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H.B. 307 General County Powers Amendments

  • Drafting Attorney: Victoria Ashby
  • Fiscal Analyst: Andrea Wilko



  • Information
    • Last Action: 30 Mar 2010, Governor Signed
    • Last Location: Executive Branch - Lieutenant Governor
    • Effective Date: 11 May 2010
    • Session Law Chapter: 385


H.B. 307


Download Zipped Enrolled WordPerfect HB0307.ZIP
[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]

H.B. 307 Enrolled

             1     

GENERAL COUNTY POWERS AMENDMENTS

             2     
2010 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Gregory H. Hughes

             5     
Senate Sponsor: Howard A. Stephenson

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill amends the general powers of a county.
             10      Highlighted Provisions:
             11          This bill:
             12          .    prohibits a county or a governmental instrumentality of a county from performing
             13      an action, providing a service, exercising a power, or performing a function in
             14      another county or a municipality within the other county without first entering into
             15      an agreement with the other county; and
             16          .    makes technical corrections.
             17      Monies Appropriated in this Bill:
             18          None
             19      Other Special Clauses:
             20          None
             21      Utah Code Sections Affected:
             22      AMENDS:
             23          17-50-302, as last amended by Laws of Utah 2008, Chapters 3 and 382
             24     
             25      Be it enacted by the Legislature of the state of Utah:
             26          Section 1. Section 17-50-302 is amended to read:
             27           17-50-302. General county powers.
             28          (1) [A] (a) Except as provided in Subsection (1)(b), a county may:
             29          [(a)] (i) as prescribed by statute[, levy, assess, and collect taxes, borrow money, and


             30      levy and collect special assessments for benefits conferred; and]:
             31          (A) levy a tax;
             32          (B) perform an assessment;
             33          (C) collect a tax;
             34          (D) borrow money; or
             35          (E) levy and collect a special assessment for a conferred benefit; or
             36          [(b)] (ii) provide [services, exercise powers, and perform functions that are] a service,
             37      exercise a power, or perform a function that is reasonably related to the safety, health, morals,
             38      and welfare of [their] county inhabitants, except as limited or prohibited by statute.
             39          (b) A county or a governmental instrumentality of a county may not perform an action
             40      described in Subsection (1)(a)(i) or provide a service, exercise a power, or perform a function
             41      described in Subsection (1)(a)(ii) in another county or a municipality within the other county
             42      without first entering into an agreement under Title 11, Chapter 13, Interlocal Cooperation
             43      Act, or other contract with the other county to perform the action, provide the service, exercise
             44      the power, or perform the function.
             45          (2) (a) A county may:
             46          (i) sue and be sued;
             47          (ii) subject to Subsection (2)(c), acquire real property by tax sale, purchase, lease,
             48      contract, or gift, and hold the real property as necessary and proper for county purposes;
             49          (iii) (A) subject to Subsection (2)(b), acquire real property by condemnation, as
             50      provided in Title 78B, Chapter 6, Part 5, Eminent Domain; and
             51          (B) hold the real property as necessary and proper for county purposes;
             52          (iv) as may be necessary to the exercise of its powers, acquire personal property by
             53      purchase, lease, contract, or gift, and hold such personal property; and
             54          (v) manage and dispose of its property as the interests of its inhabitants may require.
             55          (b) (i) For purposes of Subsection (2)(a)(iii), water rights that are not appurtenant to
             56      land do not constitute real property that may be acquired by the county through condemnation.
             57          (ii) Nothing in Subsection (2)(a)(iii) may be construed to authorize a county to acquire


             58      by condemnation the rights to water unless the land to which those water rights are
             59      appurtenant is acquired by condemnation.
             60          (c) (i) Except as provided in Subsection (2)(c)(iv), each county intending to acquire
             61      real property for the purpose of expanding the county's infrastructure or other facilities used
             62      for providing services that the county offers or intends to offer shall provide written notice, as
             63      provided in this Subsection (2)(c), of its intent to acquire the property if:
             64          (A) the property is located:
             65          (I) outside the boundaries of the unincorporated area of the county; and
             66          (II) in a county of the first or second class; and
             67          (B) the intended use of the property is contrary to:
             68          (I) the anticipated use of the property under the general plan of the county in whose
             69      unincorporated area or the municipality in whose boundaries the property is located; or
             70          (II) the property's current zoning designation.
             71          (ii) Each notice under Subsection (2)(c)(i) shall:
             72          (A) indicate that the county intends to acquire real property;
             73          (B) identify the real property; and
             74          (C) be sent to:
             75          (I) each county in whose unincorporated area and each municipality in whose
             76      boundaries the property is located; and
             77          (II) each affected entity.
             78          (iii) A notice under this Subsection (2)(c) is a protected record as provided in
             79      Subsection 63G-2-305 (7).
             80          (iv) (A) The notice requirement of Subsection (2)(c)(i) does not apply if the county
             81      previously provided notice under Section 17-27a-203 identifying the general location within
             82      the municipality or unincorporated part of the county where the property to be acquired is
             83      located.
             84          (B) If a county is not required to comply with the notice requirement of Subsection
             85      (2)(c)(i) because of application of Subsection (2)(c)(iv)(A), the county shall provide the notice


             86      specified in Subsection (2)(c)(i) as soon as practicable after its acquisition of the real property.


[Bill Documents][Bills Directory]

Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
DateActionLocationVote
2/5/2010 Bill Numbered but not Distributed Legislative Research and General Counsel
2/5/2010 Numbered Bill Publicly Distributed Legislative Research and General Counsel
2/5/2010 LFA/ bill sent to agencies for fiscal input Legislative Research and General Counsel
2/8/2010 House/ received bill from Legislative Research House Docket Clerk
2/8/2010 LFA/ fiscal note sent to sponsor House Docket Clerk
2/8/2010 LFA/ fiscal note publicly available House Docket Clerk
2/8/2010 House/ to Printing with fiscal note House Docket Clerk
2/8/2010 House/ 1st reading (Introduced) House Rules Committee
2/8/2010 House/ received bill from Legislative Printing House Rules Committee
2/9/2010 House/ to standing committee House Business and Labor Committee
2/16/2010 House Comm - Favorable Recommendation House Business and Labor Committee13 0 1
2/16/2010 House Comm - Consent Calendar Recommendation House Business and Labor Committee
2/17/2010 House/ comm rpt/ placed on Consent Calendar House Business and Labor Committee
2/17/2010 House/ 2nd reading House Consent Calendar
2/22/2010 House/ 3rd reading House Consent Calendar
2/22/2010 House/ passed 3rd reading Senate Secretary69 1 5
2/22/2010 House/ to Senate Senate Secretary
2/24/2010 Senate/ received from House Waiting for Introduction in the Senate
2/24/2010 Senate/ 1st reading (Introduced) Senate Rules Committee
3/8/2010 Senate/ lifted from Rules Senate Rules Committee
3/8/2010 Senate/ placed on 2nd Reading Calendar Senate 2nd Reading Calendar
3/9/2010 Senate/ 2nd & 3rd readings/ suspension Senate 2nd Reading Calendar
3/9/2010 Senate/ floor amendment Senate 2nd Reading Calendar
3/9/2010 Senate/ passed 2nd & 3rd readings/ suspension Clerk of the House24 0 5
3/9/2010 Senate/ to House with amendments Clerk of the House
3/9/2010 House/ received from Senate Clerk of the House
3/10/2010 House/ placed on Concurrence Calendar House Concurrence Calendar
3/10/2010 House/ concurs with Senate amendment Senate President67 1 7
3/10/2010 House/ to Senate Senate President
3/10/2010 Senate/ received from House Senate President
3/10/2010 Senate/ signed by President/ returned to House House Speaker
3/10/2010 Senate/ to House House Speaker
3/10/2010 House/ signed by Speaker/ sent for enrolling Legislative Research and General Counsel / Enrolling
3/10/2010 Bill Received from House for Enrolling Legislative Research and General Counsel / Enrolling
3/11/2010 Draft of Enrolled Bill Prepared Legislative Research and General Counsel / Enrolling
3/18/2010 Enrolled Bill Returned to House or Senate Clerk of the House
3/18/2010 House/ enrolled bill to Printing Clerk of the House
3/18/2010 House/ to Governor Executive Branch - Governor
3/30/2010 Governor Signed Executive Branch - Lieutenant Governor