H.B. 226 Enrolled

1

LOCAL GOVERNMENT FEE AUTHORITY
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Wayne A. Harper
5 Senate Sponsor: Curtis S. Bramble
6 Cosponsors:
7 Johnny Anderson
8 Patrice M. Arent
Jim BirdSusan Duckworth
James A. Dunnigan
Neal B. HendricksonR. Curt Webb
Ryan D. Wilcox 9
10 LONG TITLE
11 General Description:
12 This bill prohibits, with certain exceptions, a service area from charging or collecting a
13 fee.
14 Highlighted Provisions:
15 This bill:
16 . prohibits, with certain exceptions, a service area from charging or collecting a fee;
17 and
18 . makes technical corrections.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 17B-2a-902, as enacted by Laws of Utah 2007, Chapter 329
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 17B-2a-902 is amended to read:
29 17B-2a-902. Provisions applicable to service areas.
30 (1) Each service area is governed by and has the powers stated in:
31 (a) this part; and
32 (b) except as provided in Subsection (5), Chapter 1, Provisions Applicable to All Local
33 Districts.
34 (2) This part applies only to service areas.
35 (3) A service area is not subject to the provisions of any other part of this chapter.
36 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
37 Local Districts, and a provision in this part, the provision in this part governs.
38 (5) (a) Except as provided in Subsection (5)(b), on or after December 31, 2012, a
39 service area may not charge or collect a fee under Section 17B-1-643 for:
40 (i) law enforcement services;
41 (ii) fire protection services;
42 (iii) 911 ambulance or paramedic services as defined in Section 26-8a-102 that are
43 provided under a contract in accordance with Section 26-8a-405.2 ; or
44 (iv) emergency services.
45 (b) Subsection (5)(a) does not apply to:
46 (i) a fee charged or collected on an individual basis rather than a general basis;
47 (ii) a non-911 service as defined in Section 26-8a-102 that is provided under a contract
48 in accordance with Section 26-8a-405.2 ;
49 (iii) an impact fee charged or collected for a public safety facility as defined in Section
50 11-36-102 ; or
51 (iv) a service area that includes within the boundary of the service area a county of the
52 fourth, fifth, or sixth class.