First Substitute S.B. 43

Senator Daniel W. Thatcher proposes the following substitute bill:

1 LOCAL DISTRICT FEES
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Daniel W. Thatcher
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to a fee charged by a service area.
10 Highlighted Provisions:
11 This bill:
12 . in certain circumstances, prohibits a service area from charging or collecting a fee;
13 and
14 . makes technical corrections.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 This bill provides an immediate effective date.
19 Utah Code Sections Affected:
20 AMENDS:
21 17B-2a-902, as enacted by Laws of Utah 2007, Chapter 329
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 17B-2a-902 is amended to read:
25 17B-2a-902. Provisions applicable to service areas.

26 (1) Each service area is governed by and has the powers stated in:
27 (a) this part; and
28 (b) except as provided in Subsection (5), Chapter 1, Provisions Applicable to All Local
29 Districts.
30 (2) This part applies only to service areas.
31 (3) A service area is not subject to the provisions of any other part of this chapter.
32 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
33 Local Districts, and a provision in this part, the provision in this part governs.
34 (5) (a) Except as provided in Subsection (5)(b), a service area may not charge or collect
35 a fee under Section 17B-1-643 for:
36 (i) law enforcement services;
37 (ii) fire protection services;
38 (iii) 911 ambulance or paramedic services as defined in Section 26-8a-102 that are
39 provided under a contract in accordance with Section 26-8a-405.2 ; or
40 (iv) emergency services.
41 (b) Subsection (5)(a) does not apply to:
42 (i) a fee charged or collected on an individual basis rather than a general basis and in
43 accordance with Section 26-8a-403 ;
44 (ii) a non-911 service as defined in Section 26-8a-102 that is provided under a contract
45 in accordance with Section 26-8a-405.2 ; or
46 (iii) an impact fee charged or collected for a public safety facility as defined in Section
47 11-36-102 .
48 Section 2. Effective date.
49 If approved by two-thirds of all the members elected to each house, this bill takes effect
50 upon approval by the governor, or the day following the constitutional time limit of Utah
51 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
52 the date of veto override.