H.B. 307 General County Powers Amendments
Bill Sponsor: ![]() Rep. Hughes, Gregory H. | Floor Sponsor: ![]() Sen. Stephenson, Howard A. |
- Drafting Attorney: Victoria Ashby
- Fiscal Analyst: Andrea Wilko
- Bill Text
- Introduced
- Amended
- Enrolled
(Currently Displayed)
- Introduced
- Related Documents
- Information
- Last Action: 30 Mar 2010, Governor Signed
- Last Location: Executive Branch - Lieutenant Governor
- Effective Date: 11 May 2010
- Session Law Chapter: 385
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H.B. 307
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[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]
H.B. 307 Enrolled
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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
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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) [
29 [
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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 [
37 exercise a power, or perform a function that is reasonably related to the safety, health, morals,
38 and welfare of [
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
Date | Action | Location | Vote |
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 Committee | 13 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 Secretary | 69 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 House | 24 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 President | 67 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 |
Committee Hearings/Floor Debate
- Committee Hearings