show:
17359 (a) the time and general nature of police, fire, and paramedic calls made to the agency;
17360 (b) and any arrests or jail bookings made by the agency.
17361 (3) "Classification," "classify," and their derivative forms mean determining whether a
17362 record series, record, or information within a record is public, private, controlled, protected, or
17363 exempt from disclosure under Subsection 63-2-201 (3)(b).
17364 (4) (a) "Computer program" means:
17365 (i) a series of instructions or statements that permit the functioning of a computer
17366 system in a manner designed to provide storage, retrieval, and manipulation of data from the
17367 computer system; and
17368 (ii) any associated documentation and source material that explain how to operate the
17369 computer program.
17370 (b) "Computer program" does not mean:
17371 (i) the original data, including numbers, text, voice, graphics, and images;
17372 (ii) analysis, compilation, and other manipulated forms of the original data produced by
17373 use of the program; or
17374 (iii) the mathematical or statistical formulas, excluding the underlying mathematical
17375 algorithms contained in the program, that would be used if the manipulated forms of the
17376 original data were to be produced manually.
17377 (5) (a) "Contractor" means:
17378 (i) any person who contracts with a governmental entity to provide goods or services
17379 directly to a governmental entity; or
17380 (ii) any private, nonprofit organization that receives funds from a governmental entity.
17381 (b) "Contractor" does not mean a private provider.
17382 (6) "Controlled record" means a record containing data on individuals that is controlled
17383 as provided by Section 63-2-303 .
17384 (7) "Designation," "designate," and their derivative forms mean indicating, based on a
17385 governmental entity's familiarity with a record series or based on a governmental entity's
17386 review of a reasonable sample of a record series, the primary classification that a majority of
17387 records in a record series would be given if classified and the classification that other records

17388 typically present in the record series would be given if classified.
17389 (8) "Elected official" means each person elected to a state office, county office,
17390 municipal office, school board or school district office, [or special] local district office, or
17391 special service district office but does not include judges.
17392 (9) "Explosive" means a chemical compound, device, or mixture:
17393 (a) commonly used or intended for the purpose of producing an explosion; and
17394 (b) that contains oxidizing or combustive units or other ingredients in proportions,
17395 quantities, or packing so that:
17396 (i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
17397 compound or mixture may cause a sudden generation of highly heated gases; and
17398 (ii) the resultant gaseous pressures are capable of:
17399 (A) producing destructive effects on contiguous objects; or
17400 (B) causing death or serious bodily injury.
17401 (10) "Government audit agency" means any governmental entity that conducts an audit.
17402 (11) (a) "Governmental entity" means:
17403 (i) executive department agencies of the state, the offices of the governor, lieutenant
17404 governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole,
17405 the Board of Examiners, the National Guard, the Career Service Review Board, the State Board
17406 of Education, the State Board of Regents, and the State Archives;
17407 (ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
17408 Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative
17409 committees, except any political party, group, caucus, or rules or sifting committee of the
17410 Legislature;
17411 (iii) courts, the Judicial Council, the Office of the Court Administrator, and similar
17412 administrative units in the judicial branch;
17413 (iv) any state-funded institution of higher education or public education; or
17414 (v) any political subdivision of the state, but, if a political subdivision has adopted an
17415 ordinance or a policy relating to information practices pursuant to Section 63-2-701 , this
17416 chapter shall apply to the political subdivision to the extent specified in Section 63-2-701 or as
17417 specified in any other section of this chapter that specifically refers to political subdivisions.
17418 (b) "Governmental entity" also means every office, agency, board, bureau, committee,

17419 department, advisory board, or commission of an entity listed in Subsection (11)(a) that is
17420 funded or established by the government to carry out the public's business.
17421 (12) "Gross compensation" means every form of remuneration payable for a given
17422 period to an individual for services provided including salaries, commissions, vacation pay,
17423 severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any
17424 similar benefit received from the individual's employer.
17425 (13) "Individual" means a human being.
17426 (14) (a) "Initial contact report" means an initial written or recorded report, however
17427 titled, prepared by peace officers engaged in public patrol or response duties describing official
17428 actions initially taken in response to either a public complaint about or the discovery of an
17429 apparent violation of law, which report may describe:
17430 (i) the date, time, location, and nature of the complaint, the incident, or offense;
17431 (ii) names of victims;
17432 (iii) the nature or general scope of the agency's initial actions taken in response to the
17433 incident;
17434 (iv) the general nature of any injuries or estimate of damages sustained in the incident;
17435 (v) the name, address, and other identifying information about any person arrested or
17436 charged in connection with the incident; or
17437 (vi) the identity of the public safety personnel, except undercover personnel, or
17438 prosecuting attorney involved in responding to the initial incident.
17439 (b) Initial contact reports do not include follow-up or investigative reports prepared
17440 after the initial contact report. However, if the information specified in Subsection (14)(a)
17441 appears in follow-up or investigative reports, it may only be treated confidentially if it is
17442 private, controlled, protected, or exempt from disclosure under Subsection 63-2-201 (3)(b).
17443 (15) "Legislative body" means the Legislature.
17444 (16) "Notice of compliance" means a statement confirming that a governmental entity
17445 has complied with a records committee order.
17446 (17) "Person" means:
17447 (a) an individual;
17448 (b) a nonprofit or profit corporation;
17449 (c) a partnership;

17450 (d) a sole proprietorship;
17451 (e) other type of business organization; or
17452 (f) any combination acting in concert with one another.
17453 (18) "Private provider" means any person who contracts with a governmental entity to
17454 provide services directly to the public.
17455 (19) "Private record" means a record containing data on individuals that is private as
17456 provided by Section 63-2-302 .
17457 (20) "Protected record" means a record that is classified protected as provided by
17458 Section 63-2-304 .
17459 (21) "Public record" means a record that is not private, controlled, or protected and that
17460 is not exempt from disclosure as provided in Subsection 63-2-201 (3)(b).
17461 (22) (a) "Record" means a book, letter, document, paper, map, plan, photograph, film,
17462 card, tape, recording, electronic data, or other documentary material regardless of physical form
17463 or characteristics:
17464 (i) that is prepared, owned, received, or retained by a governmental entity or political
17465 subdivision; and
17466 (ii) where all of the information in the original is reproducible by photocopy or other
17467 mechanical or electronic means.
17468 (b) "Record" does not mean:
17469 (i) a personal note or personal communication prepared or received by an employee or
17470 officer of a governmental entity in the employee's or officer's private capacity;
17471 (ii) a temporary draft or similar material prepared for the originator's personal use or
17472 prepared by the originator for the personal use of an individual for whom the originator is
17473 working;
17474 (iii) material that is legally owned by an individual in the individual's private capacity;
17475 (iv) material to which access is limited by the laws of copyright or patent unless the
17476 copyright or patent is owned by a governmental entity or political subdivision;
17477 (v) proprietary software;
17478 (vi) junk mail or a commercial publication received by a governmental entity or an
17479 official or employee of a governmental entity;
17480 (vii) a book that is cataloged, indexed, or inventoried and contained in the collections

17481 of a library open to the public;
17482 (viii) material that is cataloged, indexed, or inventoried and contained in the collections
17483 of a library open to the public, regardless of physical form or characteristics of the material;
17484 (ix) a daily calendar or other personal note prepared by the originator for the
17485 originator's personal use or for the personal use of an individual for whom the originator is
17486 working;
17487 (x) a computer program that is developed or purchased by or for any governmental
17488 entity for its own use;
17489 (xi) a note or internal memorandum prepared as part of the deliberative process by:
17490 (A) a member of the judiciary;
17491 (B) an administrative law judge;
17492 (C) a member of the Board of Pardons and Parole; or
17493 (D) a member of any other body charged by law with performing a quasi-judicial
17494 function; or
17495 (xii) a telephone number or similar code used to access a mobile communication
17496 device that is used by an employee or officer of a governmental entity, provided that the
17497 employee or officer of the governmental entity has designated at least one business telephone
17498 number that is a public record as provided in Section 63-2-301 .
17499 (23) "Record series" means a group of records that may be treated as a unit for
17500 purposes of designation, description, management, or disposition.
17501 (24) "Records committee" means the State Records Committee created in Section
17502 63-2-501 .
17503 (25) "Records officer" means the individual appointed by the chief administrative
17504 officer of each governmental entity, or the political subdivision to work with state archives in
17505 the care, maintenance, scheduling, designation, classification, disposal, and preservation of
17506 records.
17507 (26) "Schedule," "scheduling," and their derivative forms mean the process of
17508 specifying the length of time each record series should be retained by a governmental entity for
17509 administrative, legal, fiscal, or historical purposes and when each record series should be
17510 transferred to the state archives or destroyed.
17511 (27) "Sponsored research" means research, training, and other sponsored activities as

17512 defined by the federal Executive Office of the President, Office of Management and Budget:
17513 (a) conducted:
17514 (i) by an institution within the state system of higher education defined in Section
17515 53B-1-102 ; and
17516 (ii) through an office responsible for sponsored projects or programs; and
17517 (b) funded or otherwise supported by an external:
17518 (i) person that is not created or controlled by the institution within the state system of
17519 higher education; or
17520 (ii) federal, state, or local governmental entity.
17521 (28) "State archives" means the Division of Archives and Records Service created in
17522 Section 63-2-901 .
17523 (29) "State archivist" means the director of the state archives.
17524 (30) "Summary data" means statistical records and compilations that contain data
17525 derived from private, controlled, or protected information but that do not disclose private,
17526 controlled, or protected information.
17527 Section 425. Section 63-6-1 (Effective 07/01/07) is amended to read:
17528 63-6-1 (Effective 07/01/07). Members -- Functions.
17529 (1) As used in this chapter:
17530 (a) "Political subdivision" means any county, city, town, school district, [public transit
17531 district, redevelopment] community development and renewal agency, special improvement or
17532 taxing district, [special] local district, special service district, an entity created by an interlocal
17533 agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other
17534 governmental subdivision or public corporation.
17535 (b) "State" means the state of Utah, and includes each office, department, division,
17536 agency, authority, commission, board, institution, college, university, Children's Justice Center,
17537 or other instrumentality of the state.
17538 (2) The governor, the state auditor, and the attorney general shall constitute a Board of
17539 Examiners, with power to examine all claims against the state or a political subdivision, for the
17540 payment of which funds appropriated by the Legislature or derived from any other source are
17541 not available.
17542 (3) No claim against the state or a political subdivision, for the payment of which

17543 specifically designated funds are required to be appropriated by the Legislature shall be passed
17544 upon by the Legislature without having been considered and acted upon by the Board of
17545 Examiners.
17546 (4) The governor shall be the president, and the state auditor shall be the secretary of
17547 the board, and in the absence of either an officer pro tempore may be elected from among the
17548 members of the board.
17549 Section 426. Section 63-30d-102 is amended to read:
17550 63-30d-102. Definitions.
17551 As used in this chapter:
17552 (1) "Claim" means any asserted demand for or cause of action for money or damages,
17553 whether arising under the common law, under state constitutional provisions, or under state
17554 statutes, against a governmental entity or against an employee in the employee's personal
17555 capacity.
17556 (2) (a) "Employee" includes:
17557 (i) a governmental entity's officers, employees, servants, trustees, or commissioners;
17558 (ii) members of a governing body;
17559 (iii) members of a government entity board;
17560 (iv) members of a government entity commission;
17561 (v) members of an advisory body, officers, and employees of a Children's Justice
17562 Center created in accordance with Section 67-5b-104 ;
17563 (vi) student teachers holding a letter of authorization in accordance with Sections
17564 53A-6-103 and 53A-6-104 ;
17565 (vii) educational aides;
17566 (viii) students engaged in providing services to members of the public in the course of
17567 an approved medical, nursing, or other professional health care clinical training program;
17568 (ix) volunteers as defined by Subsection 67-20-2 (3); and
17569 (x) tutors.
17570 (b) "Employee" includes all of the positions identified in Subsection (2)(a), whether or
17571 not the individual holding that position receives compensation.
17572 (c) "Employee" does not include an independent contractor.
17573 (3) "Governmental entity" means the state and its political subdivisions as both are

17574 defined in this section.
17575 (4) (a) "Governmental function" means each activity, undertaking, or operation of a
17576 governmental entity.
17577 (b) "Governmental function" includes each activity, undertaking, or operation
17578 performed by a department, agency, employee, agent, or officer of a governmental entity.
17579 (c) "Governmental function" includes a governmental entity's failure to act.
17580 (5) "Injury" means death, injury to a person, damage to or loss of property, or any other
17581 injury that a person may suffer to his person or estate, that would be actionable if inflicted by a
17582 private person or his agent.
17583 (6) "Personal injury" means an injury of any kind other than property damage.
17584 (7) "Political subdivision" means any county, city, town, school district, [public transit
17585 district, redevelopment] community development and renewal agency, special improvement or
17586 taxing district, [special] local district, special service district, an entity created by an interlocal
17587 agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other
17588 governmental subdivision or public corporation.
17589 (8) "Property damage" means injury to, or loss of, any right, title, estate, or interest in
17590 real or personal property.
17591 (9) "State" means the state of Utah, and includes each office, department, division,
17592 agency, authority, commission, board, institution, hospital, college, university, Children's
17593 Justice Center, or other instrumentality of the state.
17594 (10) "Willful misconduct" means the intentional doing of a wrongful act, or the
17595 wrongful failure to act, without just cause or excuse, where the actor is aware that his conduct
17596 will probably result in injury.
17597 Section 427. Section 63-30d-401 is amended to read:
17598 63-30d-401. Claim for injury -- Notice -- Contents -- Service -- Legal disability --
17599 Appointment of guardian ad litem.
17600 (1) (a) Except as provided in Subsection (1)(b), a claim arises when the statute of
17601 limitations that would apply if the claim were against a private person begins to run.
17602 (b) The statute of limitations does not begin to run until a claimant knew, or with the
17603 exercise of reasonable diligence should have known:
17604 (i) that the claimant had a claim against the governmental entity or its employee; and

17605 (ii) the identity of the governmental entity or the name of the employee.
17606 (c) The burden to prove the exercise of reasonable diligence is upon the claimant.
17607 (2) Any person having a claim against a governmental entity, or against its employee
17608 for an act or omission occurring during the performance of the employee's duties, within the
17609 scope of employment, or under color of authority shall file a written notice of claim with the
17610 entity before maintaining an action, regardless of whether or not the function giving rise to the
17611 claim is characterized as governmental.
17612 (3) (a) The notice of claim shall set forth:
17613 (i) a brief statement of the facts;
17614 (ii) the nature of the claim asserted;
17615 (iii) the damages incurred by the claimant so far as they are known; and
17616 (iv) if the claim is being pursued against a governmental employee individually as
17617 provided in Subsection 63-30d-202 (3)(c), the name of the employee.
17618 (b) The notice of claim shall be:
17619 (i) signed by the person making the claim or that person's agent, attorney, parent, or
17620 legal guardian; and
17621 (ii) directed and delivered by hand or by mail according to the requirements of Section
17622 68-3-8.5 to the office of:
17623 (A) the city or town clerk, when the claim is against an incorporated city or town;
17624 (B) the county clerk, when the claim is against a county;
17625 (C) the superintendent or business administrator of the board, when the claim is against
17626 a school district or board of education;
17627 (D) the presiding officer or secretary/clerk of the board, when the claim is against a
17628 [special] local district or special service district;
17629 (E) the attorney general, when the claim is against the State of Utah;
17630 (F) a member of the governing board, the executive director, or executive secretary,
17631 when the claim is against any other public board, commission, or body; or
17632 (G) the agent authorized by a governmental entity to receive the notice of claim by the
17633 governmental entity under Subsection (5)(e).
17634 (4) (a) If an injury that may reasonably be expected to result in a claim against a
17635 governmental entity is sustained by a claimant who is under the age of majority or mentally

17636 incompetent, that governmental entity may file a request with the court for the appointment of a
17637 guardian ad litem for the potential claimant.
17638 (b) If a guardian ad litem is appointed, the time for filing a claim under Section
17639 63-30d-402 begins when the order appointing the guardian is issued.
17640 (5) (a) Each governmental entity subject to suit under this chapter shall file a statement
17641 with the Division of Corporations and Commercial Code within the Department of Commerce
17642 containing:
17643 (i) the name and address of the governmental entity;
17644 (ii) the office or agent designated to receive a notice of claim; and
17645 (iii) the address at which it is to be directed and delivered.
17646 (b) Each governmental entity shall update its statement as necessary to ensure that the
17647 information is accurate.
17648 (c) The Division of Corporations and Commercial Code shall develop a form for
17649 governmental entities to complete that provides the information required by Subsection (5)(a).
17650 (d) (i) Newly incorporated municipalities shall file the statement required by
17651 Subsection (5)(a) at the time that the statement of incorporation and boundaries is filed with the
17652 lieutenant governor under Section 10-1-106 .
17653 (ii) Newly incorporated [special] local districts shall file the statement required by
17654 Subsection (5)(a) at the time that the written notice [of creation of the district] is filed with the
17655 [State Tax Commission and State Auditor] lieutenant governor under [Sections 17A-1-102 and
17656 17B-3-215 ] Section 17B-1-215 .
17657 (e) A governmental entity may, in its statement, identify an agent authorized by the
17658 entity to accept notices of claim on its behalf.
17659 (6) The Division of Corporations and Commercial Code shall:
17660 (a) maintain an index of the statements required by this section arranged both
17661 alphabetically by entity and by county of operation; and
17662 (b) make the indices available to the public both electronically and via hard copy.
17663 (7) A governmental entity may not challenge the validity of a notice of claim on the
17664 grounds that it was not directed and delivered to the proper office or agent if the error is caused
17665 by the governmental entity's failure to file or update the statement required by Subsection (5).
17666 Section 428. Section 63-38-3.3 is amended to read:

17667 63-38-3.3. Payment of fees prerequisite to service -- Exception.
17668 (1) (a) State and county officers required by law to charge fees may not perform any
17669 official service unless the fees prescribed for that service are paid in advance.
17670 (b) When the fee is paid, the officer shall perform the services required.
17671 (c) An officer is liable upon the officer's official bond for every failure or refusal to
17672 perform an official duty when the fees are tendered.
17673 (2) (a) Except as provided in Subsection (2)(b), no fees may be charged:
17674 (i) to the officer's state, or any county or subdivision of the state;
17675 (ii) to any public officer acting for the state, county, or subdivision;
17676 (iii) in cases of habeas corpus;
17677 (iv) in criminal causes before final judgment;
17678 (v) for administering and certifying the oath of office;
17679 (vi) for swearing pensioners and their witnesses; or
17680 (vii) for filing and recording bonds of public officers.
17681 (b) Fees may be charged for payment:
17682 (i) of recording fees for [county and municipal improvement district] assessment area
17683 recordings in compliance with [Sections 17A-3-207 and 17A-3-307 ] Section 11-42-205 ;
17684 (ii) of recording fees for judgments recorded in compliance with Sections 57-3-106 and
17685 78-5-119; and
17686 (iii) to the state engineer under Section 73-2-14 .
17687 Section 429. Section 63-38d-102 is amended to read:
17688 63-38d-102. Definitions.
17689 As used in this chapter:
17690 (1) "Committee" means the Resource Development Coordinating Committee created
17691 by this chapter.
17692 (2) "Director" means the chief administrative officer of the Governor's Office of
17693 Planning and Budget appointed as provided in this chapter.
17694 (3) "Office" means the Governor's Office of Planning and Budget created by this
17695 chapter.
17696 (4) "Political subdivision" means a county, municipality, [special] local district, special
17697 service district, school district, interlocal cooperation agreement entity, or any administrative

17698 subunit of them.
17699 (5) "State planning coordinator" means the person appointed as planning coordinator as
17700 provided in this chapter.
17701 Section 430. Section 63-38d-601 is amended to read:
17702 63-38d-601. Definitions.
17703 As used in this part:
17704 (1) "Coordinator" means the public lands policy coordinator appointed in this part.
17705 (2) "Council" means the Public Lands Policy Coordinating Council created by this part.
17706 (3) "Office" means the Public Lands Policy Coordinating Office created by this part.
17707 (4) "Political subdivision" means a county, municipality, [special] local district, special
17708 service district, school district, interlocal cooperation agreement entity, or any administrative
17709 subunit of them.
17710 (5) "State planning coordinator" means the person appointed under Subsection
17711 63-38d-202 (1)(a)(ii).
17712 Section 431. Section 63-38f-2002 is amended to read:
17713 63-38f-2002. Definitions.
17714 As used in this part:
17715 (1) "Board" means the Board of Business and Economic Development created by
17716 Section 63-38f-301 .
17717 (2) "Business incubator expense" means an expense relating to funding a program that
17718 is:
17719 (a) designed to provide business support services and resources to one or more
17720 business entities within a project area during the business entities' early stages of development;
17721 and
17722 (b) determined to be a business incubator by the board.
17723 (3) "Business rehabilitation expense" means an expense relating to the renovation or
17724 rehabilitation of an existing building within a project area as determined by the board.
17725 (4) "Debt service" means the payment of debt service on a bond issued to pay a:
17726 (a) business rehabilitation expense relating to a project; or
17727 (b) public infrastructure expense relating to a project.
17728 (5) "Eligible county" means a county of the third, fourth, fifth, or sixth class.

17729 (6) "Eligible expense" means an expense:
17730 (a) incurred by an eligible county;
17731 (b) relating to a project; and
17732 (c) that is:
17733 (i) a business incubator expense;
17734 (ii) debt service; or
17735 (iii) a public infrastructure expense.
17736 (7) "Project" means an economic development project:
17737 (a) as determined by the board; and
17738 (b) for which an eligible county applies to the board in accordance with this part for a
17739 loan or grant to assist the eligible county in paying an eligible expense.
17740 (8) "Project area" means the geographic area within which a project is implemented by
17741 an eligible county.
17742 (9) "Public infrastructure expense" means an expense relating to a publicly owned
17743 improvement located within a project area if:
17744 (a) the expense is:
17745 (i) incurred for:
17746 (A) construction;
17747 (B) demolition;
17748 (C) design;
17749 (D) engineering;
17750 (E) an environmental impact study;
17751 (F) environmental remediation; or
17752 (G) rehabilitation; or
17753 (ii) similar to an expense described in Subsection (9)(a)(i) as determined by the board;
17754 and
17755 (b) the publicly owned improvement is:
17756 (i) not a building as determined by the board; and
17757 (ii) necessary to support a project as determined by the board.
17758 (10) "Publicly owned improvement" means an improvement to real property if:
17759 (a) the real property is owned by:

17760 (i) the United States;
17761 (ii) the state; or
17762 (iii) a political subdivision:
17763 (A) as defined in Section [ 17B-2-101 ] 17B-1-102 ; and
17764 (B) of the state; and
17765 (b) the improvement relates to:
17766 (i) a sewage system including a system for collection, transport, storage, treatment,
17767 dispersal, effluent use, or discharge;
17768 (ii) a drainage or flood control system, including a system for collection, transport,
17769 diversion, storage, detention, retention, dispersal, use, or discharge;
17770 (iii) a water system including a system for production, collection, storage, treatment,
17771 transport, delivery, connection, or dispersal;
17772 (iv) a highway, street, or road system for vehicular use for travel, ingress, or egress;
17773 (v) a rail transportation system;
17774 (vi) a system for pedestrian use for travel, ingress, or egress;
17775 (vii) a public utility system including a system for electricity, gas, or
17776 telecommunications; or
17777 (viii) a system or device that is similar to a system or device described in Subsections
17778 (10)(b)(i) through (vii) as determined by the board.
17779 (11) "Restricted account" means the Business Development for Disadvantaged Rural
17780 Communities Restricted Account created by Section 63-38f-2003 .
17781 Section 432. Section 63-51-2 is amended to read:
17782 63-51-2. Definitions.
17783 As used in this chapter:
17784 (1) "Commencement of construction" means any clearing of land, excavation, or
17785 construction but does not include preliminary site review, including soil tests, topographical
17786 surveys, exploratory drilling, boring or mining, or other preliminary tests.
17787 (2) "Developer" means any person engaged or to be engaged in industrial development
17788 or the development or utilization of natural resources in this state through a natural resource or
17789 industrial facility, including owners, contract purchases of owners, and persons who, as a lessee
17790 or under an agreement, are engaged or to be engaged in industrial development or the

17791 development or utilization of natural resources in this state through a natural resource or
17792 industrial facility.
17793 (3) "Major developer" means any developer whose proposed new or additional natural
17794 resource facility or industrial facility is projected:
17795 (a) To employ more than 500 people; or
17796 (b) To cause the population of an affected unit of local government to increase by more
17797 than 5%, the increase to include the primary work force of the facility and their dependents and
17798 the work force and dependents attributable to commercial and public service employment
17799 created by the presence of the facility.
17800 (4) "Natural resource facility" or "industrial facility" means any land, structure,
17801 building, plant, mine, road, installation, excavation, machinery, equipment, or device, or any
17802 addition to, reconstruction, replacement, or improvement of, land or an existing structure,
17803 building, plant, mine, road, installation, excavation, machinery, or device reasonably used,
17804 erected, constructed, acquired, or installed by any person, if a substantial purpose of or result of
17805 the use, erection, construction, acquisition, rental, lease, or installation is related to industrial
17806 development or the development or utilization of the natural resources in this state.
17807 (5) "Person" includes any individual, firm, co-partnership, joint venture, corporation,
17808 estate, trust, business trust, syndicate, or any group or combination acting as a unit.
17809 (6) "Unit of local government" means any county, municipality, school district,
17810 [special] local district, special service district, or any other political subdivision of the state.
17811 Section 433. Section 63-56-102 is amended to read:
17812 63-56-102. Application of chapter.
17813 (1) This chapter applies only to contracts solicited or entered into after the effective
17814 date of this chapter unless the parties agree to its application to a contract solicited or entered
17815 into prior to the effective date.
17816 (2) Except as provided in Section 63-56-103 , this chapter shall apply to every
17817 expenditure of public funds irrespective of their source, including federal assistance, by any
17818 state agency under any contract.
17819 (3) (a) Only the following sections shall apply to local public procurement units:
17820 Sections 63-56-103 , 63-56-105 , 63-56-301 , 63-56-303 through 63-56-420 , 63-56-422 ,
17821 63-56-501 through 63-56-602 , 63-56-801 through 63-56-806 , and 63-56-815 through

17822 63-56-819 ; provided, however, that, except as provided in Sections 63-56-906 and 63-56-907 ,
17823 the jurisdiction of the procurement appeals board is limited to matters involving state agencies.
17824 (b) Subsections 63-56-208 (1)(b), 63-56-503 (4), and 63-56-504 (2) also apply to local
17825 public procurement units.
17826 (c) For the purpose of application of those sections and subsections to a local public
17827 procurement unit, "state" shall mean "local public procurement unit," "chief procurement
17828 officer" or "head of a purchasing agency" shall mean any person conducting procurement for a
17829 local public procurement unit, and "rules and regulations" shall mean ordinances and rules and
17830 regulations promulgated by a local public procurement unit to implement or supplement those
17831 sections.
17832 (d) In addition to the sections and subsections listed above and except as provided in
17833 [Section 17A-1-801 ] Subsection 17B-1-108 (3) relating to [special] local districts, each local
17834 public procurement unit shall adopt ordinances relating to the procurement of
17835 architect-engineer services not inconsistent with the provisions of Part 7, Architect-Engineer
17836 Services.
17837 (e) Any other section of this chapter, or its implementing regulations, may be adopted
17838 by any local public procurement unit.
17839 (f) Any other implementing regulations adopted by local public procurement units may
17840 not be inconsistent with the provisions of this chapter.
17841 (4) Unless otherwise provided by statute, this chapter does not apply to procurement of
17842 real property.
17843 Section 434. Section 63-56-201 is amended to read:
17844 63-56-201. Creation of procurement policy board.
17845 (1) (a) There is created a state procurement policy board.
17846 (b) The policy board shall consist of eight members who shall be appointed as follows:
17847 (i) an employee of a state institution of higher education, appointed by the board of
17848 regents;
17849 (ii) an employee of the Department of Human Services, appointed by the executive
17850 director of that department;
17851 (iii) an employee of the Department of Transportation, appointed by the executive
17852 director of that department;

17853 (iv) an employee of a school district appointed by a cooperative purchasing entity for
17854 school districts;
17855 (v) an employee of the Division of Facilities Construction and Management appointed
17856 by the director of that division;
17857 (vi) an employee of a county, appointed by the Utah Association of Counties;
17858 (vii) an employee of a city, appointed by the Utah League of Cities and Towns; and
17859 (viii) an employee of a [special] local district or special service district, appointed by
17860 the Utah Association of Special Districts.
17861 (c) Members of the policy board shall be knowledgeable and experienced in, and have
17862 supervisory responsibility for, procurement in their official positions.
17863 (2) Members shall be appointed to four-year staggered terms.
17864 (3) When a vacancy occurs in the membership for any reason, the replacement shall be
17865 appointed for the unexpired term.
17866 (4) (a) The policy board shall:
17867 (i) adopt rules of procedure for conducting its business; and
17868 (ii) elect a chair to serve for one year.
17869 (b) The chair may be elected to succeeding terms.
17870 (c) The chief procurement officer shall serve as the nonvoting secretary to the policy
17871 board.
17872 (5) (a) (i) Members who are not government employees shall receive no compensation
17873 or benefits for their services, but may receive per diem and expenses incurred in the
17874 performance of the member's official duties at the rates established by the Division of Finance
17875 under Sections 63A-3-106 and 63A-3-107 .
17876 (ii) Members may decline to receive per diem and expenses for their service.
17877 (b) (i) State government officer and employee members who do not receive salary, per
17878 diem, or expenses from their agency for their service may receive per diem and expenses
17879 incurred in the performance of their official duties from the board at the rates established by the
17880 Division of Finance under Sections 63A-3-106 and 63A-3-107 .
17881 (ii) State government officer and employee members may decline to receive per diem
17882 and expenses for their service.
17883 (c) (i) Higher education members who do not receive salary, per diem, or expenses

17884 from the entity that they represent for their service may receive per diem and expenses incurred
17885 in the performance of their official duties from the committee at the rates established by the
17886 Division of Finance under Sections 63A-3-106 and 63A-3-107 .
17887 (ii) Higher education members may decline to receive per diem and expenses for their
17888 service.
17889 (d) (i) Local government members who do not receive salary, per diem, or expenses
17890 from the entity that they represent for their service may receive per diem and expenses incurred
17891 in the performance of their official duties at the rates established by the Division of Finance
17892 under Sections 63A-3-106 and 63A-3-107 .
17893 (ii) Local government members may decline to receive per diem and expenses for their
17894 service.
17895 Section 435. Section 63-90a-1 is amended to read:
17896 63-90a-1. Definitions.
17897 As used in this chapter:
17898 (1) "Constitutional taking issues" means actions involving the physical taking or
17899 exaction of private real property by a political subdivision that might require compensation to a
17900 private real property owner because of:
17901 (a) the Fifth or Fourteenth Amendment of the Constitution of the United States;
17902 (b) Article I, Section 22 of the Utah Constitution; or
17903 (c) any recent court rulings governing the physical taking or exaction of private real
17904 property by a government entity.
17905 (2) "Political subdivision" means a county, municipality, [special] local district, special
17906 service district, school district, or other local government entity.
17907 Section 436. Section 63-90b-102 is amended to read:
17908 63-90b-102. Definitions.
17909 As used in this chapter:
17910 (1) "Free exercise of religion" means an act or refusal to act that is substantially
17911 motivated by sincere religious belief, whether or not the act or refusal is compulsory or central
17912 to a larger system of religious belief, and includes the use, building, or conversion of real
17913 property for the purpose of religious exercise.
17914 (2) "Government entity" means the state, a county, a municipality, a higher education

17915 institution, a [special] local district, a special service district, any other political subdivision of
17916 the state, or any administrative subunit of any of them.
17917 (3) "Land use regulation" means any state or local law or ordinance, whether statutory
17918 or otherwise, that limits or restricts a person's use or development of land or a structure affixed
17919 to land.
17920 (4) "Person" means any individual, partnership, corporation, or other legal entity that
17921 owns an interest in real property.
17922 Section 437. Section 63-91-102 is amended to read:
17923 63-91-102. Definitions.
17924 As used in this chapter:
17925 (1) "Agency head" means a cabinet officer, an elected official, an executive director, or
17926 a board or commission vested with responsibility to administer or make policy for a state
17927 agency.
17928 (2) "Agency internal audit director" or "audit director" means the person appointed by
17929 the agency head, with the approval of the audit committee if one has been established, to direct
17930 the internal audit function for the state agency.
17931 (3) "Appointing authority" means:
17932 (a) the governor, for state agencies;
17933 (b) the Judicial Council, for judicial branch agencies;
17934 (c) the Board of Regents, for higher education entities; and
17935 (d) the State Board of Education, for the State Office of Education.
17936 (4) "Audit committee" means a standing committee whose members are appointed by
17937 an appointing authority:
17938 (a) from members of the agency governing board; and
17939 (b) from individuals who do not have administrative responsibilities within the agency
17940 who have the expertise to provide effective oversight of and advice about internal audit
17941 activities and services.
17942 (5) "Audit plan" means a list of audits to be performed by the internal audit
17943 organization within a specified period of time.
17944 (6) "Agency governing board" is any board or commission that has policy making and
17945 oversight responsibility over the agency, including the authority to appoint and remove the

17946 agency director.
17947 (7) "Higher education entity" means the board of regents, the institutional councils of
17948 each higher education institution, and each higher education institution.
17949 (8) "Internal audit" means an independent appraisal activity established within a state
17950 agency as a control system to examine and evaluate the adequacy and effectiveness of other
17951 control systems within the agency.
17952 (9) "Judicial branch agency" means each administrative entity of the judicial branch.
17953 (10) (a) "State agency" means:
17954 (i) each department, commission, board, council, agency, institution, officer,
17955 corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel,
17956 or other administrative unit of the state; and
17957 (ii) each state public education entity.
17958 (b) "State agency" does not mean:
17959 (i) a legislative branch agency;
17960 (ii) an independent agency;
17961 (iii) a county, municipality, school district, [or special] local district, or special service
17962 district; or
17963 (iv) any administrative subdivision of a county, municipality, school district, [or
17964 special] local district, or special service district.
17965 Section 438. Section 63-93-102 is amended to read:
17966 63-93-102. Definitions.
17967 As used in this chapter:
17968 (1) "Attribution" means to be responsible for the truth, correctness, and accuracy of a
17969 report.
17970 (2) "Chief executive officer" means:
17971 (a) the governor, for the state;
17972 (b) the chair of the county commission or the county executive, for a county; and
17973 (c) the mayor, for a municipality, or if governed under a council-manager form of
17974 government, the chair of the council.
17975 (3) "Government entity" includes the state, its agencies and institutions, each county,
17976 municipality, school district, [and special] local district, and special service district in Utah.

17977 (4) "Promotional literature" means reports whose primary or secondary purpose is to
17978 provide nonresidents with information about the government entity that produced the report.
17979 (5) (a) "Report" means each account, statement, record of proceedings, summary of
17980 activities, and other written or printed document required by statute that is prepared or
17981 produced by a government entity that is distributed to the public.
17982 (b) "Report" does not mean written or printed documents whose primary purpose is to
17983 provide biographical information about government officials.
17984 Section 439. Section 63-96-102 is amended to read:
17985 63-96-102. Definitions.
17986 As used in this chapter:
17987 (1) (a) "Contribution" means any of the following:
17988 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
17989 value to a fund;
17990 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
17991 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
17992 anything of value to a fund; or
17993 (iii) any transfer of funds from another elected official or surrogate to the filing elected
17994 official's or surrogate's fund.
17995 (b) "Contribution" does not include money lent to the elected official or surrogate by a
17996 financial institution in the ordinary course of business.
17997 (2) "Disbursement" means monies, transfers, or other withdrawals from a fund for any
17998 purpose.
17999 (3) "Elected official" means each person elected to a state office, county office,
18000 municipal office, school board or school district office, [or special] local district office, or
18001 special service district office, but does not include judges standing for retention election.
18002 (4) (a) "Fund" means any sum of money or other resources, however titled or
18003 described, that is segregated, designated, or set aside for the use or benefit of an elected
18004 official.
18005 (b) "Fund" does not mean:
18006 (i) an elected official's or surrogate's private money or public money; or
18007 (ii) campaign funds or accounts established by candidates under the authority of Title

18008 20A, Chapter 11, Part 2, State Office Candidates -- Campaign Organization and Financial
18009 Reporting Requirements, Title 20A, Chapter 11, Part 3, Candidates for Legislative Office --
18010 Campaign Organization and Financial Reporting Requirements, and Title 20A, Chapter 11,
18011 Part 4, Officeholder Financial Reporting Requirement.
18012 (5) "Private money" means personal monies used to pay normal expenses for which an
18013 elected official or surrogate is personally liable for state and federal taxes.
18014 (6) "Public money" means monies controlled by an elected official or surrogate in their
18015 public capacity that are accounted for by a governmental entity.
18016 (7) "Surrogate" means any committee, party, organization, or other person or group
18017 who holds or maintains a fund for the benefit of an elected official.
18018 Section 440. Section 63A-9-401 is amended to read:
18019 63A-9-401. Division -- Duties.
18020 (1) The division shall:
18021 (a) perform all administrative duties and functions related to management of state
18022 vehicles;
18023 (b) coordinate all purchases of state vehicles;
18024 (c) establish one or more fleet automation and information systems for state vehicles;
18025 (d) make rules establishing requirements for:
18026 (i) maintenance operations for state vehicles;
18027 (ii) use requirements for state vehicles;
18028 (iii) fleet safety and loss prevention programs;
18029 (iv) preventative maintenance programs;
18030 (v) procurement of state vehicles, including vehicle standards, alternative fuel vehicle
18031 requirements, short-term lease programs, equipment installation, and warranty recovery
18032 programs;
18033 (vi) fuel management programs;
18034 (vii) cost management programs;
18035 (viii) business and personal use practices, including commute standards;
18036 (ix) cost recovery and billing procedures;
18037 (x) disposal of state vehicles;
18038 (xi) reassignment of state vehicles and reallocation of vehicles throughout the fleet;

18039 (xii) standard use and rate structures for state vehicles; and
18040 (xiii) insurance and risk management requirements;
18041 (e) establish a parts inventory;
18042 (f) create and administer a fuel dispensing services program that meets the
18043 requirements of Subsection (2);
18044 (g) emphasize customer service when dealing with agencies and agency employees;
18045 (h) conduct an annual audit of all state vehicles for compliance with division
18046 requirements;
18047 (i) before charging a rate, fee, or other amount to an executive branch agency, or to a
18048 subscriber of services other than an executive branch agency:
18049 (i) submit the proposed rates, fees, and cost analysis to the Rate Committee established
18050 in Section 63A-1-114 ; and
18051 (ii) obtain the approval of the Legislature as required by Section 63-38-3.5 ; and
18052 (j) conduct a market analysis by July 1, 2005, and periodically thereafter, of proposed
18053 rates and fees, which analysis shall include a comparison of the division's rates and fees with
18054 the fees of other public or private sector providers where comparable services and rates are
18055 reasonably available.
18056 (2) The division shall operate a fuel dispensing services program in a manner that:
18057 (a) reduces the risk of environmental damage and subsequent liability for leaks
18058 involving state-owned underground storage tanks;
18059 (b) eliminates fuel site duplication and reduces overall costs associated with fuel
18060 dispensing;
18061 (c) provides efficient fuel management and efficient and accurate accounting of
18062 fuel-related expenses;
18063 (d) where practicable, privatizes portions of the state's fuel dispensing system;
18064 (e) provides central planning for fuel contingencies;
18065 (f) establishes fuel dispensing sites that meet geographical distribution needs and that
18066 reflect usage patterns;
18067 (g) where practicable, uses alternative sources of energy; and
18068 (h) provides safe, accessible fuel supplies in an emergency.
18069 (3) The division shall:

18070 (a) ensure that the state and each of its agencies comply with state and federal law and
18071 state and federal rules and regulations governing underground storage tanks;
18072 (b) coordinate the installation of new state-owned underground storage tanks and the
18073 upgrading or retrofitting of existing underground storage tanks; and
18074 (c) ensure that counties, municipalities, school districts, [and special] local districts,
18075 and special service districts subscribing to services provided by the division sign a contract
18076 that:
18077 (i) establishes the duties and responsibilities of the parties;
18078 (ii) establishes the cost for the services; and
18079 (iii) defines the liability of the parties.
18080 (4) The executive director of the Department of Administrative Services may make
18081 rules governing fuel dispensing according to the procedures and requirements of Title 63,
18082 Chapter 46a, Utah Administrative Rulemaking Act.
18083 (5) (a) (i) Each state agency and each higher education institution shall subscribe to the
18084 fuel dispensing services provided by the division.
18085 (ii) A state agency may not provide or subscribe to any other fuel dispensing services,
18086 systems, or products other than those provided by the division.
18087 (b) Counties, municipalities, school districts, [special] local districts, special service
18088 districts, and federal agencies may subscribe to the fuel dispensing services provided by the
18089 division if:
18090 (i) the county or municipal legislative body, the school district, or the [special] local
18091 district or special service district board recommends that the county, municipality, school
18092 district, [or special] local district, or special service district subscribe to the fuel dispensing
18093 services of the division; and
18094 (ii) the division approves participation in the program by that government unit.
18095 (6) The director, with the approval of the executive director, may delegate functions to
18096 institutions of higher education, by contract or other means authorized by law, if:
18097 (a) the agency or institution of higher education has requested the authority;
18098 (b) in the judgment of the director, the state agency or institution has the necessary
18099 resources and skills to perform the delegated responsibilities; and
18100 (c) the delegation of authority is in the best interest of the state and the function

18101 delegated is accomplished according to provisions contained in law or rule.
18102 Section 441. Section 63C-7-103 is amended to read:
18103 63C-7-103. Definitions.
18104 As used in this chapter:
18105 (1) "Board" means the Utah Communications Agency Network Board created in
18106 Section 63C-7-201 .
18107 (2) "Bonds" means bonds, notes, certificates, debentures, contracts, lease purchase
18108 agreements, or other evidences of indebtedness or borrowing issued or incurred by the Utah
18109 Communications Agency Network pursuant to this chapter.
18110 (3) "Communications network" means a regional or statewide public safety
18111 governmental communications network and related facilities, including real property,
18112 improvements, and equipment necessary for the acquisition, construction, and operation of the
18113 services and facilities.
18114 (4) "Effective date" means the first date after which the Utah Communications Agency
18115 Network is officially created and shall be the first date after which:
18116 (a) at least ten public agencies have submitted to the Utah Communications Agency
18117 Network office the membership resolutions required to become a member; and
18118 (b) the governor has appointed the four state representatives to the executive
18119 committee.
18120 (5) "Executive Committee" means the administrative body of the Utah
18121 Communications Agency Network created in Section 63C-7-205 .
18122 (6) "Lease" means any lease, lease purchase, sublease, operating, management, or
18123 similar agreement.
18124 (7) "Member" means a public agency which:
18125 (a) adopts a membership resolution to be included within the Utah Communications
18126 Agency Network; and
18127 (b) submits an originally executed copy of an authorizing resolution to the Utah
18128 Communications Agency Network office.
18129 (8) "Member representative" means a person or that person's designee appointed by the
18130 governing body of each member.
18131 (9) "Public agency" means any political subdivision of the state, including cities,

18132 towns, counties, school districts, [and special] local districts, and special service districts,
18133 dispatched by a public safety answering point.
18134 (10) "Public safety answering point" means an organization, entity, or combination of
18135 entities which have joined together to form a central answering point for the receipt,
18136 management, and dissemination to the proper responding agency, of emergency and
18137 nonemergency communications, including 911 calls, police, fire, emergency medical,
18138 transportation, parks, wildlife, corrections, and any other governmental communications.
18139 (11) "State" means the state of Utah.
18140 (12) "State representative" means:
18141 (a) the four appointees of the governor or their designees; and
18142 (b) the Utah State Treasurer or his designee.
18143 Section 442. Section 63D-2-102 is amended to read:
18144 63D-2-102. Definitions.
18145 As used in this chapter:
18146 (1) (a) "Collect" means the gathering of personally identifiable information:
18147 (i) from a user of a governmental website; or
18148 (ii) about a user of the governmental website.
18149 (b) "Collect" includes use of any identifying code linked to a user of a governmental
18150 website.
18151 (2) "Court website" means a website on the Internet that is operated by or on behalf of
18152 any court created in Title 78, Judicial Code.
18153 (3) "Governmental entity" means:
18154 (a) an executive branch agency as defined in Section 63D-1a-102 ;
18155 (b) the legislative branch;
18156 (c) the judicial branch;
18157 (d) the State Board of Education;
18158 (e) the Board of Regents;
18159 (f) an institution of higher education; and
18160 (g) a political subdivision of the state:
18161 (i) as defined in Section [ 17B-2-101 ] 17B-1-102 ; and
18162 (ii) including a school district.

18163 (4) (a) "Governmental website" means a website on the Internet that is operated by or
18164 on behalf of a governmental entity.
18165 (b) "Governmental website" includes a court website.
18166 (5) "Governmental website operator" means a governmental entity or person acting on
18167 behalf of the governmental entity that:
18168 (a) operates a governmental website; and
18169 (b) collects or maintains personally identifiable information from or about a user of that
18170 website.
18171 (6) "Personally identifiable information" means information that identifies:
18172 (a) a user by:
18173 (i) name;
18174 (ii) account number;
18175 (iii) physical address;
18176 (iv) email address;
18177 (v) telephone number;
18178 (vi) Social Security number;
18179 (vii) credit card information; or
18180 (viii) bank account information;
18181 (b) a user as having requested or obtained specific materials or services from a
18182 governmental website;
18183 (c) Internet sites visited by a user; or
18184 (d) any of the contents of a user's data-storage device.
18185 (7) "User" means a person who accesses a governmental website.
18186 Section 443. Section 63E-1-102 is amended to read:
18187 63E-1-102. Definitions.
18188 As used in this title:
18189 (1) "Authorizing statute" means the statute creating an entity as an independent entity.
18190 (2) "Committee" means the Retirement and Independent Entities Committee created in
18191 Section 63E-1-201 .
18192 (3) "Independent corporation" means a corporation incorporated in accordance with
18193 Chapter 2, Independent Corporations Act.

18194 (4) (a) "Independent entity" means an entity having a public purpose relating to the
18195 state or its citizens that is individually created by the state or is given by the state the right to
18196 exist and conduct its affairs as an:
18197 (i) independent state agency; or
18198 (ii) independent corporation.
18199 (b) "Independent entity" includes the:
18200 (i) Dairy Commission created in Title 4, Chapter 22, Dairy Promotion Act;
18201 (ii) Heber Valley Railroad Authority created in Title 9, Chapter 3, Part 3, Heber Valley
18202 Historic Railroad Authority;
18203 (iii) Utah Science Center Authority created in Title 9, Chapter 3, Part 4, Utah Science
18204 Center Authority;
18205 (iv) Utah Housing Corporation created in Title 9, Chapter 4, Part 9, Utah Housing
18206 Corporation Act;
18207 (v) Utah State Fair Corporation created in Title 9, Chapter 4, Part 11, Utah State Fair
18208 Corporation Act;
18209 (vi) Workers' Compensation Fund created in Title 31A, Chapter 33, Workers'
18210 Compensation Fund;
18211 (vii) Utah State Retirement Office created in Title 49, Chapter 11, Utah State
18212 Retirement Systems Administration;
18213 (viii) School and Institutional Trust Lands Administration created in Title 53C, Chapter
18214 1, Part 2, School and Institutional Trust Lands Administration;
18215 (ix) Utah Communications Agency Network created in Title 63C, Chapter 7, Utah
18216 Communications Agency Network Act; and
18217 (x) Utah Capital Investment Corporation created in Title 63, Chapter 38f, Part 12, Utah
18218 Venture Capital Enhancement Act.
18219 (c) Notwithstanding this Subsection (4), "independent entity" does not include:
18220 (i) the Public Service Commission of Utah created in Section 54-1-1 ;
18221 (ii) an institution within the state system of higher education;
18222 (iii) a city, county, or town;
18223 (iv) a local school district;
18224 [(v) a special district created under the authority of Title 17A, Special Districts; or]

18225 [(vi)] (v) a local district created under the authority of Title 17B, Limited Purpose
18226 Local Government Entities[.] - Local Districts; or
18227 (vi) a special service district under Title 17A, Chapter 2, Part 13, Utah Special Service
18228 District Act.
18229 (5) "Independent state agency" means an entity that is created by the state, but is
18230 independent of the governor's direct supervisory control.
18231 (6) "Monies held in trust" means monies maintained for the benefit of:
18232 (a) one or more private individuals, including public employees;
18233 (b) one or more public or private entities; or
18234 (c) the owners of a quasi-public corporation.
18235 (7) "Public corporation" means an artificial person, public in ownership, individually
18236 created by the state as a body politic and corporate for the administration of a public purpose
18237 relating to the state or its citizens.
18238 (8) "Quasi-public corporation" means an artificial person, private in ownership,
18239 individually created as a corporation by the state which has accepted from the state the grant of
18240 a franchise or contract involving the performance of a public purpose relating to the state or its
18241 citizens.
18242 Section 444. Section 63F-1-507 is amended to read:
18243 63F-1-507. State Geographic Information Database.
18244 (1) There is created a State Geographic Information Database to be managed by the
18245 center.
18246 (2) The database shall:
18247 (a) serve as the central reference for all information contained in any GIS database by
18248 any state agency;
18249 (b) serve as a clearing house and repository for all data layers required by multiple
18250 users;
18251 (c) serve as a standard format for geographic information acquired, purchased, or
18252 produced by any state agency; and
18253 (d) include an accurate representation of all civil subdivision boundaries of the state.
18254 (3) Each state agency that acquires, purchases, or produces digital geographic
18255 information data shall:

18256 (a) inform the center of the existence of the data layers and their geographic extent;
18257 (b) allow the center access to all data classified public; and
18258 (c) comply with any database requirements established by the center.
18259 (4) At least annually, the State Tax Commission shall deliver to the center information
18260 the State Tax Commission receives under Sections 10-1-116 , 11-13-204 , 11-13-205 , 17-2-4 ,
18261 17-2-9 , 17-3-3 , [ 17A-1-102 , 17B-2-215 ] 17B-1-215 , and 17C-1-201 relating to the creation or
18262 modification of the boundaries of the political subdivisions that are the subject of those
18263 sections.
18264 Section 445. Section 67-1a-6.5 is amended to read:
18265 67-1a-6.5. Lieutenant governor certification of governmental entity creation,
18266 consolidation, division, dissolution, or boundary change.
18267 (1) As used in this section:
18268 (a) "AGRC" means the Automated Geographic Reference Center created under Section
18269 63F-1-506 .
18270 (b) "Boundary change" means the adjustment of an entity's boundary either through
18271 gaining territory (annexation), losing territory (withdrawal), adjusting the common boundary
18272 with an adjacent entity (may gain territory, lose territory, or a combination of both gaining and
18273 losing territory), or any other adjustment of the entity's boundary.
18274 (c) "Consolidation" means the combining of two or more entities into a single entity
18275 such that the consolidated entity's boundary contains all of the territory of the original entities,
18276 but no additional territory.
18277 (d) "County attorney" means the county attorney of each county which contains any
18278 part of the area affected by the entity creation, consolidation, division, dissolution, or boundary
18279 change.
18280 (e) (i) "County auditor" means the county auditor of each county which contains any
18281 part of the area affected by the entity creation, consolidation, division, dissolution, or boundary
18282 change.
18283 (ii) If the county does not have a county auditor, "county auditor" means the county
18284 clerk or other government official acting as the county auditor.
18285 (f) "County recorder" means the county recorder of each county which contains any
18286 part of the area affected by the entity creation, consolidation, division, dissolution, or boundary

18287 change.
18288 (g) "County surveyor" means the county surveyor of each county which contains any
18289 part of the area affected by the entity creation, consolidation, division, dissolution, or boundary
18290 change.
18291 (h) "Creation" means the forming of a new entity where that entity did not exist before
18292 its creation.
18293 (i) "Dissolution" means the disbandment of an entity.
18294 (j) "Division" means the dividing of one entity into two or more entities such that the
18295 original entity's boundary contains all of the territory of the resultant entities, but no additional
18296 territory.
18297 (k) "Entity" means the entity that is created, consolidated, divided, dissolved, or whose
18298 boundary is changed.
18299 (l) "Initiating body" means the county legislative body, municipal legislative body,
18300 [special district board,] local district or special service district board, court, public official, or
18301 other authorized person that initiates the creation, dissolution, consolidation, or boundary
18302 change of an entity or entities.
18303 (m) "Notice of entity boundary change" means the notice the lieutenant governor
18304 receives under Subsection 10-1-116 (1), 10-2-419 (4), 10-2-425 (1), 10-2-507 (1), 17-2-9 (2),
18305 17-2-13 (3), 17-50-104 (3), 17-50-105 (1)(b) or (2)(e), 17A-2-1327 (4), [ 17B-2-514 ]
18306 17B-1-414 (2), [ 17B-2-516 ] 17B-1-417 (6), [ 17B-2-610 ] 17B-1-512 (1), or 53A-2-101.5 (1) of an
18307 entity's pending boundary change.
18308 (n) "Notice of entity consolidation" means the notice the lieutenant governor receives
18309 under Section 10-2-610 or Subsection 10-1-116 (1) or 17-2-4 (2) of entities' pending
18310 consolidation.
18311 (o) "Notice of entity creation" means the notice the lieutenant governor receives under
18312 Subsection 10-1-116 (1), 10-2-119 (1), 10-2-125 (6), 11-13-204 (4), 11-13-205 (6),
18313 17A-2-1311 (2), [ 17B-2-215 ] 17B-1-215 (1), 17C-1-201 (2), or 53A-2-101.5 (1) of an entity's
18314 pending creation.
18315 (p) "Notice of entity dissolution" means the notice the lieutenant governor receives
18316 under Subsection 10-1-116 (1), 10-2-712 (2), 17A-2-1329 (3), [ 17B-2-708 ] 17B-1-1308 (4), or
18317 17C-1-701 (2)(a) of an entity's pending dissolution.

18318 (q) "Notice of entity division" means the notice the lieutenant governor receives under
18319 Subsection 17-3-3 (3) of an entity's pending division.
18320 (r) "Notice of intention to file articles of incorporation" means the notice the lieutenant
18321 governor receives under Subsection 10-2-120 (1).
18322 (s) "Lieutenant governor" means the lieutenant governor created in Article VII, Section
18323 1 of the Utah Constitution.
18324 (t) "State auditor" means the state auditor created in Article VII, Section 1 of the Utah
18325 Constitution.
18326 (u) "State Tax Commission" means the State Tax Commission created in Article XIII,
18327 Section 6 of the Utah Constitution.
18328 (2) Within ten days after receiving a notice of entity creation, the lieutenant governor
18329 shall:
18330 (a) issue a certificate of entity creation;
18331 (b) (i) send a copy of the certificate issued under Subsection (2)(a) and a copy of the
18332 notice of entity creation, including the accompanying map or legal description, to the State Tax
18333 Commission, AGRC, county recorder, county surveyor, county auditor, and county attorney;
18334 and
18335 (ii) send a copy of the certificate issued under Subsection (2)(a) to the state auditor; and
18336 (c) send to the initiating body a copy of the certificate issued under Subsection (2)(a)
18337 and a statement indicating completion of Subsection (2)(b).
18338 (3) Within ten days after receiving a notice of intention to file articles of incorporation,
18339 the lieutenant governor shall:
18340 (a) issue a certificate indicating receipt of a notice of intention to file articles of
18341 incorporation;
18342 (b) (i) send a copy of the certificate issued under Subsection (3)(a) and a copy of the
18343 notice of intention to file articles of incorporation, including the accompanying map or legal
18344 description, to the State Tax Commission, AGRC, county recorder, county surveyor, county
18345 auditor, and county attorney; and
18346 (ii) send a copy of the certificate issued under Subsection (3)(a) to the state auditor; and
18347 (c) send to the initiating body a copy of the certificate issued under Subsection (3)(a)
18348 and a statement indicating completion of Subsection (3)(b).

18349 (4) Within ten days after receiving a notice of entity consolidation, the lieutenant
18350 governor shall:
18351 (a) issue a certificate of entity consolidation;
18352 (b) (i) send a copy of the certificate issued under Subsection (4)(a) and a copy of the
18353 notice of entity consolidation to the State Tax Commission, AGRC, county recorder, county
18354 surveyor, county auditor, and county attorney; and
18355 (ii) send a copy of the certificate issued under Subsection (4)(a) to the state auditor; and
18356 (c) send to the initiating body and the entities being consolidated, if different from the
18357 initiating body, a copy of the certificate issued under Subsection (4)(a) and a statement
18358 indicating completion of Subsection (4)(b).
18359 (5) Within ten days after receiving a notice of entity division, the lieutenant governor
18360 shall:
18361 (a) issue a certificate of entity division;
18362 (b) (i) send a copy of the certificate issued under Subsection (5)(a) and a copy of the
18363 notice of entity consolidation, including the accompanying map or legal description, to the
18364 State Tax Commission, AGRC, county recorder, county surveyor, county auditor, and county
18365 attorney; and
18366 (ii) send a copy of the certificate issued under Subsection (5)(a) to the state auditor; and
18367 (c) send to the initiating body a copy of the certificate issued under Subsection (5)(a)
18368 and a statement indicating completion of Subsection (5)(b).
18369 (6) Within ten days after receiving a notice of entity dissolution, the lieutenant
18370 governor shall:
18371 (a) issue a certificate of entity dissolution;
18372 (b) (i) send a copy of the certificate issued under Subsection (6)(a) and a copy of the
18373 notice of entity dissolution to the State Tax Commission, AGRC, county recorder, county
18374 surveyor, county auditor, and county attorney; and
18375 (ii) send a copy of the certificate issued under Subsection (6)(a) to the state auditor; and
18376 (c) send to the initiating body and the entity being dissolved, if different than the
18377 initiating body, a copy of the certificate issued under Subsection (6)(a) and a statement
18378 indicating completion of Subsection (6)(b).
18379 (7) Within ten days after receiving a notice of entity boundary change, the lieutenant

18380 governor shall:
18381 (a) issue a certificate of entity boundary change;
18382 (b) send a copy of the certificate issued under Subsection (7)(a) and a copy of the
18383 notice of entity boundary change, including the accompanying map or legal description, to the
18384 State Tax Commission, AGRC, county recorder, county surveyor, county auditor, and county
18385 attorney; and
18386 (c) send to the initiating body or bodies, and each entity whose boundary is changed, if
18387 different than the initiating body, a copy of the certificate issued under Subsection (7)(a) and a
18388 statement indicating completion of Subsection (7)(b).
18389 (8) (a) The lieutenant governor shall keep, index, maintain, and make available to the
18390 public certificates, notices, maps, and other documents necessary in performing the duties of
18391 Subsections (2) through (7).
18392 (b) The lieutenant governor shall furnish a certified copy of documents to any person
18393 who requests a certified copy.
18394 (c) The lieutenant governor may charge a reasonable fee for copies of documents or
18395 certified copies of documents.
18396 Section 446. Section 67-3-1 is amended to read:
18397 67-3-1. Functions and duties.
18398 (1) (a) The state auditor is the auditor of public accounts and is independent of any
18399 executive or administrative officers of the state.
18400 (b) The state auditor is not limited in the selection of personnel or in the determination
18401 of the reasonable and necessary expenses of his office.
18402 (2) The state auditor shall examine and certify annually in respect to each fiscal year,
18403 financial statements showing:
18404 (a) the condition of the state's finances;
18405 (b) the revenues received or accrued;
18406 (c) expenditures paid or accrued;
18407 (d) the amount of unexpended or unencumbered balances of the appropriations to the
18408 agencies, departments, divisions, commissions, and institutions; and
18409 (e) the cash balances of the funds in the custody of the state treasurer.
18410 (3) (a) The state auditor shall:

18411 (i) audit each permanent fund, each special fund, the General Fund, and the accounts of
18412 any department of state government or any independent agency or public corporation as the law
18413 requires, as the auditor determines is necessary, or upon request of the governor or the
18414 Legislature;
18415 (ii) perform the audits in accordance with generally accepted auditing standards and
18416 other auditing procedures as promulgated by recognized authoritative bodies;
18417 (iii) as the auditor determines is necessary, conduct the audits to determine:
18418 (A) honesty and integrity in fiscal affairs;
18419 (B) accuracy and reliability of financial statements;
18420 (C) effectiveness and adequacy of financial controls; and
18421 (D) compliance with the law.
18422 (b) If any state entity receives federal funding, the state auditor shall ensure that the
18423 audit is performed in accordance with federal audit requirements.
18424 (c) (i) The costs of the federal compliance portion of the audit may be paid from an
18425 appropriation to the state auditor from the General Fund.
18426 (ii) If an appropriation is not provided, or if the federal government does not
18427 specifically provide for payment of audit costs, the costs of the federal compliance portions of
18428 the audit shall be allocated on the basis of the percentage that each state entity's federal funding
18429 bears to the total federal funds received by the state.
18430 (iii) The allocation shall be adjusted to reflect any reduced audit time required to audit
18431 funds passed through the state to local governments and to reflect any reduction in audit time
18432 obtained through the use of internal auditors working under the direction of the state auditor.
18433 (4) (a) Except as provided in Subsection (4)(b), the state auditor shall, in addition to
18434 financial audits, and as the auditor determines is necessary, conduct performance and special
18435 purpose audits, examinations, and reviews of any entity that receives public funds, including a
18436 determination of any or all of the following:
18437 (i) the honesty and integrity of all its fiscal affairs;
18438 (ii) whether or not its administrators have faithfully complied with legislative intent;
18439 (iii) whether or not its operations have been conducted in an efficient, effective, and
18440 cost-efficient manner;
18441 (iv) whether or not its programs have been effective in accomplishing the intended

18442 objectives; and
18443 (v) whether or not its management, control, and information systems are adequate and
18444 effective.
18445 (b) The auditor may not conduct performance and special purpose audits,
18446 examinations, and reviews of any entity that receives public funds if the entity:
18447 (i) has an elected auditor; and
18448 (ii) has, within the entity's last budget year, had its financial statements or performance
18449 formally reviewed by another outside auditor.
18450 (5) The state auditor shall administer any oath or affirmation necessary to the
18451 performance of the duties of the auditor's office, and may subpoena witnesses and documents,
18452 whether electronic or otherwise, and examine into any matter that the auditor considers
18453 necessary.
18454 (6) The state auditor may require all persons who have had the disposition or
18455 management of any property of this state or its political subdivisions to submit statements
18456 regarding it at the time and in the form that the auditor requires.
18457 (7) The state auditor shall:
18458 (a) except where otherwise provided by law, institute suits in Salt Lake County in
18459 relation to the assessment, collection, and payment of its revenues against:
18460 (i) persons who by any means have become entrusted with public monies or property
18461 and have failed to pay over or deliver those monies or property; and
18462 (ii) all debtors of the state;
18463 (b) collect and pay into the state treasury all fees received by the state auditor;
18464 (c) perform the duties of a member of all boards of which the state auditor is a member
18465 by the constitution or laws of the state, and any other duties that are prescribed by the
18466 constitution and by law;
18467 (d) stop the payment of the salary of any state official or state employee who:
18468 (i) refuses to settle accounts or provide required statements about the custody and
18469 disposition of public funds or other state property;
18470 (ii) refuses, neglects, or ignores the instruction of the state auditor or any controlling
18471 board or department head with respect to the manner of keeping prescribed accounts or funds;
18472 or

18473 (iii) fails to correct any delinquencies, improper procedures, and errors brought to the
18474 official's or employee's attention;
18475 (e) establish accounting systems, methods, and forms for public accounts in all taxing
18476 or fee-assessing units of the state in the interest of uniformity, efficiency, and economy;
18477 (f) superintend the contractual auditing of all state accounts;
18478 (g) subject to Subsection (8), withhold state allocated funds or the disbursement of
18479 property taxes from any state taxing or fee-assessing unit, if necessary, to ensure that officials
18480 and employees in those taxing units of the state comply with state laws and procedures in the
18481 budgeting, expenditures, and financial reporting of public funds; and
18482 (h) subject to Subsection (9), withhold the disbursement of tax monies from any
18483 county, if necessary, to ensure that officials and employees in the county comply with Section
18484 59-2-303.1 .
18485 (8) Except as otherwise provided by law, the state auditor may not withhold funds
18486 under Subsection (7)(g) until a taxing or fee-assessing unit has received formal written notice
18487 of noncompliance from the auditor and has been given 60 days to make the specified
18488 corrections.
18489 (9) The state auditor may not withhold funds under Subsection (7)(h) until a county has
18490 received formal written notice of noncompliance from the auditor and has been given 60 days
18491 to make the specified corrections.
18492 (10) The state auditor shall:
18493 (a) establish audit guidelines and procedures for audits of local mental health and
18494 substance abuse authorities and their contract providers, conducted pursuant to Title 17,
18495 Chapter 43, Parts 2, Local Substance Abuse Authorities and 3, Local Mental Health
18496 Authorities, Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal
18497 Organizations, and Other Local Entities Act, and Title 62A, Chapter 15, Substance Abuse and
18498 Mental Health Act; and
18499 (b) ensure that those guidelines and procedures provide assurances to the state that:
18500 (i) state and federal funds appropriated to local mental health authorities are used for
18501 mental health purposes;
18502 (ii) a private provider under an annual or otherwise ongoing contract to provide
18503 comprehensive mental health programs or services for a local mental health authority is in

18504 compliance with state and local contract requirements, and state and federal law;
18505 (iii) state and federal funds appropriated to local substance abuse authorities are used
18506 for substance abuse programs and services; and
18507 (iv) a private provider under an annual or otherwise ongoing contract to provide
18508 comprehensive substance abuse programs or services for a local substance abuse authority is in
18509 compliance with state and local contract requirements, and state and federal law.
18510 (11) The state auditor may, in accordance with the auditor's responsibilities for political
18511 subdivisions of the state as provided in Title 51, Chapter 2a, Accounting Reports from Political
18512 Subdivisions, Interlocal Organizations, and Other Local Entities Act, initiate audits or
18513 investigations of any political subdivision that are necessary to determine honesty and integrity
18514 in fiscal affairs, accuracy and reliability of financial statements, effectiveness, and adequacy of
18515 financial controls and compliance with the law.
18516 (12) (a) The state auditor may not audit work that the state auditor performed before
18517 becoming state auditor.
18518 (b) If the state auditor has previously been a responsible official in state government
18519 whose work has not yet been audited, the Legislature shall:
18520 (i) designate how that work shall be audited; and
18521 (ii) provide additional funding for those audits, if necessary.
18522 (13) The state auditor shall:
18523 (a) with the assistance, advice, and recommendations of a local district advisory
18524 committee appointed by the state auditor from among local district boards of trustees and
18525 officers:
18526 (i) prepare a Uniform Accounting Manual for Local Districts that:
18527 (A) prescribes a uniform system of accounting and uniform budgeting and reporting
18528 procedures for local districts under Title 17B, Limited Purpose Local Government Entities -
18529 Local Districts;
18530 (B) conforms with generally accepted accounting principles; and
18531 (C) prescribes reasonable exceptions and modifications for smaller districts to the
18532 uniform system of accounting, budgeting, and reporting;
18533 (ii) maintain the manual under Subsection (13)(a) so that it continues to reflect
18534 generally accepted accounting principles;

18535 (iii) conduct a continuing review and modification of procedures in order to improve
18536 them;
18537 (iv) prepare and supply each local district with suitable budget and reporting forms;
18538 and
18539 (v) prepare instructional materials, conduct training programs, and render other
18540 services considered necessary to assist local districts in implementing the uniform accounting,
18541 budgeting, and reporting procedures; and
18542 (b) continually analyze and evaluate the accounting, budgeting, and reporting practices
18543 and experiences of specific local districts selected by the state auditor and make the
18544 information available to all local districts.
18545 [(13)] (14) (a) The following records in the custody or control of the state auditor are
18546 protected records under Title 63, Chapter 2, Government Records Access and Management
18547 Act:
18548 (i) records that would disclose information relating to allegations of personal
18549 misconduct, gross mismanagement, or illegal activity of a past or present governmental
18550 employee if the information or allegation cannot be corroborated by the state auditor through
18551 other documents or evidence, and the records relating to the allegation are not relied upon by
18552 the state auditor in preparing a final audit report;
18553 (ii) records and audit workpapers to the extent they would disclose the identity of a
18554 person who during the course of an audit, communicated the existence of any waste of public
18555 funds, property, or manpower, or a violation or suspected violation of a law, rule, or regulation
18556 adopted under the laws of this state, a political subdivision of the state, or any recognized entity
18557 of the United States, if the information was disclosed on the condition that the identity of the
18558 person be protected;
18559 (iii) before an audit is completed and the final audit report is released, records or drafts
18560 circulated to a person who is not an employee or head of a governmental entity for their
18561 response or information;
18562 (iv) records that would disclose an outline or part of any audit survey plans or audit
18563 program; and
18564 (v) requests for audits, if disclosure would risk circumvention of an audit.
18565 (b) The provisions of Subsections [(13)] (14)(a)(i), (ii), and (iii) do not prohibit the

18566 disclosure of records or information that relate to a violation of the law by a governmental
18567 entity or employee to a government prosecutor or peace officer.
18568 (c) The provisions of this Subsection [(13)] (14) do not limit the authority otherwise
18569 given to the state auditor to classify a document as public, private, controlled, or protected
18570 under Title 63, Chapter 2, Government Records Access and Management Act.
18571 Section 447. Section 67-11-2 is amended to read:
18572 67-11-2. Definitions.
18573 For the purposes of this chapter:
18574 (a) "Wages" means all remuneration for employment as defined herein, including the
18575 cash value of all remuneration paid in any medium other than cash, except that such term shall
18576 not include "sick pay" as that term is defined in this section and shall not include that part of
18577 such remuneration which, even if it were for "employment" within the meaning of the Federal
18578 Insurance Contributions Act, would not constitute "wages" within the meaning of that act.
18579 (b) "Sick pay" means payments made to employees on account of sickness or accident
18580 disability under a sick leave plan of the type outlined in Subsections 209(b) and 209(d) of the
18581 Social Security Act.
18582 (c) "Employment" means any service performed by an employee in the employ of the
18583 state, or any political subdivision thereof, for such employer, except:
18584 (1) service which in the absence of an agreement entered into under this chapter would
18585 constitute "employment" as defined in the Social Security Act;
18586 (2) service which under the Social Security Act may not be included in an agreement
18587 between the state and federal security administrator entered into under this act;
18588 (3) services of an emergency nature, service in any class or classes of positions the
18589 compensation for which is on a fee basis, performed (A) by employees of the state, or (B) if so
18590 provided in the plan submitted under Section 67-11-5 , by a political subdivision of the state, by
18591 an employee of such subdivision;
18592 (4) services performed by students employed by a public school, college, or university
18593 at which they are enrolled and which they are attending on a full-time basis;
18594 (5) part-time services performed by election workers, i.e., judges of election and
18595 registrars; or
18596 (6) services performed by voluntary firemen, except when such services are

18597 prescheduled for a specific period of duty.
18598 (d) "Employee" includes an elective or appointive officer or employee of a state or
18599 political subdivision thereof.
18600 (e) "State agency" means the Division of Finance, referred to herein as the state agency.
18601 (f) "Federal security administrator" includes any individual to whom the federal
18602 security administrator has delegated any of his functions under the Social Security Act with
18603 respect to coverage under such act of employees of states and their political subdivisions.
18604 (g) "Political subdivision" includes an instrumentality of the state, of one or more of its
18605 political subdivisions, or of the state and one or more of its political subdivisions, including
18606 leagues or associations thereof, but only if such instrumentality is a juristic entity which is
18607 legally separate and distinct from the state or subdivision and only if its employees are not by
18608 virtue of their relation to such juristic entity employees of the state or subdivision. The term
18609 shall include [special] local districts, special service districts, or authorities created by the
18610 Legislature or local governments such as, but not limited to, mosquito abatement districts,
18611 sewer or water districts, and libraries.
18612 (h) "Social Security Act" means the Act of Congress approved August 14, 1935,
18613 Chapter 531, 49 Stat. 620, officially cited as the "Social Security Act," (including regulations
18614 and requirements issued pursuant thereto), as such act has been and may from time to time be
18615 amended.
18616 (i) "Federal Insurance Contributions Act" means Chapter 21 of the federal Internal
18617 Revenue Code as such Code may be amended.
18618 Section 448. Section 67-21-2 is amended to read:
18619 67-21-2. Definitions.
18620 As used in this chapter:
18621 (1) "Adverse action" means to discharge, threaten, or otherwise discriminate against an
18622 employee in any manner that affects the employee's employment, including compensation,
18623 terms, conditions, location, rights, immunities, promotions, or privileges.
18624 (2) "Communicate" means a verbal, written, broadcast, or other communicated report.
18625 (3) "Employee" means a person who performs a service for wages or other
18626 remuneration under a contract of hire, written or oral, express or implied.
18627 (4) (a) "Employer" means the employing state agency or political subdivision of the

18628 state.
18629 (b) "Employer" includes an agent of an employer.
18630 (5) "Public body" means any of the following:
18631 (a) a state officer, employee, agency, department, division, bureau, board, commission,
18632 council, authority, educational institution, or any other body in the executive branch of state
18633 government;
18634 (b) an agency, board, commission, council, institution member, or employee of the
18635 legislative branch of state government;
18636 (c) a county, city, town, regional governing body, council, school district, [special]
18637 local district, special service district, or municipal corporation, board, department, commission,
18638 council, agency, or any member or employee of them;
18639 (d) any other body that is created by state or local authority, or that is primarily funded
18640 by or through state or local authority, or any member or employee of that body;
18641 (e) a law enforcement agency or any member or employee of a law enforcement
18642 agency; and
18643 (f) the judiciary and any member or employee of the judiciary.
18644 Section 449. Section 71-8-1 is amended to read:
18645 71-8-1. Definitions.
18646 As used in this chapter:
18647 (1) "Council" means the Veterans' Advisory Council.
18648 (2) "Department" means the Utah National Guard.
18649 (3) "Director" means the director of the Division of Veterans' Affairs.
18650 (4) "Division" means the Division of Veterans' Affairs.
18651 (5) "Executive director" means the adjutant general of the Utah National Guard.
18652 (6) "Government entity" means the state and any county, municipality, [special] local
18653 district, special service district, and any other political subdivision or administrative unit of the
18654 state, including state institutions of education.
18655 (7) "Veteran" means:
18656 (a) an individual who has served on active duty in the armed forces for at least 180
18657 consecutive days or was a member of a reserve component, and who has been separated or
18658 retired under honorable conditions; or

18659 (b) any individual incurring an actual service-related injury or disability in the line of
18660 duty whether or not that person completed 180 days of active duty.
18661 Section 450. Section 71-10-1 is amended to read:
18662 71-10-1. Definitions.
18663 As used in this chapter:
18664 (1) "Active duty" means active military duty and does not include active duty for
18665 training, initial active duty for training, or inactive duty for training.
18666 (2) "Disabled veteran" means an individual who has:
18667 (a) been separated or retired from the armed forces under honorable conditions; and
18668 (b) established the existence of a service-connected disability or is receiving
18669 compensation, disability retirement benefits, or pension because of a public statute
18670 administered by the federal Department of Veterans Affairs or a military department.
18671 (3) "Government entity" means the state, any county, municipality, [special] local
18672 district, special service district, or any other political subdivision or administrative unit of the
18673 state, including state institutions of education.
18674 (4) "Preference eligible" means:
18675 (a) any individual who has served on active duty in the armed forces for more than 180
18676 consecutive days, or was a member of a reserve component who served in a campaign or
18677 expedition for which a campaign medal has been authorized and who has been separated under
18678 honorable conditions;
18679 (b) a disabled veteran with any percentage of disability;
18680 (c) the spouse or unmarried widow or widower of a veteran;
18681 (d) a purple heart recipient; or
18682 (e) a retired member of the armed forces who retired below the rank of major or its
18683 equivalent.
18684 (5) "Veteran" means:
18685 (a) an individual who has served on active duty in the armed forces for more than 180
18686 consecutive days, or was a member of a reserve component who served in a campaign or
18687 expedition for which a campaign medal has been authorized and who has been separated or
18688 retired under honorable conditions; or
18689 (b) any individual incurring an actual service-related injury or disability in the line of

18690 duty whether or not that person completed 180 consecutive days of active duty.
18691 Section 451. Section 72-1-208 is amended to read:
18692 72-1-208. Cooperation with counties, cities, towns, the federal government, and
18693 all state departments -- Inspection of work done by a public transit district.
18694 (1) The department shall cooperate with the counties, cities, and towns in the
18695 construction, maintenance, and use of the highways and in all related matters, and may provide
18696 services to the counties, cities, and towns on terms mutually agreed upon.
18697 (2) The department, with the approval of the governor, shall cooperate with the federal
18698 government in all federal-aid projects and with all state departments in all matters in
18699 connection with the use of the highways.
18700 (3) The department:
18701 (a) shall inspect all work done by a public transit district under Title 17B, Chapter 2a,
18702 Part 8, Public Transit District Act, relating to safety appliances and procedures; and
18703 (b) may make further additions or changes necessary for the purpose of safety to
18704 employees and the general public.
18705 Section 452. Section 72-1-303 is amended to read:
18706 72-1-303. Duties of commission.
18707 The commission has the following duties:
18708 (1) determining priorities and funding levels of projects in the state transportation
18709 systems for each fiscal year based on project lists compiled by the department;
18710 (2) determining additions and deletions to state highways under Chapter 4, Designation
18711 of State Highways Act;
18712 (3) holding public hearings and otherwise providing for public input in transportation
18713 matters;
18714 (4) making policies and rules in accordance with Title 63, Chapter 46a, Utah
18715 Administrative Rulemaking Act, necessary to perform the commission's duties described under
18716 this section;
18717 (5) in accordance with Section 63-46b-12 , reviewing orders issued by the executive
18718 director in adjudicative proceedings held in accordance with Title 63, Chapter 46b,
18719 Administrative Procedures Act;
18720 (6) advising the department in state transportation systems policy;

18721 (7) approving settlement agreements of condemnation cases subject to Section
18722 63-38b-401 ;
18723 (8) in accordance with Section [ 17A-2-1038 ] 17B-2a-807 , appointing a commissioner
18724 to serve as a nonvoting, ex officio member on the board of trustees of a public transit district;
18725 (9) in accordance with Section [ 17A-2-1039 ] 17B-2a-808 , reviewing, at least annually,
18726 the short-term and long-range public transit plans; and
18727 (10) reviewing administrative rules made, amended, or repealed by the department.
18728 Section 453. Section 72-2-201 is amended to read:
18729 72-2-201. Definitions.
18730 As used in this part:
18731 (1) "Fund" means the Transportation Infrastructure Loan Fund created under Section
18732 72-2-202 .
18733 (2) "Infrastructure assistance" means any use of fund moneys, except an infrastructure
18734 loan, to provide financial assistance for transportation projects, including to finance leases,
18735 fund reserves, make grants, make interest buy-down grants, leases, or loans obtained by a
18736 public entity to finance transportation projects.
18737 (3) "Infrastructure loan" means a loan of fund monies to finance a transportation
18738 project.
18739 (4) "Public entity" means a state agency, county, municipality, [special] local district,
18740 special service district, or an intergovernmental entity organized under state law.
18741 (5) "Transportation project" means a project to improve the state transportation systems
18742 and includes the costs of acquisition, construction, reconstruction, rehabilitation, equipping,
18743 and fixturing.
18744 Section 454. Section 72-10-601 is amended to read:
18745 72-10-601. Definitions.
18746 As used in this part:
18747 (1) "City" means a municipality of the first class, as defined under Section 10-2-301 ,
18748 that:
18749 (a) is authorized by statute to operate an airport; and
18750 (b) operates an airport with greater than ten million annual passengers.
18751 (2) "Division" means the Criminal Investigation and Technical Services Division of the

18752 Department of Public Safety, established in Section 53-10-103 .
18753 (3) "Ground transportation service" means transporting passengers for hire or as a
18754 courtesy in connection with a business over public streets pursuant to a license with the city.
18755 (4) (a) "Ground transportation service provider" means a driver who provides ground
18756 transportation service where the pickup or drop-off of a passenger occurs at an airport under a
18757 city's authority.
18758 (b) "Ground transportation service provider" includes:
18759 (i) a taxicab driver;
18760 (ii) a limousine or luxury car driver;
18761 (iii) a bus or minibus driver, except a driver of a transit vehicle, as defined in Section
18762 [ 17A-2-1004 ] 17B-2a-802 ;
18763 (iv) a courtesy vehicle or hotel vehicle driver;
18764 (v) a special transportation vehicle driver who transports disabled persons; and
18765 (vi) a van driver.
18766 Section 455. Section 73-1-4 is amended to read:
18767 73-1-4. Reversion to the public by abandonment or forfeiture for nonuse within
18768 five years -- Extension of time.
18769 (1) In order to further the state policy of securing the maximum use and benefit of its
18770 scarce water resources, a person entitled to the use of water has a continuing obligation to place
18771 all of a water right to beneficial use. The forfeiture of all or part of any right to use water for
18772 failure to place all or part of the water to beneficial use makes possible the allocation and use of
18773 water consistent with long established beneficial use concepts. The provisions of Subsections
18774 (2) through (6) shall be construed to carry out the purposes and policies set forth in this
18775 Subsection (1).
18776 (2) As used in this section, "public water supply entity" means an entity that supplies
18777 water as a utility service or for irrigation purposes and is also:
18778 (a) a municipality, water conservancy district, metropolitan water district, irrigation
18779 district [created under Section 17A-2-701.5 ], or other public agency;
18780 (b) a water company regulated by the Public Service Commission; or
18781 (c) any other owner of a community water system.
18782 (3) (a) When an appropriator or the appropriator's successor in interest abandons or

18783 ceases to use all or a portion of a water right for a period of five years, the water right or the
18784 unused portion of that water right ceases and the water reverts to the public, unless, before the
18785 expiration of the five-year period, the appropriator or the appropriator's successor in interest
18786 files a verified nonuse application with the state engineer.
18787 (b) (i) A nonuse application may be filed on all or a portion of the water right,
18788 including water rights held by mutual irrigation companies.
18789 (ii) Public water supply entities that own stock in a mutual water company, after giving
18790 written notice to the water company, may file nonuse applications with the state engineer on
18791 the water represented by the stock.
18792 (c) (i) A water right or a portion of the water right may not be forfeited unless a judicial
18793 action to declare the right forfeited is commenced within 15 years from the end of the latest
18794 period of nonuse of at least five years.
18795 (ii) If forfeiture is asserted in an action for general determination of rights in
18796 conformance with the provisions of Chapter 4, Determination of Water Rights, the 15-year
18797 limitation period shall commence to run back in time from the date the state engineer's
18798 proposed determination of rights is served upon each claimant.
18799 (iii) A decree entered in an action for general determination of rights under Chapter 4,
18800 Determination of Water Rights, shall bar any claim of forfeiture for prior nonuse against any
18801 right determined to be valid in the decree, but shall not bar a claim for periods of nonuse that
18802 occur after the entry of the decree.
18803 (iv) A proposed determination by the state engineer in an action for general
18804 determination of rights under Chapter 4, Determination of Water Rights, shall bar any claim of
18805 forfeiture for prior nonuse against any right proposed to be valid, unless a timely objection has
18806 been filed within the time allowed in Chapter 4, Determination of Water Rights.
18807 (d) The extension of time to resume the use of that water may not exceed five years
18808 unless the time is further extended by the state engineer.
18809 (e) The provisions of this section are applicable whether the unused or abandoned
18810 water or a portion of the water is permitted to run to waste or is used by others without right
18811 with the knowledge of the water right holder, provided that the use of water pursuant to a lease
18812 or other agreement with the appropriator or the appropriator's successor shall be considered to
18813 constitute beneficial use.

18814 (f) The provisions of this section shall not apply:
18815 (i) to those periods of time when a surface water source fails to yield sufficient water to
18816 satisfy the water right, or when groundwater is not available because of a sustained drought;
18817 (ii) to water stored in reservoirs pursuant to an existing water right, where the stored
18818 water is being held in storage for present or future use; or
18819 (iii) when a water user has beneficially used substantially all of a water right within a
18820 five-year period, provided that this exemption shall not apply to the adjudication of a water
18821 right in a general determination of water rights under Chapter 4, Determination of Water
18822 Rights.
18823 (g) Groundwater rights used to supplement the quantity or quality of other water
18824 supplies may not be subject to loss or reduction under this section if not used during periods
18825 when the other water source delivers sufficient water so as to not require use of the
18826 supplemental groundwater.
18827 (4) (a) The state engineer shall furnish an application requiring the following
18828 information:
18829 (i) the name and address of the applicant;
18830 (ii) a description of the water right or a portion of the water right, including the point of
18831 diversion, place of use, and priority;
18832 (iii) the date the water was last diverted and placed to beneficial use;
18833 (iv) the quantity of water;
18834 (v) the period of use;
18835 (vi) the extension of time applied for;
18836 (vii) a statement of the reason for the nonuse of the water; and
18837 (viii) any other information that the state engineer requires.
18838 (b) Filing the application extends the time during which nonuse may continue until the
18839 state engineer issues his order on the nonuse application.
18840 (c) (i) Upon receipt of the application, the state engineer shall publish a notice of the
18841 application once a week for two successive weeks in a newspaper of general circulation in the
18842 county in which the source of the water supply is located and where the water is to be used.
18843 (ii) The notice shall:
18844 (A) state that an application has been made; and

18845 (B) specify where the interested party may obtain additional information relating to the
18846 application.
18847 (d) Any interested person may file a written protest with the state engineer against the
18848 granting of the application:
18849 (i) within 20 days after the notice is published, if the adjudicative proceeding is
18850 informal; and
18851 (ii) within 30 days after the notice is published, if the adjudicative proceeding is
18852 formal.
18853 (e) In any proceedings to determine whether the application for extension should be
18854 approved or rejected, the state engineer shall follow the procedures and requirements of Title
18855 63, Chapter 46b, Administrative Procedures Act.
18856 (f) After further investigation, the state engineer may approve or reject the application.
18857 (5) (a) Nonuse applications on all or a portion of a water right shall be granted by the
18858 state engineer for periods not exceeding five years each, upon a showing of reasonable cause
18859 for nonuse.
18860 (b) Reasonable causes for nonuse include:
18861 (i) demonstrable financial hardship or economic depression;
18862 (ii) the initiation of recognized water conservation or efficiency practices, or the
18863 operation of a groundwater recharge recovery program approved by the state engineer;
18864 (iii) operation of legal proceedings;
18865 (iv) the holding of a water right or stock in a mutual water company without use by any
18866 public water supply entity to meet the reasonable future requirements of the public;
18867 (v) situations where, in the opinion of the state engineer, the nonuse would assist in
18868 implementing an existing, approved water management plan;
18869 (vi) situations where all or part of the land on which water is used is contracted under
18870 an approved state agreement or federal conservation fallowing program;
18871 (vii) the loss of capacity caused by deterioration of the water supply or delivery
18872 equipment if the applicant submits, with the application, a specific plan to resume full use of
18873 the water right by replacing, restoring, or improving the equipment; or
18874 (viii) any other reasonable cause.
18875 (6) (a) Sixty days before the expiration of any extension of time, the state engineer

18876 shall notify the applicant by registered mail or by any form of electronic communication
18877 through which receipt is verifiable, of the date when the extension period will expire.
18878 (b) Before the date of expiration, the applicant shall either:
18879 (i) file a verified statement with the state engineer setting forth the date on which use of
18880 the water was resumed, and whatever additional information is required by the state engineer;
18881 or
18882 (ii) apply for a further extension of time in which to resume use of the water according
18883 to the procedures and requirements of this section.
18884 (c) Upon receipt of the applicant's properly completed, verified statement, the state
18885 engineer shall conduct investigations necessary to verify that beneficial use has resumed and, if
18886 so, shall issue a certificate of resumption of use of the water as evidenced by the resumed
18887 beneficial use.
18888 (7) The appropriator's water right or a portion of the water right ceases and the water
18889 reverts to the public if the:
18890 (a) appropriator or the appropriator's successor in interest fails to apply for an
18891 extension of time;
18892 (b) state engineer denies the nonuse application; or
18893 (c) appropriator or the appropriator's successor in interest fails to apply for a further
18894 extension of time.
18895 Section 456. Section 73-2-1 is amended to read:
18896 73-2-1. State engineer -- Term -- Powers and duties -- Qualification for duties.
18897 (1) There shall be a state engineer.
18898 (2) The state engineer shall:
18899 (a) be appointed by the governor with the consent of the Senate;
18900 (b) hold office for the term of four years and until a successor is appointed; and
18901 (c) have five years experience as a practical engineer or the theoretical knowledge,
18902 practical experience, and skill necessary for the position.
18903 (3) (a) The state engineer shall be responsible for the general administrative
18904 supervision of the waters of the state and the measurement, appropriation, apportionment, and
18905 distribution of those waters.
18906 (b) The state engineer may secure the equitable apportionment and distribution of the

18907 water according to the respective rights of appropriators.
18908 (4) The state engineer shall make rules, in accordance with Title 63, Chapter 46a, Utah
18909 Administrative Rulemaking Act, consistent with the purposes and provisions of this title,
18910 regarding:
18911 (a) reports of water right conveyances;
18912 (b) the construction of water wells and the licensing of water well drillers;
18913 (c) dam construction and safety;
18914 (d) the alteration of natural streams;
18915 (e) sewage effluent reuse;
18916 (f) geothermal resource conservation; and
18917 (g) enforcement orders and the imposition of fines and penalties.
18918 (5) The state engineer may make rules, in accordance with Title 63, Chapter 46a, Utah
18919 Administrative Rulemaking Act, consistent with the purposes and provisions of this title,
18920 governing:
18921 (a) water distribution systems and water commissioners;
18922 (b) water measurement and reporting;
18923 (c) ground-water recharge and recovery;
18924 (d) the determination of water rights; and
18925 (e) the form and content of applications and related documents, maps, and reports.
18926 (6) The state engineer may bring suit in courts of competent jurisdiction to:
18927 (a) enjoin the unlawful appropriation, diversion, and use of surface and underground
18928 water without first seeking redress through the administrative process;
18929 (b) prevent theft, waste, loss, or pollution of those waters;
18930 (c) enable him to carry out the duties of his office; and
18931 (d) enforce administrative orders and collect fines and penalties.
18932 (7) The state engineer may:
18933 (a) upon request from the board of trustees of an irrigation district under Title [17A]
18934 17B, Chapter [2] 2a, Part [7] 5, Irrigation District Act, or [a] another local local district under
18935 Title 17B, [Chapter 2,] Limited Purpose Local Government Entities - Local Districts, or a
18936 special service district under Title 17A, Chapter 2, Part 13, Utah Special Service District Act,
18937 that operates an irrigation water system, cause a water survey to be made of all lands proposed

18938 to be annexed to the district in order to determine and allot the maximum amount of water that
18939 could be beneficially used on the land, with a separate survey and allotment being made for
18940 each 40-acre or smaller tract in separate ownership; and
18941 (b) upon completion of the survey and allotment under Subsection (7)(a), file with the
18942 district board a return of the survey and report of the allotment.
18943 (8) (a) The state engineer may establish water distribution systems and define their
18944 boundaries.
18945 (b) The water distribution systems shall be formed in a manner that:
18946 (i) secures the best protection to the water claimants; and
18947 (ii) is the most economical for the state to supervise.
18948 Section 457. Section 73-5-15 is amended to read:
18949 73-5-15. Groundwater management plan.
18950 (1) As used in this section:
18951 (a) "Critical management area" means a groundwater basin in which the groundwater
18952 withdrawals consistently exceed the safe yield.
18953 (b) "Safe yield" means the amount of groundwater that can be withdrawn from a
18954 groundwater basin over a period of time without exceeding the long-term recharge of the basin
18955 or unreasonably affecting the basin's physical and chemical integrity.
18956 (2) (a) The state engineer may regulate groundwater withdrawals within a specific
18957 groundwater basin by adopting a groundwater management plan in accordance with this section
18958 for any groundwater basin or aquifer or combination of hydrologically connected groundwater
18959 basins or aquifers.
18960 (b) The objectives of a groundwater management plan are to:
18961 (i) limit groundwater withdrawals to safe yield;
18962 (ii) protect the physical integrity of the aquifer; and
18963 (iii) protect water quality.
18964 (c) The state engineer shall adopt a groundwater management plan for a groundwater
18965 basin if more than 1/3 of the water right owners in the groundwater basin request that the state
18966 engineer adopt a groundwater management plan.
18967 (3) (a) In developing a groundwater management plan, the state engineer may consider:
18968 (i) the hydrology of the groundwater basin;

18969 (ii) the physical characteristics of the groundwater basin;
18970 (iii) the relationship between surface water and groundwater, including whether the
18971 groundwater should be managed in conjunction with hydrologically connected surface waters;
18972 (iv) the geographic spacing and location of groundwater withdrawals;
18973 (v) water quality;
18974 (vi) local well interference; and
18975 (vii) other relevant factors.
18976 (b) The state engineer shall base the provisions of a groundwater management plan on
18977 the principles of prior appropriation.
18978 (c) (i) The state engineer shall use the best available scientific method to determine
18979 safe yield.
18980 (ii) As hydrologic conditions change or additional information becomes available, safe
18981 yield determinations made by the state engineer may be revised by following the procedures
18982 listed in Subsection (5).
18983 (4) (a) (i) Except as provided in Subsection (4)(b), the withdrawal of water from a
18984 groundwater basin shall be limited to the basin's safe yield.
18985 (ii) Before limiting withdrawals in a groundwater basin to safe yield, the state engineer
18986 shall:
18987 (A) determine the groundwater basin's safe yield; and
18988 (B) adopt a groundwater management plan for the groundwater basin.
18989 (iii) If the state engineer determines that groundwater withdrawals in a groundwater
18990 basin exceed the safe yield, the state engineer shall regulate groundwater rights in that
18991 groundwater basin based on the priority date of the water rights under the groundwater
18992 management plan, unless a voluntary arrangement exists under Subsection (4)(c) that requires a
18993 different distribution.
18994 (b) When adopting a groundwater management plan for a critical management area, the
18995 state engineer shall, based on economic and other impacts to an individual water user or a local
18996 community caused by the implementation of safe yield limits on withdrawals, allow gradual
18997 implementation of the groundwater management plan.
18998 (c) (i) In consultation with the state engineer, water users in a groundwater basin may
18999 agree to participate in a voluntary arrangement for managing withdrawals at any time, either

19000 before or after a determination that groundwater withdrawals exceed the groundwater basin's
19001 safe yield.
19002 (ii) A voluntary arrangement under Subsection (4)(c)(i) shall be consistent with other
19003 law.
19004 (iii) The adoption of a voluntary arrangement under this Subsection (4)(c) by less than
19005 all of the water users in a groundwater basin does not affect the rights of water users who do
19006 not agree to the voluntary arrangement.
19007 (5) To adopt a groundwater management plan, the state engineer shall:
19008 (a) give notice as specified in Subsection (7) at least 30 days before the first public
19009 meeting held in accordance with Subsection (5)(b):
19010 (i) that the state engineer proposes to adopt a groundwater management plan;
19011 (ii) describing generally the land area proposed to be included in the groundwater
19012 management plan; and
19013 (iii) stating the location, date, and time of each public meeting to be held in accordance
19014 with Subsection (5)(b);
19015 (b) hold one or more public meetings in the geographic area proposed to be included
19016 within the groundwater management plan to:
19017 (i) address the need for a groundwater management plan;
19018 (ii) present any data, studies, or reports that the state engineer intends to consider in
19019 preparing the groundwater management plan;
19020 (iii) address safe yield and any other subject that may be included in the groundwater
19021 management plan;
19022 (iv) outline the estimated administrative costs, if any, that groundwater users are likely
19023 to incur if the plan is adopted; and
19024 (v) receive any public comments and other information presented at the public meeting,
19025 including comments from any of the entities listed in Subsection (7)(a)(iii);
19026 (c) receive and consider written comments concerning the proposed groundwater
19027 management plan from any person for a period determined by the state engineer of not less than
19028 60 days after the day on which the notice required by Subsection (5)(a) is given;
19029 (d) (i) at least 60 days prior to final adoption of the groundwater management plan,
19030 publish notice:

19031 (A) that a draft of the groundwater management plan has been proposed; and
19032 (B) specifying where a copy of the draft plan may be reviewed; and
19033 (ii) promptly provide a copy of the draft plan in printed or electronic form to each of
19034 the entities listed in Subsection (7)(a)(iii) that makes written request for a copy; and
19035 (e) provide notice of the adoption of the groundwater management plan.
19036 (6) A groundwater management plan shall become effective on the date notice of
19037 adoption is completed under Subsection (7), or on a later date if specified in the plan.
19038 (7) (a) A notice required by this section shall be:
19039 (i) published once a week for two successive weeks in a newspaper of general
19040 circulation in each county that encompasses a portion of the land area proposed to be included
19041 within the groundwater management plan;
19042 (ii) published conspicuously on the state engineer's Internet website; and
19043 (iii) mailed to each of the following that has within its boundaries a portion of the land
19044 area to be included within the proposed groundwater management plan:
19045 (A) county;
19046 (B) incorporated city or town;
19047 [(C) any of the following type of independent special districts operating under Title
19048 17A, Special Districts:]
19049 [(I) county] (C) improvement district [providing water, sewerage, or flood control]
19050 under Title 17B, Chapter 2a, Part 4, Improvement District Act;
19051 [(II) county] (D) service area, under Title 17B, Chapter 2a, Part 9, Service Area Act;
19052 [(III)] (E) drainage district, under Title 17B, Chapter 2a, Part 2, Drainage District Act;
19053 [(IV)] (F) irrigation district, under Title 17B, Chapter 2a, Part 5, Irrigation District Act;
19054 [(V)] (G) metropolitan water district, under Title 17B, Chapter 2a, Part 6, Metropolitan
19055 Water District Act;
19056 [(VI)] (H) special service district providing water, sewer, drainage, or flood control
19057 services, under Title 17A, Chapter 2, Part 13, Utah Special Service District Act; [and]
19058 [(VII)] (I) water conservancy district, under Title 17B, Chapter 2a, Part 10, Water
19059 Conservancy District Act; and
19060 [(D)] (J) soil conservation district, under Title 17A, Chapter 3, Part 8, Soil
19061 Conservation Districts.

19062 (b) A notice required by this section is effective upon substantial compliance with
19063 Subsections (7)(a)(i) through (iii).
19064 (8) A groundwater management plan may be amended in the same manner as a
19065 groundwater management plan may be adopted under this section.
19066 (9) The existence of a groundwater management plan does not preclude any otherwise
19067 eligible person from filing any application or challenging any decision made by the state
19068 engineer within the affected groundwater basin.
19069 (10) (a) A person aggrieved by a groundwater management plan may challenge any
19070 aspect of the groundwater management plan by filing a complaint within 60 days after the
19071 adoption of the groundwater management plan in the district court for any county in which the
19072 groundwater basin is found.
19073 (b) Notwithstanding Subsection (9), a person may challenge the components of a
19074 groundwater management plan only in the manner provided by Subsection (10)(a).
19075 (c) An action brought under this Subsection (10) is reviewed de novo by the district
19076 court.
19077 (d) A person challenging a groundwater management plan under this Subsection (10)
19078 shall join the state engineer as a defendant in the action challenging the groundwater
19079 management plan.
19080 (e) (i) Within 30 days after the day on which a person files an action challenging any
19081 aspect of a groundwater management plan under Subsection (10)(a), the person filing the action
19082 shall publish notice of the action in a newspaper of general circulation in the county in which
19083 the district court is located.
19084 (ii) The notice required by Subsection (10)(e)(i) shall be published once a week for two
19085 consecutive weeks.
19086 (iii) The notice required by Subsection (10)(e)(i) shall:
19087 (A) identify the groundwater management plan the person is challenging;
19088 (B) identify the case number assigned by the district court;
19089 (C) state that a person affected by the groundwater management plan may petition the
19090 district court to intervene in the action challenging the groundwater management plan; and
19091 (D) list the address for the clerk of the district court in which the action is filed.
19092 (iv) (A) Any person affected by the groundwater management plan may petition to

19093 intervene in the action within 60 days after the day on which notice is last published under
19094 Subsections (10)(e)(i) and (ii).
19095 (B) The district court's treatment of a petition to intervene under this Subsection
19096 (10)(e)(iv) is governed by the Utah Rules of Civil Procedure.
19097 (v) A district court in which an action is brought under Subsection (10)(a) shall
19098 consolidate all actions brought under that Subsection and include in the consolidated action any
19099 person whose petition to intervene is granted.
19100 (11) A groundwater management plan adopted or amended in accordance with this
19101 section is exempt from the requirements in Title 63, Chapter 46a, Utah Administrative
19102 Rulemaking Act.
19103 (12) Recharge and recovery projects permitted under Chapter 3b, Groundwater
19104 Recharge and Recovery Act, are exempted from this section.
19105 (13) Nothing in this section may be interpreted to require the development,
19106 implementation, or consideration of a groundwater management plan as a prerequisite or
19107 condition to the exercise of the state engineer's enforcement powers under other law, including
19108 powers granted under Section 73-2-25 .
19109 (14) A groundwater management plan adopted in accordance with this section may not
19110 apply to the dewatering of a mine.
19111 (15) (a) A groundwater management plan adopted by the state engineer before May 1,
19112 2006, remains in force and has the same legal effect as it had on the day on which it was
19113 adopted by the state engineer.
19114 (b) If a groundwater management plan that existed before May 1, 2006, is amended on
19115 or after May 1, 2006, the amendment is subject to this section's provisions.
19116 Section 458. Section 73-10-1 is amended to read:
19117 73-10-1. State's policy -- Creation of revolving fund -- General construction of
19118 act.
19119 (1) The Legislature of the state of Utah having heretofore declared by Section 73-1-1 ,
19120 Utah Code Annotated 1953, that, "All waters of this state, whether above or under the ground
19121 are hereby declared to be the property of the public, subject to all existing rights to the use
19122 thereof"; and further, by Section 73-1-3 , Utah Code Annotated 1953, that "Beneficial use shall
19123 be the basis, the measures and the limit of all rights to the use of water in this state"; and

19124 further, by Section [ 17A-2-1401 ] 17B-2a-1002 that the policy of the state is, "To obtain from
19125 water in Utah the highest duty for domestic uses and irrigation of lands in Utah within the
19126 terms of interstate compacts or otherwise," now by this act reiterates and reaffirms such
19127 declaration of the public policy of the state of Utah.
19128 (2) It is further declared to be the policy of this chapter and of the state of Utah, and the
19129 legislature recognizes:
19130 (a) that by construction of projects based upon sound engineering the waters within the
19131 various counties of the state of Utah can be saved from waste and increased in efficiency of
19132 beneficial use by 25% to 100%;
19133 (b) that because of well-known conditions such as low prices and lack of market for
19134 farm products, particularly the inefficiency of water supply because of lack of late season water
19135 and consequent lack of financial strength, water users in small communities have been unable
19136 to build projects that would provide full conservation and beneficial use for the limited water
19137 supply in this semiarid land;
19138 (c) that water, as the property of the public, should be so managed by the public that it
19139 can be put to the highest use for public benefit;
19140 (d) that Congress of the United States has provided for the building of larger water
19141 conservation projects throughout the semiarid states, payment of the capital costs without
19142 interest to be made by the water users upon the basis of a fair portion of crop returns;
19143 (e) that the Congress of the United States has established in the department of interior
19144 and in the department of agriculture, various agencies having authority to develop, protect, and
19145 aid in putting to beneficial use the land and water resources of the United States and to
19146 cooperate with state agencies having similar authority;
19147 (f) that the interests of the state of Utah require that means be provided for close
19148 cooperation between all state and federal agencies to the end that the underground waters and
19149 waters of the small streams of the state, and the lands thereunder, can be made to yield
19150 abundantly and increase the income and well-being of the citizens of the state;
19151 (g) that it appears to be sound public policy for the state of Utah to provide a revolving
19152 fund, to be increased at each legislative session, to the end that every mountain stream and
19153 every water resource within the state can be made to render the highest beneficial service, such
19154 fund to be so administered that no project will be built except upon expert engineering,

19155 financial, and geological approval.
19156 (3) All of the provisions of this chapter shall be liberally construed so as to carry out
19157 and put into force and effect the purposes and policies as hereinabove set forth.
19158 Section 459. Section 73-10-21 is amended to read:
19159 73-10-21. Loans for water systems -- Eligible projects.
19160 This chapter shall apply to all eligible projects of incorporated cities and towns,
19161 metropolitan water districts created under Title [17A] 17B, Chapter [2] 2a, Part [8,] 6,
19162 Metropolitan Water District Act, water conservancy districts created under Title [17A] 17B,
19163 Chapter [2] 2a, Part [14,] 10, Water Conservancy District Act, improvement districts created
19164 under Title [17A] 17B, Chapter [2] 2a, Part [3, county improvement districts created under
19165 Title 17A, Chapter 3, Part 2,] 4, Improvement District Act, assessment areas established under
19166 Title 11, Chapter 42, Assessment Area Act, and special service districts established under Title
19167 17A, Chapter 2, Part 13, Utah Special Service District Act. Eligible projects are those for the
19168 acquisition, improvement, or construction of water systems used for the production, supply,
19169 transmission, storage, distribution, or treatment of water for cities, towns, metropolitan water
19170 districts, water conservancy districts, improvement districts, special improvement districts, or
19171 special service districts, or the improvement or extension of such systems.
19172 Section 460. Section 73-10-32 is amended to read:
19173 73-10-32. Definitions -- Water conservation plan required.
19174 (1) As used in this section:
19175 (a) "Board" means the Board of Water Resources created under Section 73-10-1.5 .
19176 (b) "Division" means the Division of Water Resources created under Section 73-10-18 .
19177 (c) "Retail" means the level of distribution of culinary water that supplies culinary
19178 water directly to the end user.
19179 (d) "Retail water provider" means an entity which:
19180 (i) supplies culinary water to end users; and
19181 (ii) has more than 500 service connections.
19182 (e) "Water conservancy district" means an entity formed under Title [17A] 17B,
19183 Chapter [2] 2a, Part [14] 10, Water Conservancy [Districts] District Act.
19184 (f) "Water conservation plan" means a written document that contains existing and
19185 proposed water conservation measures describing what will be done by retail water providers,

19186 water conservancy districts, and the end user of culinary water to help conserve water and limit
19187 or reduce its use in the state in terms of per capita consumption so that adequate supplies of
19188 water are available for future needs.
19189 (2) (a) Each water conservation plan shall contain:
19190 (i) a clearly stated overall water use reduction goal and an implementation plan for
19191 each of the water conservation measures it chooses to use, including a timeline for action and
19192 an evaluation process to measure progress;
19193 (ii) a requirement that each water conservancy district and retail water provider devote
19194 part of at least one regular meeting every five years of its governing body to a discussion and
19195 formal adoption of the water conservation plan, and allow public comment on it;
19196 (iii) a requirement that a notification procedure be implemented that includes the
19197 delivery of the water conservation plan to the media and to the governing body of each
19198 municipality and county served by the water conservancy district or retail water provider; and
19199 (iv) a copy of the minutes of the meeting and the notification procedure required in
19200 Subsections (2)(a)(ii) and (iii) which shall be added as an appendix to the plan.
19201 (b) A water conservation plan may include information regarding:
19202 (i) the installation and use of water efficient fixtures and appliances, including toilets,
19203 shower fixtures, and faucets;
19204 (ii) residential and commercial landscapes and irrigation that require less water to
19205 maintain;
19206 (iii) more water efficient industrial and commercial processes involving the use of
19207 water;
19208 (iv) water reuse systems, both potable and not potable;
19209 (v) distribution system leak repair;
19210 (vi) dissemination of public information regarding more efficient use of water,
19211 including public education programs, customer water use audits, and water saving
19212 demonstrations;
19213 (vii) water rate structures designed to encourage more efficient use of water;
19214 (viii) statutes, ordinances, codes, or regulations designed to encourage more efficient
19215 use of water by means such as water efficient fixtures and landscapes;
19216 (ix) incentives to implement water efficient techniques, including rebates to water users

19217 to encourage the implementation of more water efficient measures; and
19218 (x) other measures designed to conserve water.
19219 (c) The Division of Water Resources may be contacted for information and technical
19220 resources regarding measures listed in Subsections (2)(b)(i) through (2)(b)(x).
19221 (3) (a) Before April 1, 1999, each water conservancy district [under Title 17A, Chapter
19222 2, Part 14, Water Conservancy Districts,] and each retail water provider shall:
19223 (i) (A) prepare and adopt a water conservation plan if one has not already been
19224 adopted; or
19225 (B) if the district or provider has already adopted a water conservation plan, review the
19226 existing water conservation plan to determine if it should be amended and, if so, amend the
19227 water conservation plan; and
19228 (ii) file a copy of the water conservation plan or amended water conservation plan with
19229 the division.
19230 (b) Before adopting or amending a water conservation plan, each water conservancy
19231 district or retail water provider shall hold a public hearing with reasonable, advance public
19232 notice.
19233 (4) (a) The board shall:
19234 (i) provide guidelines and technical resources to retail water providers and water
19235 conservancy districts to prepare and implement water conservation plans;
19236 (ii) investigate alternative measures designed to conserve water; and
19237 (iii) report regarding its compliance with the act and impressions of the overall quality
19238 of the plans submitted to the Natural Resources, Agriculture, and Environment Interim
19239 Committee of the Legislature at its meeting in November 2004.
19240 (b) The board shall publish an annual report in a paper of state-wide distribution
19241 specifying the retail water providers and water conservancy districts that do not have a current
19242 water conservation plan on file with the board at the end of the calendar year.
19243 (5) A water conservancy district or retail water provider may only receive state funds
19244 for water development if they comply with the requirements of this act.
19245 (6) Each water conservancy district and retail water provider specified under
19246 Subsection (3)(a) shall:
19247 (a) update its water conservation plan no less frequently than every five years; and

19248 (b) follow the procedures required under Subsection (3) when updating the water
19249 conservation plan.
19250 (7) It is the intent of the Legislature that the water conservation plans, amendments to
19251 existing water conservation plans, and the studies and report by the board be handled within the
19252 existing budgets of the respective entities or agencies.
19253 Section 461. Section 76-10-1503 is amended to read:
19254 76-10-1503. Definitions.
19255 As used in this act:
19256 (1) "Bus" means any passenger bus or coach or other motor vehicle having a seating
19257 capacity of 15 or more passengers operated by a bus company for the purpose of carrying
19258 passengers or cargo for hire and includes a transit vehicle, as defined in Section [ 17A-2-1004 ]
19259 17B-2a-802 , of a public transit district under Title [17A] 17B, Chapter [2] 2a, Part [10, Utah]
19260 8, Public Transit District Act.
19261 (2) "Bus company" or "company" means any person, group of persons or corporation
19262 providing for-hire transportation to passengers or cargo by bus upon the highways in the state,
19263 including passengers and cargo in interstate or intrastate travel. These terms also include local
19264 public bodies, public transit districts, municipalities, public corporations, boards and
19265 commissions established under the laws of the state providing transportation to passengers or
19266 cargo by bus upon the highways in the state, whether or not for hire.
19267 (3) "Charter" means a group of persons, pursuant to a common purpose and under a
19268 single contract, and at a fixed charge in accordance with a bus company's tariff, which has
19269 acquired the exclusive use of a bus to travel together to a specified destination or destinations.
19270 (4) "Passenger" means any person transported or served by a bus company, including
19271 persons accompanying or meeting another being transported, any person shipping or receiving
19272 cargo and any person purchasing a ticket or receiving a pass.
19273 (5) "Terminal" means a bus station or depot or any other facility operated or leased by
19274 or operated on behalf of a bus company and includes a transit facility, as defined in Section
19275 [ 17A-2-1004 ] 17B-2a-802 , of a public transit district under Title [17A] 17B, Chapter [2] 2a,
19276 Part [10, Utah] 8, Public Transit District Act. This term includes a reasonable area
19277 immediately adjacent to any designated stop along the route traveled by any bus operated by a
19278 bus company and parking lots or areas adjacent to terminals.

19279 Section 462. Section 78-27-63 is amended to read:
19280 78-27-63. Inherent risks of certain recreational activities -- Claim barred against
19281 county or municipality -- No effect on duty or liability of person participating in
19282 recreational activity or other person.
19283 (1) As used in this section:
19284 (a) "Inherent risks" means those dangers, conditions, and potentials for personal injury
19285 or property damage that are an integral and natural part of participating in a recreational
19286 activity.
19287 (b) "Municipality" has the meaning as defined in Section 10-1-104 .
19288 (c) "Person" includes an individual, regardless of age, maturity, ability, capability, or
19289 experience, and a corporation, partnership, limited liability company, or any other form of
19290 business enterprise.
19291 (d) "Recreational activity" includes a rodeo, an equestrian activity, skateboarding,
19292 roller skating, ice skating, fishing, hiking, bike riding, or in-line skating on property:
19293 (i) owned by:
19294 (A) with respect to a claim against a county, the county; and
19295 (B) with respect to a claim against a municipality, the municipality; and
19296 (ii) intended for the specific use in question.
19297 (2) Notwithstanding anything in Sections 78-27-37 , 78-27-38 , 78-27-39 , 78-27-40 ,
19298 78-27-41 , 78-27-42 , and 78-27-43 to the contrary, no person may make a claim against or
19299 recover from a county, municipality, or [independent special] local district under Title [17A]
19300 17B, [Chapter 2, Independent Special Districts] Limited Purpose Local Government Entities -
19301 Local Districts, or special service district under Title 17A, Chapter 2, Part 13, Utah Special
19302 Service District Act, for personal injury or property damage resulting from any of the inherent
19303 risks of participating in a recreational activity.
19304 (3) (a) Nothing in this section may be construed to relieve a person participating in a
19305 recreational activity from an obligation that the person would have in the absence of this
19306 section to exercise due care or from the legal consequences of a failure to exercise due care.
19307 (b) Nothing in this section may be construed to relieve any other person from an
19308 obligation that the person would have in the absence of this section to exercise due care or from
19309 the legal consequences of a failure to exercise due care.

19310 Section 463. Repealer.
19311 This bill repeals:
19312 Section 17A-1-101, Definitions.
19313 Section 17A-1-102, Notice to State Tax Commission -- Tax rate on new property
19314 included in the special district.
19315 Section 17A-1-205, Special districts subject to local district provisions relating to
19316 collection of water and sewer service fees.
19317 Section 17A-1-301, Exemptions.
19318 Section 17A-1-302, Vacancies on special district boards.
19319 Section 17A-1-401, Short title.
19320 Section 17A-1-402, Legislative intent.
19321 Section 17A-1-403, Applicability to special districts -- Exceptions.
19322 Section 17A-1-426, Emergency expenditures.
19323 Section 17A-1-446, State auditor to evaluate fiscal practices.
19324 Section 17A-1-801, Hiring of professional architect, engineer, or surveyor.
19325 Section 17A-2-101, Creation procedures for certain independent special districts.
19326 Section 17A-2-101.3, Annexation, dissolution, and withdrawal provisions for
19327 certain independent special districts.
19328 Section 17A-2-104, Notice before preparing or amending a long-range plan or
19329 acquiring certain property.
19330 Section 17A-2-201, Short title -- Policy of state -- Assessments.
19331 Section 17A-2-208, Cemetery maintenance district board of trustees --
19332 Appointment -- Other provisions applicable.
19333 Section 17A-2-210, Appointments to fill.
19334 Section 17A-2-216, Body politic and corporate -- Exercise of powers -- Corporate
19335 name.
19336 Section 17A-2-217, Powers of maintenance district.
19337 Section 17A-2-219, Acquisition and possession of property -- Legal title.
19338 Section 17A-2-221, Levy of taxes by cemetery board.
19339 Section 17A-2-222, Amount of tax -- Levy and collection.
19340 Section 17A-2-223, Power of board to incur indebtedness.

19341 Section 17A-2-226, Cities of first and second class excepted.
19342 Section 17A-2-305, Board of trustees -- Creation -- Appointment and election of
19343 members -- Qualifications.
19344 Section 17A-2-306, Bonds.
19345 Section 17A-2-307, Resolution calling bond election -- Precincts and polling places.
19346 Section 17A-2-308, Board of trustees -- Other provisions applicable -- No
19347 compensation to county legislative body -- Audit -- Budget.
19348 Section 17A-2-309, Results of bond election -- Resolution -- Issuance of bonds --
19349 Maximum bonded indebtedness.
19350 Section 17A-2-310, Certification of bond issue to county legislative body -- Tax
19351 levy -- Payment of revenue bonds -- Election on general obligation bonds and revenue
19352 bonds -- Bonds for sewer purposes -- Collection of charges.
19353 Section 17A-2-312, Powers of district -- Bond obligations of entity under Utah
19354 Interlocal Cooperation Act not obligation of district.
19355 Section 17A-2-313, Authority of district.
19356 Section 17A-2-315, Publication of resolution or proceeding -- Right to contest
19357 legality.
19358 Section 17A-2-317, Ratification of districts created under prior laws -- Issuance of
19359 authorized bonds -- Amendatory proceedings.
19360 Section 17A-2-318, Separability clause.
19361 Section 17A-2-319, Authority for district's exercise of other powers than those
19362 provided in creation -- Procedure -- Hearing -- Appeals.
19363 Section 17A-2-320, Special election of elective members of board of trustees.
19364 Section 17A-2-322, Ratification of districts created under prior laws.
19365 Section 17A-2-323, Abolishment of previously created districts.
19366 Section 17A-2-325, Creation of districts authorized.
19367 Section 17A-2-327, Districts continuing method of selection of trustees --
19368 Resolution -- Irrevocable as long as bonds outstanding -- Revocation of resolution.
19369 Section 17A-2-328, Powers of municipalities -- Collection -- System for collection,
19370 retention, and disposition of storm and flood waters -- Power of district to make contracts
19371 -- Retainage.

19372 Section 17A-2-329, Overlapping districts -- Abolition of smaller district --
19373 Conditions.
19374 Section 17A-2-401, Short title.
19375 Section 17A-2-402, Legislative intent.
19376 Section 17A-2-405, Area in county service area -- Overlapping of areas.
19377 Section 17A-2-411, Board of trustees -- Selection procedures -- Surety bonds --
19378 Other provisions applicable -- Board membership for certain service areas providing fire
19379 protection, paramedic, and emergency services.
19380 Section 17A-2-412, Service area deemed body corporate -- Powers.
19381 Section 17A-2-414, Tax rate -- Limitation.
19382 Section 17A-2-415, Levy and collection of tax -- Property subject to tax --
19383 Collection of service charges.
19384 Section 17A-2-416, Delinquent fees and charges to become lien when certified.
19385 Section 17A-2-418, Annexation or incorporation of all or part of county service
19386 area into city or town.
19387 Section 17A-2-419, Abandonment.
19388 Section 17A-2-423, Resolution calling election for issuing bonds -- Limit on general
19389 obligation bonds.
19390 Section 17A-2-424, Issuance of bonds -- Purposes of bonds -- Tax levy.
19391 Section 17A-2-425, Bonds payable from revenues -- Covenants with future holders
19392 authorized.
19393 Section 17A-2-426, Refunding bonds.
19394 Section 17A-2-428, Tax anticipation notes.
19395 Section 17A-2-429, Property exempt from taxation.
19396 Section 17A-2-431, Publication of resolutions or other proceedings adopted by
19397 board -- Time limit for contesting legality.
19398 Section 17A-2-502, Formation -- Time limit.
19399 Section 17A-2-506, Corporate status -- Board of trustees.
19400 Section 17A-2-509, Board to appoint engineer -- Contract with United States --
19401 Eminent domain -- Power to obtain water.
19402 Section 17A-2-511, Duties of secretary.

19403 Section 17A-2-512, Qualification and duties of treasurer.
19404 Section 17A-2-514, Employment of assistants.
19405 Section 17A-2-522, State lands subject.
19406 Section 17A-2-524, Taxes assessed against unentered and unpatented lands.
19407 Section 17A-2-525, Sale price certified.
19408 Section 17A-2-526, Sale of lands sold for taxes.
19409 Section 17A-2-527, Land patented to purchaser prior to issuance of tax deed --
19410 Conditions.
19411 Section 17A-2-534, Public uses -- Right of entry on lands -- Prohibitions.
19412 Section 17A-2-536, Compensation -- Conflict of interest -- Penalties.
19413 Section 17A-2-537, Appointment of trustee -- Vacancy -- No more than two
19414 trustees from same county in multicounty district.
19415 Section 17A-2-538, Interference with works a misdemeanor.
19416 Section 17A-2-539, Additional liability.
19417 Section 17A-2-540, Right-of-way -- Highways and railroads may be assessed --
19418 Assessment of governmental units.
19419 Section 17A-2-542, Terms defined -- Power over watercourses -- Expenses.
19420 Section 17A-2-543, Contractual powers -- Bond issues -- Election.
19421 Section 17A-2-544, Bonds -- Lien on land and improvements.
19422 Section 17A-2-545, Bond issue -- Statement attached.
19423 Section 17A-2-549, Estimates for construction -- Debts -- Sinking fund -- Levy.
19424 Section 17A-2-550, Addition of delinquent taxes in case of contract with the United
19425 States.
19426 Section 17A-2-551, Attendance of officials.
19427 Section 17A-2-552, Drainage district taxes.
19428 Section 17A-2-553, Taxes considered lien -- Sale of property -- Time of redemption
19429 -- Notice -- Penalty -- Record.
19430 Section 17A-2-554, Payment of taxes with bonds or warrants of district.
19431 Section 17A-2-555, Statement of indebtedness to be procured -- Fees -- Filing --
19432 Discharge of lien.
19433 Section 17A-2-556, Form of release and discharge.

19434 Section 17A-2-557, Release and discharge may be recorded.
19435 Section 17A-2-559, Redemption by owner or lien holder -- Adjustment, payment or
19436 settlement.
19437 Section 17A-2-560, Land redeemed when lien discharged -- Lien priority --
19438 Foreclosure.
19439 Section 17A-2-601, Establishment -- Time limit -- Exceptions.
19440 Section 17A-2-607, Legal existence of district -- Powers.
19441 Section 17A-2-609, Trustees -- Election or appointment -- Countywide fire
19442 protection district -- Other provisions applicable.
19443 Section 17A-2-610, Separate meetings -- County clerk may be secretary.
19444 Section 17A-2-611, Authority of district.
19445 Section 17A-2-612, Election for office of fire commissioner.
19446 Section 17A-2-613, Office of the board of trustees -- Principal places of business of
19447 district.
19448 Section 17A-2-615, Association to encourage uniformity and coordination of
19449 programs -- Contracts between two or more fire protection districts.
19450 Section 17A-2-616, Statement of taxable value of property.
19451 Section 17A-2-617, Annual budget -- Levy, extension, and collection of taxes.
19452 Section 17A-2-618, Bonds -- Duty of board of trustees -- Levy of taxes for payment
19453 of bonds.
19454 Section 17A-2-619, Indebtedness not to exceed estimated expendable revenue.
19455 Section 17A-2-620, Duties of treasurer.
19456 Section 17A-2-621, Secretary -- Countersigning of drafts and warrants.
19457 Section 17A-2-622, Petition for bond election -- Petition requirements -- Notice and
19458 hearing -- Election regarding issuance of bonds.
19459 Section 17A-2-623, Limitations upon indebtedness.
19460 Section 17A-2-701.1, Title.
19461 Section 17A-2-701.2, Definitions.
19462 Section 17A-2-701.5, Creation of irrigation districts.
19463 Section 17A-2-706, Regular election of district for electing board members --
19464 Election provisions -- Official bond -- Fiscal agents.

19465 Section 17A-2-707, Office location.
19466 Section 17A-2-711, Board of trustees -- Organization -- Powers and duties -- Other
19467 provisions applicable.
19468 Section 17A-2-712, Additional powers of board.
19469 Section 17A-2-713, Titles vested -- Tax exemptions -- Sales -- Conveyances to
19470 United States.
19471 Section 17A-2-717.5, Validation of previous bond issues.
19472 Section 17A-2-718, Trustees to determine amounts required for current years --
19473 Establishment of sinking funds and reserve funds -- Certification of amounts.
19474 Section 17A-2-719.5, Use charges -- Duty of county assessors.
19475 Section 17A-2-721, Duties of county treasurer -- Liability -- Accounts to be kept
19476 and methods of payments -- Deposit of funds.
19477 Section 17A-2-722, Lien for unpaid use charges -- Sale of land for delinquent use
19478 charges -- Redemption period.
19479 Section 17A-2-724, Claims -- Manner of payment -- Registry of warrants --
19480 Emergency loans.
19481 Section 17A-2-726, Compensation of officials -- Prohibitions -- Penalties.
19482 Section 17A-2-728, Distribution of water.
19483 Section 17A-2-729, Diversion of water.
19484 Section 17A-2-730, Exclusion of lands from district.
19485 Section 17A-2-738, Redivision of districts.
19486 Section 17A-2-739, Exclusion of lands -- Liability not impaired.
19487 Section 17A-2-749, Special proceedings for judicial examination.
19488 Section 17A-2-750, Petition for confirmation.
19489 Section 17A-2-751, Notice -- Contest -- Time for hearing.
19490 Section 17A-2-752, Parties -- Appearances -- Practice and procedure.
19491 Section 17A-2-753, Findings and decree -- Costs.
19492 Section 17A-2-754, Transfer of water rights -- Notice to landowners.
19493 Section 17A-2-755, Districts declared bodies corporate -- Tax exemption of bonds
19494 and securities except corporate franchise tax.
19495 Section 17A-2-756, Inclusion of state lands.

19496 Section 17A-2-757, Special-benefit construction -- Terms -- Costs.
19497 Section 17A-2-758, Local improvement districts.
19498 Section 17A-2-759, Establishment -- Limit as to costs -- Authorization --
19499 Construction warrants -- Orders.
19500 Section 17A-2-760, Assessment of damages and benefits -- Board of equalization.
19501 Section 17A-2-761, Validation of the creation and organization of irrigation
19502 districts and of district elections.
19503 Section 17A-2-762, Costs levied and collected.
19504 Section 17A-2-763, Payment of delinquency.
19505 Section 17A-2-764, Local improvement bonds.
19506 Section 17A-2-765, Contracts with United States.
19507 Section 17A-2-766, Validation of act.
19508 Section 17A-2-767, Default of district -- Court procedure.
19509 Section 17A-2-801, Title.
19510 Section 17A-2-802, Definitions.
19511 Section 17A-2-803, Purpose of metropolitan water district.
19512 Section 17A-2-810, Concurrent and consolidated elections.
19513 Section 17A-2-818, Powers of incorporated districts -- Preferential right of city to
19514 purchase water.
19515 Section 17A-2-819, Trustees -- Representation -- Voting -- Organization and
19516 membership -- Other provisions apply.
19517 Section 17A-2-820, Powers of trustees.
19518 Section 17A-2-821, Resolution or ordinance proposing obligations or indebtedness
19519 -- Election.
19520 Section 17A-2-823, Majority vote in favor of incurring obligations or indebtedness.
19521 Section 17A-2-824, Revenue indebtedness or general obligation indebtedness --
19522 Procedure for incurring -- Terms.
19523 Section 17A-2-826, Sale of bonds.
19524 Section 17A-2-827, Proceeds of sale of bonds.
19525 Section 17A-2-828, Action to test validity of contracts, bonds, and other contract
19526 obligations or indebtedness.

19527 Section 17A-2-829, Water rates to pay operating expenses, repairs, and
19528 depreciation -- Interest and principal of bonded and other debt to be paid so far as
19529 practicable from water rates -- Tax levy.
19530 Section 17A-2-830, Conversion of coupon bonds into registered bonds --
19531 Reconversion -- Exchanging for higher denomination.
19532 Section 17A-2-831, Fees.
19533 Section 17A-2-833, Taxation -- Valuation.
19534 Section 17A-2-834, Rate of taxation.
19535 Section 17A-2-835, Amounts due from cities declared in resolution.
19536 Section 17A-2-836, Tax rates for cities.
19537 Section 17A-2-837, Collection of taxes.
19538 Section 17A-2-838, Collection fees.
19539 Section 17A-2-839, Lien for taxes.
19540 Section 17A-2-840, Expenses of incorporation.
19541 Section 17A-2-843, Interest of trustees or employees in contracts.
19542 Section 17A-2-845, Administration.
19543 Section 17A-2-846, Action by ordinance.
19544 Section 17A-2-847, Fiscal year -- Annual statements.
19545 Section 17A-2-848, Validating provision.
19546 Section 17A-2-849, Time for expenditure of tax revenues.
19547 Section 17A-2-850, Reserve funds -- Creation -- Use of funds -- Limitation.
19548 Section 17A-2-851, Separability.
19549 Section 17A-2-901, Organization authorized.
19550 Section 17A-2-906, Board of trustees -- Appointment -- Number.
19551 Section 17A-2-907, Board of trustees -- Vacancies -- Other provisions applicable.
19552 Section 17A-2-908, Powers of board of trustees.
19553 Section 17A-2-909, Taxation -- Limit of levy.
19554 Section 17A-2-911, Collection and disbursement of taxes.
19555 Section 17A-2-914, Notices -- Publication and posting.
19556 Section 17A-2-1001, Short title.
19557 Section 17A-2-1002, Legislative findings.

19558 Section 17A-2-1003, Part to be liberally construed.
19559 Section 17A-2-1004, Definitions.
19560 Section 17A-2-1016, Powers of incorporated district -- Bidding -- Eminent domain.
19561 Section 17A-2-1017, Consent required to control facilities -- Competition with
19562 existing publicly or privately owned public carriers prohibited.
19563 Section 17A-2-1018, Rates and charges for service.
19564 Section 17A-2-1019, Hearings on rates and charges and proposed facility location.
19565 Section 17A-2-1020, Hearings.
19566 Section 17A-2-1021, Intervention by municipality or county at hearings.
19567 Section 17A-2-1022, Cross-examination -- Introduction of evidence not covered on
19568 direct.
19569 Section 17A-2-1023, Technical rules of evidence not to apply.
19570 Section 17A-2-1024, Record of hearing -- Review.
19571 Section 17A-2-1025, Decision of board.
19572 Section 17A-2-1026, Safety regulations.
19573 Section 17A-2-1027, Traffic laws applicable.
19574 Section 17A-2-1028, Bond issues and other indebtedness authorized.
19575 Section 17A-2-1029, Participation in federal programs authorized.
19576 Section 17A-2-1030, Employee rights and benefits extended under federal law to
19577 apply.
19578 Section 17A-2-1031, Employees may organize and bargain collectively -- Strikes
19579 prohibited -- District to enter into bargaining agreements.
19580 Section 17A-2-1032, Labor disputes submitted to arbitration -- Selection of board
19581 -- Parties to share expense.
19582 Section 17A-2-1033, Acquisition of existing public transit systems -- Rights and
19583 benefits of employees preserved.
19584 Section 17A-2-1034, Agreements with state or public agency.
19585 Section 17A-2-1035, Limitation on indebtedness of district.
19586 Section 17A-2-1036, Investment of district funds.
19587 Section 17A-2-1037, Elections.
19588 Section 17A-2-1039, Board of trustees -- Powers and duties.

19589 Section 17A-2-1040, District officers -- Appointment -- Duty -- Compensation --
19590 Oath -- Bond.
19591 Section 17A-2-1041, General manager -- Duties -- Term and removal -- Salary to
19592 be fixed.
19593 Section 17A-2-1042, Additional powers and duties of general manager.
19594 Section 17A-2-1043, Certification of taxable value of property by county auditor.
19595 Section 17A-2-1044, Annual tax levy -- Election.
19596 Section 17A-2-1045, Collection of taxes by county officers.
19597 Section 17A-2-1046, Counties may withhold percentage for services rendered.
19598 Section 17A-2-1047, Enforcement of liens -- Sales and redemptions -- Disposition
19599 of proceeds.
19600 Section 17A-2-1048, Board of trustees representation for newly annexed area.
19601 Section 17A-2-1051, Members of board subject to recall.
19602 Section 17A-2-1052, Board may promulgate additional rules.
19603 Section 17A-2-1053, Action by ordinance permitted.
19604 Section 17A-2-1054, Fiscal year -- Annual statement of revenues and expenditures.
19605 Section 17A-2-1055, Title to vest in district -- Property exempt from taxation.
19606 Section 17A-2-1056, Claims against district -- Procedures.
19607 Section 17A-2-1057, Property exempt from execution -- Court may require tax
19608 levy.
19609 Section 17A-2-1058, District may issue bonds.
19610 Section 17A-2-1059, Funding districts -- Ceiling exempt tax.
19611 Section 17A-2-1060, Budget examination and comment.
19612 Section 17A-2-1401, Declaration of benefits and policy.
19613 Section 17A-2-1402, Short title -- Title of districts and bonds -- Requirements as to
19614 publication -- Definitions.
19615 Section 17A-2-1412, Duties of secretary -- Board may employ chief engineer,
19616 attorney, and other employees.
19617 Section 17A-2-1413, District powers -- Powers of board of trustees -- Other
19618 provisions applicable.
19619 Section 17A-2-1414, Who may enter into contracts -- Permissible purposes of

19620 contracts -- Agreements and leases -- Elections for water purchase contracts.
19621 Section 17A-2-1415, Contracts with subdivisions of other states.
19622 Section 17A-2-1416, Restoration of affected street or highway -- District subject to
19623 certain rules of county, city, or town.
19624 Section 17A-2-1417, Plans -- Available for public inspection -- Contents.
19625 Section 17A-2-1418, Utilization or distribution of electric power -- Subject to terms
19626 and conditions of contracts -- Use of revenues.
19627 Section 17A-2-1419, Franchise not required.
19628 Section 17A-2-1420, Organization of subdistricts -- Authority -- Bonds -- Board of
19629 trustees -- Powers -- Validation of proceedings -- Separability clause.
19630 Section 17A-2-1421, Inclusion of existing district in another district -- Powers and
19631 authority of districts -- Contracts between districts -- Public corporations within districts.
19632 Section 17A-2-1434, Creation of sinking fund.
19633 Section 17A-2-1801, Title.
19634 Section 17A-2-1802, Purpose.
19635 Section 17A-2-1803, Area -- Procedures -- Appeals.
19636 Section 17A-2-1804, Services provided.
19637 Section 17A-2-1805, Body corporate -- Authority.
19638 Section 17A-2-1806, Levy and collection of tax -- Property subject to tax -- Service
19639 charges.
19640 Section 17A-2-1807, Tax rate -- Limitation.
19641 Section 17A-2-1808, Board of trustees -- Selection procedure -- Other provisions
19642 applicable.
19643 Section 17A-2-1821, Annexation areas to be included in election districts.
19644 Section 17A-2-1822, Ratification of county service areas -- Bond issuance --
19645 Amendatory proceedings.
19646 Section 17A-2-1823, Bond issuance.
19647 Section 17A-2-1824, Maximum bonded indebtedness.
19648 Section 17A-2-1826, Sinking fund.
19649 Section 17A-2-1828, Taxation of property.
19650 Section 17A-2-1829, Property exempt from execution -- Court may require tax

19651 levy.
19652 Section 17A-2-1830, Limitation of liability.
19653 Section 17A-2-1831, Publication -- Time limit for contesting legality.
19654 Section 17A-2-1832, Severability clause.
19655 Section 17A-3-201, Short title.
19656 Section 17A-3-202, Purpose.
19657 Section 17A-3-203, Definitions.
19658 Section 17A-3-204, Powers of the county legislative body.
19659 Section 17A-3-205, Notice of intent to create special improvement district --
19660 Contents.
19661 Section 17A-3-206, Publication and mailing of notice of intention.
19662 Section 17A-3-207, Protests -- Hearing -- Alteration of proposal by resolution --
19663 Adding property to district -- Removal of protesters' property from district -- Recording
19664 requirements -- Waiver of objections.
19665 Section 17A-3-208, Contract required for improvement -- Bidding requirements --
19666 Exceptions.
19667 Section 17A-3-209, Payment of contracts -- Progress payments -- Retainage.
19668 Section 17A-3-210, Interim warrants.
19669 Section 17A-3-211, Utility connections and relocations ordered before paving --
19670 Assessing costs.
19671 Section 17A-3-212, Time for levy.
19672 Section 17A-3-213, Amount of assessment -- Payment from general funds.
19673 Section 17A-3-214, Ordinary repairs paid for by governing entity -- Grade change
19674 cost partially paid by governing entity -- Intersection improvement costs.
19675 Section 17A-3-215, Exemption of publicly-owned property -- Exception -- Service
19676 charges.
19677 Section 17A-3-216, Areas subject to assessment -- Methods of assessment.
19678 Section 17A-3-217, Assessment list -- Board of equalization and review -- Notice --
19679 Publication -- Hearings -- Corrections -- Report -- Waiver of objections.
19680 Section 17A-3-218, Assessment ordinance -- Publication -- Assessment list
19681 incorporated by reference.

19682 Section 17A-3-219, Supplemental assessment.
19683 Section 17A-3-220, Period for paying assessments -- Frequency of installments --
19684 Interest.
19685 Section 17A-3-221, Prepayment of assessment installments.
19686 Section 17A-3-222, Default in payment of assessment installment.
19687 Section 17A-3-223, Lien for assessment -- Priority.
19688 Section 17A-3-224, Sale of property to collect assessment.
19689 Section 17A-3-225, Payments from guaranty fund or reserve fund to avoid default
19690 -- Recovery from sale proceeds.
19691 Section 17A-3-226, Assessment proceeds constitute fund -- Disposition --
19692 Investment.
19693 Section 17A-3-227, Special improvement refunding bonds.
19694 Section 17A-3-228, Bonds.
19695 Section 17A-3-229, Errors or irregularities not voiding assessment -- Action to
19696 enjoin levy or collection -- Limitation of actions.
19697 Section 17A-3-230, Liability of governing entity on bonds.
19698 Section 17A-3-231, Disposition of surplus assessment -- Disposition of assessment
19699 proceeds on abandonment of improvement.
19700 Section 17A-3-232, Special Improvement Guaranty Fund -- Sources -- Uses --
19701 Investment -- Subaccounts.
19702 Section 17A-3-233, Reserve fund in lieu of special improvement guaranty fund --
19703 Investment.
19704 Section 17A-3-234, Special improvement fund surplus after bonds and warrants
19705 paid.
19706 Section 17A-3-235, Special improvement fund insufficient to pay bonds.
19707 Section 17A-3-236, Assessments on property acquired by governing entity at final
19708 tax sale paid from guaranty fund or reserve fund -- Reimbursement.
19709 Section 17A-3-237, Subrogation of governing entity for payments from guaranty
19710 or reserve fund.
19711 Section 17A-3-238, Insufficiency of guaranty or reserve fund -- Replenishment --
19712 Warrants -- Tax levy to pay warrants.

19713 Section 17A-3-239, Excess amount in guaranty fund -- Transfers to General Fund
19714 -- Special improvement refunding bonds.
19715 Section 17A-3-240, Other methods for making improvements unaffected.
19716 Section 17A-3-241, Validation of prior proceedings, bonds and warrants.
19717 Section 17A-3-242, Separability clause.
19718 Section 17A-3-243, Release of assessment.
19719 Section 17A-3-244, Dissolution of districts -- Payment of claims.
19720 Section 17A-3-301, Short title.
19721 Section 17A-3-302, Purpose.
19722 Section 17A-3-303, Definitions.
19723 Section 17A-3-304, Powers of municipality.
19724 Section 17A-3-305, Notice of intent to create special improvement district --
19725 Contents.
19726 Section 17A-3-306, Notice of intention to create district -- Publication -- Mailing.
19727 Section 17A-3-307, Protests by property owners -- Hearing -- Alteration of
19728 proposal by resolution -- Conditions for adding property to district -- Deletion of
19729 protesters' property from district -- Recording requirements -- Waiver of objections.
19730 Section 17A-3-308, Contracting for improvements -- Bids, publication, and notice
19731 -- Improvements for which contracts need not be let.
19732 Section 17A-3-309, Payment of contracts.
19733 Section 17A-3-310, Interim warrants.
19734 Section 17A-3-311, Connections of public utilities -- Service owned or provided by
19735 municipality, power to assess cost of connection.
19736 Section 17A-3-312, When assessments may be levied.
19737 Section 17A-3-313, Amount and payment of assessment.
19738 Section 17A-3-314, Costs not payable by assessments.
19739 Section 17A-3-315, Property of public agencies not assessable -- Charges for
19740 services or materials permitted -- Property acquired after creation of district.
19741 Section 17A-3-316, Areas subject to assessment -- Methods of assessment.
19742 Section 17A-3-317, Assessment list -- Board of equalization and review -- Hearings
19743 -- Appeal -- Corrections -- Report -- Waiver of objections.

19744 Section 17A-3-318, Assessment ordinance -- Publication -- Assessment list
19745 incorporated by reference.
19746 Section 17A-3-319, Supplemental assessment.
19747 Section 17A-3-320, Payment of assessments in installments -- Frequency -- Interest.
19748 Section 17A-3-321, Prepayment of assessment installments.
19749 Section 17A-3-322, Default in payment of assessment installment.
19750 Section 17A-3-323, Lien for assessment -- Priority.
19751 Section 17A-3-324, Sale of property to collect assessment.
19752 Section 17A-3-325, Payments from guaranty fund or reserve fund to avoid default
19753 -- Recovery from sale proceeds.
19754 Section 17A-3-326, Special improvement fund.
19755 Section 17A-3-327, Improvement revenues account.
19756 Section 17A-3-328, Special improvement bonds.
19757 Section 17A-3-329, Special improvement refunding bonds.
19758 Section 17A-3-330, Objection to assessment -- Actions to enjoin levy or set aside
19759 proceedings.
19760 Section 17A-3-331, Payment of special improvement bonds.
19761 Section 17A-3-332, Total assessments greater than cost of improvements -- Surplus
19762 to special improvement guaranty fund -- Abandonment of improvement.
19763 Section 17A-3-333, Improvement revenues -- Installment payments.
19764 Section 17A-3-334, Special Improvement Guaranty Fund -- Sources -- Uses --
19765 Investment -- Subaccounts.
19766 Section 17A-3-335, Reserve fund in lieu of Special Improvement Guaranty Fund --
19767 Investment.
19768 Section 17A-3-336, Interest charges, penalties and other collections greater than
19769 expenses -- Excess transferred to guaranty fund.
19770 Section 17A-3-337, Special improvement fund insufficient to pay bonds.
19771 Section 17A-3-338, Assessments on property acquired by municipality at final tax
19772 sale paid from guaranty fund or reserve fund -- Reimbursement.
19773 Section 17A-3-339, Subrogation of municipality for payments from guaranty or
19774 reserve fund.

19775 Section 17A-3-340, Insufficiency of guaranty or reserve fund -- Replenishment --
19776 Warrants -- Tax levy to pay warrants.
19777 Section 17A-3-341, Excess amount in guaranty fund -- Special improvement
19778 refunding bonds.
19779 Section 17A-3-342, Intent.
19780 Section 17A-3-344, Proceedings prior to act validated -- Exceptions.
19781 Section 17A-3-345, Release of assessment.
19782 Section 17B-2-217, Limitation on initiating process to create local district.
19783 Section 17B-2-804, Collection of past due fees for water or sewer service -- Civil
19784 action authorized.
19785 Section 17B-2-805, Notice.
19786 Section 54-3-25, Telephone corporations -- Publishing special purpose district
19787 names and telephone numbers.




Legislative Review Note
as of 2-8-07 8:12 AM

Office of Legislative Research and General Counsel

Interim Committee Note
as of 02-08-07 9:59 AM

The Political Subdivisions Interim Committee recommended this bill.